Mr Skill

User Agreement

Mr Skill Ltd. - User Agreement: Terms and conditions

The following User Agreement describes the Terms and Conditions (T&C) under which Mr-Skill Ltd offers you access to their services. Please read this statement carefully before using this site. In the following “Mr-Skill”, “we”,”us” and “our” refers to Mr-Skill Ltd and www.mr-skill.co.uk. “You” refers to the user who has to read and accept these terms & conditions. “Member”, “User” or “registered User” all share identical meanings and represent people or legal entities who have authorized access to www.mr-skill.co.uk.

1. Welcome!

Dear Aspiring User, a warm welcome from mr-skill, provider of the revolutionary online service platform. These terms and conditions apply to the services available from the domain and sub-domains of http://www.mr-skill.co.uk.

2. Validity

This User Agreement is valid from the 1^st of April 2008.

3. Using Mr-Skill.co.uk

3.1 Mr-Skill Ltd. operates this Website as a one-stop portal for users to offer, buy or sell any service through a “quasi-reverse-auction” process.

Mr-Skill Ltd. is not a traditional “auctioneer”, meaning that we do NOT enter into legally binding agreements with you once you become a registered user and insert services (buyers/clients) or bid to perform services (sellers/contractors) published on www.mr-skill.co.uk or any of its sub-domains. Mr-Skill Ltd. ONLY provides its users with the necessary online-medium, on which registered users can insert a service they need done (clients)/bid on services they want to perform (contractors). We are NOT involved in the actual – legally binding – transaction between the buyer and the seller. As such, Mr-Skill has no control over the quality or legality of services posted by registered Members to buy or provide the service placed on auction.

Necessary actions will be considered, taken and implemented should we, i.e. Mr-Skill Ltd, become aware of any illegal steps taken or services provided on the domain or any sub-domains of www.mr-skill.co.uk. This also applies to services which can be interpreted as being contrary to the principle of “good faith” under English and European Community Law. Mr-Skill Ltd reserves the discretionary right to interpret any such services and delete the service or ban its user from using this site. Due to our limited resources and the work load involved in screening auctions, job comments and user profiles (which may be changed at all times), the above statement does not amount to a guarantee, and users may not hold Mr-Skill Ltd liable for an omission to act in the described circumstances.

3.2 Mr-Skill provides a feedback system which allows members to review and comment on another User’s reputation after a contract, including the specific service therein, has been concluded. You may NOT take any actions which could undermine the integrity of Mr-Skill’s feedback system or introduce any bias to it. Doing so may result in having your account deleted and being prohibited to use our services in the future.

4. About this Agreement

4.1 Please note that your access and use of the Website is conditional upon your acceptance and compliance with this Agreement. By initially agreeing to this statement you irrefutably agree to this agreement for the duration of your membership. You can only disagree with this agreement by immediately terminating your membership registration with us.

We reserve the right to periodically amend this statement. Notification of these amendments will take place by publishing them on the Website itself or sending them to your contact email-address, given to us by you at date of your first registration. Amended terms will come into effect as specified in the notification. This agreement may not otherwise be amended unless in writing, signed by you and an authorized agent acting on Mr-Skill’s behalf.

The webpage is subject to periodic updates or improvements, optimizing its functionality.

5. Becoming a Member of Mr-Skill

5.1 Membership

Membership of the Website is free of charge.

Membership is limited to private persons and legal entities who can form and enter into legally binding contracts under English Law. Membership does not require British citizenship, however registration currently requires a UK correspondence address.

Without limiting the foregoing, membership cannot be obtained by anyone under 18 years or anyone whose previous membership has been temporarily or permanently suspended or terminated by Mr-Skill.

Individuals must register in their own right, i.e. not on someone else’s behalf, and legal entities must be registered by an authorized representative of the entity. You may NOT register more than once, e.g. under different usernames.

The registration process is automatic, which means that once the e-mail address and mobile number have been verified, access is immediately granted to an individual profile. Mr-Skill reserves the right to suspend or terminate any membership for any reason at any time

5.2 Responsibility for your account

You are responsible for all use of the Website and Services made using your username and password. If you become aware of any unauthorized use of your account, please notify us immediately.

Your membership account (incl. feedback about you, and your username and password) is personal to you and may not under any circumstances be sold, assigned or transferred to anybody else. As it is in everyone’s interest to promote authenticity and reliability of membership, if you attempt to sell, assign or transfer any aspect of your account, we may permanently suspend or terminate your account and membership.

·         5.3 Communication

Communication with you will take place in text form via the email address you have provided us with at the date of your registration. You are required, and it is within your best interests, to notify us of any changes in the details you provided us with on registration. To do so please amend your personal details in the “my account” settings.

