Terms & Conditions

1. General Terms and Conditions

1.1 Electricity and gas prices are supplied for domestic purposes only at standard rates;

1.2 M&S Energy is available on a dual-fuel or all-electric basis, i.e. no mains gas (such as Economy 7, E10, THTC and Superdeal);

1.3 No extra cost is charged for electricity generated from renewable sources;

1.4 Only direct debit and quarterly credit payment methods apply;

1.5 No minimum term or exit penalties apply to M&S Energy;

1.6 Customers agree to receive regular M&S Energy information on energy efficiency, environmental updates and offers on energy and energy services;

1.7 M&S Energy is not available in conjunction with other domestic energy products. (These Terms and Conditions are in addition to The General Terms and Conditions – Supply of electricity and/or gas and shall apply for as long as you’re on the M&S Energy tariff. Termination of the M&S Energy tariff, by either you or us, will not affect the validity of any M&S vouchers you’ve been provided with prior to the date of termination.);

1.8 The definitions and explanations in section 1 of your General Terms and Conditions for the Supply of Electricity and/or Gas will also apply in these Conditions;

1.9 SSE Energy Supply Limited, trading as SSE, Southern Electric, Scottish Hydro and SWALEC (SSE) reserves the right to change M&S Energy offers, Terms and Conditions at any time.

1.10 M&S Energy is unavailable in the Channel Islands, Isle of Man, Northern Ireland and Ireland.

2. Hydro Electricity

2.1 SSE will match the aggregate annual consumption of electricity by M&S Energy Customers with the equivalent amount of electricity generated from large-scale hydro sources.

3. Energy Reduction Awards

3.1 M&S Energy Customers will receive an award for achieving a reduction of 10% or more in their energy consumption over any 12 month period;

3.2 The award of £30 of M&S vouchers will be made when the combined level of electricity and gas usage in one full year is at least 10% less than that measured in the preceding measurement period. A measurement period is 12 months and starts with a meter reading and ends with a meter reading;

3.3 The Customer must provide an opening meter reading within 2 weeks of the M&S Energy supply start date to activate the first energy reduction measurement period;

3.4 SSE will take a meter reading at the end of the measurement period to finalise the measurement period and calculate the energy reduction. SSE will use standard industry bases (Estimated Annual Consumption for electricity and Annual Quantity for gas) supplied for the profile of energy consumption at specific properties where it does not have a full year’s consumption history on which to base the first year’s reduction calculation;

3.5 M&S Energy Customers who qualify for an Energy Reduction Award will receive their M&S vouchers automatically from SSE and do not have to claim their award. Due to the variation in meter reading cycles, SSE aim to issue Energy Reduction Awards within 3 months of the end of any measurement period to qualifying Customers;

3.6 Awards to electricity-only Customers will be £30 of M&S vouchers for those that heat their homes with electricity, £15 of M&S vouchers for those that do not, and £30 M&S vouchers for dual fuel Customers;

3.7 If Customers move home in the middle of a measurement period, the measurement period will be deemed to be cancelled and a new measurement period commences when the Customer starts on the M&S Energy tariff at the new address (subject to application).

4. Joining Awards

4.1 Customers will qualify for an award of £10 of M&S vouchers in respect of a qualifying M&S Energy Contract for electricity and £20 of M&S vouchers for dual fuel. The award becomes payable from the supply start date which will be provided to the Customer following the completed registration of their application. The transfer to M&S Energy can take up to 5 weeks from application. SSE will send the award vouchers to Customers with their M&S Energy welcome pack at this time;

4.2 If you cancel your M&S Energy contract and subsequently sign up again, you will not receive another Joining Award.

5. Paperless Billing Award

5.1 Where an M&S Energy Customer requests paperless billing an award of £10 of vouchers applies for dual fuel Customers and Customers who heat their homes with electricity. This award is reduced to £5 of M&S vouchers for electricity only Customers that do not heat their homes with electricity;

5.2 Customers can apply for paperless billing at the point of sale or at any time after they have been issued with a supply start date for M&S Energy. They can register at the appropriate regional website:- www.hydro.co.uk (Scotland), www.southern-electric.co.uk (England), www.swalec.co.uk (Wales). The award will be issued to the Customer within 21 days of successful registration;

5.3 If you cancel paperless billing and subsequently sign up again, you will not receive another Paperless Billing Award.

