General Terms and Conditions
1. Your use of EnergyBillKill and MachFast mobile and web applications
EnergyBillKill and Machfast are the brand names under which “MACH EMC2 LTD”, a company limited by shares registered in England & Wales with a registered office at 85 Great Portland Street, London, W1W 7LT, delivers services.
By using EnergyBillKill and MachFast mobile and web applications, you indicate your acceptance of these terms and conditions.
If you do not accept these terms and conditions, you may not use our mobile and web applications.
If you have any questions on these terms and conditions, please contact us.
MACH EMC2 LTD reserves the right to amend these terms and conditions at any time and post the amended terms and conditions on line and in our Mobile and web Applications, as defined below.
We draw your attention to specific terms that may apply before you purchase any products using our application(s), especially, with respect to Third Party Services.
The following definitions apply:
- “Consumer” shall have the meaning ascribed in section 12 of the Unfair contract Terms Act 1977.
- “General Terms and Conditions” means these terms and conditions
- “Web site” “Website” or “Site” means the website you are browsing when you clicked on a link to these General Terms and Conditions, including all subsidiary pages.
- “Mobile Application(s)” means computer programs accessible through mobile phone devices
- “Web Application(s)” means web programs accessible through the world wide web.
- “we” or “us” or “ourselves” refers to the organisation whose name is identified to you on the Website or Mobile Applications or Web Applications. Please note that because these General Terms and Conditions apply to more than one Web Site, references to “We” or “Us” in the General Terms and Conditions means the company, partnership, or other organisation that is identified on the home page of the Web Site or the Mobile Application you were using you were browsing when you were referred to these General Terms and Conditions.
- “Within 24 hours” or a “24 hour service” means the service will be delivered no more than 1 working day after purchase and submission of all required information. If purchased on a Friday or the day before a UK public holiday, the service will be delivered on the next available working day.
- “Third Party Services” refers to third party service providers that are separate and independent corporate bodies, where you may purchase, subscribe to or otherwise commercially obtain services such as administrative, financial, technology etc. using our mobile and web applications
- “Supplier” means any supplier of services, products and/or goods selected by MACH EMC” LTD from time to time and who is listed on our Web and Mobile Applications
3. Information Contained on the Web site, Mobile Application(s), Web Application(s)
While we take all reasonable care to ensure that the information contained on the Website, Mobile and Web Applications is accurate and up to date, we make no representations, warranties or undertakings about any of the information content or materials provided on the Website, Mobile and Web Applications (including, without limitation, any as to quality, accuracy, completeness or reliability).
All material on the Website and our Mobile and Web Applications is provided for information purposes only and does not constitute legal, accounting or other professional advice, and it must therefore not be relied upon as such.
You should arrange your own advice from a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from the Web Site.
4. Updates and Changes
The Website, Mobile & Web Applications are being updated and improved on an ongoing basis. We reserve the right to change or remove (temporarily or permanently) the Website, Mobile & Web Applications or any part of the above without notice and you confirm that we shall not be liable to you for any such change or removal; and
Changes to these General Terms and Conditions or to the Specific Terms and Conditions may be made at any time and your use of the Website, Mobile Applications or Website Application or the purchase of products or services, are subject to any such changes.
You agree to check to see if any changes have been made to the General or the relevant Specific terms each time you visit the Website, Mobile Applications or Web Applications or purchase products or services from them.
5. Exclusion of liability to you from the use of the Web Site, Mobile and Web Applications
The Website, Mobile and Web Applications are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Any and all liability to you that may arise from your access to and use of the Web Site, Mobile and Web Applications, whether due to negligence, breach of duty or otherwise, is excluded to the maximum extent permitted by law.
No warranty is given that the functionality of the Website, Mobile and Web Applications will be uninterrupted or error free, that defects will be corrected or that the Web Site, Mobile and Web Applications or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
We are not responsible for the content of other Websites, Mobile Applications, Web Applications and Third Party Services, that link and/or are incorporated into the Website, Mobile and Web Applications, nor are we responsible for the content and/or service delivery of any Website, Mobile and Web Applications and any other Third Party Services to that link / or are incorporated into the Website, Mobile and Web Applications. Links / integration with other sites are provided purely for your convenience and do not imply that we approve of those Third Party Services.
