Troo User Agreement
(Last Updated: 22/6/2017)
PLEASE READ THESE TERMS CAREFULLY
THANK YOU FOR SUBSCRIBING TO THE TROO COST SERVICE (Troo). BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CLICK ACCEPT BUT THIS MEANS YOU WILL BE UNABLE TO USE TROO.
Please read these terms carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference.
By registering and using our Site, you confirm that you accept these terms and that you agree to comply with them.
Please note, you must be 18 or over to accept these terms and register for Troo. Troo is not available for domestic use.
1. Who We Are And What This Agreement Does
We are Costhaven Limited, a private limited company registered in England and Wales under company number 10293408. Our registered office is at Plane Tree Farm, Beamish, Stanley, England, DH9 0RL. Our VAT number is 250112367
We license you to use Troo and the data supplied with it (Troo) and any updates or supplements to it and the content we provide to you through it (Service) as permitted in these terms.
2. How You Can Use Troo
- As a User, you can register for and use Troo free of charge to identify Providers who may be able to provide utility services to you. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. In particular, our Site provides information about Providers, their products and services, as selected by Troo from time to time. Information about Providers on our Site is not intended to constitute advice in relation to investments, financial matters or otherwise.
- Before you can use Troo, you will also be asked to provide us with authority to contact your current provider via a Letter of Authority to request further information about you and your utility usage. Our template Letter of Authority can be found at: www.troocost.com
- Your Profile will be visible to Providers anonymously, who will be have the option to provide you with a quote for the provision of utility services (Bid). You will be informed by us once you receive a Bid and will be able to view all Bids made to you as ranked by Troo. Bids are not guaranteed for any fixed periods of time and may be amended or revoked by Providers at any time.
- The more information you can provide, the more accurately we will be able to identify suitable Providers for you and the more suitable any Bid is likely to be. You are solely responsible for the accuracy of any information you input into Troo. We cannot accept any responsibility for errors, omissions or inaccurate material available through our Services.
- All Bids are made based on the information you provide and any change to the information provided by you will affect the Bids you receive. The information on which any Bids are based will be displayed to you on the Site alongside any such Bids.
- You must have the permission of the people whose details you propose to use in requesting a Bid, before this information is provided. This applies to all information you provide.
- We only provide your contact details (name, address and telephone number / email address) to Providers once you confirm you accept a Bid. By accepting these terms you expressly and irrevocably agree that Troo may transfer all data it holds about you, including personal data, to any Provider whose Bid you accept.
- All Bid’s are provided on a no-obligation basis. No Bid by a Provider, or acceptance of a Bid by a User, shall be deemed to create binding legal relations between the Provider and the User. Any contract for services to be provided by the Provider to the User shall be made independently to the Troo service and at no time will there be a contract between you and Troo for the provision of the Provider’s services.
- If you choose to engage a particular Provider, you must negotiate the terms and conditions for the provision of services (including confirming price) with that Provider. We are not a party to this contract and merely provide the service to put customers and suppliers in direct contact. We are not, therefore, liable for any loss or damage, costs or claims that may arise between Users and Providers.
- No acceptance of a Bid will exempt a User from making further requests for Bids going forward. Users may continue to use Troo at any time.
- We will keep your details in our system and may contract you from time to time, for example when new utility providers are available on Troo or to remind you of a renewal date. If you do not wish us to use your information in this way please contact firstname.lastname@example.org
- We rank all Bids based on the yearly rate (or the equivalent yearly rate) offered by the Provider, as set out in their Bid.
- We do not recommend or endorse the service of any Provider and you must independently assess their suitability to provide any services. We are not responsible for the standard or quality of the service provided by any Provider.
4. Provider Complaints Process
Whilst we accept no liability or responsibility, if you are unhappy with the service or work of any Provider you can submit a report to us by emailing us at email@example.com. We may be able to assist you in liaising with a Provider regarding your complaints but we do not provide any guarantees on this and strongly suggest you complete due diligence and independent screening before formally engaging any Provider.
5. Accessing Our Site
- Our Site is made available free of charge.
- We do not guarantee that our Site, or any content on it including any individual function or feature, will always be available or be uninterrupted or error-free. In particular, the Site may be unavailable during periods when we are implementing upgrades or carrying out essential maintenance on the Site. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our Site, including without limitation your internet connection.
- Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these terms).
- Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate or available in other locations. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside the United Kingdom, you do so at your own risk.
6. Support for Troo and How To Tell Us About Technical Problems
- If you want to learn more about Troo or the Service or have any problems using them please take a look at the support pages of our Site or email us at: firstname.lastname@example.org.
- Contacting us (including with technical complaints). If you think Troo or the Services are faulty or misdescribed or wish to contact us for any other reason linked to performance of Troo please email our customer service team at email@example.com.
