Mr-Skill Ltd provides an online marketplace where Customers can post their trade service needs online to receive Quotations by all types of Trade Professionals. The platform is operated by Mr-Skill Ltd ("Company", "us", "we", "our" and "ours"), registered in England No. 06468584 at 78 York Street, London, W1H 1D. The use of the Services of the Company is governed by the following Terms and Conditions (hereinafter referred to as: "Conditions").
The following words and expressions are frequently used throughout these Conditions, and where they are used their meaning is as follows:
"Company" = Mr-Skill Ltd (registered company number: 6468584) whose registered office is at 78 York Street, London, W1H 1DP.
"System(s)" = The software, hardware, batch programmes, and automated processes that are used by the Company in order to provide components of the Service.
"Website" = The internet platform operated by the company which can be found at www.Mr-Skill.co.uk, including all the pages, content and subdomains contained therein.
"User" = Anyone making use of the Website Services.
"Member" = A User who has registered with the Website by setting up a membership account and by entering into a Membership Agreement.
"Customer" = Any person, persons or companies or other organizations using the Website to publish a job posting to receive quotes from Trade Professionals.
"Trade Professional" = Trade Professionals, tradeswomen, trades companies or any other person, persons, company or companies that use the Website to quote on job postings and/or to receive introductions to Customers, with the aim of providing goods and/or services to these Customers.
"Bidder" = A Trade Professional who has submitted one or more Quotations in response to a job posting submitted on the Website by a Customer.
"Quotation", "Quote" = The amount required by a Bidder and posted on the Website as the price for carrying out a Job (inclusive of relevant taxes).
"Contractor" = The Bidder who was assigned the job by the Customer.
"Service(s)" = Any procedure or service that is provided by the Company to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.
"Job posting" = A project/job posted by a Customer and published on the Website, including where applicable any supplementary supplies or services such as the delivery of materials to be provided by the Contractor and used to carry out the Job.
"Third Party" = person, persons, company or companies, websites or any other business or enterprise that is being referred to, in the context of this Member Agreement, as being other than the Company or a Member.
"Your information" = Any information you provide to us or other users of the Website in relation to the Company's Service including information provided during registration, job postings, messages, ratings of Trade Professionals, profile content, text, files, images, photos, videos, sounds or other materials posted on, transmitted through, linked to, or otherwise made available arising as a result of your use of the Services of the Website.
"Conditions" = Refers to these terms and conditions.
3.1 In order to use any functions other than searching for Jobs using the 'Find Jobs' feature or searching for Trade Professionals using the 'Tradesmen directory' the User is required to register as a Member.
3.2 The registration process to become a Member may occur as a stand-alone process (for Trade Professionals) or as part of the process when a Job Posting is made by a User who was not registered before (for Customers). By clicking the "Register now" button (for Trade Professionals) or "Post job now" button respectively (for Customers), the User accepts that the use of the services offered through this Website are bound by the terms and conditions herein. If you do not agree to be bound by these terms and conditions, you may not use or access our Service.
3.3 Privity of Contract: The Conditions are only directly binding between the Users and us. Save where expressly stated otherwise in these Conditions and only to the extent so stated no provision of these Conditions shall be enforceable under The Contracts (Rights of Third Parties) Act 1999 and these Conditions do not give rise to any legal contracts, claims or other benefits or protection between Users or in favour of third parties or with a protective effect for third parties. This applies also insofar as these Conditions contain provisions relevant to the relationship between the relevant Members (e.g. concerning the entry into or contents of a contract between a Customer and a Trade Professional).
4.1 You agree to use the website and all the other Services made available to you by the Company only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the website. You agree not to submit or tender for Jobs which are prohibied by Law. Messages, profiles, job descriptions and other content must be civil and tasteful.
4.2 You understand that you are solely responsible for Your Information. You agree to provide true, accurate, current and complete information when providing details to the Company. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
4.3 You understand that your information and your activities on the Website must not be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Your Information must not infringe any Third Party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography.
