Snugg Terms of Use

General

These Terms and Conditions apply to the services provided by Arniston Ltd trading as Snugg which may help homeowners to improve the energy efficiency of their home in the United Kingdom (the “Services”). By using any of our Services you agree to be bound by the following Terms and Conditions (the “Terms”).

The Services will be operated by Arniston Ltd a company registered in Scotland with company number SC707743 and whose registered address is 47 Potterrow Edinburgh Scotland EH8 9BT (“Snugg” “we” or “our”).

In order to use the Services you must:

• Be eighteen (18) years old;
• Agree to the Terms;
• Provide accurate and true information in relation to you and your home.

Registration and Your Account

In order to use certain elements of the Services you may need to register with Snugg and create an account using your email address and a secure password.

You are responsible for making sure that your password and any other account details are kept secure and confidential.

If we have reason to believe there is likely to be a breach of security or misuse of the Services through your account or the use of your password we may notify you and require you to change your password or we may suspend or terminate your account.

Provision of the Services

The Services provided by Snugg are intended to help you:

• Identify and implement suitable energy efficiency improvements for your home;
• Identify your potential suitability for government grants to assist with the implementation of energy efficiency measures in your home;
• Identify potentially suitable mortgage providers and/or providers of unsecured credit;
• Obtain estimate installation quotes for energy efficiency measures;
• Understand your home’s energy consumption and the impact of energy efficiency measures on your home’s energy consumption;

The accuracy of the information and recommendations provided by Snugg are wholly dependent on you providing Snugg with correct and accurate information. If you need to correct any inaccurate information provided in error you can do this within your account provided you have signed up for an account with Snugg.

The information recommendations and estimates provided by Snugg are for general information and assistance only. You may require to take further steps including obtaining a home survey to further assess the suitability and eligibility of any suggested energy efficiency improvements or measures grants mortgage providers or lenders.

Where we obtain data relating to your home from third party sources we cannot guarantee the accuracy of that information.

In the event you make a decision based upon any of the information and recommendations provided as part of Snugg’s Services this is at your sole risk and responsibility and Snugg shall not be liable for any reliance placed on such information or recommendations.

Snugg uses and processes your personal information in accordance with Snugg’s Privacy Policy. By using the Services you consent to Snugg processing your data in the manner set out in the Privacy Policy.

Charges

Snugg’s Services are provided to you free of charge. However Snugg may receive payment from other service providers Snugg is working with such as without limitation your bank utility providers installers and surveyors in the event you choose to proceed with any steps or measures relating to Snugg’s Services.

For more information in respect of Snugg’s interaction with 3rd parties please see clause 8 of the Terms.

Use Restrictions

When using our Services you must not:

• Use the Services for unlawful fraudulent or malicious activities;
• Use the Services to send any defamatory offensive or otherwise objectionable material;
• Disassemble or attempt to reverse engineer Snugg’s software except as permitted by law;
• Attempt to hack or insert malicious code into Snugg’s software;
• Use the Services in a manner which could damage disable overburden impair or compromise Snugg’s systems or security or interfere with other user’s experience of the Services;

Any breach of the conditions listed above by you may result in immediate suspension of your account and Snugg reserves the right to prevent your access to the Services.

Intellectual Property Rights

The intellectual property rights in the Services and in any text images video audio or other content software or other information or material submitted to or accessible from Snugg’s website are owned by us and our licensors. Other than as required to use the Services nothing in these Terms shall be deemed to transfer any right title or interest in or to Snugg’s intellectual property rights.

Smart Meter Access

Where applicable with your consent n3rgy data service (https://www.n3rgy.com/) is used by Snugg to interface with the national smart meter systems in order to collect store manage and share with Snugg your smart meter data. This service uses and complies with the Smart Energy Code (https://smartenergycodecompany.co.uk/) and is provided by N3RGY LIMITED incorporated and registered in England and Wales with company number 11203504 whose registered office is at 4 Ovington Drive Fleet United Kingdom GU51 1DF

Where you have provided your consent the following information will be requested from your smart meter on a monthly or more frequent basis:

• Energy consumption & generation information for both gas and electricity if available.
• Energy tariff information containing information on the price you are paying for the energy you consume.
• The number location and type of smart meter you have installed in your home.