- How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
7. How You May Use Troo, Including How Many Devices You May Use It On
- In return for your agreeing to comply with these terms you may:
- view, use and display Troo and the Service; and
- receive and use any free supplementary software code or update of Troo incorporating “patches” and corrections of errors as we may provide to you.
8. Acceptable Use
- You may use our Site only for lawful purposes. You may not, and agree that you will not, use our Site:
- 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;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
- express or imply that we endorse any statement you make;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); 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 also agree:
- not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms;
- not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
9. Your Privacy
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Troo or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- We will share the information provided for your Profile with Providers so that they may provide you with a Bid to provide utility services as detailed about. We will only provide your personal data to a Provider if you accept their Bid.
10. Your Account and Password
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
11. You May Not Transfer Troo to Someone Else
- We are giving you personally the right to use Troo and the Service as set out above. You may not otherwise transfer Troo or the Service to someone else, whether for money, for anything else or for free.
12. Uploading Content to Our Site
- Whenever you make use of a feature that allows you to upload content to our Site or to make contact with other users of our Site, contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country from which they are posted;
- Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- You warrant that any such contribution does complies with the requirements of this clause 14, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
- We posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
- We have the right to remove any posting you make on our Site.
- The views expressed by other users on our Site do not represent our views or values.
- You are solely responsible for securing and backing up your content.
- We do not guarantee that our Site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
- You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our Site will cease immediately.
14. Linking to Our Site
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our Site in any website that is not owned by you.
- Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
- We reserve the right to withdraw linking permission without notice. If you do link to our Site you agree that you will disable and remove any such link promptly upon our request and will maintain the legal right and technical ability to do this.
- If you wish to make any use of content on our Site other than that set out above, please contact email@example.com.
15. We Are Not Responsible For Other Websites You Link To
- Troo or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
- You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
16. Changes to these Terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of any change by sending you an email with details of the change or notifying you of a change when you next access Troo.
17. Changes to our Site
We aim to ensure that the information on our Site is as accurate as possible and may update our Site from time to time; therefore the content on our Site may change at any time. However, we are under no obligation to update our Site and, as such, do not guarantee that our Site (or any content on it) will be free from errors or omissions. Therefore, please note that it is possible for any of the content on our Site to be out of date at any given time.
18. Update to Troo and Changes to the Service
From time to time we may automatically update Troo and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
19. We May Collect Technical Data About Your Device
By using Troo or any of the Services, you agree to us collecting and using technical information about the devices you use Troo on and related software, hardware and peripherals to improve our products and to provide any Services to you.
20. Licence Restrictions
- You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, Troo or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy Troo or Services, except as part of the normal use of Troo or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of Troo or our Services, nor permit Troo or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use Troo and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Troo or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile Troo to obtain the information necessary to create an independent program that can be operated with Troo or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
- is not used to create any software that is substantially similar in its expression to Troo;
- is kept secure;
- is used only for the Permitted Objective; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Troo or any Service.
- You agree that you will:
21. Intellectual Property Rights
- All intellectual property rights in Troo and the Services throughout the world belong to us (or our licensors) and the rights in Troo and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, Troo, or the Services other than the right to use them in accordance with these terms.
- We are the owner or the licensee of all intellectual property rights in our 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 our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
- 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 content on our Site must always be acknowledged.
- You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
22. Our Responsibility For Loss of Damage Suffered By You
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- We are not responsible to you for loss or damage arising out of your reliance on any content displayed on our Site. We are not responsible for such loss or damage, whether in contract, tory (including negligence), breach of statutory duty, or otherwise, even if foreseeable.
- 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 or for fraud or fraudulent misrepresentation. For the avoidance of doubt, a Provider is not a subcontractor.
- When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. If you are a business user we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage. If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Limitations to Troo and the Services. Troo and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Troo or the Service. Although we make reasonable efforts to update the information provided by Troo and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. If you are dissatisfied with Troo or the Services your sole and exclusive remedy shall be to discontinue use of Troo and the Services.
- Check that Troo and the Services are suitable for you. Troo and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of Troo and the Services (as described on our Site) meet your requirements.
- We are not responsible for events outside our control. If our provision of the Services or support for Troo or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
- We will not be liable for any loss or damage caused by a virus. We will not be responsible for such loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
23. We May End Your Rights to Use Troo and the Services If You Break These Terms
We may end your rights to use Troo and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
24. Assignment and Transfers
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 the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
25. No Rights For Third Parties
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement
26. If A Court Finds Part of this Contract Illegal The Rest Will Continue In Force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
28. Governing Law
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.
Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
30. Contact Us
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our Site.