4.4 Your Information content must not create liability for the Company or cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. Your Information must not link directly or indirectly to any other website.
4.5 To enable the Company to use Your Information, you grant to the Company a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
4.6 Your Information may not contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any System, data or personal information. Your Information may not cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
4.7 You hereby acknowledge that the Company, at its absolute discretion, shall be entitled to edit, modify or remove any part or parts of Your Information which it considers is in breach of any of the provisions of these Terms and Conditions.
4.8 We expressly draw to the attention of Users that they must not use our Services for illegal activities. It is prohibited to post job enquiries that are in breach of the law such as involving payment by cash in hand or other method of remuneration for the purpose of not paying relevant taxes or statutory payments. This also applies to negotiations or any activities in preparation for illegal activities for such purposes, such as cancelling job postings or not assigning Jobs.
4.9 You understand that the Company does not control, and is not responsible for content made available through the service. Furthermore, the Website and content made available through the Service may contain links to other websites, which are completely independent of the Company. The Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.
4.10 Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will the Company be liable in any way for any content or for any loss or damage of any kind incurred as a result of any content posted, emailed or otherwise made available via the Website.
4.11 You acknowledge that the Company does not pre-screen or approve all content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.
4.12 The membership name selected by the Member must not infringe any valid right, offend common decency or harm the rights of third parties. In addition, your chosen username or Business Name must not include the term "Mr-Skill" or any similar term, an e-mail or internet address or other Contact Data such as phone numbers. The Member's name and password are to be kept secret at all times.
4.13 It is not permitted to set up more than one Member's account for the same natural person or legal entity.
4.14 A member's account is not transferrable to any other person.
4.15 Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
4.16 You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the Company's prior written permission
4.17 You agree not to use the Website or the Services to transmit or post any chain letters or any material for the purposes of publicity, promotion or advertising.
4.18 You agree not to use the Website or the Services to transmit or post any material which is defamatory, offensive, malicious, misleading or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.
4.19 You agree not to use the Website or the Services such that the whole or part of the Website or the Services is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website or the Services is in any way impaired;
4.20 You agree not to use the Website or the Services in any manner which constitutes a violation or infringement of any person, firm or company or the rights thereof (including, but not limited to, Third Party intellectual property rights or confidentiality);
4.21 You agree not to use the Website to attempt any unauthorised access to any part or component of the Website or that of any Third Party or Member to which you can connect via the Website (or other directly or otherwise connected network);
4.22 You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the Company's express written permission;
4.23 You agree not to use the Website or Services as source of targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of a Third Party;
4.24 You agree not to bypass measures we may use now or in the future to prevent or restrict access to the Website or certain information contained therein;
4.25 You agree that in the event that you have any right, claim or action against any user arising out of the use of the Website or the Service, then you will pursue such right, claim or action independently of, or without recourse to the Company.
5.1 You acknowledge that it is your responsibility to select a Trade Professional and to negotiate the terms of any Work to be performed by the Trade Professional and that the Company makes no warranty regarding any goods or services purchased or obtained through an introduction made via its Website or the Services or any transaction entered into through its Website.
5.2 You understand that the Company does not in any way 'vet' or approve Trade Professionals who are listed on the site. We firmly believe that ratings and feedback from previous customers provide the best independent indication of quality, value and reliability of a Trade Professional. The Company cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content. The Company does not warrant that data posed by Members, such as information regarding identity, address, qualifications, ratings, references or solvency, are correct. Thus, it is the responsibility of each Member to check the relevant data of other Users prior to accepting any quote. The Company ensures only that the email and mobile phone contact details of all Trade Professionals are validated prior to the Trade Professional using the Website. We do not recommend or endorse any specific Trade Professional.
5.3 It is the responsibility of the Customer to satisfy themselves that the Trade Professional is appropriately qualified to complete the job prior to accepting a quote. We recommend that any Customer, before entering into a contract with any Trade Professional, obtains confirmation of the relevant data including insurance cover, guarantees, qualifications and any other necessary document. If you suffer any problems or losses as a result of acting on the information provided outside of the Website, the Company will not be liable.
