By accessing and using the Utilitell website or by using the Utilitell tenancy-change service for letting agents, occasionally landlords and tenants you agree to be bound by the following terms and conditions (Terms):
- Utilitell is a trading name used by iammoving.com Limited ("IAM") (company registration number: 05655166) for the purpose of differentiating its change of address service offer for home movers from its change of address and supporting services for letting agents acting on behalf of and often in tandem with landlords (with respect to tenants who move from a rented property). The Utillitell website is operated by IAM and located at www.utilitell.com (the "Site").
- Reference to "us" or "we" shall refer to IAM. Reference in these Terms of Use to "you" or "the User" shall refer to the letting agents, landlords and the tenants engaged in the rental property market who may access, browse, register an interest or create an account, and / or otherwise use ("Use" or "Uses") with IAM. If you engage us to help with a move, your contract will be with IAM.
- By accessing, browsing, registering your interest or creating an account (whether it is you or on your behalf) and/or otherwise using the Site you confirm that you have read, understood, accept our Terms and that you agree to comply with them. If you do not agree with our Terms, you must not in any circumstances use the domain www.utilitell.com or otherwise use or interact with the Site or the IAM services. We recommend that you print a copy of these Terms for future reference. These Terms refer to our Privacy Policy and our Cookie Policy which also apply to your use of the Site. These Policies are incorporated by reference into this Agreement.
- Access to this Site is open only to letting agents, relevant landlords and such of their tenants each of whom has given their consent to allow their personal data being processed through this Site.
- You are authorised to use the Site in order to use the Services offered to you by IAM. These Services are:
- A platform to enable you to upload details of properties, including landlord details and tenancy change notifications containing names, addresses, telephone number and email addresses of such landlords and tenants who have given their consent to such personal data being processed on this Site.
- Our "tenant switching service" operates to enable new tenants to have their utility supplies switched to the cheapest suppliers.
- If you communicate to us that you do not wish for your tenants to be contacted to change from the incumbent standard tariff to a cheaper tariff, we will not do so without your express written consent and this option will be deactivated.
- We may revise our Terms from time to time and will post the most current version on our Site as soon as possible after the revised Terms become effective. Every time you wish to use the Site please check this page again to ensure you understand the Terms that apply at that time. By continuing to use the Site after the revisions come into effect, you agree to be bound by the revised Terms. We may also update and change the Site from time to time to, amongst other things, reflect changes to the Site’s content, or to our services, or to our users’ needs. We will try to give you reasonable notice of any major changes but IAM reserves the right to add to, change or delete its content or any part thereof without notice. Any third-party offer, price, incentive or availability information is subject to change without notice.
- The contents of this Site and all information and/or services contained on or accessed from this Site are provided to you on an "as is" basis, without warranties, express or implied, of any kind.
- IAM does not warrant that information contained on this site is accurate, complete or current. This site could contain typographical errors or technical inaccuracies. Additionally, this site may contain information provided by third parties, which includes, without limitation, the documents and software. IAM makes no representation or warranty regarding the accuracy or reliability of such information. IAM is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.
- IAM shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer systems or equipment, servers or software, including any injury or damage to your or any other person's computer as a result of using this Site.
