Terms and Conditions for the LAMB auto-switching service

Find out more about the important things you need to know when using LAMB.

See our Privacy Policy, which provides further information on how we use your data.

GENERAL TERMS AND CONDITIONS

The Terms and Conditions relate to the Look After My Bills (LAMB) auto-switching service (the “Service”), by which the subscriber (also referred to in these Terms and Conditions as “you”) authorises us to assess your energy supply contract from time to time and, where we deem appropriate, to switch energy contract or supplier on the subscriber’s behalf using our own assessment and judgment in choosing the deal which is best suited for the subscriber according to information provided to us relating to the subscriber’s energy consumption.

The Service is provided by This Is The Big Deal Limited (also referred to in these Terms and Conditions as “the Big Deal”, “we” or “us”), a company registered in England and Wales (company number 08867458) having a registered office at 4 Heath Square, Boltro Rd, Haywards Heath, West Sussex, United Kingdom, RH16 1BL.

Upon registration to the Service and acceptance of the Terms and Conditions, these Terms and Conditions shall become a binding contract between you and us.

These are the current Terms and Conditions for the Service and replace any previously accepted or published version.

From time to time, we may update these Terms and Conditions to ensure that they are relevant and up-to-date reflecting changes that we may introduce to the Service and the changing requirements of the law and regulatory requirements that may be applicable to the Service. Any changes in these Terms and Conditions will be communicated to you through the Service screens on our website, by email or through such other means of communication that you may provide to us.

The “Customer Guarantee” published on our website from time to time, a copy of which can be found here sets out the principles that we apply in exercising our discretion in relation to the assessment and switching of your energy contract or energy supplier on your behalf. Further information about the Service can be obtained from our website and other publications or by contacting us. All Service details, rates, terms, conditions and other information are subject to change from time to time.

The Service is a subscriber only facility. We reserve the right to block access to the Service if it has reason to believe that the Service is being misused.

  1. The Service

In order to assess the energy supply deals available on the market and to decide which one suits your needs best, we rely on information you provide to us regarding your property and energy usage and regarding your past energy bills. We do not independently verify the information you provide to us and we rely entirely on what you tell us in order to find the best deal for you. It is your responsibility therefore to ensure that the information you provide to us is accurate and up-to-date.

We take into account a broad range of factors in selecting your energy contract or supplier which include price but also include (without limitation) the length of the deals on offer, long term price guarantees, quality of service, customer service, customer ratings, financial stability of the supplier, its track record and other information that may be available to us. Best value for money is one of the criteria by which we select energy contracts/supplier for our subscribers but the deal that we may select for you may not be the cheapest deal on the market at a given time and might not be the cheapest for your purposes. Please also refer to our “Customer Guarantee”.

2. Subscription term and renewals

Subject to your compliance with these Terms and Conditions the subscription for the Service will continue for the period indicated on registration. Upon the expiry of the initial subscription period your subscription shall renew automatically for an additional period. Your subscription will continue without limitation in time until either you or we decide to terminate the subscription.

You can terminate your subscription for the Service at any time by giving us notice through our website or through the contact details that we provide to you. If you proceed to switch energy supplier on your own, outside the Service, we may treat that as a notice by you to terminate your subscription for the Service.

3. No representation/limited authorisation

We do not represent or act as the agent for any energy supplier in connection with the Service or in connection with the supply of energy. Whilst we may have commercial relationships with energy suppliers and may negotiate collective deals with energy suppliers, in providing the Service we act independently using our own judgment to select energy suppliers and the best deals for our subscribers.

We take precautions not to put ourselves in conflict of interests and will seek to notify our subscribers if we believe we might be in conflict.

We will not represent you or act as your agent or representative in relation to your energy supply contracts with energy suppliers, even if we select the supplier or the contract and arrange the switching of your supplier. By signing up to the Service in accordance with these Terms and Conditions, you give us limited authority to do only the following, that is:

(i) to review your details and your energy contract and (if we decide it is the best option for you) to select an alternative contract or supplier; and
(ii) to contact the selected supplier and to provide your details to the supplier (which may be your existing supplier in case of switching between different contracts of the same supplier) and to complete application or registration forms or application questionnaires in relation to your new energy contract, in order to arrange the switching of contracts or suppliers on your behalf. You understand and agree that we will complete such application forms and questionnaires on your behalf without seeking your instructions in relation to the details or answers provided in the forms.