In order to protect members and Mr-Skill from inappropriate use of the Website, you warrant that your information:

i)                    Is not false, inaccurate, misleading or fraudulent;

ii)                  Does not infringe and third party’s copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

iii)                 Is not obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing;

iv)                Does not violate any Applicable Law;

v)                  Does not contain or describe pornography and is not otherwise harmful to persons under the age of 18 years; and

vi)                Will not create liability for Mr-Skill or cause any loss (in whole or in part) to the services of our online service platform

6. Protecting your privacy

The Website has its own Privacy Policy and is applicable to ALL its users and members. The Privacy Policy statement is incorporated into this statement and has to be read before using this Website.

Click this Link in order to read our Privacy Policy.

7. Terminating your membership

7.1 Membership may be terminated without cause at any time by the user or by Mr-Skill Ltd. For a user to terminate the membership, i.e. to delete his/her account, they simply need to go to their online account settings and select “delete my account”.

However, the terms of this agreement will continue to apply to any job auctions placed by you or in which you placed a legally binding bid prior to giving or receiving the notice of termination, until those auctions have been satisfactorily concluded.

7.2 If:

i) you breach this Agreement or the terms of any other policy or document incorporated into this Agreement (e.g. Privacy Policy) by reference;

ii) you act in any manner which we believe is unlawful, or which we believe may give rise to legal liability for you, our Members or Mr-Skill;

(iii) we are unable to verify or authenticate any information you provide to us; or)

iv) other Members consistently leave negative feedback about you,

then we may, in our absolute discretion, immediately and without further notice, temporarily suspend, indefinitely suspend or terminate this Agreement and your Membership of the Website. (If your behaviour requires us to take such measures, then any job auctions placed by you will immediately be terminated, and any bids placed by you will automatically be withdrawn.)

7.3 If this Agreement terminates;

1-      You are no longer authorized to access the Website;

2-      All restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in this Agreement will survive; and

3-      Any rights or remedies which Mr-Skill may otherwise have under this Agreement or at law will remain unaffected.

These provisions of clause 7.3 are subject to clause 7.1

8. What buyers (clients) Need to Do:

8.1 When placing a job auction on www.mr-skill.co.uk, you need to:

i) describe the services required in as much detail as you can and provide a job title

ii) state the location and the date & time when the job is required

iii) state who supplies the working material and the number of days over which the job auction is to run.

iv) ensure that the job auction is listed in the appropriate category;

v) state the approximate budget which you are willing to pay for those services, where specified in the listing page; and select the payment arrangement.

8.2 When placing a job auction on www.mr-skill.co.uk you may:

i) include graphics, pictures and other content relevant to the purchase of those services.

ii) set additional criteria for the contractors, such as necessity for a general liability insurance, a minimum feedback score, membership in a quality standard scheme

8.3 When you place a job auction on the Website, you warrant that you are legally able to purchase the services specified in the job auction, and that you intend to be legally bound by any contract which is formed in the accordance with clause 6.5 of this Agreement. Your job auction insertion represents an invitation to treat, i.e. an invitation for other users to make a legally binding offer. As such your job auction insertion is not a legally binding offer.

8.4 You are solely responsible for inaccurate or incomplete descriptions of the services, spelling errors, double entry of auctions and other errors within your ambit of control.

8.5 During the 7 (seven) day period after the job auction has ended, you may:

i) accept any Bid, in which case the job auction concludes and a contract is formed with the bidder who lodged the particular bid.

iii) accept no bid at all; in this case, no contract will be formed and the job auction has ended unsuccessfully.

8.6 Once the auction concludes and a contract is formed, you must complete the transaction with the winning Bidder (unless the transaction is prohibited by law or this Agreement).

9. What sellers (contractors) need to Do:

9.1 When you place a bid on a job auction on the Website, you represent and warrant to the buyer that:

i) your bid price is inclusive of VAT and any other taxes or charges payable in relation to services in the UK;

ii) your bid will remain capable of acceptance for 7 days after the job auction ends (subject only to retractions permitted under this Agreement).

iii) you are legally entitled to provide the services specified in the auction; and

iv) you intend to be legally bound on acceptance of your bid at the conclusion of the auction.

9.2 You may not retract a bid unless:

i) the Buyer materially changes the description of the services or the conditions of purchase after you placed your bid;

ii) you made a clear typographical error when you placed the bid;

iii) you are unable to authenticate the Buyer’s identity; or

iv) other exceptional circumstances exist, as determined by Mr-Skill in its sole discretion.

9.3 If your bid is accepted by the Buyer, then you must complete the transaction with the Buyer, unless the transaction is prohibited by law or this Agreement.

10. Communication During the Auction Process

10.1 During and after the running of a job auction, the Buyer and any Members bidding, or proposing to bid, on the auction are encouraged to contact each other to discuss the details of the auction and the services via a specific Question & Answer system provided for that purpose on the Website. The Question & Answer system may not be used for any other purpose.

