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Terms & Conditions

Terms & Conditions

To be able to provide you with our App services we automatically collect data from your Smart Meter, including data that your Smart Meter records every second and we collect from time to time.

We may contact you by email or SMS about goods and services which we feel may be of interest to you, or that are similar to the services we currently provide to you.

By downloading our App and accepting our App Terms you are opting in, and giving your consent to allow us to record and use every second data and to contact you for marketing purposes.

MY UTILITA PORTAL TERMS AND CONDITIONS

1. WHO WE ARE

We are Utilita Energy Limited, of Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB, a limited company registered in England and Wales under company registration number 04849181 with VAT number 823818422 (“Utilita”). “We”, “Our” or “Us” shall be construed as references to Utilita.

2. OUR TERMS

2.1 These portal terms of use (“Portal Terms”) govern your use of our portal (“Portal”) which allows you to view and manage certain aspects of your account with us including the option to pay your bills, top-up and manage charges on your account via our payment system used to facilitate online payments (“Payment System”).

2.2 By using the Portal, you acknowledge that you have read, understood and agree to be bound by the Portal Terms.

2.3 If you do not accept these Portal Terms, do not use the Portal. If you continue to access the Portal, you will be deemed to have accepted the Portal Terms.

2.4 If you have any questions about the Portal Terms, please contact us by email at marketing@utilita.co.uk.

2.5 We recommend that you print a copy of these Portal Terms for future reference.

3. OTHER TERMS THAT MAY APPLY TO YOU

3.1 Our Portal Terms supplement and should be read in conjunction with the following additional terms, which also apply to your use of our Portal:

  3.1.1 our Standard Terms (utilita.co.uk/terms), which are the main Utilita terms and conditions that govern the provision of the supply of gas and/or electricity (“Services”) to your premises (applicable to residential customers);

  3.1.2 our Website Terms & Conditions (utilita.co.uk/terms), which sets out, among other things, the permitted uses and prohibited uses of our website. When using our website (and Portal) you must comply with these terms;

  3.1.3 our Privacy Information Notice (utilita.co.uk/privacy-notice), which details how we process your personal data;

  3.1.4 our Cookie Policy (utilita.co.uk/help/cookie-policy) which sets out information about the cookies on our website.

3.2 Any terms defined in the Standard Terms shall have the same meaning when used in the Portal Terms unless we have specifically amended the meaning otherwise.

3.3 In the event of any conflict between the Portal Terms and the Standard Terms, the Standard Terms will apply.

4. ACCESS TO THE PORTAL

4.1 Access to the Portal is free of charge and permitted on a temporary basis only.

4.2 You can access the Portal by either:

  4.2.1 creating an account using the sign in method which requires your email address and a password (“Login Credentials”) for the purposes of viewing and managing certain aspects of your account with us. You will be required to register and match your customer reference number with the postcode linked to the primary account holder’s account; or

  4.2.2 using the guest payment function for the purposes of making payments towards your gas and/or electricity bill (without the need to sign in or register an account).

4.3 We cannot guarantee that the functions contained in, or the material made available on, the Portal will be continuous, uninterrupted or error free. There will be times when we will be required to interrupt your access to the Portal to carry out routine maintenance, repairs or upgrades on a regular basis or in circumstances beyond our control. We will not be liable if, for any reason, the Portal is unavailable at any time for any period.

4.4 You are responsible for ensuring that all persons who access the Portal through your internet connection are aware of these Portal Terms and other applicable terms and conditions, and that they comply with them.

5. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

5.1 When signing into the Portal, you are responsible for keeping your Login Credentials secure and confidential.

5.2 If you know or suspect that anyone other than you knows your Login Credentials or has access to your account, you must promptly notify us by contacting a member of our Customer Services Team by emailing customerservices@utilita.co.uk or calling 0345 207 2000. The conditions relating to payment instructions set out in the Standard Terms apply in relation to our Portal

6. LICENSE OF THE UTILITA PORTAL

6.1 We are the owner or licensor of all intellectual property rights in our Portal and the materials published on it and we reserve all our rights.

6.2 The Portal and the content featured on our Portal are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to us and our licensors.

6.3 The Utilita name and logo and any other Utilita trademarks, service marks, graphics and logos used in connection with the Portal are trademarks of Utilita (together, the “Utilita Trademarks”). Except where agreed otherwise in these Portal Terms, the Utilita Trademarks may not be copied, imitated or used, in whole or in part, without prior written permission of Utilita.