Once these steps are taken on your behalf, our Service is completed and we cease to be involved in relation to your energy contract. All other aspects of your energy supply contract with your supplier (including, without limitation, concluding your energy supply contract including providing any financial credentials or personal information or information relating to your property or energy usage to your new supplier, receiving, checking and paying bills, providing meter readings, customer service and complaints and reporting or handling any service disruptions, or other incidents or events associated with the energy supply contract) are your sole responsibility. We do not and cannot represent you (or your supplier) in relation to any such matters.

4. Credentials and passwords

User names and passwords and other subscription log-in credentials provided to you for the purpose of accessing the Service (“Account Credentials”) are personal and must not be shared. You must keep Account Credentials secure.

5. Use of the Service

The Service is provided to subscribers for the purpose of obtaining the best energy supply deals for our subscribers for their private, personal purposes and to help subscribers manage their private energy supply with minimum hassle and effort. The use of the Service or the use of your subscription for purposes which are inconsistent with the foregoing is strictly prohibited.

Unless arranged and agreed in advance with us, the use of the Service for any commercial or research purposes (including, without limitation, to conduct any surveys or to scrape or collect any data, to carry out competitor analysis or price research, to monitor the Service or third party energy deals or offers) is strictly prohibited.

Without derogation from the generality of the foregoing, any of the following is prohibited and may result in the immediate termination of the subscription without liability and may be reported to relevant authorities:

  • the unlawful use of the Service or its use for unlawful purposes;
  • the provision of misleading or inaccurate data to us in connection with the Service;
  • accessing a subscriber’s account without the subscriber’s express authorisation;
  • signing up, accessing or using the Service, or obtaining any product recommendations, data or other input from the Service, through automatic means (e.g., using “bots” or other computer software without an individual person controlling each step of the use of the Service);
  • the use of the Service for the purpose of developing, providing or carrying out any service or business targeting third parties (whether or not such service or business competes with us) or its use for the purpose of generating any revenue (other than savings on your private energy bills); or
  • the use of the Service in a manner intended to cause overload or disruption to the Service.

6. Warranties

You warrant and represent to us that:

  • You are at least 18 years old;
  • You do not represent any third party (other than your immediate family members or, if you are the owner or manager of a property held under lease or tenancy, the tenant or lessee) and you do not act in any capacity other than as a private consumer;
  • You subscribe for the Service for private personal purposes and not for any of the purposes prohibited under these Terms and Conditions;
  • All information you provide to us about yourself and your property including information relating to your current energy contract, your past and estimated energy usage and other information we request from you is true, accurate to the best of your knowledge and not misleading in any way; and
  • You will update us if any information you provided to us becomes out of date or untrue during the term of your subscription.

We warrant to you as follows:

  • we have the right to provide the Service;
  • we shall use commercially reasonable efforts to provide the Service using reasonable care and skill; and
  • we shall use commercially available technologies to protect your personal data.

Other than the warranties, representations and covenants expressly set out in these Terms and Conditions, we give no warranty nor make any representation in relation to the Service and the parties expressly disclaim to the fullest extent permitted by law any representation or warranty relating to the Service that may be implied by these Terms and Conditions, by custom or by law or otherwise and which is not expressly set out in these Terms and Conditions, including any implied warranties of quality, merchantability, title or entitlement, fitness for a particular purpose, non-infringement of third party rights, the ability to achieve a particular result or functionality, including any warranty or representation that the Service will be uninterrupted or error free, and all such implied terms or warranties are expressly excluded.

7. Data collected through the Service

In these Terms and Conditions, “Platform-Generated Data” means any data generated or arising from the provision of the Service or which we collate in the course of providing the Service or relating to the use of the Service by subscribers which may be recorded or collated by us or its contractors including, without limitation, data obtained from subscribers through registration forms, surveys, questionnaires, profile sheets, and other communications with us (including personal details of the subscriber), including any statistical data relating to energy supply deals and switching of suppliers or contracts for subscribers.