6. Loyalty Awards

6.1 M&S Energy Customers will qualify for a Loyalty Award on, or about the anniversary of each full year that they have completed as an M&S Energy Customer. The awards will be as follows: Electricity-only £5 M&S vouchers, Dual Fuel £10 M&S vouchers. Due to the variation in meter reading cycles, the awards will be issued to qualifying Customers within 12 weeks of their anniversary.

SSE Supply Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE SUPPLY OF ELECTRICITY AND/OR GAS

The terms and conditions below along with the additional terms and conditions within your welcome pack, shall form the contract between you and SSE Energy Supply Limited for M&S Energy.

For the supply of electricity by SSE Energy Supply Limited (trading as "Scottish Hydro", "Southern Electric" or "SWALEC") and/or gas by Southern Electric Gas Limited (trading as "Scottish Hydro Gas", "Southern Electric Gas" or "SWALEC Gas") to domestic premises.

1. Definitions & Explanation

1.1Please refer to this section for our definitions and explanations of terms used throughout this document.
"Address": the address(es) you want your Energy supplied to;
"Agreement": the application you’ve either signed or agreed on the telephone; these terms and conditions; and any list of current charges;
"Charges": charges for the supply of Energy as detailed in the list of current charges as amended from time to time;
"Electricity Distributor": the licensed operator of the distribution system through which electricity is supplied to you;
"Energy": means gas and/or electricity;
"Equipment": meters, pipes, electrical plant, electric lines and all other apparatus at the Address to deliver, measure and control Energy;
"Gas Transporter": the licensed operator of the transportation network through which gas is transported to you;
"OFGEM": means the Office of Gas and Electricity Markets (or any other competent successor body or authority);
"our": belonging to SSE Energy Supply Limited or Southern Electric Gas Limited;
"Start Date": means the date(s) that we tell you (in advance) that the supply of Energy will start or as soon as possible thereafter;
"Unit": means a kilowatt hour (for gas kilowatt hours supplied will be calculated in accordance with section 12(1) of the Gas Act);
"we" and "us": SSE Energy Supply Limited for electricity and Southern Electric Gas Limited for gas and/or our permitted successors and assignees;
"you": you, the customer with whom we’ve entered into this Agreement. (Includes other users at the Address.)

1.2 The headings in this Agreement are for your guidance only so do not affect the interpretation.

2. Energy

2.1 We’ll supply Energy to the Address from the Start Date until termination if:
(a) we have authorisation under the Electricity Act 1989
(as amended) ("Electricity Act") and/or the Gas Act 1986
(as amended) ("Gas Act");
(b) we agree to accept you as our customer under this Agreement; and
(c) the transfer of your supply(ies) to us are successfully completed.

2.2 If the Address is connected to an independent gas transporter’s network we may vary the terms and conditions including the price for the supply of gas.

2.3 You’ll allow your Electricity Distributor and/or Gas Transporter, gas shipper or any other person nominated by us, access to the Address, at all reasonable times and at any time in an emergency. This is so they can inspect, install, operate, calibrate, replace, maintain, repair, renew, remove and disconnect Equipment for any purpose under this Agreement (including taking readings).

2.4 You’re responsible for making sure the Equipment is protected, maintained in good working order and kept in safe condition. You must let us know immediately if the Equipment gets interfered with or damaged.

3. Change of Supplier

3.1 If we take over the supply of Energy to your Address, you shall:
(a) authorise us to cancel your existing agreement(s) with your present supplier on your behalf;
(b) allow us to ask for information about your previous supply and disclose this information to relevant parties in order to carry out our responsibilities; and
(c) (in the case of Energy supply) will give us Energy meter readings at the Start Date or allow us to obtain one.

4. Price and Payment

4.1 The price you pay for Energy is based on the number of Units used and a standing charge where appropriate. You must pay VAT and any other taxes or duties at the applicable rate.

4.2 If you’re a dual fuel customer (electricity and gas) and you move your electricity to another supplier but we continue to supply you with gas, we may charge you our gas only price, which could be higher than the dual fuel gas price.

