General Conditions of Participation in Collective Purchase of Switch Together Heat Pump Schemes
Definitions and Interpretations used in these General Conditions
References to “we” or “us” mean iChoosr Ltd., a private limited liability company established at 58-59 Great Marlborough Street, London, W1F 7JY.
"Community Leader" means a co-organiser of the Collective Purchase scheme as mentioned at the top of the Site.
"Collective Purchase" means a reverse auction in which Installers bid to provide services to you (and other participants in the reverse auction) and in which you have the option of purchasing a turn-key key heat pump system (or other product/service) from the Installer that wins the auction.
"Participant" means a (legal) person, whose enrolment for Collective Purchase Schemes is confirmed by iChoosr.
"Installer" means an installer/supplier offering the product or service for Collective Purchase.
"Winning Bid" means the bid selected by iChoosr on the basis of what iChoosr considers to be the best deal based on your preferences.
Anything expressed to be in "writing" shall mean letter, email and fax correspondence and permissions indicated by electronic submission via the internet.
Introduction
- These General Conditions along with our Privacy Policy apply when you register on or use our website and affiliated websites including but not limited to the websites designed for Collective Purchase schemes organised by iChoosr (the "Sites"), as well as when you register through a Community Leader (i.e. council, council-appointed third party, union, housing association, charity, membership organisations, etc.) to take part in a Collective Purchase scheme. By accessing and using this Site as well as our paper-based service (offline service) you agree to be bound by and to act in accordance with these General Conditions and our Privacy Policy. If you do not agree to these General Conditions and our Privacy Policy, you are not permitted to access and use this Site or our offline service and you should cease such access and/or use immediately.
- We provide an independent online and offline (post-based) service, which enables you to participate in a reverse auction with Installers of air source heat pump systems and other products/services we may deem appropriate. This service is free for you to use. Nothing on this Site or in our written personal communication is, or shall be deemed to constitute a recommendation or endorsement by us in respect of any Installer, product or service referred to on this Site. While we take every care to provide you with accurate information, information on this Site as well as information sent to you by written personal communication is provided for general information purposes only, and should not be relied upon by you and is provided so that you can consider whether you are interested in entering into a direct contract with a Installer. The Installers taking part in the auctions will be making competing bids to offer their terms to eligible Participants.
- You should always check the suitability, adequacy and appropriateness of the product or service that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any product or service. If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service referred to on this Site or in our written personal communication, we suggest that you seek independent professional advice before you enter into a direct contract with a Installer.
Conditions of use by the Participant
- By registering on the Site, the Participant confirms that he/she has read and accepted the General Conditions and the Privacy Policy.
- Participant is the owner of the property in which the air source heat pump will be installed.
- The property in which the heat pump must be placed is located in the area where the Collective Purchase scheme takes place.
- Enrolment and registration on the Site and through council or council-appointed third parties is free. iChoosr reserves the right to refuse enrolments or remove registrations. Your enrolment or registration on the Site or through a council or council-appointed third party is not a guarantee that the Installer can provide you with an offer. Sometimes the Installers are unable to offer terms to all the Participants.
- The Participant must be at least 18 years old and live at an address, which can be verified by iChoosr; or is a company limited by shares or by guarantee.
- The Participant guarantees that the information provided by them is correct and, if changes are made to such information, the Participant will notify iChoosr in writing and if the winning Installer has already been made known to the Participant, to that Installer as well. If the Participant causes damage by providing incorrect information, this damage can be recovered.
- The Participant can be excluded by iChoosr from certain Collective Purchase schemes if, in iChoosr's reasonable opinion, the Participant provides insufficient or incorrect information for iChoosr to operate such Collective Purchase schemes in relation to the Participant.
- The Participant warrants that there are no facts or circumstances that prevent them from lawfully participating in any Collective Purchase schemes.
Limitation of Liability
- The products and services offered via this Site or through a council or council-appointed third party are not provided by us but are instead provided by third parties (the Installers) over whom we do not have control.
- The contractual relationship between you and the Installer is defined by the agreement between you and the Installer. It is your responsibility to satisfy yourself that you wish to obtain any product or service before entering into an agreement with an Installer and we strongly recommend that you read the agreement carefully before entering into an agreement with the Installer.
- iChoosr is not liable for the consequences of a contractual relationship between Participant and Installer that may arise from the Collective Purchase programs.
- Subject to Clause 16 below, we are not responsible or liable for any loss or damage you may suffer or incur in connection with any product or service you obtain after using this Site or through a council or council-appointed third party for any acts, omissions, errors or defaults of any third party in connection with that product or service.
- Nothing in these General Conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation.
- In view of the (technical) characteristics specific to the internet, telephony and post, it is not possible to exclude an interruption of access to the Site, an interruption in the accessibility of the helpdesk, a defect in the server of iChoosr or in general a delay in the transmission of information, due to maintenance, or a defect. The Participant cannot derive any (legal) rights from this.
- iChoosr cannot be held liable for any defect, loss or damage relating to intrusion into its computer system, or to the presence of a virus, or faults, which may affect certain functions of the Site.
Force Majeure/Act of God
- If as a consequence of facts and circumstances beyond its control (Force Majeure/Act of God), or not attributable to it, iChoosr is hindered from completing part or all of its activities, it has the right to suspend execution of them.
- Force Majeure/Act of God is understood to mean all external causes that are reasonably unforeseen and as a result of which iChoosr is unable to fulfil its obligations toward the Participant. This includes, but is not limited to, disruptions in the connection to the internet, disruptions in the telecommunications infrastructure, strikes, fire and other business disruptions.
Privacy
- We are committed to protecting your privacy and we treat your privacy very seriously. Please see our Privacy Statement to understand how we use the personal data you provide to us on this Site or through a council or council-appointed third party.
General Clauses
22. These General Conditions and any disputes arising out of or in connection with them are subject to English law.
23. iChoosr reserves the right to amend these General Conditions. Amendments enter into effect 24 hours after they have been published on the Site .
24. Complaints about the conclusion and/or execution of the contract between the Participant and the Installer can be reported in writing to iChoosr by the injured party. iChoosr will resolve the complaint to the best of its knowledge and may exclude the causer from participating in subsequent Collective Purchase schemes.
25. If one or a few provisions of these General Conditions are declared null and void in law or, for whatever reason, should otherwise prove to be ineffective, the validity and force of the other provisions of these General Terms and Conditions will not be affected.
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