Voltz End-User License Agreement
The following is the End-User License Agreement (“Agreement”) for the Voltz website and mobile phone application. Please read this document carefully before you use the Voltz website or mobile phone application.
By using the Voltz website or mobile phone application you accept this Agreement. If you do not accept the Agreement you must not use the Voltz website or mobile phone application.
This Agreement is made between you the customer ("Customer") and Simplify Digital Limited, Company Nr 6095563 registered in the UK at 1 Portal Way, London W3 6RS ("Voltz"), with a business address of Floor 5, Landmark House, London W6 9EJ; email: email@example.com;
Voltz (referred to in this document as "Us", "We" or "Simplify Digital") is a mobile phone application and website that lets you (the Customer) register your domestic energy supply details, alerts you to alternative energy offers by mobile phone and email alert and lets you switch to the Supplier of these offers. Voltz is owned and run by Simplify Digital Limited.
In this Agreement, unless the context otherwise requires:
"Alert" means the service that the Customer may register for on the Voltz website or mobile phone application which is designed to notify the Customer about, amongst other things, Supplier services, products and/or goods;
"Internet" means the global data network comprising interconnected networks using the TCP/IP ("Transmission Control Protocol/Internet Protocol");
"Law" means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which Voltz or the Customer is from time to time subject;
"Service" means the service provided by Voltz via the Voltz website or mobile phone application whereby the Customer may obtain information on the Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products;
"Software" means any proprietary software utilised by Voltz to enable the Customer to use the Service; "Supplier" means any Supplier of services, products and/or goods selected by Voltz from time to time and who is listed on the Voltz website or mobile phone application.
"Supplier" means any Supplier of services, products and/or goods selected by Voltz from time to time and who is listed on the Voltz website or mobile phone application.
Voltz reserves the right to amend this Agreement at any time. All amendments to the Agreement will be posted on-line. If you are using the mobile phone application you will be notified to changes in the Agreement in the Release Notes posted on the Google Play Store and the App Store.
Your continued use of the Service or the Voltz website or mobile phone application means that you have accepted any change in the Agreement.
2. CUSTOMER'S OBLIGATIONS
- The Customer shall not do anything that affects the integrity or security of the website or mobile phone application or causes or may cause harm, damage or unreasonable inconvenience to other users of this website or mobile phone application.
- The Customer must use the Voltz website and mobile phone application for legitimate personal use only. Any other use, including but not limited to, use by Supplier representatives for reasons other than their legitimate personal use and which are not expressly authorised by Voltz, shall constitute a breach of this End User License Agreement.
- The Customer acknowledges that the Customer will be required to fully and accurately complete a registration process, which will include amongst other things the creation of a password, in order to have access to Voltz and utilise the Alerts function.
- The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and Voltz shall have no responsibility for transmission of payments to a Supplier.
- The Customer acknowledges that the purpose of the Voltz Service is to receive up-to-date information Alerts about energy Suppliers and their offers and to facilitate switching transactions. It is a condition of use of this Service that the Customer provides Voltz with correct Customer contact details, including an email address that is valid and accessible to the Customer and a phone number which belongs to the Customer.
- It is the Customer’s responsibility to ensure that they are using the latest version of the Voltz mobile phone application and/or web browsers in order to avail themselves of the latest security standards and functionality enhancements.
- Suppliers will require details of the Customer's current energy supply and personal information (including name, supply address, contact information, identifying information and bank details) in order to process a switching transaction and the Customer hereby authorises Voltz to forward this information as part of a Customer’s switching transaction.
- The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform Voltz of any changes to such information by logging into the mobile phone application or website and providing the relevant updates.
- The Customer warrants that all information provided by the Customer on registration about person(s) other than the Customer is authorised to be disclosed by said person(s) and that the Customer is authorised to act as the agent for said person(s) for the purposes of transacting via the Service.
- Any password allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer and the Customer shall immediately change their password if they have reason to believe that an unauthorised third party has become aware of that password.
- The Customer shall take reasonable steps to prevent unauthorised access to their account via any computer or mobile device the Customer uses to access their account.
- The Customer warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
- The Customer acknowledges and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this End User License Agreement (EULA), and that, upon the Customer’s acceptance of the terms and conditions of the End User License Agreement Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the Customer as a third party beneficiary thereof.
- The Customer acknowledges that the EULA is concluded between Voltz and the Customer only, and not with Apple, and that Voltz, not Apple, are solely responsible for the Voltz Licensed Application and the content thereof.