Insofar as any Platform-Generated Data incorporates your personal data, we shall process such personal data in accordance with the law and our Privacy Policy.

We shall be entitled to use, process, reproduce, communicate to the public, package, sell, rent or hire to any person, for any purpose whatsoever including, but not limited to, for the purpose of analysis, any Platform-Generated Data and to generate, reproduce, communicate and distribute any aggregated data, analysis, research, statistics and other derivative content based on such data, provided that any such data will not be disclosed to third parties (except under confidentiality obligations and in accordance with our privacy policy) in a form that discloses its connection to any individual subscriber.

To the extent that any intellectual property rights exist in any data that you provide to us (“User Contributed Data”), you hereby grant us a perpetual, irrevocable, royalty-free, worldwide licence to use your User Contributed Data in accordance with the paragraph above.

To the extent any intellectual property rights exist in the Platform-Generated Data (other than your intellectual property rights in any User Contributed Data), all such intellectual property rights shall belong solely to us and we shall have the exclusive right to exploit such rights and you hereby waive any right, title or interest in or to such rights.

8. Intellectual Property

The Service uses our intellectual property rights. For the purposes of these Terms and Conditions, “the LAMB IP” means all intellectual property rights subsisting in or relating to the Service including Platform-Generated Data, the computer code and other system elements underlying the LAMB application, software screens, all design elements and artwork, templates, layout designs and design facilities included in the Service, the concepts and ideas underlying the Service, all statistical and analytical data captured by or through the Service and the trade marks “LAMB” and “This is the Big Deal” and any other trade marks, trading names or signs adopted and used from time to time by us in relation to the Service.

You will not acquire any right, title or interest in any LAMB IP as a result of using or subscribing for the Service, except the limited right to receive the Service during the period of subscription in accordance with these Terms and Conditions.

Other than to receive and use the Service in accordance with these Terms and Conditions or otherwise with our prior written consent, and except to the extent permitted under sections 50A, 50B, 50BA and 296A of the Copyright, Designs and Patents Act 1988 (UK) or under any mandatory statutory provisions amending or substituting those provisions which are applicable in the United Kingdom including under European Union legislation, you agree that you shall not and shall not assist, procure or authorise any other person to do any of the following, that is:

(i) use the Service or your subscription for the benefit of any third party (except immediate family members, or, if you are the owner or manager of a property held under lease or tenancy, the tenant or lessee), or lend, lease, transfer, or grant the Service to any third party, or cause or permit any use, display, transfer of possession, sublicensing, publication, or other dissemination of the Service, in whole or in part, to or by any third party, or charge any third party in connection with the benefits of your subscription or the provision or use of the Service; or
(ii) modify, amend, reverse engineer, decompile, disassemble, re-engineer or otherwise re-create or attempt to re-create the code or the structural framework for part or all of the Service or reproduce, make adaptations or derivative works to the Service, or any of the LAMB IP; or
(iii) remove or change any proprietary or copyright notices, trade marks or trading names or other indications of source or ownership (of ours or any third party) that are included in the Service.

9. Indemnity

You agrees to indemnify us, our directors, employees, agents, representatives (“Indemnified Persons”) and keep us indemnified against any loss, damage, cost or liability arising to any Indemnified Persons as a result of any claim, demand or proceedings brought or threatened against the Indemnified Persons in connection with any breach by you of these Terms and Conditions, including any breach of warranty, or any misrepresentation or negligence in relation to your subscription to the Service or its use, or out of your use of the Service in contravention of these Terms and Conditions.

10. Limitations on liability

In no event shall a party be liable to the other under these Terms and Conditions or in connection with the performance of the Service or the breach of these Terms and Conditions, or in connection with any warranties hereunder, or in connection with the Service, for breach of contract, misrepresentation or for its negligence, for any indirect, incidental, consequential or special damages, including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business, even if the other party has been advised of the possibility of such damages in advance.