4.3 Meter readings will normally be assumed to be correct. Where we believe the meter readings are inaccurate or they’re not available we’ll make a reasonable estimate and send you a bill.

4.4 We’ll send you regular bills and/or statements which will separately identify the Charges payable. You must pay these in full and part payment won’t release you from your obligation.

4.5 If any payments are late we may charge you (i) interest at the rate of 4% per annum above the current Bank of England base rate and (ii) reasonable costs of trying to recover overdue payments.

4.6 If we’ve been at fault by either significantly underestimating the amount of Energy you use or by not sending you bills we will only charge you for Energy you’ve used in the twelve months immediately before we discovered the mistake

4.7 If you choose to dispute any amount then you must pay the undisputed amount, and once the dispute is settled, pay any amount that is still owed.

4.8 If you pay us without telling us which Charges the payment is for, we’ll pay the Charges in the order in which they became due; and credit your account with any balance.

4.9 If you don’t provide or you withdraw a direct debit instruction we may bill you quarterly and alter your Charges accordingly.

4.10 If you make an appointment and cannot keep it, you must let us know, by midday the day before, or we may charge you for the appointment.

4.11 If you dispute the accuracy of any Energy meter and if it is tested at your request and found to be sufficiently accurate under the Electricity and/or Gas Act(s) you must pay the cost of the test. However if the Energy meter is found to be inaccurate then we may adjust the Charges as appropriate and always in accordance with our Energy supply licence(s) and general legislation.

4.12 If the Address has common Energy services which aren’t metered (for example stair lighting) we may estimate the annual amount of Energy used and calculate the Charges accordingly. You’ll be required to pay us an appropriate share of those Charges.

4.13 If we suspend, disconnect or reconnect your Energy supply or reposition your meter we may make a reasonable charge.

4.14 If your chosen pricing structure is incompatible with your existing meter, we’ll be happy to reprogramme and/or replace your meter for a reasonable charge.

4.15 If you request a visit to the Address to check the Equipment we may make a reasonable charge.

4.16 We may vary the above charges at any time subject to clause 9 (variations).

4.17 We may transfer your payment instructions and bank account details amongst our trading names.

5. Security Deposit / Prepayment meter for Energy

5.1 We can request a security deposit from you or replace your meter(s) with a prepayment meter(s) if
(a) you don’t meet our credit criteria;
(b) you fail to pay or are late in paying the Charges; or
(c) as a result of your conduct.

If you don’t provide a security deposit and it is not safe and/or practical to install a prepayment meter(s) we may disconnect your supply and recover any costs reasonably incurred.

5.2 In addition to any rights we may have under this Agreement, any security deposit held may be used to offset any unpaid monies due to us.

5.3 If you use a prepayment meter, it is your responsibility to look after the key and/or plastic card or other device for payment, keeping it clean, safe and free from damage. We may charge for replacements.

6. Termination

6.1 The supply of Energy to the Address will be terminated:
(a) on the day requested, so long as you’ve given us at least 28 days written notice, provided that:
(i) on the day of termination, either another supplier has started to supply Energy to the Address or the Address has been disconnected; and
(ii) if we agree that no monies remain outstanding for longer than 28 days (where we sent you a bill before you gave notice); or
(b) on the date you no longer own or occupy the Address, provided you give us at least 2 working days’ prior written notice. Otherwise it will terminate on the first to occur of:
(i) the second working day after you’ve given us written notice; or
(ii) the date that Energy is supplied to the Address under a contract or a deemed contract with someone else.

6.2 If you don’t give the necessary notice under clause 6.1
you’ll remain liable for all monies due under this Agreement until the date of termination.
(a) We may end this Agreement (in whole or in part) by written notice if:
(i) you’re in material breach of this Agreement; or
(ii) we’ve been unable to install a prepayment meter and you haven’t paid a security deposit when requested; or
(iii) we give you 28 days’ notice of our intention to terminate this Agreement
(iv) we’ve good reason to believe that information you’ve given us is false or misleading; or
(v) you’re the subject of insolvency or bankruptcy proceedings; or
(vi) our agreement with our Electricity Distributor is terminated; or
(vii) if our agreement with Marks and Spencer plc is terminated (in this circumstance, we will offer you an alternative product)
(b) If we end this Agreement pursuant to clause 6.2(a) (i), (ii), (iii), (iv), (v) or (vi) inclusive above we’ll recover our reasonable charges incurred in discontinuing the supply.