5.4 You understand that whilst the Company shall use its reasonable endeavours to do so, it does not guarantee to be able to find a Trade Professional suitable for undertaking a Job whether by reason of geographical restrictions or otherwise.
5.5 In a situation where the job needs to be done urgently, or it needs to be done in a geographical area where our coverage of tradesmen is relatively low, or when we cannot find enough tradesmen within the first hour of posting your job, you understand that the Company may forward details about the work to be performed and your contact details to ServiceMagic Ltd. ServiceMagic will also attempt to find a local tradesman to get in touch with you and quote for the work that needs to be done. If you do not wish for tradesmen to contact you directly or for your information to be shared with ServiceMagic, customers should not add their phone number to the job postings. In total, your full contact details (phone number & address) will not be passed on to more than 5 interested tradesmen.
5.6 The Company provides no guarantee that a Trade Professional to whom it has passed a Customer's Job or Contact information will contact the Customer.
5.7 The Company cannot accept any liability in respect of any contract or other agreement entered into between the Customer and the Trade Professional. In particular, but without limitation, the Company can accept no liability relating to the quality or fitness of any Work performed or omitted to be performed by any Trade Professional and accordingly shall not be liable to the Customer for any occurrence resulting from the introduction of the Trade Professional to the Customer including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Customer howsoever arising.
6.1 The Company relies on Customers to specify and describe their Job requirements. The Company makes no warranty for the accuracy or completeness of any information provided by the Customer.
6.2 The Company makes no guarantee to refer any Jobs to a Trade Professional.
6.3 As the Customer retains the right to modify or withdraw its Job in the absence of a contract or other binding agreement with a Trade Professional, the Company makes no warranty as to the availability or suitability of a specific Job.
6.4 As a Trade Professional, you must ensure that you are legally able to tender for a Job. In addition, you must ensure that you are legally able to perform the Work specified in the Job description.
6.5 The Company is not party to any contract made between the Customer and the Trade Professional in relation to a specific Job and accordingly shall not be liable to the Trade Professional for any occurrence resulting from the introduction of the Customer to the Trade Professional including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Trade Professional howsoever arising.
6.6 It is prohibited for any Trade Professional to pass on any of their contact details through forum messages unless the express feature provided by the Company to allow contact details in a forum entry has been used.
6.7 It is prohibited for any Trade Professional to pass on any of their contact details via content posted on their Tradesman profile, including image files and other files, unless the express features provided by the Company to display the contact details on the profile have been used. The Company has provided express features for specific Membership types to disclose their contact details on their Trade Professionals's profile. Free Members do not benefit from disclosing their contact details unless a Customer accepts their Quotation on a job.
7.1 You acknowledge that the Company may establish limits concerning use of the Website, including but not limited to the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.
7.2 You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. Further, we cannot and do not guarantee that the services will meet a User's requirements.
7.3 You acknowledge that the Company reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.
7.4 You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.
7.5 The Website and the Services are provided on an "as is" and "as available" basis and the Company makes no warranties or representations, whether express or implied, in relation to the Website or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
7.6 The Company makes no warranty that the Website or use of the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
7.7 No warranty is given by the Company as to results that may be obtained or the accuracy of any information obtained through the Website or the Services or that any defects in the Website or the Services will be corrected and you understand and agree that any material or data obtained through use of the Website or the Services is at your own discretion and risk.
7.8 In using the Services provided by the Company, you acknowledge that the Company is not acting as a contractor, representative, agent, broker or intermediary of any type and is not responsible for any work done. It is the responsibility of the Customer to select a suitable Trade Professional and to negotiate the terms for any work that they undertake, and the Company will not be involved or held liable for the agreement between the Customer and Trade Professional. For more information please see the other relevant sections in this agreement.
7.9 Notifications which the System generates in connection with a Job or a Quotation are provided only for the information of the Member concerned. Where these notifications contain statements with any legal significance, these are deemed to be given by the party concerned.