Nothing in these General Terms and Conditions shall be construed so as to exclude or limit the liability of ourselves for death or personal injury as a result of our negligence or that of its employees or agents.
6. Copyright and trade-marks (Intellectual Property)
The copyright in all materials on the Website, Mobile and Web Applications, including their design, layout, text, graphics, photographs and the source code and software belong to their respective owners. Trade marks (whether registered or not) company names and the like are the property of their respective owners.
You are licensed to view and temporarily store Website pages, Mobile and Application cache data and their content in your browser’s or mobile phone’s temporary cache, and also to print out for reference a single copy for non-commercial purposes and off-line review.
You may not sell or re-sell anything available from the Website, Mobile or Web Applications, save to the extent expressly permitted pursuant to any product or service purchased by you from the Web Site, Mobile or Web Applications where such permission is either expressly given or is a necessary attribute of the product or service concerned.
7. Force Majeure –supply of goods or services ordered through the Website
In connection with the supply of any goods or services ordered by you through the Website, Mobile or Web Applications we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and we shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations) should a force Majeure event occur.
If a Force Majeure event to which this clause applies shall occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 days, either party shall have the right to cancel the agreement and where services have been paid for in advance but have not been rendered, you will be entitled to a refund from the date of cancellation for all such services.
8. Username and password
The website and/or Mobile Applications and/or Web Applications may provide the facility to register in order to gain enhanced access privileges or in order to purchase products or services. If you register, it is your responsibility to maintain the confidentiality of your password.
On no account should you disclose your password to anyone else.
You agree to indemnify and hold us harmless for any loss or damage we may incur resulting from breach of this clause.
9. Data Protection
We take our obligations of confidentiality and the protection of your personal data very seriously. We will not, therefore, sell or make you data available to any third party without your prior consent.
You may amend any information provided to us as part of registration on the Website or any mobile Application at any time.
Should you wish, at any time, to clear all your data from our systems, other than that information which is required to be held by MACH EMC2 LTD. for its statutory records, you may do so or request that we do so, on your behalf
You can review our full data protection policies at www.EnergyBillKill.com/gdpr-policy
Cookies are small data files that are stored locally on your computer and which enable us to tailor your experience in using the Website. Accounts and password information may be stored in cookies.
11. Terminating the use of the Website, Mobile Applications and Web Applications
We may withdraw or suspend your right to access or use the Website, Mobile & Phone Applications at any time, without prior notice and without providing any reason.
No waiver by us (whether express or implied) in enforcing any of our rights shall prejudice our right to enforce such rights in the future
If any provision of these General terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected
In the event of there being any conflict between these General Terms and Conditions and the Specific Terms and Conditions that apply specifically to the purchase of certain goods or services through the Website or mobile Applications, the Specific Terms and Conditions shall prevail.
No person who is not a direct a party to any agreement covered by these General Terms and Conditions shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
MACH EMC2 LTD. is eligible for referral fees from certain partners where lead information generates new business for those partners.
This clause applies where these General Terms and Conditions or the Specific Terms and Conditions provide expressly or by implication for the service of notices.
Any notice required to be given under our Agreement with you or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be in writing in the English language.
Any such notice shall be addressed to the usual business address of the other party and may be:
- personally delivered, in which case it shall be deemed to have been given upon delivery at the relevant address if it is delivered not later than 17.00 hours on a Business Day, or, if it is delivered later than 17.00 hours on a Business Day or at any time on a day which is not a Business Day, at 08.00 hours on the next Business Day; or
- if within the United Kingdom, sent by first class pre-paid post, in which case it shall be deemed to have been given two Business Days after the date of posting; or
- if from or to any place outside the United Kingdom, sent by pre-paid airmail, or by air courier in which case it shall be deemed to have been given seven Business Days after the date of posting in the case of airmail or two Business Days after delivery to the courier, in the case of air courier;
- sent by facsimile, in which case it shall be deemed to have been given when dispatched, subject to confirmation of uninterrupted transmission by a transmission report provided that any notice dispatched by facsimile after 17.00 hours on any Business Day or at any time on a day which is not a Business Day shall be deemed to have been given at 08.00 on the next Business Day; or
- sent by electronic mail, in which case, it shall be deemed to be given when received but subject to the same provisions regarding receipt after 17.00 hours as apply to notices sent by Facsimile.