6.4 We grant you a limited, non-transferrable, non-exclusive and revocable licence to access and use our Portal for the purposes of viewing and managing your account with us, including the ability for you and/or guests to make payments towards your bill. This licence is granted to you for your personal, non-commercial use only.

6.5 You are solely responsible for securing and backing up your content.

6.6 Using our Portal includes accessing the functionality contained in our Portal via an internet browser or other device.

7.YOUR USE OF THE PORTAL

7.1 Our Portal allows you to view and manage aspects of your account with us, including but not limited to:

  7.1.1 allowing you to pay your bills and manage charges on your account via the online Payment System; and

  7.1.2 allowing you to make towards a bill without signing in or registering an account; and

  7.1.3 allowing you to generate e-cards that will allow you to top-up; and

  7.1.4 giving you the option of asking for a credit top-up facility (as explained in more detail here: utilita.co.uk/help/my-utilita). (“ Power Up ”). Please note that Power Up is only available to you if you sign-in to the Portal.

7.2 You must be over 16 years of age to access and use our Portal.

7.3 You must own or have permission from the owner of a device to access and use our Portal.

7.4 Where you are using our Portal for the benefit of the primary account holder, you must do so with their full knowledge and consent. If you are not the primary account holder, you must have the account owner's permission before you access the account, make a Power Up request or pay any bills.

7.5 You are responsible for the accuracy of the meter readings entered onto our Portal. Please take care when entering any meter readings to ensure that you have entered the values correctly.

7.6 The information on our Portal is an estimate only and therefore may differ from the actual balance of your Smart Meter (an electricity and/or gas meter, together with associated communications equipment including an In-Home Display known as a “Smart Meter”) shown on your In-Home Display (your display equipment connected to your Smart Meter which automatically informs you and us how much gas and/or electricity you use in real-time, known as your “In-Home Display”), or the information on your account. If you are not sure of your account balance, please contact a member of our Customer Services Team by emailing customerservices@utilita.co.uk or calling 0345 207 2000. You are responsible for paying for your energy on time. We are not responsible if you fail to do so.

7.7 You understand that you will need to be connected to the internet to access and use our Portal and to receive real-time notifications about your account, energy usage and available credit (these are known as push notifications). You acknowledge you may be charged by a third party, including your mobile network provider, for the internet connection you use to access our Portal. For example: roaming charges if you are using our Portal abroad.

7.8 You must have the device bill payer's permission before incurring these charges. If you lose your internet connection whilst accessing our Portal, you may not be able to continue accessing it, transactions may be interrupted and the information you see on our Portal may not be accurate or up to date.

7.9 If you are not the device bill payer for the device being used to access our Portal, you will be assumed to have received permission from the bill payer.

7.10 We are not responsible for any of our Portal functionality not being available because you do not have an internet connection or any available data allowance on your device.

7.11 We are not responsible for any failure or delay in managing a payment due to your failure to maintain the internet connection, battery of the device or other connection issue. Your energy supply may be interrupted if you do not make top-ups or other payments to your account in good time.

7.12 We are committed to ensuring that our Portal is as useful and efficient as possible, but this Portal does not replace your In-Home Display.

7.13 You acknowledge and accept that to be able to provide you with our Services, we automatically collect data from your Smart Meter, including any data that your Smart Meter records half-hourly and that we collect from time to time.

7.14 Please note that we can only use your Smart Meter half-hourly data with your consent. By accepting the Portal Terms and using our Portal, you consent to us collecting and using this data.

7.15 You may withdraw your consent to our collecting and using half-hourly data by contacting our Customer Services Team by email on customerservices@utilita.co.uk or by calling 0345 207 2000. However, if you withdraw your consent you will not be able to use our Portal.

7.16 You can find out more information about our Services, how you can pay any outstanding charges, how the Payment System operates, and how you can manage your account with us by reading our Standard Terms or viewing our Codes of Practice (utilita.co.uk/help/codes-of-practice) which provides guidance and information sheets which explain the provision of the Services in more detail.

8. USING THE POWER UP FUNCTIONALITY

8.1 Where you meet the criteria, you can apply for a Power Up through our Portal which can be applied to your account as a top-up, the amount of which can be variable. The value of this energy is then repaid as a debt to us from your future top-up payments at the agreed rates until the Power Up is repaid in full. Please see our website utilita.co.uk/help/my-utilita for more information and please note Power Up is only available when you sign in to the Portal

8.2 Please note that we also offer:

  8.2.1 extra credit on prepayment meters (“Emergency Credit”) in the event you run out of pre-paid credit as explained in more detail here: utilita.co.uk/help/about-prepayment-meters; and

  8.2.2 a ‘no disconnect’ mode that the prepayment meters can enter into to ensure you do not lose supply, even if Emergency Credit has not been activated or it has expired (“Friendly Credit Hours”) as explained in more detail here: About Prepayment Meters | Help | Utilita Energy.

