Terms & Conditions : AA Member Offer

The AA works with ‘Flipper’, its energy tech partner, to continually switch your energy tariff so you’re always on the best available deal. There's no financial incentive for the AA. To enable the service to work you need to agree to Flipper’s terms and conditions.

Flipper Terms

The following sets out the terms and conditions (which we refer to as the ‘’Terms’’ below) that you and Flipper Limited (which we refer to as ‘’us’’ in these Terms) agree to be legally bound by in connection with the Services or when you are visiting the Website.

Why you should read these Terms

Please read these Terms carefully before you ask us to provide the Services to you. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the legally binding contract between us, what to do if there is a problem and other important information, including how the Terms may be automatically renewed.

We want the following Terms and the Privacy Terms (which we refer to below) to be as easy to understand as possible so if there is anything you do not understand or if you think there is a mistake in the Terms, please contact us.

How to contact us

You can contact us by emailing us at support@theAA.flippercommunity.com or writing to the following postal address 5 Glenwood Avenue, London, NW9 7PL.

These Terms are important so please print out and keep a copy for your records.

Meaning of Words used in these Terms

The following sets out the terms and conditions (which we refer to as the ‘’Terms’’ below) that you and Flipper Limited (which we refer to as “we” or ‘’us’’ in these Terms) agree to be legally bound by in connection with the Services or when you are visiting the Website.

Flipper

means Flipper Limited which is a private limited company incorporated in England and Wales with company registration number 09660304 and with its

Website

means www.theAA.flippercommunity.com

Privacy Policy

means the document which sets out the terms and conditions relating to how we look after your personal information and which can be found at Privacy Policy.

Service

means the provision of an independent online service that manages the products or services you receive from third party suppliers and switches the supplier of such product or service in line with your specifications and our determination of the best deal for you.

“Writing” includes emails

When we use the words “words” or “written” in these Terms, this includes emails.

Please read these Terms carefully before you ask us to provide the Services to you. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the legally binding contract between us, what to do if there is a problem and other important information, including how the Terms may be automatically renewed.

We want the following Terms and the Privacy Terms (which we refer to below) to be as easy to understand as possible so if there is anything you do not understand or if you think there is a mistake in the Terms, please contact us.

1. Our Contract with You

By visiting the Website and / or submitting your details via the Website and clicking the acceptance button on the Website in connection with the Service you agree to be bound by and to act in accordance with these Terms and the Privacy Policy.

If you do not agree to these Terms or our Privacy Policy, you are not permitted to access and use the Service and you should cease such access and / or use immediately and we may take any action to prevent your access and / or use.

2. Appointment of Flipper
The Service

By completing the relevant forms on the Website you are appointing Flipper to provide you with the Service for 12 (twelve) months).

Renewal

The AA will contact you at the end of the 12 month period of service and explain the options available to you for continuing the service..

Acting as Your Agent

To allow us to provide the Service you appoint us as your agent and this means that Flipper is permitted to act on your behalf to create legal relationships with third parties or access information held with by third parties regarding your affairs.

As your agent in connection with the Services we will have the following powers:

  • (a) to select an energy provider for you;
  • (b) to apply to suppliers for services in your name (including telephoning them on your behalf);
  • (c) to access information about you which is held at third parties; and
  • (d) any other powers that we may reasonably require in order to provide the Services.

Your appointment of Flipper to provide the Service and to act as your agent will continue until it ends in accordance with these Terms.

3. Our Service
How we will provide the Services

We will tell you at the time you apply for the Service when and how you can end the contract.

We will supply the Services to you until the Services are completed or you end the contract as described in these Terms or we end the contract by written notice to you as described in these Terms.

Assessment

We will carry out regular assessments of suppliers in the energy market to determine the products or services which are the most suitable for you in relation to the information you supply us about your needs and preferences.

Switch

When appropriate, from time to time, we will switch the product or service that you receive to one which we determine to be the most suitable for you as determined by the assessment described above.