6.3 This Agreement shall terminate immediately if OFGEM directs another Energy supplier to supply the Address.

6.4 If either we or you fail to fulfil any obligations under this Agreement (other than payment obligations) because of an event or circumstance outside its reasonable control, that failure will not be a breach of this Agreement for the duration of that event or circumstance.

6.5 The termination of this Agreement will not affect the rights and obligations of either party existing before such termination.

7. Transfer of Information/Charges

You agree that we may transfer any outstanding charges, credit and information (including, but not limited to, bank account details and payment instructions) in connection with your Energy supply(s)
(a) from a previous supplier to us;
(b) by us to a subsequent supplier;
(c) for dual fuel customers, between SSE Energy Supply Limited and Southern Electric Gas Limited; and
(d) amongst trading names of SSE Energy Supply Limited.

We’ll be entitled to recover the outstanding charges and any reasonable costs of doing so.

8. Assignment

8.1 This Agreement is personal to you and you may only transfer it to someone else with our written agreement.

8.2 We may, without your agreement, assign or transfer all or any part of our rights and subcontract any of our obligations under this Agreement to a party who holds the necessary authorisation(s). Your rights under Clause 6.1 (a) won’t be affected.

8.3 On assignment or transfer, we may hand over your security deposit and any interest to the party mentioned in Clause 8.1.

9. Variation

9.1 We can vary the terms and conditions for the supply of Energy (including price) in this Agreement. If we vary the terms or conditions to your significant disadvantage, we’ll publicise the variation in accordance with our Energy supply licence(s).

10. Enforcement of Rights

10.1 We can enforce any rights and obligations under this Agreement even if there is a delay in doing so.

10.2 If this Agreement is found to be unenforceable in whole or in part by any court of law or other regulatory or competent body, this will not affect any other part of this Agreement.

11. Limitation of Liability

11.1 We don’t limit or exclude liability for death or personal injury caused by our negligent acts or omissions.

11.2 We’ll only be liable for loss or damage which is a reasonably foreseeable consequence of our breach of this Agreement up to a maximum liability of £100,000 in any calendar year. Neither you or us will be liable to the other for any loss or damage which is indirect, consequential, economic or financial including loss of profit, revenue, goodwill, business, contract or wasted expenses.

12. Notices

12.1 Notices required under this Agreement will be in writing and delivered by hand, sent by post or by e-mail. We’ll send notices to your billing address. We’ll assume you’ve received the notice 2 working days after we’ve sent it unless we receive evidence to the contrary. You must send notice(s) for electricity and gas by post to: Sales Processing and Registration, SSE Energy Supply Limited, Grampian House, 200 Dunkeld Road, Perth, PH1 3GH.

13. Use of Personal Information

13.1 Information you provide to us or that we hold about you may be used by us, our employees and/or our agents, including companies within our group for the purposes specified in the M&S Energy privacy policy (available at mandsenergy.com, including:
(a) to identify you when you call;
(b) to help detection and prevention of crime, fraud or loss and to assist in debt recovery;
(c) to help with the administration of your account, services and products; and
(d) with your consent, to contact you by post, phone (including by automated calling units), fax, e-mail and SMS with information about other services and products offered by us and/or our carefully selected partners.

13.2 Your personal information will be shared between us and our third party data processors (including your Electricity Distributor) who provide services in relation to this Agreement in order to fulfil our obligations.

13.3 We will pass your personal information to Marks and Spencer plc who will use it for the purposes specified in the Marks and Spencer privacy policy available on the Marks and Spencer website at www.marksandspencer.com, which may include contacting you by post and phone with information about other services and products offered by M&S.

13.4 We may carry out credit and fraud prevention checks with licensed credit reference and fraud prevention agencies and they will retain a copy of the search. Information from your application and payment details of your account may be recorded by these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household and for debt collection and fraud prevention purposes.

13.5 We may monitor or record telephone calls, to help improve our customer service, for security purposes, to administer your account and for debt recovery purposes.

