1. When these terms apply
- These terms and conditions relate to the use of any of our Services and apply if you have subscribed to our Services either directly on our website or via one of our Channel Partners, or if your Energy Supplier is installing a Labrador Retriever.
- Please read these terms carefully before using our Services. This is a contract between you and Labrador. You may cancel this contract within 14 days of this contract becoming effective simply by letting us know in writing (this is known as the ‘cooling off’ period). However, if we have started to provide the Switching Service that right to cancel will not apply, even if the period is still running.
- You should print or save a copy of these terms and conditions for future reference. If you do not agree to these terms, you must stop using our Services immediately.
- “Assessment” means the analysis we undertake to find you a better energy tariff using your actual recorded energy consumption, as described in more detail in Clause 3.4;
- “Channel Partner(s)” is a marketing partner through which Labrador markets its Services;
- “Customer” means the person who proposes to use our Services, otherwise referred to as “you”, “your” and “yours”;
- “Customer Account” means the account that will be opened for you by Labrador and which will allow you to visualise your Energy Console;
- “Energy Console” is a web based dashboard that you can access via any compatible web browser on any device which allows you to track your energy consumption. In certain cases it may carry the logo of your energy supplier with the words “Powered by Labrador” shown as well;
- “Energy Supplier” means a supplier of gas and/or electricity to homes in England, Scotland or Wales;
- “FAQ “means frequently asked questions as they appear on our Website from time to time;
- “In-Home Display” or “IHD” is a device offered to you by your Energy Supplier which may be connected to your Smart Meter when it is first installed and which shows you your energy usage and the cost of such usage;
- “Labrador” is Labrador Ltd., a company registered in England and Wales with company number 08489878, whose registered office is at 8 Greencoat Place London SW1P 1PL, otherwise referred to as “we”, “us, “our”;
- “Labrador Retriever” is a device that allows us to read and access your energy consumption directly from your Smart Meter;
- “Services” has the meaning given in Clause 3.1;
- “Smart Meter” is a gas or electricity meter which meets the government’s Smart Metering Technical Specifications (SMETS);
- “Switch” means the process of switching you from your existing energy tariff to a different energy tariff, which may also involve moving you to a new Energy Supplier;
- “Switching Service” the service of effecting Switches for you in accordance with these Terms;
- “Terms” means these terms and conditions, as may be updated from time to time.
- “Website” means www.thelabrador.co.uk
- “Writing” or “written” includes email.
3. Our Service
- The services and products that Labrador may provide to you pursuant to these Terms include (but are not limited to) the following:
- the provision of our Website and its use, access or browsing by you;
- the use of our Labrador Retriever;
- the use of your Customer Account;
- the access to our Energy Console via your Customer Account; and
- subject to Clause 3.7 the provision of a Switching Service that we may provide to you as set out herein;(together the “Services“)
- When you accept these Terms, we will open a Customer Account for you and provide you with the login details. The Customer Account is password protected and you should not share this with anybody else. The Customer Account allows you to access your Energy Console through any compatible web browser. Please note that you are responsible for any access made using your password or other user details. If we suspect abuse of your password, we may suspend access to our Services.
- We use the Labrador Retriever to read your Smart Meters and collect your electricity and gas usage as often as possible, generally every few seconds. This information is stored securely in our systems and summarised for you on our Energy Console. We may bring out additional features and enhancements to our Energy Console and these will be made available to you automatically.
- We aim to carry out regular Assessments to help you generate savings by effecting Switches. We shall effect the Switch automatically on your behalf, except where you notify us that you do not want us to effect Switches automatically and would prefer a recommendation. In that event we will provide you with a recommendation setting out our Assessment (which we may send by text message), and we shall process the relevant Switch once we have received confirmation from you that you wish to proceed with it. This will normally be done by clicking the “accept’’ option set out in our recommendation.
- In carrying out Assessments we may take into account any information we consider relevant, including your Smart Meter usage data, information provided by you on our Website, information regarding the Energy Suppliers which we may have access to from time to time, and any other information we may consider relevant.
- The Assessment we may make will be based on the tariffs available to us at the time. We are entitled to rely on this data when we make the Switch or recommend one. By definition, there may be other deals that become available after we have made the Assessment or which are not available to us, and Energy Suppliers may change or withdraw deals after the Assessment is made.
- We will normally provide you with all of the Services, however in certain cases we may be restricted by some Energy Suppliers from providing the Switching Service for a limited period of time, unless you contact us and ask us to provide the Switching Service.
- If the Labrador Retriever is not compatible with the Smart Meter installed at your home we shall be under no obligation to provide the Services.