Governing law and Jurisdiction
Your use of the Website, Mobile and Web Applications and the purchase of any products or services from it are governed in accordance with the laws of England and Wales.
Our mobile and web applications are 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.
The English courts shall have exclusive jurisdiction over any dispute or difference whatsoever arising out of or in connection with your use of the web site or the purchase of any products or services from it.
Company Formation services
MACH EMC2 LTD. is an online company formation agent and we make use of electronic filing facilities available from the UK’s Companies House.
Provided you have complied with the formalities necessary to register the company using our Website, Mobile and/or Web Applications Companies House will generally complete the incorporation within approximately 24 hours, during normal operating times. However, we have no control over this process, which may take longer.
Upon the formation of your company, we resign as agent. It is your responsibility to comply with all laws and regulations and ensure that the information, filed on your company, at Companies House is maintained up to date.
In addition to the formation of the company, you may optionally order additional products together with any associated products. Those products and services will be provided by third parties and you should ensure that you review their terms and conditions separately.
17. Services not included in product purchased by you from us online
We do not provide advice.
If you are forming a company using our application, you are strongly advised to seek independent advice. We assume that you have done so. If you have not yet taken such advice, please do not proceed with any purchase until you have done so.
18. Third Party Services
You may purchase a range of services over our web and mobile applications.
In general, those services will be provided by Third Parties directly and you will be subject to their Terms and Conditions. We would encourage you to review those terms and conditions, prior to any purchase
Our Mobile and Web Applications will provide you with a quotations and services based on the information you have provided to us. It is essential that all information and answers are true and accurate and that you also disclose all relevant facts.
If you do not provide accurate information and disclose all relevant facts this could lead to your selected product being invalid or you basing a purchasing decision on inaccurate information. In submitting any other person’s details, you are confirming to us that you have their permission to do so and that they understand how their information will be used.
MACH EMC2 LTD cannot be held responsible if your selected product is invalid, or incorrectly quoted, 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.
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.
We do not provide advice on any service provided by a third party and would suggest you take appropriate advice, if required, prior to any purchase
Third Party Services will be provided directly by Third Party Service providers, who will be responsible for their delivery
19. Price of goods and Services
The price for any goods or services that you purchase from us is as set out under the option you select and unless otherwise stated, all prices exclude VAT at the prevailing rate.
The total purchase price, including VAT, if any, will be displayed in your shopping cart prior to confirming the order.
We reserve the right periodically to update the prices on the Website, Mobile and Web Applications and to add to, amend, or withdraw the products and services that we offer, without prior notice. Every effort is made to ensure that the prices are correct, but in the event of serious error, any transaction shall be voidable by us and you would then be entitled to a full refund.
We shall not be liable to anyone for withdrawing or amending any of the products we sell, or for refusing or failing to process an order.
Third Party Service providers will be responsible for the pricing of their products and be subject to their own Terms and Conditions
Refunds cannot be given once the company formation request has been submitted. Should Companies House refuse the application, for whatever reason, MACH EMC2LTD will make every effort to refund the fee paid within 24 hours.
Other products and services available on our Mobile and Web Applications are provided by Third Party service providers and refunds will be subject to their terms and conditions. For certain services, including utility switching, you should note that there are no ‘cooling off’ periods and once you have entered into a contract you are contractually bound by the terms of that contract with the relevant supplier.
Proof of Identity
We may, under certain circumstances, require proof of identity. Failure to provide satisfactory proof of address and valid ID will result in termination of the service.