- IAM will not be liable for any loss of profit, consequential or indirect loss, or claims of third parties howsoever caused or arising;
- Neither IAM nor any of its directors, employees or agents will be liable for any claims, loss or damage arising out of or in connection with the use of this site or any information, products, offers or services contained herein. In particular, IAM accepts no liability arising in any way from:
- the use or misuse (whether intentional or accidental) of the address change service, including any claims, loss or damage howsoever caused;
- any problems or technical malfunction of any telephone network or lines, computer systems or equipment, servers or software, including any injury or damage to your or any other persons computer as a result of using this Site
- a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Site linked to it
- the failure of transmission of address change information or the failure of any person or company to act upon such information;
- the use or misuse (whether intentional or accidental) of the Site or the services
- You agree to a wide but necessary range of use restrictions, namely that you shall not at any time (a) use (or try to use) the Site in violation of these Terms and applicable laws, (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit and/or make the Site available to any third party, (c) modify, adapt, hack the Site and/or gain (or, in each case, try to gain) unauthorised access to the Site and/or related systems, servers or networks, (d) falsely imply any sponsorship and/or association with us, (e) use the Site in any illegal way or for any illegal purpose, such as violation of any person’s rights including privacy rights, (f) use the Site to send unsolicited communications junk mail, spam, and/or other forms of duplicative and/or unsolicited messages, (g) use the Site to store and/or transmit any content that infringes any person’s rights including but not limited to IP rights, (h) use the Site in any way that could damage, disable, overburden, impair and/or compromise the Site and/or or security and/or interfere with other users and/or disrupt the integrity and/or performance of the Site and/or cause or give rise to any liability for IAM (i) use (or, in each case, try to do so) any other users’ accounts, (j) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, copy and/or otherwise access and/or discover the source code and/or underlying program of the Site, and/or the designs, functionality, features, processes and/or layouts of the Site, and/or the designs, functionality, features, processes and/or layouts of the Site, (k) use the Site to post, transmit, upload, link to, send and/or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software, (l) use the Site for the purposes of cookie tracking, ad exchanges, ad networks, and/or data brokerages in violation of applicable Laws, and/or (m) display, post, frame, and/or scrape the Site’s content for use on another web site, app, blog, product, platform and/or service, except as otherwise expressly permitted by these Term, (n) frame or scrape or in-line link to the Site and/or any content and/or make use of web crawler, spidering and/or other automated means to access, copy, index, process and/or store any content made available on and/or through the Site other than as expressly authorised by us, (o) circumvent (or try to do so) exclusionary protocols that may be used in connection with the Site, (p) access parts of the Site and/or content to which you are not authorised, and/or (q) use (or try to do so) the Site in a way that we consider in our absolute and sole discretion improper, unfair and/or unreasonable including (but not limited to) copying (in whole or in part) the Site (or any part of it), infringing any of IAM’s rights, title and/or interest in, in relation to and/or in connection with the Site (including but not limited to any of IP Rights or any similar rights and/or any rights that are licensed to IAM by any parties including any other third parties), downloading the content or extracts from it for purposes which we believe are not in accordance with how the Site should be used.
- You further agree to follow all applicable laws and regulations when using this Site. Your attention is specifically drawn to the principles relating to the obtaining, holding and processing of personal data contained in the Data Protection Act 2018 and Regulation EU 2016/679 the General Data Protection Regulation (the GDPR), in particular the requirements applicable to IAM or you as the case may be in relation to:
- the use or misuse (whether intentional or accidental) of the address change service, including any claims, loss or damage howsoever caused;
- the failure of transmission of address change information or the failure of any person or company to act upon such information;
- the use or misuse (whether intentional or accidental) of the user account facilities;
- the keeping of personal data accurate and up to date;
- not keeping data for longer than is necessary for that purpose or those purposes;
- the processing of personal data in accordance with the rights of data subjects under sections 44 to 54 of the DPA 2018;
- data security and the taking of appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
- not transferring personal data to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection of the rights and freedoms of data subjects in relation to the processing of personal data.
- IAM reserves the right to immediately terminate your access to and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which IAM, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms or any others from time to time issued or published by IAM.
- You agree to indemnify, and hold harmless IAM, its directors, employees, agents and affiliates against any claims, liability, demand, damage or loss, (including reasonable legal fees), arising out of or resulting from your breach of the Terms.
- IAM is the owner or the licensee of all intellectual property rights in this Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from this Site for your personal reference only.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on this Site must always be acknowledged.
- Nothing contained in the Site should be construed as granting any licence or right to use any trademark appearing on the Site without prior written permission of IAM or the relevant trademark owner.
- You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these terms, and that they comply with them.
- The data held on IAM’s host system is private property. Access to the data is only available for authorised users and purposes. Unauthorised entry and submitting false information contravenes the Computer Misuse Act 1990 and may incur criminal penalties as well as damages. We will report any such breach to the relevant law enforcement authorities and we will co- operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.
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These Terms shall be governed by and construed in accordance with English law and any claim or cause of action arising out of or relating to this Site or these Terms shall be subject to the exclusive jurisdiction of the English courts.
You instruct us to process the change notifications entered by the relevant letting agent, landlord or tenant using our lettings application.