7.10 For all matters relating to a Job, (e.g. concerning agreements as to payment, timescales or warranty claims), the Member should in all cases contact the other contracting Member.
7.11 We are not responsible for, nor obliged to receive or process, complaints against other Members nor to mediate in or resolve disputes between Members, unless the complaint concerns the performance of our legal or contractual obligations. If there is a dispute between Users on this Website, or betweens Users and a third party that the Company is under no obligation to become involved. Members are advised, in the first instance, to address such dispute directly to the Member concerned.
7.12 The Company may at its sole discretion without being under legal obligation to do so, investigate any grievances held by Members, and may discuss any investigation with all involved parties. However, there are only three possible outcomes of a grievance investigation:
7.13 In the event that you have a dispute with one or more other Users, you hereby release the Company, its officers, employees, agents and successors in rights from damages, demands and claims (including actual, punitive, consequential and incidental damages) of every kind of nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
7.14 We are entitled to transfer our rights and obligations under these terms and conditions entirely or partially to a third party by giving not less than four weeks' notice to the Member. If the Member does not agree to the transfer, the Member can terminate the Membership Agreement with immediate effect, e.g. by closing his Member's account.
7.15 The content, layout and organisation of the Website shall be subject to variation at the sole discretion of the Company
7.16 In the event of the Company's publication of the Website being restricted, curtailed or prevented by any law or any other act or thing beyond the Company's control, the Company may at any time, notwithstanding anything contained in this Agreement, forthwith terminate this Agreement in whole or in part.
8.1 Posting a Job via our Service constitutes a non-binding request from the Customer for Trade Professionals to submit Quotations for the Job posted. A Job is only assigned when the Customer accepts a Quote from a Trade Professional.
8.2 The Customer must describe the Job as accurately and fully as possible in the Job description when posting the Job to give Bidders a reliable basis for calculation.
8.3 Each Quotation must relate to the complete Job in each case and indicate the sum which the Trade Professional actually intends to invoice to the Customer for carrying out the Job. Quotations must always be stated as gross sums including the applicable value added tax. This also applies even if the Customer is authorised to deduct input tax. The indication of net prices is only permitted if the Customer expressly requests or permits this. Bidders are responsible for determining any matters relevant to their calculation before submitting the Quotation, and if appropriate should - in their own interest - arrange a site meeting with the Customer to view the conditions for performance of the Job. All Quotations and other statements as to prices must relate to the complete Job in each case including any taxes where necessary. Quotations must not be broken down into individual items, e.g. to a price per unit of time or a price per unit of area or unit of volume, unless the Bidder specifically asks for such breakdown.
8.4 By posting the Job on the Website the Customer agrees that interested Trade Professional may obtain his/her personal email address and contact details. Phone Calls will not be received if the "Contact Number" field on the Job posting form is left empty.
8.5 It is prohibited to post Enquiries which infringe the law, the rights of third parties, the provisions of the Membership Agreement or common decency. This applies in particular to Enquiries:
8.6 We reserve the right to delete such Enquiries as mentioned in clause 8.5.
8.7 The quoting procedure refers to the time in which the Trade Professionals can submit their quotations on a job listing.
8.8 Members may submit offers to carry out Jobs to a Customer only in the form of a Quotation relating to the Enquiry. Quotations may not be made through forum entries.
8.9 Submitting bogus Quotations is prohibited. We point out that fraudulent breach of this provision can be a punishable offence. We reserve the right to take such action as we reasonably consider appropriate in the event of any such activity including without limitation immediate suspension or irrevocable termination of the Membership Agreement.
8.10 The Bidder remains bound by a Quotation posted which is not withdrawn through the express features provided for a period of ninety days beyond the end of the job listing period (lead time). By submitting a Quotation the Bidder undertakes to carry out the Job regardless whether the Quotation is accepted while the job listing is still running, or whether it is accepted during the lead time. Once a Quotation for a Job has been accepted by the Customer, the contact details are exchanged and accessible on their "My Account" pages.