We shall have no liability whatsoever for any damage, liability or loss that you may incur, or to any other undesirable consequences, resulting from:

  • any suspension, delay or disruption of the Service, including where such suspension, delay or disruption results from our negligence and even if as a result of such disruption, an opportunity to switch to a better energy deal on your behalf was lost;
  • the loss or corruption of any data (including User Contributed Data); or
  • errors or inaccuracies in delivering the Service including innocent errors in assessing and choosing the best energy supply deal for you.

We shall have no liability whatsoever for any damage, liability or loss that you or any other person may incur, or to any other undesirable consequences, resulting from of your breach of your warranties or other obligations under these Terms and Conditions including, without limitation, the obligation to provide us with accurate, up-to-date and not misleading information and the obligation to keep log-in details and password secure or from the sharing of these details with any other person.

Each party’s maximum aggregate liability for any single event (or a series of related events) giving rise to a claim in connection with these Terms and Conditions or in relation to the Service, either for breach of contract, breach of warranty, misrepresentation or negligence (save for an express indemnity) shall be limited to £50.

The foregoing or anything to the contrary in these Terms and Conditions notwithstanding, nothing in these Terms and Conditions shall limit or exclude a party’s liability for death or personal injury caused by that party’s negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded by law.

11. Force Majeure

A party shall not be in breach of these Terms and Conditions, nor liable for any failure or delay in performance of any of its obligations under these Terms and Conditions where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power cuts electronic or communication network breakdowns, changes to the law or regulatory requirements, court orders or directions of a regulatory authority and any government or sovereign action.

12. Our Right To Terminate The Subscription
We shall be entitled to terminate your subscription for the Service at any time by written notice to you if you are in breach of these Terms and Conditions including in any event that you provide us with false or misleading information in connection with the Service or if you are in breach of any of your warranties or if you use the Service for purposes not permitted hereunder. In such circumstances, you will not be entitled to any refund.
We may also terminate or suspend your subscription in any of the following circumstances:
i. if for any legal reasons we are prevented from delivering the Service;
ii. if you fail the energy supplier’s credit check and the application for a new energy contract made on your behalf is consequently unsuccessful; or
iii. if you make arrangements directly, outside the Service, to switch your energy supplier or contract.

13. Complaints

If you wish to make a complaint or have other queries relating to the Service, please write to us to the following address: 4 Heath Square, Boltro Rd, Haywards Heath, West Sussex, United Kingdom, RH16 1BL, United Kingdom, or by email to: [email protected].

14. Cancellation right

You have the right to cancel your subscription within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you subscribe for the Service.

To exercise the right to cancel, you must inform us by writing to us at the correspondence address provided above, or to our email [email protected] your decision to cancel this contract by a clear statement. You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

15. General

The subscription is personal and subscribers may not assign or transfer their subscription to any person except with our express written consent. We shall be entitled to transfer its rights under these Terms and Conditions subject to its obligations to any member of its group or to any person acquiring its business and such transfer shall be effective upon notice being given to the subscriber.

Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership or joint venture and shall not be construed as giving rise to the relationship of principal and agent between the parties.

If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms.

A person who is not a party to these Terms and Conditions shall have no rights to enforce the provisions of these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.

No modification, alteration or waiver of any of the provisions of these Terms and Conditions shall be effective unless in writing and signed on behalf of each of the Parties. No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.

These Terms and Conditions constitute the entire agreement between the parties and supersede all other agreements, statements, letters and other arrangements between the parties in relation to the subject matter hereof. Each party acknowledges that it has not relied on or been induced to enter these Terms and Conditions by a representation other than those expressly set out in these Terms and Conditions. This clause does not affect a party’s liability in respect of a fraudulent misrepresentation.

These Terms and Conditions are governed by English law and the parties submit to the exclusive jurisdiction of the courts of England in relation to any dispute between them arising out of the subject matter of these Terms and Conditions.

Model cancellation form

To be provided as an attachment to the email:

This form can also be made available for completion online on the website

To

This Is The Big Deal Ltd
[address/email address]

 

I/We hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following services [*],

Ordered on [*]/received on [*]

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

 

Date:

[*] Delete as appropriate