3. VOLTZ RESPONSIBILITIES
- Voltz is solely responsible for the maintenance and support services with respect to the website and mobile phone application.
- Voltz will use reasonable endeavours to provide the Service and Alerts and to facilitate switching transactions. Voltz is entitled to rely on the accuracy and timeliness of Supplier data in providing the Service.
- Voltz will use reasonable endeavours to notify Customers of relevant security and functionality enhancements to the Voltz mobile phone application.
- Voltz is solely responsible for any product warranties to the extent not effectively disclaimed under Section 7. Should the mobile application not conform to any applicable warranty you may notify Apple and Apple will refund the purchase price for the Voltz mobile phone application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Voltz application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Voltz’s sole responsibility.
- Voltz is solely responsible for the investigation, settlement and discharge of any third party intellectual property infringement claim.
- Voltz acknowledges and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the Customer as a third party beneficiary thereof.
- Voltz acknowledges that the EULA is concluded between Voltz and the Customer only, and not with Apple, and that Voltz, not Apple, are solely responsible for the Voltz Licensed Application and the content thereof.
4. INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Voltz website or mobile phone application, information and content on the Voltz website or mobile phone application, any database operated by Voltz and Software shall remain the property of Voltz and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.
- No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.
- Voltz and the Voltz logo are registered trademarks of Simplify Digital. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of Voltz.
- Voltz grants the Customer a non-exclusive non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.
- Voltz shall be entitled to suspend the Services and/or terminate this Agreement if:
(i) the Customer commits a breach which in Voltz’s reasonable opinion is serious enough to merit immediate termination; or
(ii) 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
(iii) Voltz suspects on reasonable grounds that the Customer may have committed or be committing any fraud against Voltz or any Supplier.
- The right to terminate this Agreement shall not prejudice any other right or remedy of Voltz in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
6. CUSTOMER BREACH
- The Customer shall compensate Voltz in full for each loss, liability or cost incurred by Voltz arising out of:
(i) any claims or legal proceedings arising from the Customer's use of the Services or use of the Services through the Customer's password which are brought or threatened against Voltz by any other person; or
(ii) any breach of this Agreement by the Customer.
- These terms shall not prejudice any other right or remedy of Voltz in respect of any breach or any rights, obligations or liabilities accrued prior to termination. Voltz reserves the right to take action as appropriate, including denying Customer access to this website or mobile phone application, bringing legal proceedings against Customer and disclosing such information to appropriate legal and/or regulatory bodies.
7. LIMITATION OF LIABILITY
- Nothing in these terms and conditions limits or excludes the liability of Voltz for death or personal injury caused by Voltz's negligence or any other liability which may not be limited or excluded under applicable law.
- Voltz will use its reasonable endeavours to ensure that information provided to it by Suppliers is accu- rate but Voltz 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 Voltz website or mobile phone application, the Voltz call centre or otherwise through using the Service.
- You agree that Voltz 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:
(i) any use of the Service, the Voltz website or its contents;
(ii) any failure or delay in any component of the Voltz website, the mobile phone application, the provision of the Service, the provision of Alerts 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);
(iii) any use of or reliance upon any information, material, software, products or services obtained through the Voltz website, the Voltz call centre or otherwise through using the Service (including, without limitation, any information, material, software, products or services of any Suppliers); or
(iv) 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 Voltz has been forewarned of the possibility of such loss or damage.
8. DATA PROTECTION
9. NO PARTNERSHIP / AGENCY
- Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and Voltz and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
- The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. Voltz 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
11. FORCE MAJEURE
- Voltz 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).
12. ENTIRE AGREEMENT AND NO WAIVER
- This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.
- No waiver by Voltz of any future defaults, whether of a like or different character, no granting of time or other forbearance or indulgence by Voltz to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.
13. GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.
14. COMPLAINTS PROCEDURE
If your complaint is regarding a Supplier service that you have transacted via this website or mobile phone application, then you should complain directly to the relevant Supplier for supplying the product or service about which you wish to complain.
Voltz is not authorised to address complaints on behalf of a product or Supplier or accept responsibility for any such complaints. We recommend that you visit the website of the product or service provider and follow their complaints procedure if you wish to make a complaint against them.
What to do if you have a complaint against Voltz?
Voltz aim to provide a high level service to all our customers but occasionally things can go wrong. When this happens we will do what we can to put things right and assist you.
If you have a complaint about our service, please contact us through the ‘Contact Us’ sections on the website and mobile phone application.
