TERMS AND CONDITIONS FOR USING THE WEBSITE

1. INTERPRETATION
1. In these Terms:

 “Intellectual Property” means property in which intellectual property rights of whatever nature (including but not limited to patents, trade marks, database rights and present and future copyright) subsist and, where the context so admits, includes such intellectual property rights;
“JKAL” means John Kemp Associates Limited (Company No. 03767009);
 “Services” means the services to be provided to the Client by JKAL as set out in the Letter; and
“Website” means http”//www.cheapestenergy.com
“Terms” means these terms and conditions.

2. USE OF THE WEB SITE

1. These Terms and Conditions apply to your use of our website, CheapestEnergy.com. By using CheapestEnergy.com you agree to be bound by these Terms and Conditions and agree that you have read and understood them. If you do not agree to be bound by the Terms and Conditions and by any other guidelines or rules applicable to particular services or schemes described below you should not use this website.
   

YOUR PARTICULAR ATTENTION IS DRAWN TO THE FOLLOWING CLAUSE

3. LIABILITY
1. Nothing in these Terms excludes or limits the liability of JKAL for:
1. death or personal injury caused by JKAL’s negligence;
2. any matter for which it would be illegal for JKAL to exclude or attempt to exclude its liability;
3. fraud or fraudulent misrepresentation.
2. Subject to clause 3.1 above JKAL shall have no liability in respect of any loss or damage sustained by the you as a result of any breach of any term of this agreement or by reason of JKAL’s negligence or JKAL’s sub contractors’ negligence.
3. While we will use all reasonable endeavours to ensure the accuracy of any information placed on the website, we make no representations or give any warranties of any kind with respect to this site or its contents and we disclaim all representations, except where fraudulently made, and warranties. In addition we make no representations or warranties about the accuracy or the information contained on this website.  
4. We make no warranty that the website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be liable to you for any loss of content or material uploaded or transmitted through the website. We will not be responsible for any loss or damage suffered as a result of a dispute between yourself and any third party due to the use of our Service..
5. You acknowledge that JKAL (including directors, employees and agents) shall in no circumstances be liable for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement or by reason of JKAL’s negligence or JKAL’s sub contractors’ negligence relating to your use of the website.
6. You shall keep JKAL indemnified in full against all direct, indirect or consequential liabilities (all three of which terms include, without limitation, loss of profit, loss of business, depletion of goodwill and like loss), loss, damages, injury, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by JKAL as a result of or in connection with an infringement or alleged infringement of any intellectual property rights used by the you.
7. JKAL makes no representation, guarantee or warranty that as a result of using the web site that you will have the cheapest energy bill possible for your household.  You acknowledge and agree that there may be cheaper suppliers in the market at any given time and there maybe further measures that you can take that will reduce your energy bill.
4. Our rights

1. We reserve the right at any time to modify or withdraw, temporarily or permanently, the website or any part of it without notice to you and we will not be liable to you in any way for any modification or withdrawal of the website. We also reserve the right to modify these Conditions without reference to you. We reserve the right at any time to refuse to process a transaction for any reason. We will not be liable to you or any third party by reason of our refusing to process a transaction.
4. Third party links
1. In the event that there are third party links to other websites for your convenience, you acknowledge and agree that we are not responsible for the availability or functionality of such external sites. We do not endorse the content of any external sites and are not responsible or liable, directly or indirectly, for any loss however caused to you by your use of any external site.

5. GENERAL
1. This agreement shall be governed and construed in accordance with the laws of England and any dispute arising under it shall be submitted to the exclusive jurisdiction of the English Courts.
2. No exercise or failure to exercise or delay in exercising any right, power or remedy vested in either party under or pursuant to this contract shall constitute a waiver by that party of that or any other right, power or remedy.
3. If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable in whole or in part such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
4. Any notice required by this agreement to be given by either party to the other shall be in writing and shall be served by sending it by first class post marked for the attention of the representative of the other party at its last known address. Any such notice shall be deemed served 48 hours after it is posted.
5. JKAL acts as principal at law in all contracts placed by JKAL and neither party shall act or represent itself as having authority to act as the agent of the other.
6. These Terms expressly exclude any third party rights under the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party which exists or is available apart from that Act.