4. Your consents
- By using our Services you are specifically providing the following consents to enable us to provide the Services:
- you consent to have a Labrador Retriever installed, either instead of or in addition to an IHD, save that if your Smart Meter only supports one such device you consent to have a Labrador Retriever installed. If you have a Labrador Retriever installed instead of an IHD, you hereby confirm that you have rejected the IHD;
- you consent to us obtaining, sharing and processing data from your Smart Meter via the Labrador Retriever at more frequent intervals than half hourly.
- Your Energy Supplier is entitled to rely on your consents provided under Clause 4.1 for the purposes of Conditions 40 and 41 of the Standard Conditions of the Electricity Supply Licence, Conditions 34 and 35 of the Standard Conditions of the Gas Supply Licence, and any other applicable regulatory obligations.
5. Our Appointment as your agent
- By using our Services you have appointed us as your agent as set out in this Clause, and we accept such appointment. If you do not wish to appoint us as your agent or wish to cancel our appointment you must inform us in writing at firstname.lastname@example.org. It may take 14 calendar days for this to take effect.
- By appointing us as your agent, you authorise us to:
- conduct Assessments and effect a Switch where appropriate;
- make such enquiries as we may deem necessary of you and/or third parties to ensure that a Switch is effected efficiently, including but not limited to:
- determining the technical specifications of your Smart Meter installation; who it was installed and/or financed by; and who your current Energy Supplier is; and
- accessing information about you that we consider may be relevant; contacting a new Energy Supplier on your behalf and passing such information about you to them and monitoring the status of the Switch;
- select a new Energy Supplier for you as described above and to set up an account with that entity for the supply of gas and/or electricity on your behalf, for which you will be solely contractually liable;
- make arrangements with your Energy Supplier to pair the Labrador Retriever with your Smart Meter(s);
- share your usage data with your Energy Supplier for the purposes of them providing their services to you; and
- make such enquiries and take such action as we may deem necessary to allow us to properly discharge our obligations to you pursuant to these Terms.
- When we make an Assessment as your agent, we will notify you of any decision we make in connection with the choice of a new energy tariff and will provide you with our reasons showing the usage upon which we base our energy comparison.
- Following a Switch you will have a 14 day ‘cooling-off’ period during which you will have the right to cancel the product or service application that we make on your behalf by contacting the relevant Energy Supplier. If you decide to cancel a Switch it is your responsibility to contact the Energy Supplier and request the cancellation. You must also inform us of your decision.
- In order to provide our Services, we may (in our absolute discretion) apply for products or services on your behalf. You acknowledge and agree that you (and not Labrador) remain the party to any such supply contract with the relevant supplier. This also means that you remain liable to pay for the relevant product or service and the arrangements relating to methods of payment.
6. Your Responsibilities under these Terms
- You confirm that you are 18 years of age or over and have an address in England, Scotland or Wales and are the person responsible for your energy bills.
- You will ensure that any information you provide us is true, accurate, complete and current. You should promptly advise us of any change to your details at email@example.com.
- You have obtained the consent from all other residents in your household to use our Services.
- You confirm that you have home broadband and that you are willing to permit our Labrador Retriever to be connected to it in order to share your energy usage data with us (just to let you know, it will use the equivalent of about 1 hour of web browsing a month, being 20MB and costs around £2.50 in electricity per year).
- You will install or allow for our Labrador Retriever to be installed in your home and keep it connected to your broadband at all times. If we become aware that it has been disconnected, we will promptly inform you of this, and require you to reconnect it. If you fail to comply with such an instruction, we shall be entitled to terminate the Services, and we may require you to return the Labrador Retriever, failing which we reserve the right to charge a fee of £50 plus VAT.
- You shall follow all reasonable instructions we give in relation to the installation and operation of the Labrador Retriever or to otherwise comply with these Terms.
- Other than where we are restricted from providing the Switching Service pursuant to Clause 3.7, you agree not to switch directly to an Energy Supplier yourself without first informing us at firstname.lastname@example.org. If you do switch directly, we reserve the right to request that you return the Labrador Retriever, failing which you will become liable to a fee of £50 (plus VAT).
- You confirm that you either have an electricity Smart Meter, both electricity and gas Smart Meters, or are agreeing to switch to an energy tariff that we or one of our Channel Partners promoted, which includes the installation of a Smart Meter.
- You agree to log on to your Customer Account as soon as possible after the Labrador Retriever has been installed.
- an aggregate and/ or analysis of your usage with our Channel Partner(s), as is required to compare products and services and identify those that best suit your needs;
- an aggregate and/ or analysis of your usage with your Energy Supplier, as may be required to assist them in providing energy to you and invoice you for it;
- in order to close your existing account with your current Energy Supplier and set up your account with your new Energy Supplier pursuant to our Services;
- maintain smart meter operation of your Smart Meters.
- You agree that you remain responsible for paying your Energy Supplier on such terms and conditions as may be specified by that Energy Supplier and that we have no responsibility whatsoever for any payments that may be due by you to your Energy Supplier;
- You shall ensure that all persons who access our Website through your internet connection and/ or who are residents of your household are aware of these Terms, and that they comply with them.