Please include your name and address, a contact telephone number, your quote number and details of why you are unhappy. This will help us to respond to you as quickly as possible. If we do not have enough information to investigate your complaint we will try and contact you to ask for further details.
If we are unable to resolve your complaint by the close of business the next working day, we will send a written acknowledgement of your complaint to you within 5 working days of its receipt. In our acknowledgement we will advise you of the name and job title of the person who will be dealing with your complaint.
If after contacting us you are not satisfied please write to our Customer Relations Manager at the address shown below.
Please address your letter to:
Energy Customer Relations Manager
Simplify Digital 1 Riverside Manbre Road
London, W6 9WA
For the purposes of handling complaints our working day is 9am to 5pm Monday to Friday, excluding Bank Holidays.
Should you wish to use an alternative means of communication, we are happy on request to correspond with you by telephone or fax.
By the end of eight weeks after receipt of your original complaint letter we will send you a final response or a letter explaining why we are still not in a position to issue a final response and advising you of when we expect to be able to do so.
1. Who is the Data Controller?
Voltz is a trading name of Simplify Digital Limited.
The data controller is Simplify Digital Limited, a company registered at Companies House (with registered number 6095563) and having its registered office at 2 Temple Back East, Temple Quay, Bristol, BS1 6EG. Simplify Digital’s Data Controller registration number is Z1087926.
2. Your rights
We comply with and are registered under the data protection laws in the United Kingdom and take all reasonable steps to prevent any unauthorised access to your personal data.
You can see all the information we hold about you when you log into Voltz user account. It is your responsibility to change any information that is incorrect, out of date or no longer relevant to you.
You are entitled to see details of the information we hold about you if you no longer use Voltz. If any of the information held is inaccurate we will also make any necessary amendments and confirm to you that these have been made.
To do this, or to ask us us to remove personal information from our records please write to the Dat Protection Officer at:
Energy Data Protection Manager
5th Floor, Landmark House
Hammersmith Bridge Road
London, W6 9EJ
Please provide your full name, address, date of birth, mother’s maiden name and mobile phone number when contacting us. Alternatively, you can email us on firstname.lastname@example.org.
3. How will we use your data?
We will use your data for the following purposes:
To provide you with best tariff information alerts and quotes.
We will use the information provided to us by you to search the tariff information provided to us by energy Suppliers, to generate energy savings alerts and send these to you by mobile phone alert and/or email and to allow you to switch energy Supplier(s) at your property(ies).
We will also use your information when asked by an energy Supplier partner to help resolve a complaint or query that involves you.
To provide you with information about your energy usage.
We will include your information in statistical energy usage information to help you and other users of this service compare their personal energy usage against that of people in the same area and beyond. Any such information will be strictly anonymised. We may in future choose to write and publish research reports using this anonymous data.
We will use your information to provide you with a record of your transactions on our service, including your quote history and related activity. This information is collected and provided in order to help you keep track of your energy usage and expenditure and is not available to anyone else. We will not share this information with anyone.
To contact you when we need to or when we want to tell you something about your supply or about product and service improvements.
- We may occasionally need to use your information to call you or contact you in another way if we have an important message or question. This could be:
- When we find that somebody else is trying to register your property on our service
- When we think you may have moved out of the property you registered on our service
- When we want to alert you about a special energy-related service that may be of benefit to you, such as an collective purchasing energy auction scheme that may suit your particular energy profile
- When we suspect fraud
- When we need to collect information on the request of an energy Supplier and/or the energy markets regulator Ofgem and without which we cannot continue providing the service
- When there is a problem with an application of yours to switch energy Supplier and we need to talk to you in order to resolve the problem
- When we want to provide you with information about other goods and services we offer that we think you might benefit from, and that are similar to that you already purchased or enquired about
- When we want to measure and understand the effectiveness of advertising we serve to you and others, and to deliver relevent advertising to you
- When we want to collect information that can help us improve the quality of the service we provide to you
To send it to energy suppliers that you want to switch to.
Some energy suppliers will carry out checks with credit reference and fraud prevention agencies in order to process a switch application. The suppliers do not make these checks because you are using our service, and may make them if you submit an application to switch via any other source. These checks may include electoral roll and credit information.
Suppliers also pass data they hold on you to your previous energy Supplier(s) and other relevant industry bodies in order to take over your supply. Suppliers may also pass your details onto loyalty schemes as appropriate to the energy tariff you are switching to.