10.2 We may review any type of communication on our service platform, incl. Questions & Answers, Comments etc. placed on the system and may temporarily or indefinitely suspend availability of the system, or any Member’s use of the system.

10.3 At the conclusion of the auction, i.e. a contract has been formed, we will:

i) inform all Bidders by email that the auction has concluded; and

ii) send the details of the Buyer to the Seller and details of the Seller to the Buyer.

11. Restrictions and Prohibitions

11.1 You may not use the Website in any manner or for any purpose that is unlawful, that violates any right of Mr-Skill Ltd or that is prohibited by this Agreement. In particular, it is a condition of your use of and/or access to the Website that you do NOT do any of the following:

i) manipulate, or try to manipulate, a job auction in any way (including, without limitation, bidding on your own auction through a third party for the purpose of driving the price down);

ii) enter, or attempt to enter, into a contract for services described in a job auction on the Website other than through the Website.

iii) use any mechanism, software or other scripts in relation to the Website which could disrupt or interfere with the Website or any servers, software, hardware or equipment connected to or via the Website, including any robot exclusion headers;

iv) take any actions which could undermine the integrity of Mr-Skill’s feedback system or introduce any bias to it.

v) restrict or inhibit any other user from using or enjoying the Website;

vi) distribute or transmit any content of any kind which contains a virus or other harmful component;

vii) distribute any pornographic, extremist or racist material or any material which might           otherwise be harmful to young persons;

viii) use the Website for the purpose of advertising or promoting political parties or extremist organizations;

ix) violate any Applicable Law relating to your use of the Website, or

x)link directly or indirectly to or include a description of services that are:

a)      Prohibited under this Agreement; or

b)     Concurrently being auctioned on a web site other than the Website

12. Costs

12.1 Membership of the Website is free of charge. Further, the services we provide on the Website are also free of charge.

13. Intellectual Property

13.1 You acknowledge that the content in this Website is the subject of intellectual property and legal rights (including third party rights). You must not, during or at any time after the expiry or termination of this licence, do or permit any act which infringes any of those rights.

13.2 Other than as expressly permitted by law or this Agreement, you may not, without the specific prior written consent of Mr-Skill or its Affiliates, do any of the following things, either directly or indirectly:

i) use, copy, reproduce, translate, reuse, transmit, retransmit, adapt, vary, remove, alter, modify, store, publish, republish, broadcast, link, distribute, frame, post, upload, rewrite, broadcast or store content;

ii) incorporate content into any other web site or use content for any commercial purpose (other than for the purposes of bidding on auctions and providing services in connection with a successful bid);

iii) store content in a retrieval system by any means, including graphic, electronic or mechanical means, photocopying, recording, taping or storage in an information retrieval system; or

iv) use content in any manner or for any purpose which is unlawful, which violates any right of Mr-Skill or an Affiliate or which is prohibited by this Agreement.

13.3 You must ensure that all copies of material from the Website retain any copyright or other intellectual property notices contained in the original material, and ensure your employees, subcontractors and other agents (if any) who have authorized access to the Website are made aware of this obligation.

13.4 Provided that the ownership of the content by Mr-Skill is acknowledged and strictly on the condition that you keep all content intact and in the same form as presented, (including all copyright, trademark and other proprietary notices and all advertisements), you may:

i) download and view the content using an industry-standard web browser;

ii) if you are an Internet service and/or access provider, supply the content to your subscriber;

iii) access and display these pages on a computer or a monitor;

iv) hold a temporary copy in the computer's cache; and

v) make a single permanent copy for your personal reference.

13.5 Some of the copyright in the content is included on the Website under a licence from third parties, such as processes used in constructing or accessing this Website. Any permission to use, copy or reproduce that content (other than in the course of viewing this Website) must be obtained from the copyright owner. It is your responsibility to obtain authorisation.

13.6 All names, logos and trademarks (both registered and unregistered) are the property of Mr-Skill, or the third parties who have contributed to this Website. Use of these trademarks will infringe intellectual property rights. It is your responsibility to obtain the requisite approval. Nothing contained on this Website should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Website without the express written permission of Mr-Skill, the relevant affiliate, or contributor.

13.7 Some of the logos appearing on the Website may be available to you to place on your own web site as a hyperlink to the Website, but that use requires the express written authorisation of Mr-Skill and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner. For more information on linking to the Website, please refer to clause 16.