8.11 Once the lead-time is over and no decision has been made, all Quotations lose their validity automatically.
8.12 Job postings and Quotations can be withdrawn using the express features provided.
9.1 Members have the opportunity to rate other Members participating in a Quotation procedure using the rating system we provide. The performance of a Job shall not be rated until the respective service has been completely performed. If the performance of a Job fails by fault of a Member involved, it is permissible to give a negative rating. The aim of the rating system is to build up a meaningful profile of the performance, reliability and trustworthiness of Members.
9.2 The Company is not responsible for the ratings given by the Members, or any harm done by such content.
9.3 The Members who post the ratings are directly responsible for the written evaluation. In some exceptional circumstances, the Company may remove feedback, but only at its sole discretion. Likewise, any Member of the website who submits a rating is responsible for its accuracy and legality.
9.4 All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.
9.5 The Company performs a number of checks on feedback to test the rating's authenticity. The Company does not guarantee that ratings are genuine and correct. The Company may at our sole discretion remove partially or fully any feedback that we believe construct a misuse of the feedback system.
10.1 The company owns all the intellectual property rights relating to the site, including the designs, text, postings, ratings, database, graphics and layouts, and you agree not to use or copy any part thereof without our express permission.
10.2 The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("content") Users upload to our Website are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.
10.3 To the extent that all copyright and other intellectual property rights throughout the world in Your Information does not vest in the Company by operation of law or the other provisions of this Agreement, you hereby grant to the Company (free of charge) an exclusive, perpetual, royalty-free licence to use such information for any purpose.
10.4 You hereby acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Website (the "Rights"), including the manner in which the Website is presented or appears and all information and documentation relating thereto is the property of the Company and nothing contained herein shall be construed so as to transfer any such rights to you.
10.5 Without prejudice to the generality of the foregoing, if and to the extent that you own any or all of the Rights, you hereby irrevocably and unconditionally assign the Rights, with full title guarantee, to the Company for the full period of copyright and all renewals extensions and/or revivals thereof and thereafter in perpetuity, throughout the world.
12.1 You agree that the Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email address, or otherwise terminate, restrict or suspend your access to or use of the website, immediately and without notice, and remove and discard any content within the website, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of the terms.
12.2 You agree that the Company shall not be liable to you or any third-party for any termination or restriction of your access to the website.
12.3 You agree not to attempt to use the website after the said termination.
13.1 You agree to indemnify the Company forthwith on demand and hold the Company harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the Company in connection with any claims, actual or threatened, of any kind (including without limitation any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the provision of Your Information or from your use of the Website or the Services.
13.1 Neither party shall, nor shall it purport to, exclude or restrict liability for death or personal injury resulting from the negligence of it or its employees, servants or agents acting in the course of their employment.
13.2 You acknowledge that the Company has no control over the information that can be accessed by using the Website and the Services and that the Company may not examine your use of the Services or the nature of the information you are sending or uploading. The Company therefore excludes all liability of any kind for the transmission or reception of such information of whatever nature.
13.3 The Company does not represent that the information contained in the Website or in any communication from the Company, including but not limited to telephone conversations, E-mails and letters, is accurate, verified, current, comprehensive or complete. They could contain inaccuracies, typographical, human and/or machine errors or omissions. The Company will not be liable in any circumstances for any direct, indirect, consequential or special damages arising from use of the Website or Services of the Company. For these reasons users of the Website should neither rely, nor act upon any of the information contained within The Website, and if anyone does so, it will be entirely at their own risk.
13.4 E-mails that are automatically generated from information provided by Customers and Trade Professionals are NOT under the editorial control of the Company. These may be automatically sent un-checked and un-edited by the Company and therefore they do not necessarily reflect the opinions and/or beliefs of The Company.
13.5 The Company is not responsible and cannot be held liable for any inaccuracies, the validity, reliability, any falsehoods, misrepresentations, defamatory language or words, libellous statements, fraudulent activities or any other damaging words, sentences or statements contained in the components of E-mails that are not under the editorial control of the Company.