  These enable your supply to continue whilst you arrange a normal payment to top-up the credit on your meter. However, if you use these facilities and still run out of credit, you must repay them and get into credit by at least £1 to get back on supply.

8.3 It is recommended that you make use of the Emergency Credit and Friendly Credit Hours before you apply for a Power Up to ensure that you satisfy any outstanding credit you have used prior to going back on supply and to avoid you needing to repay any energy used under a Power Up application as a debt from your future top-up payments.

8.4 If you are experiencing difficulties in paying for your energy, please contact our Customer Services Team by emailing customerservices@utilita.co.uk or calling 0345 207 2000. We have a number of procedures in place to support those with short term, or longer-term payment difficulties. Please see our “Difficulties Paying” Code of Practice for more information. Alternatively, please visit our “Know Your Rights” section on our website, available here: utilita.co.uk/help/know-your-rights.

9. USING THE PAYMENT SYSTEM

9.1 Our Portal currently offers an online payment function via the Payment System. The performance and functionality of the Payment System may vary.

9.2 We do not guarantee that the Payment System, or any content on it, will be free from errors or that the service will always be available and uninterrupted.

9.3 We may suspend or change all or any part of Payment System without notice and which may restrict your ability to make a payment. It is your responsibility to allow sufficient time to make an alternative payment when topping up your account. We are not responsible for any losses or charges incurred by you as a result of the unavailability of Payment System.

9.4 You must not abuse or fraudulently use the Payment System, or any of the functionality within our Portal.

9.5 You must take care to use the correct account and payment details when inputting information into our Portal and/or the Payment System.

10. RESTRICTIONS

10.1 Except as expressly set out in the Portal Terms, you must not:

  10.1.1 copy our Portal except where it is necessary for the purpose of backing-up of your device; and

  10.1.2 use our Portal for business purposes or to generate income; and

  10.1.3 use our Portal in an unlawful manner, for an unlawful purpose or in a way that is inconsistent with the Portal Terms; and

  10.1.4 infringe our intellectual property rights, or the intellectual property rights of any third parties in relation to your use of our Portal; and

  10.1.5 transmit any information that is defamatory, offensive or objectionable in relation to your use of our Portal; and

  10.1.6 use our Portal in a way that could damage or compromise our systems or security, or that could interfere with other users; and

  10.1.7 collect or harvest any information or data from our Portal or our systems or attempt to decipher any transmissions to or from the servers running our Portal; and

  10.1.8 abuse or use our Portal for any fraudulent activity for your own or any other persons benefit.

10.2 If you do any of the above, we will take immediate action to remove your right to access and use our Portal.

11. PORTAL SUPPORT

11.1 If you are having difficulties accessing our Portal or if you would like to speak to someone about your account, please contact our Customer Services Team by emailing customerservices@utilita.co.uk or calling 0345 207 2000.

11.2 If we need to contact you, we will do so by email, by SMS or by push message using the contact details you have provided to us. If you do not want us to contact you electronically, please tell our Customer Services Team by emailing customerservices@utilita.co.uk or calling 0345 207 2000 who will update your account preferences. It is important that you keep us updated with any changes to your contact details.

12. YOUR PRIVACY

12.1 We explain what personal data we collect and what we use it for in our Privacy Information Notice. The following, additional terms apply when using our Portal and online services.

12.2 Your Smart Meter will automatically record data about your energy usage and send the data to us which helps us to provide our Services to you and allows you to use our Portal. The collection of data may happen once a day or at different intervals. Your bills are calculated using information about your usage collected from your Smart Meter(s). If we cannot access data from the Smart Meters, we may need to estimate your usage.

12.3 When you use the Payment System, you agree that we may retain relevant payment information and share this with third parties to enable the payments to be processed securely. If you register with the Payment System, they will hold your details so that you do not need to re-enter details each time you use the functionality.

12.4 Our Portal uses two types of cookies (an XSS cookie and a session cookie). A cookie is a small file of letters and numbers that we put onto your device. The session cookies support your use of our Portal whilst logged in and enables you to use our Portal’s functionality. We also use "analytical cookies" which give us important information about our Portal usage to help us to continue to improve our Portal.

12.5 When we collect your energy usage data to provide our Services, we will create a profile of your premises. This profile will be used to give you tailored energy efficiency advice, inform you which household appliances are using the most energy and give you access to a history and/or pattern of energy usage of your premises.