- You must inform us in writing if you move out of the place where the Labrador Retriever is installed. If the Labrador Retriever is marked as being the property of a third party (i.e. not Labrador), you must leave it in the place you are moving from, in which case we will arrange for the delivery a new Labrador Retriever to your new home. If there is no marking or if you purchased it yourself, please take it to your new home and contact us so that we can pair it with the Smart Meter there (as long as it is in England, Scotland or Wales). If there is no Smart Meter we will:
- work with the relevant Energy Supplier to arrange the installation of a Smart Meter; or
- Switch you to a new tariff that will include the installation of a Smart Meter.
- If you move out of the place in which the Labrador Retriever is installed, then these Terms will cease to apply to you unless you take the Labrador Retriever with you to your new home.
7. Use of our Service
- You may not use our Service, including our Website and/or the Labrador Retriever in the following manner:
- for anything other than private use;
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, copy, use or re-use any material which may be viewed as not being in the spirit of our Services and our values;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
- to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You may not:
- gain or attempt to gain unauthorised access to the Labrador Retriever (whether physical access or otherwise), our Website, the server on which our Website is stored or any server, computer or database connected to our site;
- attack or attempt to attack our Website and/ or device via a denial-of-service attack or a distributed denial-of service attack;
- copy, adapt, reverse engineer, decompile, disassemble or modify any aspect of our Service in whole or in part; or
- otherwise knowingly damage, interfere or disrupt our Service and/ or any part of it be it owned by us or a third party
- If you breach these Terms in a manner that gives rise to criminal proceedings, we will co-operate fully with the relevant authorities. In such circumstances we reserve all our legal rights to take such action as we see fit.
8. Our Rights
- We reserve the right to suspend or terminate part or all of the Service, including in order to:
- deal with faults, conduct maintenance or introduce new facilities or services;
- update the Website and/or our systems; and
- deal with unforeseen events and incidents beyond our reasonable control, which may include without limitation: lightning, flood, severe weather, fire, explosion, terrorist activities, or failure of public or private telecommunications networks and any acts of the UK Government or any devolved government, other competent authority, or industrial disputes.
- Unless you have purchased the Labrador Retriever, it will remain the property of Labrador or such third party that has contracted to acquire it from us or to finance it as part of your Smart Meter installation (and please see Clause 6.14 about what to do on moving).
- We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the materials on our Website may be out of date at any given time, and we are under no obligation to update such material.
- We reserve the right, from time to time, to change these Terms. The Terms that are applicable to your use of the Service will be the version that is displayed on our Web site at each date you access the Services. By continuing to use our Services after a change has been made to these Terms you are deemed to have agreed to such changes.
9. Our Liability
- The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy, though we will use reasonable endeavours to make it as accurate as possible. To the extent permitted by law, we hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by law;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time;
- any liability for other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to our Services.
- Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer product, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any material posted on our Website, or on any website linked to it.
- If your Labrador Retriever stops working, we may replace it free of charge. However, we are under no obligation to do so. If we send you a new Labrador Retriever, you are obliged to plug it in, in accordance with Clause 6.
- We are the owner or the licensee of all intellectual property rights in the Labrador Retriever, our Website and the Services. No right to use any of our intellectual property is granted save as strictly necessary to use the Services.
- We aim to provide you with an excellent service at all times. If you are unhappy with our Service for any reason, please contact us.
- We will aim to send you a formal acknowledgement of your complaint within 48 hours and to resolve it as soon as possible. After we have had an opportunity to investigate your concerns, we will issue you with a final response.
- If you aren’t satisfied with our response, we have voluntarily signed up to the Ombudsman Services’ Consumer Ombudsman Scheme and depending on the nature of your complaint, you may have the right to refer your case to them at:
we will advise you if such a right of referral applies to you. If you want to raise a formal dispute about any of our online services, you can also use the European Commission’s Online Dispute Resolution Portal at https://webgate.ec.europa.eu/odr.
- If you are unhappy with any product or service you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party. If you require their contact details, please contact us and we will be happy to assist if we can.
- If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and the validity and enforceability of the remaining provisions of these terms shall not be affected.
- We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
- The contract made under these Terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end our contract or make any changes to these Terms.
- No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.
- These Terms and your access to and use of our Services shall be governed by and interpreted in accordance with the laws of England and Wales.
- Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms and your access to and use of the Device and Website (including any claims or disputes)
- If you have any queries, please contact us at:
8 Greencoat Place
London SW1P 1PL
- If we have to contact you we will do so by telephone, by SMS text or by writing to you at the email address or postal address you provided when you registered on our Website.
These Terms and Conditions were last updated on 13/9/17