13.6 You agree that, except for death and personal injury arising from our negligence, the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where the Company has been advised of the possibility of such loss or damage) .
13.7 Without limiting the generality of Clauses 13.5 and 13.6 of this Agreement, Customers agree not to hold the Company responsible for any damages or other liabilities arising from work performed by any Trade Professional. The Company does not and cannot be involved in Customers' dealings with Trade Professionals, or control whether or not Trade Professionals will complete any Work as agreed and in the event that a Customer has a dispute with one or more Trade Professionals, the Customer hereby releases the Company (and its agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13.8 Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising therefrom, are hereby expressly excluded to the extent permitted by law.
13.9 While every reasonable care will be taken in respect of information supplied by you, the Company cannot accept liability for any information placed or omitted to be placed on the Website (whether or not any such liability is occasioned by the Company's fault or negligence or otherwise) .
13.10 The Company cannot and does not guarantee and does not warrant against human and/or machine errors, omissions, delays, interruptions or losses of information or data, infringing any material, or defamation.
13.11 The Company cannot guarantee the day or time that the Company will respond to any E-mail, telephone or written enquiries or Website form submissions.
13.12 Any responses made by the Company do not purport to be complete and exhaustive.
13.13 Without limiting the foregoing, the Company shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, transmitter or satellite degradation, failure of the Internet, interruption or failure or any other condition beyond the control of the Company's affecting production or delivery of the Website and any information incorporated in it in any manner or any of its obligations under this Agreement.
13.14 Each of the provisions of this section 13 shall be construed separately and independently of the others.
14.4 The Company will use its reasonable endeavours to forward details of Customer's Job requests to selected and suitable Trade Professionals. Should the Trade Professional express an interest in quoting for the Job then personal contact details will be sent to the Trade Professional concerned.
14.5 The Company will make user profile information registered including ratings and comments from Members in relation to historic Jobs available for Members and non-Members to see at any stage on the Website.
14.6 If for any reason you do not wish any or all of Your Information to be used in the way set out in these Terms and Conditions then please do not use the Services of the Company.
14.7 The Company is happy to provide, on request from a Member a copy of any data held by the Company on the requesting Member on receipt of proof of identity. For this service the Company reserves the right to charge an amount to cover administrative costs, the level of which shall be communicated to the Member at such time.
14.8 Members may only use contact information obtained from the Website or any information obtained through a Company communication for communications relating to specific Job postings on our Website.
14.9 Members agree not to use any personal contact information of any other Member provided via the Service or the Website for any unsolicited or commercial messages save as expressly authorised by these Terms and Conditions or where expressly authorised by the particular Member following adequate disclosure of the purpose(s). In addition, a Member agrees to only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws.
14.10 In addition, under no circumstances, except as defined in this Section, can a Member disclose personally identifiable information about another Member to any Third Party obtained as a result of the Services without the Company's consent and the consent of such other Member after adequate disclosure.
15.1 These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
15.2 If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
15.3 You may not assign, transfer or sub-contract any of its rights hereunder without the prior written consent of the Company. The Company may assign, transfer or sub-contract all or any of its rights at any time without your consent.
15.4 Any express or implied waiver by the Company of any term or condition hereof or any breach or default by you may be terminated by the Company at any time. No such waiver shall constitute a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.
15.5 This Agreement constitutes the entire agreement between the Company and you as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). You acknowledge that no reliance is placed on any representation made but not embodied herein.
15.6 The provisions of sections 4, 5, 6, 7, 10, 12, 13, 14, and 15.6 shall survive termination of this Agreement.
15.7 Any notice to be given under this Agreement may be given via E-mail, regular mail, facsimile or by hand to the address provided on the Website or otherwise as notified by one party to the other.
15.8 No terms or conditions other than those set forth herein or any variation thereof under section 16 shall be binding upon the Company, unless in writing and signed on behalf of both the Company and you.
15.9 Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
The Company reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. The most up-to-date version of the terms and conditions at any particular time can be accessed via a link at the bottom of each page on the Website.