We will inform you of any decision we make to switch by email or another agreed method of communication.  At the same time, we will give you our reasons for making the switch and  the details of the switch.

We attempt to include all available offers and analyse the market in finding the most suitable offer for you. However, we cannot guarantee that offers may exist that we have been unable to identify, for example, without limitation, those not advertised or not made widely available to the public.

Cooling-off

You will be able to cancel any switch that we make on your behalf as part of the Service within the relevant cooling-off period by contacting the relevant supplier.  As part of the Service we will notify you of how you can contact the supplier we have switched you to.

What we do not do

The Service does not include:

  • any payments you must make to third party suppliers;
  • sending any messages on your behalf to third party suppliers, except as may be required to apply for products and services, or the receipt and notification to you of any messages received from third party suppliers; or
  • acting as your energy supplier.
We only sell to the UK

Our Website is solely for the promotion of our services in the UK.  This means that we do not accept any application for our services from addresses outside of the UK.

4. No Fees or Commission from Suppliers

We do not receive any form of fee, commission or incentive of any kind from any third party product or service provider in connection with our Service.

5. Responsibility for Third Parties

We are not responsible for the acts or omissions of any third party, including without limitation, the acts or omissions of energy suppliers.

6. Your Responsibility
Suitability

Whilst our Service is tailored to individual preferences and circumstances and our decisions are made according to the details provided to us by you or by third parties it remains your responsibility to ensure suitability, adequacy and appropriateness of the product or service that is chosen for you.

If you are in any doubt as to the suitability, adequacy or appropriateness of any product or service chosen through this Service, you should seek independent professional advice.

Contracts with Third Parties

By submitting your details to us, you will be making offers to obtain the relevant products or services from  third parties that we select on your behalf that depending on their terms and conditions may be accepted or rejected. The contract for the product or service will only be concluded once your offer has been accepted. You will receive confirmation when your offer has been accepted.

If you obtain any product or service through our Service you will be contracting with a third party who will be providing that product or service to you on their own terms and conditions. It is your responsibility to ensure that you understand and agree with those terms and conditions.

You agree not to apply independently to any energy provider while using our Service.

If you decide to cancel a choice we have made it is your responsibility to contact the supplier and request the cancellation. You must also inform us of your decision.

Accuracy and Use of Information

You must check and ensure that all information, content, material or data you provide on this Website is correct, complete, accurate and not misleading and that you disclose all relevant facts.

Before you obtain any product or service from a third party, you must check all of the information, content, material or data held by the third party about you to ensure it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in the information, content, material or data held by the third party about you before you obtain any product or service. Failure to do so could invalidate the product or service provided by the third party.

You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person's details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.

Passwords etc.

You may complete a registration process as part of your use of this Website and our Service which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone.

7. Availability of Service & Website

We aim to provide uninterrupted access to the Website and Service but we give no warranty as to the uninterrupted availability. We reserve the right to suspend, restrict or terminate your access to the Website and our Service at any time.

We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this Website and without notice from time to time.

8. Submission & Use of Information

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to us through the Services, you are licensing that content to us for the purpose of providing the Services.

We may use and store the information that you provide us above in accordance with this Agreement and our Privacy Statement.

You confirm that you are entitled to submit it to us for use in connection with this Agreement, without any obligation by us to pay any fees or be subject to any restrictions or limitations.

When you use the Services, you will be directly connected to the website for the third party you have identified. We will submit information including usernames and passwords that you provide to log into the Website. You hereby authorise and permit us to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information.

9. Permitted use

You are only permitted to access and use the Website and Service for your personal, non-commercial purposes, meaning the Website may only be accessed and used directly by a private individual or by a business to seek a product or service directly for that individual or business and on their own behalf. Access to and use of the Website and our Service other than for your personal, non-commercial purposes is strictly prohibited.

