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Terms of Use

Last updated: July 2024

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The following are the terms and conditions of use of the MotherTree website. Please read these Terms and Conditions carefully before you use the MotherTree website.

 

About MotherTree Ltd and these Terms of Use

MOTHERTREE LTD has its registered offices at 3rd Floor, 21 Perrymount Road, Haywards Heath, West Sussex, RH16 3TP. 

 

The website is owned and edited by MOTHERTREE LTD.

 

These terms of use (“Terms of Use”) govern your use of the website. In these Terms of Use, we use the term MotherTree, “the company”, “we”, “us” and “our” to refer to the head office of MotherTree at the registered address above and its affiliates.

 

Please read these Terms of Use carefully before using the website. 

 

By using the website, you agree to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to use the website.

 

Specific services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with us, or other third parties.

 

Updates to these Terms of Use

We may change these Terms of Use from time to time, for example, to comply with legal requirements or make technical adjustments, so please check back regularly to keep informed of updates. 

 

The latest version of these Terms of Use will always be available on the website. 

 

Any new version of these Terms of Use shall take effect and will govern the use of the website and your relationship with us immediately upon the date of posting. By continuing to use the website, you agree to be bound by the terms of these updates and amendments.

 

Our privacy policy

Our use of any personal data that you provide via the website, as well as information regarding visitors to the website and the ways in which we may use that information, will be governed by our Privacy Policy.

 

Marketing emails

At certain points on the website, you may be given the opportunity to opt-in to receive marketing emails from us. You can unsubscribe from these communications at any time. From time to time, we may also need to send you service emails relating to your account.

 

Your responsibilities

This website:

  • allows you to obtain comprehensive information about products and services selected by us from time to time and listed on this website; 

  • provides information on Suppliers and Services ("Suppliers"), and

  • allows you to obtain, through certain MotherTree services, such as the MotherTree Collective Switch, impartial information on Energy Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products.

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Use of this Service is free. The website is provided for general information only. 

 

By providing our service we are not:

  • giving you any investment, financial or other advice or recommendations in respect of any Financial Service on which you should rely.

  • You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this website.

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You also agree that:

  • we are only providing information regarding Suppliers and their Services, and you are not contracting directly with us for the provision of those Services; and

  • you are responsible for making all payments due to any Supplier on the terms agreed with the relevant Supplier for its Services or otherwise, and we shall have no responsibility for payments to any Supplier.

MotherTree cannot be held responsible if your selected product is invalid as a result of your error in providing correct information, or from a failure to disclose all material facts to us or your selected Supplier.

 

The Website is directed only at United Kingdom residents and nothing within it or these Terms and Conditions constitutes an offer or promotion of Services to persons outside the United Kingdom. We do not make any warranty or representation that the Services we offer are available or appropriate for use by those outside the United Kingdom. Should you choose to use the Services we provide outside the United Kingdom, you do so at your own risk and it is your responsibility to ensure that you are compliant with any applicable local laws.

 

In agreement to the terms of our Privacy Policy, you are permitted to use the Website on a temporary basis.

 

Price Delivery

Suppliers change their prices and rates on a regular basis. When you receive your quotes, it will tell you how long each Supplier guarantees its price. The price quoted to you will be accurate at the time of issue, and may change if your quote is resubmitted. Remember, you will receive the same guarantee from the Supplier on the Website as you would have received from them by going direct.

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Termination

The company shall be entitled to suspend the Services and/or terminate this Agreement if:

  • the Customer commits a breach of Your Responsibilities which in the Company’s reasonable opinion is serious enough to merit immediate termination; or

  • the Customer commits any breach of these terms and in the case of a breach which is capable of remedy, fails to remedy the same within 7 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or

  • the Company suspects on reasonable grounds that the Customer may have committed or be committing any fraud against the Company or any Supplier.

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The right to terminate this Agreement shall not prejudice any other right or remedy of the Company in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

You agree that MotherTree may terminate or suspend your access to and use of the websites if MotherTree reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of MotherTree, its affiliated companies or any third party, with or without notice to you. You agree that MotherTree may modify or discontinue providing any of the websites, with or without notice to you. You agree that MotherTree will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of Liability” and “General provisions” will survive termination of these Terms of Use.

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Customer Breach

The Customer shall compensate the Company in full for each loss, liability or cost incurred by the Company arising out of:

  • any claims or legal proceedings arising from the Customer’s use of the Services which are brought or threatened against the Company by any other person; or

  • any breach of this Agreement by the Customer.

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No fees for our comparison services

We will not charge you any fees for using our comparison services or website.

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We may receive commission from a Supplier when you: (a) click through to their website; or (b) purchase Services from them.

 

Use of materials on the website

MotherTree has created the website to provide information about its company and services for your personal use. You may download one computer copy or print one copy of the material made available to you via the website, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the website (such as MotherTree’s creations or services, images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (“MotherTree Material”) are owned by MotherTree and protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

 

You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on or use any MotherTree Material in any way for any public or commercial purposes. Furthermore, MotherTree Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of a breach of any of these Terms of Use, your permission to use MotherTree Material will automatically terminate and any copies made of MotherTree Material must be immediately destroyed. Any unauthorised use of MotherTree Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Limitation of liability

MotherTree has taken every reasonable step to ensure that the information provided is accurate and up-to-date. However, MotherTree does not warrant or represent that MotherTree’s Material is accurate, error-free or reliable or that use of MotherTree Material will not infringe rights of third parties.

We can accept no liability for any errors or omissions. We reserve the right to add, amend or delete information from this site at any time. Whilst we take every reasonable step to counteract viruses and other things with contaminating or destructive properties, we can give no warranty that this site and its content are free from viruses or anything else that has such contaminating or destructive properties.