13. THIRD PARTY WEBSITES

13.1 Our Portal may contain links to other third-party websites (“Third-Party Websites”) for your information only. We do not have any control over the content of these Third-Party Websites.

13.2 We are not responsible for the contents of any linked Third-Party Websites, or any changes or updates to such Third-Party Websites. You hereby agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted on any Third-Party Websites, including defamatory, offensive or illicit material, nor shall we be responsible or liable for any losses caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such linked Third-Party Websites.

13.3 Any links on our Portal to Third-Party Websites should not be construed as an endorsement, support, approval or recommendation by us of the owners or operators of those Third-Party Websites, or of any information, graphics, materials, statements, comments, opinions, products, or services referred to or contained on those Third-Party Websites, unless and to the extent stipulated to the contrary.

13.4 You agree to release us from any claims or disputes that may come from your use or access to any Third-Party Websites.

14. YOUR SECURITY

14.1 Whilst we encrypt data, internet transmissions are never completely private or secure, and any information you send using our Portal may be read or intercepted by others.

14.2 Whilst we take reasonable precautions, we do not guarantee that our Portal, the Payment System or any other services are free from viruses, and we recommend that you protect your own device using anti-virus software.

14.3 Our Portal gives you access to your account and the Payment System, therefore you must keep your device secure. We recommend that you close our Portal when you are not using it.

15. WHAT WE CAN DO IF YOU DO NOT FOLLOW THE PORTAL TERMS

15.1 If you do not comply with the Portal Terms, we may stop you from accessing and using our Portal. We will tell you in advance if this happens, unless it is an emergency.

15.2 If we stop you from accessing and using our Portal, you must immediately stop accessing our Portal and destroy any copies that you have. We may ask you to confirm that you have done this in writing.

16. OUR LIABILITY TO YOU

16.1 We do not limit our liability to you for death or personal injury arising out of our negligence or fraudulent misrepresentation.

16.2 Our Portal and all the information contained herein (including, without limitation, names, images, pictures, logos, icons, information and material regarding or relating to any Utilita or Utilita group company products or services) is provided without any representation, endorsement, warranty or guarantee of any kind, express or implied (by law or otherwise).

16.3 We are only responsible for foreseeable loss or damage that is caused by our failure to comply with the Portal Terms, or where we do not use reasonable skill and care. If you suffer loss as a result of our failure under the Portal Terms, our total aggregate liability to you for all claims is limited to £10,000 for any one event or series of connected events in any 12-month period.

16.4 We are not responsible for unforeseeable losses, or any other loss or damage that you may incur which is not an obvious consequence of our failure, or where the failure is due to circumstances that are beyond our reasonable control. We are not responsible for any indirect, special or consequential losses you may suffer, including but not limited to any business losses or disruption to business activities carried out at your premises. If you hand your device to any of our personnel whilst we are providing our services, we are not liable for any accidental loss or damage they may cause unless such damage is wilfully caused.

16.5 We are not responsible to you for any loss or damage that you may incur, including without limitation, if:

  16.5.1 our Portal or any communication via our Portal (such as SMS or email communications) is unavailable or contains errors; or

  16.5.2 you are unable to access our Portal because of any third-party service provider (such as any mobile phone operator, internet provider or engineer); or

  16.5.3 you provide or input incorrect or inaccurate information required for the use of the Payment System (such as providing the incorrect energy reference account number or payment details).

17. CHANGES AND VARIATIONS

17.1 Our Portal is currently provided free of charge, but we may need to introduce a charge for our Portal, or some of its services. If we do introduce any charges for using our Portal, we will notify you in advance so that you have enough time to decide if you wish to continue using our Portal.

17.2 Sometimes we need to vary the Portal Terms to reflect changes in the law or best practice. Please check the Portal Terms every time you use our Portal to make sure you fully understand the terms and conditions that apply. Where possible, we will let you know about any changes in a reasonable time before they take effect. If the change is to your benefit, we may make the change and tell you afterwards.

17.3 We will let you know when any new functionality becomes available as part of any update to our Portal. Any updates or upgrades we offer will be subject to the Portal Terms.

17.4 We may decide to stop providing our Portal. Accordingly, we may cancel without giving notice to you. However, where possible, we will let you know about any decision to cancel in a reasonable time before it takes effect.

18. GENERAL

18.1 If any provision of these Portal Terms is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

18.2 Our Portal Terms shall be governed by the laws of England and Wales and disputes arising shall be dealt with by the English courts. If the address of your premises is in Scotland, your statutory rights are not affected.