4. How long will we keep your data?
If you have not actively used our service for the last three years we will automatically deactivate your account. You will be notified of the deactivation and you will be able to reactivate your account should you wish to continue using our service. Unless you instruct us to permanently delete your information we keep records pertaining to our business, including the Supplier transactions you have made, so that we can service your account appropriately and to satisfy other business and legal obligations and needs that we have. Please refer to Section 7 for our rules on the permanent deletion of customer accounts.
5. What happens to your data when you deactivate your account or remove a property?
If you deactivate your account we will stop sending you alerts for all properties registered through your account. We will retain your information and we will continue to use any information that you have shared with us for statistical analysis purposes. We will also send your information to a Supplier that you have switched to in the past, if we are specifically requested to help in a billing dispute or similar customer service issue, as we are required to do. You will be able to reactivate your account by logging in and following the advised reactivation steps.
If you remove a property from your account, which you need to do if you move out of that property or are no longer responsible for the energy bills, we will stop sending alerts for that property and you will no longer be able to switch energy Supplier for that property. We will keep a record of that property in your account history for you to view and on our systems. We will also send your information to a Supplier if you have switched this property in the past and if we are specifically requested to help in a billing dispute or similar customer service issue. We will continue to send alerts for any other properties you may have registered and your account will continue to function as normal.
6. What happens to your data if you die?
It is our policy to completely deactivate the user account of a notified deceased person. This means that we will stop sending out any communications, including alerts, to the account. When we are notified of a deceased customer account close request, Voltz researches the request and permanently deactivates the deceased person's account. However, like most businesses, we keep records pertaining to our business so that we can satisfy other business and legal obligations that we have. Because of these requirements we cannot delete account information from our system until our business need for the information has expired after three years.
7. Permanent deletion of customer data
If you or us have deactivated your account you can request to permanently delete your account and all personal information we store UNLESS you have used our service to switch energy Supplier in the last three years in which case we need to retain your information in order to satisfy our business and legal require-ments. Note that the deletion of an account is permanent with no option for recovery.
8. Where is my data stored and how is it sent to my computer or mobile device?
All personal information is held on our secure servers, which are located on mainland Great Britain. By logging into your account you access this information and it is downloaded in an encrypted format to the mobile phone or the website. When you end a user session on Voltz by closing the browser window on your computer or by closing the mobile phone application all personal information is destroyed and will only become accessible after logging in again. Note that some web browsers have features to keep information entered in forms in memory. If you are concerned about such features we advise you to regularly delete your browsing history and to disable the automatic form filling feature offered by some browsers. Please refer to your browser’s Help facility for more information.
A cookie identifies your computer to a server that then enables information to be stored on the hard drive of your computer. Cookies allow a computer to be identified as corresponding to one that has accessed another website or visited a Site previously. Cookies are commonly used on the Internet and do not harm your computer system.
We may, from time to time use and serve cookies, pixel tags or action tags. Any information that is collected via cookies, pixels and action tags is completely anonymous.
- To allow you to log into your account without entering your user name and password. You can disable this feature by clicking the ‘logout’ link.
- Collating anonymous aggregated information that is used to manage and plan enhancements to our services.
We are continually looking to adopt and implement certain practices and technologies in order that we may improve your user experience.
10. Third parties
We work with third parties to research certain usage and activities on our website on our behalf. No person- al information about you is shared, however in the course of conducting this research these third parties may place a unique 'cookie' on your browser.
11. How can I stop cookies and what effect will this have?
You can stop cookies from being deployed on your computer by configuring your browser not to accept them or opt-out. Please refer to your browser's 'help' facility.
Please be aware that deleting certain cookies can result in difficulties when navigating around sites.
12. Third party websites
Refer A Friend Terms and Conditions
- Refer a friend through the Voltz app and we’ll reward you with one (1) Currys PC World eGift voucher worth GBB £10 the first time they switch energy supplier.
- Your friend must install the app from the link that you send him through the app, for the first time, and within 30 days of receiving the link. PLEASE NOTE: If your friend installs the app directly, ie by searching for Voltz on the Google Play store / App Store, then we are not able to track the installation of the app and are unable to reward you.
- Your voucher will be issued when your friend’s switch has completed successfully and we have been notified that the switch has gone live by the new supplier.
- Your voucher will be issued by email and sent to the email address that you used to register on Voltz.
- We actively monitor the Refer a Friend scheme for fraud. We do not send vouchers to customers who we believe have been acting fraudulently. We may also delete their account.
- No communications will be entered into.