 

The website (including all content on it) is provided by us free of charge on an "as is" and "as available" basis. We do not guarantee that the Website will operate continuously, without interruptions or be fault-free. We may need to make the website unavailable to carry out maintenance or upgrade work, in which case we will try to give you reasonable notice. We may also update and change the website from time to time. We will try to give you reasonable notice of any major changes.

 

If use of the website or MotherTree Material results in the need for servicing or replacing property, material, equipment, data or other element, MotherTree is not responsible for those costs. Without limiting the foregoing, everything on the websites (including any MotherTree Material) is provided to you “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. MotherTree and its suppliers make no warranties about the MotherTree Material, software, text, downloads, graphics, and links, or about results to be obtained from using the websites.

 

Although the MotherTree Material has been produced and processed from sources believed to be reliable, your use of the MotherTree Material is at your own risk and we make no representation as to the accuracy or reliability of the data. The algorithms and models that are used to generate results in your money carbon footprint are based on MotherTree’s own objective criteria and independent research, and should not be relied on by you as a substitute for your own investigation or research. If you rely on any MotherTree Material instead of undertaking your own investigation or research, you do so at your own risk.

 

We will use reasonable care and skill to ensure that information provided to us by the Suppliers in respect of their Services or otherwise is accurate. However, we obtain this information from third parties. We cannot, and do not, provide any representations, guarantees, and/or warranties (express or implied) as to the quality, suitability for any purpose (including your needs), compatibility, reliability, accuracy, completeness or timeliness of information provided by any Supplier and/or accessed or obtained by you via the website or otherwise through using our services. It is your responsibility to evaluate the quality, suitability, accuracy, completeness, timeliness and reliability of this information.

 

In addition, we make this website available for United Kingdom ("UK") residents only and in doing so we are not making any offer or promotion of any services or products to persons not in the UK. We make no representations, guarantees or warranties (express or implied) that the services we offer are available or appropriate for use by those outside the UK.

 

To the fullest extent permitted by applicable law, MotherTree shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the website or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if MotherTree has been advised of the possibility of such damages.

 

The Company will use its reasonable endeavours to ensure that information provided to it by Suppliers is accurate but The Company does not guarantee the accuracy, completeness, legality or suitability for the Customer’s needs of any information which is provided to the Customer by any Supplier and/or is accessed or obtained by the Customer via the Website or otherwise through using the Service. You agree that The Company will not be liable for any loss, claim or damage (whether direct or indirect) which arises out of or is in any way connected with:

 

  • any use of the Service, the Website or its contents;

  • any failure or delay in any component of the Website, the provision of the Service or the provision by any Supplier of its goods, products or services to the Customer (including, without limitation, where the Customer has a delayed or failed switch from its current energy Supplier to a Supplier and/or the Customer is unable to obtain the cashback, voucher, reduced price tariff or other reward or incentive which he or she may have otherwise been entitled to from a Supplier were it not for the failure or delay);

  • any use of or reliance upon any information, material, software, products or services obtained through Website or otherwise through using the Service (including, without limitation, any information, material, software, products or services of any Suppliers); or

  • any transaction or agreement between the Customer and any Supplier or any attempt to enter into a transaction or an agreement with any Supplier, in all cases even if The Company has been forewarned of the possibility of such loss or damage.

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Data Protection

The Company shall comply with all applicable data protection laws in the United Kingdom. For a description of how The Company uses personal data the Customer should refer to The Company’s privacy policy.

 

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses.

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You are responsible for configuring your information technology, computer programmes and platform in order to access the website. You should use your own virus protection software.

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You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website.

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We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

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Assignment

The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. The Company shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.

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Force Majeure

The Company shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

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Copyright notice

All content (including MotherTree Materials) on the websites are either Copyright © MotherTree or are licensed for use by MotherTree. All rights are reserved. Please refer to the section above on Use of Materials on the websites.

 

Third parties

This website may contain links to third-party products, services and/or websites that are not affiliated with MotherTree. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. 

 

This website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this website should not be taken as an endorsement by us of any kind.

 

If you choose to click through any link to off-site pages or third party sites then this is at your own risk. 

 

MotherTree does not authorise linking to any of its websites from a third party platform without its express prior written authorisation.

 

General provisions

Unless otherwise specified, the information and MotherTree Materials presented on the website are presented solely for the purpose of promoting MotherTree’s services. 

 

If any provision or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

 

These Terms of Use constitute the entire agreement between you and us in relation to the use of the website, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

 

The waiver by MotherTree of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

 

Intellectual Property Rights

Any logos, trademarks, service marks and domain names and all related intellectual property rights, of the Suppliers whose information we list in providing the Service, belong to the Suppliers, and you may not reproduce them without their prior written consent. Except for the above, all intellectual property rights including, without limitation, all logos, trademarks, service marks, domain names, database rights, rights in design, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes contained in or underlying the Website and/or the service we provide belong to the Company. All rights of the Company in such intellectual property rights are hereby reserved.

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Commercial Use

The Website is for non-commercial use, meaning it is only for personal use or for use by a business to seek a Service directly for that business only. Unauthorised commercial or bulk use may slow down the speed of the Service we can provide for the Customers. We will monitor the use of our Services. If we detect commercial or bulk usage, we may abort the Service. In any event, we reserve the right to take action against those using the Service in an unauthorised way, to prevent disruption of the Service to genuine customers, and to recover any losses we suffer.

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Contact us

If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below:

Address

MotherTree LTD, 3rd Floor, 21 Perrymount Road, Haywards Heath, West Sussex, RH16 3TP

Email

hello@mymothertree.com

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