Please refer to N3rgy’s privacy policy here and terms and conditions here for further information on how your data is processed by N3rgy and the service is provided.

Broker Terms

Snugg is authorised and regulated by the Financial Conduct Authority under firm reference number 999500. Our registered address is 47 Potterrow Edinburgh Scotland EH8 9BT.

We are a credit broker and not a lender. To assist you with financing your home improvements we can introduce you to a limited number of lenders and utility companies. We are not an independent financial advisor; we will provide details of products available but no advice or recommendation will be made. You must decide whether any particular finance product is right for you. We do not charge you a fee for our services.

If we introduce you to a lender or to a utility company for the provision of credit we will typically receive commission from them. The commission received may be a fixed percentage of the amount you borrow or it may be a fixed fee. This means that the commission we receive may vary depending on the amount you borrow and the term that the loan is borrowed over. This may also mean that the more you borrow the more we are paid. The amount of commission we receive and your credit profile may impact the amounts you pay under your credit agreement.

We will not receive commission if we refer you to your existing mortgage provider for the purpose of varying your existing mortgage contract.

We will use your data in accordance with our Privacy Policy which is available on our website. A written copy of the Privacy Notice is also available upon request.

Termination

Snugg shall be entitled to terminate or suspend the Services at any time without prior written notice.

Limitation of Liability

Snugg will exercise all reasonable skill and care in providing the Services however elements of Snugg’s performance of the Services are dependent upon third parties for which Snugg is unable to guarantee the performance of or accept any responsibility for in the event they fail to provide accurate information or deliver information without delay.

Snugg shall use reasonable endeavours to ensure the accuracy of estimates or prices provided to you as part of Snugg’s Services however Snugg does not warrant the accuracy of the information it provides and excludes all liability in respect of the appropriateness completeness fitness for purpose or legality of any of the information provided to you as part of the Services.

Subject to 10.4 in all cases Snugg’s liability to you is limited to £100.

Nothing in these Terms shall restrict or limit a parties liability for death or injury caused by its negligence.

Third Party Rights

Except as expressly provided the provisions of these Terms are personal to you and are not intended to confer any rights of enforcement on any other third party. The Contract (Third Party Rights) (Scotland) Act 2017 shall not apply to this Contract or to any of its provisions other than clause 6.2.

Events Beyond Our Control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

Our Data Sharing Arrangements and Exercising Your Data Subject Rights

Snugg’s partnerships will see us sharing data with select organisations in order to provide a seamless service personalise our tools and communications obtain feedback and gain insights on how to improve our offerings. By indicating your assent to these Terms you consent to such data sharing.

All such sharing will be in line with applicable data protection legislation and associated regulations; it shall be reasonable and proportionate and subject to appropriate safeguards.

Where Snugg has entered into data sharing agreements with partner organisations you are entitled to exercise your data rights in relation to that with either party (i.e. with the data controller of your choice). We do however suggest taking forward data subject rights requests with the lead contact point for that arrangement; where you have assented to Snugg’s Terms this would be Snugg via privacy@snugg.com.

Please see Snugg’s Privacy Notice for details of how to exercise your data protection rights and how to raise concerns with us or the supervisory authority.

Changes to These Terms

Snugg reserves the right to cancel or amend the Services and/or the Terms at any time without prior notice. Any changes will be communicated via Snugg’s website.

Transfer of Rights and Obligations

These Terms are binding on you Snugg and on each parties’ respective successors and assigns.

Snugg may transfer assign charge sub-contract or otherwise dispose of these Terms and Conditions or any rights or obligations arising under them at any times without your consent.

Complaints Procedure

If you think something has gone wrong or wish to contact Snugg for any other reason you can write to Snugg at Snugg The Bayes Centre 47 Potterrow Edinburgh EH8 9BT or email Snugg at hello@snugg.com.

If you would like to know how we handle complaints please ask for a copy of our complaints handling procedure. You can also find information about referring a complaint to the Financial Ombudsman Service (FOS) at www.financial-ombudsman.org.uk.

Entire Agreement

The provisions of these Terms and Snugg’s Privacy Policy set out the full extent of Snugg’s obligations and liabilities concerning the provision of the Services and supersede any previous agreements between you and Snugg.

Governing Law and Jurisdiction

These Terms are governed by Scots law. You and Snugg agree to submit to the exclusive jurisdiction of the Scottish Courts.