You are not permitted to use the Website or our Service:

  • in any unlawful, fraudulent or commercial manner;
  • to harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person's privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us;
  • to create, check, confirm, update, modify or amend your own or another person's databases, records or directories;
  • to tamper with, modify, reverse engineer or amend any part of this Website;
  • in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as is reasonably determined by us;
  • using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system;
  • you may operate a link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to this Website in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to immediately remove any link to this Website at any time and we may withdraw any linking permission at any time.
10. Intellectual property rights

The copyright in the information, content, material or data displayed on this Website or contained in our Services belongs to us or our licensors. You may temporarily print, copy, download or store extracts of information, content, material or data displayed on this Website for your own personal use, subject to the following conditions:

  • it may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, re-utilised or reproduced without our prior written consent;
  • you may not use any automated software, process, program or system, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system;
  • it may not be sold or transferred to any third party;
  • the copy must retain any copyright or other intellectual property notices contained in the original material;
  • images displayed on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective owner(s);
  • no logos, trademarks or service marks displayed on this Website may be printed or downloaded, except as part of the text of which they form part;
  • you must not modify the paper or digital copies of such information, content, material or data;
  • it may not be excerpted, utilised, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent;
  • the status of us and our licensors as the authors of such information, content, material or data must be acknowledged;
  • all intellectual property rights including, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website and our Service (including information, content, material or data displayed on it or relayed through the Service) belong to us or our licensors and all such rights are reserved.

Except as set out elsewhere in these Terms, none of the intellectual property rights belonging to us or our licensors in and relating to the Website our Service (including information, content, material or data displayed on it) may be used, copied, modified, published, extracted, utilised, transmitted, displayed, sold, excerpted, reverse engineered, made available, reproduced, reformatted or distributed by you without our prior written consent.

11. Limitation of Flipper’s Liability to You

You should read the following terms very carefully as they set out our liability to you.

Liability with is not excluded

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for our fraud, or excludes or limits our mandatory duties or liability under English law.

Validity

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.

No guarantee of data

We are not able to guarantee that the data, material and information we use to provide the Service is accurate or that there are no errors or omissions in the data, material and information.

We do not monitor, verify or endorse data, material and information submitted or provided by third parties, which is used to provide our Service and you should be aware that such information may be inaccurate, incomplete or out of date. We are not responsible for any data, material or information used to provide our Service, which has been provided by third parties.

Liability for Website

We do not give any warranty that the Website or our Service is free from viruses or anything else, which may have a harmful effect on any technology. We are not responsible for any losses or damages arising from an inability to access the Website or our Service, from any use of the Website or from reliance on the data transmitted using the Website where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet.

We are responsible to you for foreseeable loss and damage cause 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 this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.  Loss of damage is foreseeable is either it is obvious that it will happen or if, at the time this contract was made, both we and you know it might happen.

Losses caused by a third party

We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions applying to any contract entered into by you (even where we have acted as your agent) with any third party in relation to any product or service or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.

We are not liable for business losses

If you use the Services for any commercial or business purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Delay

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.

12. What to do if you are not happy

Our aim is at all times to provide you with an excellent service. If you are unhappy with our service for any reason, please contact our Customer Services Team by email to support@theAA.flippercommunity.com or by writing to: Flipper Limited (The AA Offer), 45 Notting Hill Gate, London, W11 3LQ

We will aim to resolve your complaint within 48 hours. If we are not able to do so, we will provide you with an acknowledgement. After we have had an opportunity to investigate your concerns, we will issue you with a final response.

13. Privacy

We are committed to protecting your privacy and we treat your privacy very seriously. We process information about you in line with our Privacy Policy. By using the Website, you agree to the way in which we process and deal with your personal information.

We may disclose your personal information or access your account if required to do so by law, any court, the Financial Conduct Authority, or any other applicable regulatory, compliance, Governmental or law enforcement agency.

How we may use your personal information – We will use the personal information you provide to us:

  • to supply the Services to you;
  • to process your payment for the Services; and
  • if you agree to this during the order process, to inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.

14. Your User Information & Password

Please let us know if any of your user details change, particularly your email address and mobile phone number. If you do not do this, we will not be able to deliver any alerts to you. We will send all further alerts to the new address provided.