14. Governing Law

14.1 If the Address is in Scotland this Agreement shall be governed by Scots Law. Any disputes arising shall be dealt with by the Scottish Courts.

14.2 If the Address is in England or Wales this Agreement shall be governed by the Laws of England and Wales. Any disputes arising shall be dealt with by the English Courts.

15. Emergencies and Safety - Gas

15.1 If you suspect or are aware of a gas leak you must immediately call the Gas Emergency Number (0800 111 999). You’ll find this number printed on all accounts and/or statements.

15.2 We can discontinue or restrict the supply of gas to you in the event of an emergency, a safety issue or as a result of legal or regulatory requirement, and you’ll stop using or restrict the use of gas upon our or the relevant Gas Transporter’s instruction.

15.3 You must not misuse your supply of gas so it becomes a health and safety risk or is likely to damage people or property.

16. Emergencies and Safety - Electricity

You must tell your Electricity Distributor immediately if you’re aware of any matter or incident that either:
(a) causes danger or requires urgent attention regarding the supply or distribution of electricity; or
(b) affects or is likely to affect the maintenance of the security, availability and quality of service of the electricity distribution network.

Contact details are printed on all statements and bills.

17. National Terms of Connection

We are acting on behalf of your Electricity Distributor to make an agreement with you. The agreement is that you and your Electricity Distributor both accept the National Terms of Connection (NTC) and agree to keep to its conditions. This will happen from the time that you enter into this contract and it affects your legal rights. The NTC is a legal agreement. It sets out rights and duties in relation to the connection at which your Electricity Distributor delivers electricity to, or accepts electricity from, your home or business. If you want a copy of the NTC or have any questions about it, please write to: Energy Networks Association, 18 Stanhope Place, London, W2 2HH: phone 0207 706 5137, or see the website at www.connectionterms.co.uk.

Fixed Price Terms and Conditions

M&S Energy – Fixed Price 2 Terms and Conditions

1. These terms and conditions are in addition to the M&S Energy Terms and Conditions and SSE Energy Supply Terms and Conditions for Domestic Customers. In the event of a conflict between these terms and the M&S Energy Terms and Conditions or SSE Supply Terms and Conditions for Domestic Customers, these terms shall prevail.

2. During the period that these terms apply, neither You nor Us will be permitted to alter these terms, other than as expressly set out in these terms.

3. Our prices for the supply of Your electricity and gas on the Fixed Price 2 tariff will be fixed from the date of either, the transfer of your existing tariff with Us, or transfer of Your supply(s) from Your previous supplier(s) to Us (whichever is the latest) until 28 February 2014.

4. The Fixed Price tariff is available to Dual Fuel Standing Charge and Electric with Heat (Domestic Economy, THTC, Superdeal, Economy 10 and Economy 7) Standing Charge customers, who pay by fixed monthly Direct Debit, variable Direct Debit or quarterly billing only.

5. The Fixed Price 2 tariff ends on 28 February 2014. After this date you will switch to Our prevailing M&S Energy standard tariff at that time.

6. If you leave the Fixed Price 2 tariff at any time on or before 28 February 2014 an exit fee of £50 will be applied to your energy account. We reserve the right to apply the exit fee to either Your electricity or gas account.

7. If you leave the Address to which the Fixed Price 2 tariff applies you will usually be able to transfer the tariff to another property.

8. We reserve the right to amend the tariffs relevant to the Fixed Price 2 tariff if there is a cost imposed by a governmental or statutory body (including a change in VAT). This offer is not available for use in conjunction with any other offer. We reserve the right to refuse or withdraw the offer at any time.

This offer is not available for use in conjunction with any other offer. We reserve the right to refuse or withdraw the offer at any time.

Website Terms of Use

Please read these website terms of use ("Terms of Use") carefully as they set out the terms under which you may use the M&S Energy website (the "Website"), which is owned and operated by SSE Energy Supply Limited (trading as Scottish Hydro, Swalec and Southern Electric). Marks and Spencer trade marks are used under licence from Marks and Spencer plc.

These Terms of Use should be read alongside, and are in addition to, our privacy policy ("Privacy Policy") and our terms and conditions.