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address.

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your user name, allows you to access the Service. If you become aware of any unauthorised use of your user information, you agree to notify us immediately in accordance with these Terms.

15. Use of third party websites

You are solely responsible for any use of these third party websites and for any decision to obtain or refrain from obtaining any of the products or services available on such third party websites.

Any links to third party websites are provided for your interest and convenience only. Without limiting our responsibility to provide you with the Service which is set out in these Terms, we do not endorse, recommend or accept responsibility for such third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise).

Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy will be different from these Terms and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any third party website before using that website.

We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy.

Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Website do not represent our views, opinions, advice or assistance and are not checked, monitored, reviewed, verified or endorsed by us. We do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions advice or assistance.

You act or refrain from acting on any third party's views, opinions, advice or assistance at your sole risk and sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.

16. Miscellaneous

Validity

If any provision of these Terms 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.

Entire Agreement

These Terms and the Privacy Policy, together with the acts of our duly authorised agents and statements on our website regarding the benefits of the service, constitute the extent of the agreement between you and us relating to your access to and use of the Website and our Service, and supersedes prior Terms.

Delay

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.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation, provided that this would not materially impact the Service.

You can not transfer your rights to someone else

This contract is personal to you and you cannot transfer it to another person.

Nobody else has any rights under these Terms

These Terms are a legally binding agreement between you and us.  No other person shall any rights to enforce any of the provisions set out in these Terms.

17. Your rights to end the contract

You can always end your contract with us

Your rights when you end these Terms will depend on the Service you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

  • If what you have bought is faulty or mis-described you may have a legal right to end the contract or to get the service re-performed or to get some or all of your money back;
  • If you want to end the contract because of something that we have done or told you we are going to do, see below;
  • If you have changed your mind about the service, see below; and
  • In all other cases (if we are not at fault and there is not right to change your mind), see below.

Ending the contract because of something we have done or going to do

If you are ending these Terms for the reasons set out below, the legally binding agreement we have will end immediately and we will refund you in full for any services which have not been provided and you may be entitled to compensation.  The reasons are:

  • we have told you about an upcoming change to the services or these Terms which you do not agree to;
  • we have told you about an error in the price or description of the Services you have applied for and you do not wish to proceed;
  • there is a risk that our ability to supply the Services you have contracted for may not be available to you for events outside of our control;
  • we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three months; or
  • you have a legal right to end the contract because of something that we have done wrong.

Exercising your right to change your mind (Consumer Contracts Regulations 2013)

For most products and service bought online you have a legal right to change your mind within 14 days and receive a refund.

Loss of Right to Change Your Mind

In these Terms you request us to provide you with immediate performance of the Services (as soon as we have accepted you as a customer) at the time of entering into these Terms and on each renewal for the Services.  This means, in each case, that you will lose your right to change your mind referred to above in respect of the Services.  You expressly acknowledge this loss of right to change your mind in accepting these Terms.

Ending the contract where we are not at fault and there is no right to change your mind

If you do not have any other rights to end the legally binding agreement between us, you can still contact us before it is completed and tell us you want to end it.

The legally binding agreement between us will not end until three months after the day on which you contact us.

18. How to end the agreement with us (including if you have changed your mind)

Tell us you want to end the agreement

To end the legally binding agreement with us, please let us know by doing one of the following:

  • Email us at support@theAA.flippercommunity.com. Please provide your name, home address, and where available your phone number and email address.

19. Our Rights to End the Agreement

We may end the legally binding agreement between us if you break it.  We may end the agreement for the provision of the Service at any time by writing to you if:

  • You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.

20. Modification

The amended Terms will be effective from the date they are posted on the Website. We will notify our customers of changes in these Terms which may be amended from time to time and should be checked by visiting the Website.

21. Governing law

These Terms and your access to and use of this Website shall be governed by and interpreted in accordance with English law.

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 this Website (including any claims or disputes).