We recommend that you print off and keep a copy of these Terms of Use for your future reference. By using the Website, you agree that you have read, understood and agree to these Terms of Use, the Privacy Policy and the Energy Terms in their entirety (including as amended from time to time). If you do not agree to these Terms of Use, you must stop using the Website immediately.

What is the M&S Energy Website?

M&S Energy is a website owned and operated by SSE Energy Supply Limited (trading as Scottish Hydro, Swalec and Southern Electric) for the purposes of supplying energy-related products, services and information to you. SSE Energy Supply Limited is not part of the Marks and Spencer group, but uses Marks and Spencer trade marks on this Website with the permission of, and under licence from, Marks and Spencer plc.

SSE Energy Supply Limited (referred to in these Terms of Use as "we", or "us") is part of the Scottish and Southern Energy group and is a company registered in England (company registration no. 03757502), whose registered office is at 55 Vastern Road, Reading, Berkshire RG1 8BU.

If you have any questions about these Terms of Use or wish to contact us for any other reason, please contact us using any of the contact details specified on our Contact us page.

Your obligations when using this website By using this Website, you confirm that you are aged 18 or over. If you are not, you must not use this Website. This Website is intended only for residents of the United Kingdom. If you are not resident in the United Kingdom, you must not use this Website.

You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.

You may download and print content from the Website solely for your own personal use. However, you must not copy, use or otherwise deal with Website content for any other reason. You must not modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.

The content of the Website has been prepared to provide general information about M&S Energy and SSE Energy Supply Limited and members of the Scottish and Southern Energy Group, to those who access the Website from England, Wales and Scotland. Information contained on the Website is not intended to provide advice or offer to sell or deal in any securities and must not be relied upon in connection with any investment decision. Energy Terms

You acknowledge and agree that, in addition to these Terms of Use, the Energy Terms apply to the supply of any products or services you order through the Website. By applying for M&S Energy or any other energy-related products or services through the Website, you agree that you have read, understood and agree to our Energy Terms in their entirety (including as amended from time to time).

Website Content

We own or are licensed to use all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website and its content ("IPR").

All rights and IPR in or relating to Marks and Spencer branding, logos and registered and unregistered trade marks are owned by Marks and Spencer plc or its group companies.

If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us (or, in relation to any Marks and Spencer branding, logos and registered and unregistered trade marks, to Marks and Spencer plc) all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Website.

You agree to execute and do all such deeds, documents, acts and things as we (or Marks and Spencer plc) may reasonably require in order to assign any IPR to us (or Marks and Spencer plc), to carry out the intended purpose of these Terms of Use, or to establish, perfect, preserve or enforce our rights (or those of Marks and Spencer plc) under these Terms of Use.

Out liability to you

You acknowledge and agree that this Website is owned and operated by SSE Energy Supply Limited and that these Terms of Use govern your relationship with SSE Energy Supply Limited when using the Website. Accordingly, you acknowledge and agree that Marks and Spencer plc and its group companies cannot accept any responsibility or liability for your use of this Website. In the event that you suffer any harm, loss or other damage as a consequence of using this Website, any rights you may have will be solely against SSE Energy Supply Limited, subject to these Terms of Use, the Energy Terms and the Privacy Policy.

All representations, warranties, conditions and terms express or implied by statute, common law, equity, custom or otherwise are expressly excluded to the fullest extent permitted by law. We shall not be liable for any special, indirect, incidental, consequential or economic loss (including loss of profits, loss of opportunity and loss of business) howsoever caused arising out of or in connection with these Terms of Use or your use of the Website.

We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we cannot accept any liability for them.

Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.

This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.

Nothing in these Terms of Use shall exclude or limit our liability for personal injury or death or for any other liability the limitation or exclusion of which is prohibited by law.

Amendments to these Terms of Use

We may update or amend these Terms of Use and our Privacy Policy from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

These Terms of Use were last updated on 24 October 2008.

Other Important Terms

If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.

Except where provisions in these Terms of Use are expressly specified to be for the benefit of Marks and Spencer plc (in which instance, Marks and Spencer plc shall have rights to enforce these Terms of Use), only you and we shall be entitled to enforce these Terms of Use. No third party (other than Marks and Spencer plc) shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

These Terms of Use are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the exclusive jurisdiction of the English courts.

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