14. Information verification

14.1 Mr-Skill cannot and does not verify or confirm the total identity and other details provided by Members, because verification on the Internet is difficult and uncertain. The only system in place is a mobile phone and e-mail verification. To assist Members to make decisions when entering into transactions, we have established a Member-initiated feedback system to help you evaluate the Member you are dealing with. We also encourage you to communicate directly with potential trading partners through the tools (Questions & Answers) available on our Site. You may also wish to consider using additional user verification (i.e. TrustMark, SafeContractor)

15. Your Information

15.1 You accept sole responsibility for all your Information provided to Mr-Skill or posted to the Website. You acknowledge that while Mr-Skill passively enables the online distribution and publication of your Information, Mr-Skill is not responsible for it.

15.2 Mr-Skill does not wish to breach any rights you may have in your Information, such as rights of privacy and publicity. To enable us to use your Information in connection with the Website without violation of those rights, you grant to us a non-exclusive, worldwide, perpetual, royalty-free right (with a right of sub-licence) to exercise the copyright, publicity and database rights you have in your Information, in accordance with, and for the purposes set out in this Agreement and our Privacy Policy.

15.3 You must inform us promptly, if you become aware that any of your Information provided to us breaches this Agreement and take whatever steps may be necessary to correct the breach. This clause is not intended to limit our rights under any other provision of this Agreement if such a breach occurs.

16. Liability

16.1 As numerous factors beyond our control may affect the operation of our Website, and as we are not party to the actual transactions between buyers and sellers, you indemnify Mr-Skill, its directors, officers, employees, suppliers and agents to the maximum extent permitted by law, from and against all Loss to you or anyone else arising out of, or in any way connected with, the use of this Website, however occurring. The cause of the Loss includes but is not limited to:

i)                    any breach of this Agreement;

ii)                  any unauthorised access to, modification or alteration of content;

iii)                 any unauthorised actions due to fraudulent hacking of our system

iv)                 any material or data sent or received or not sent or received;

v)                  any transactions entered into through this Website;

vi)                a breach of your computer’s security

vii)               any infringement of another's rights, including intellectual property rights;

viii)             any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party;

ix)                 any content sent by any third party using and/or included in this Website;

x)                  any service available from this Website; and

xi)                delays, interruptions, inaccuracies, errors, omissions or cessation of services.

16.2 Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Liability which cannot be excluded is limited, to the extent possible and at Mr-Skill’s option, to:

i)        the supply of the goods or services again;

ii)      the repair of the goods; or

iii)     the payment of the cost of having the goods or services supplied again or repaired.

We do not review users’ job auctions and we are not party to the actual transactions between buyers and sellers. You will not hold Mr-Skill responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off Mr-Skill) or for ensuring that they actually complete transactions.

We have no control over, do not guarantee, and you will not hold us responsible for:

i)        the truth or accuracy of listings;

ii)       the truth or accuracy of feedback or other content posted by users on the Site;

iii)     the truth and accuracy of information contained in user profiles

iv)     whether a buyer or seller will actually complete a transaction.

You accept sole responsibility for the legality of your actions under laws applying to you.

We (including our subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site.

17. Links

17.1 We may display content on this Website which we source from Third Party Sites. We may also provide links to Third Party Sites. We provide these links and the third party content for your convenience only, and cannot and do not:

i) endorse or recommend any Third Party Sites or content referred to by the site owner;

ii) authorise the reproduction of third party content;

iii) make any representations or warranties regarding Third Party Sites or any hyperlink contained in linked Third Party Sites relating to third party content; or

iv) accept liability for loss of any kind arising from third party content or use of links.

17.2 Third Party Sites contain their own terms of use which you should read carefully. You link to Third Party Sites entirely at your own risk, and any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on Third Party Sites.

17.3 You may not link to the Website without our permission. If you are interested in linking to the Website, or becoming otherwise affiliated with Mr-Skill, please contact us.

18. Cookies

18.1 During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Website and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Website.

19. Miscellaneous

19.1 If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Agreement, which will continue in full force and effect. All rights not expressly granted are reserved.

19.2 If you breach any provision of this Agreement, and Mr-Skill has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of our legal rights. Any waiver of legal rights granted under this Agreement will only be effective if it is in writing and signed by Mr-Skill.

19.3 Unless expressly stated to the contrary, all matters relating to this Website are governed by and are to be construed according to the laws applicable in the United Kingdom. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the United Kingdom.

19.4 Mr-Skill has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if Mr-Skill considers (in its discretion) that the action is necessary or desirable.

20. Definitions

20.1 In this Agreement:

(i) Agreement means the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website;

ii) Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
                (a) any law, rule or regulation of any country (or political sub-division of a country);
                (b) any obligation under any licence in any country (or political sub-division of a country); and
                (c) any lawful and binding determination, decision or direction of a regulator in any country     (or political sub-division of a country);

iii) Bidder means, in relation to a job auction placed on the Website, a Member who places a bid on that auction;

iv) Buyer means, in relation to a job auction placed on the Website, the Member who placed that auction;

v) content means any information, files, text, code, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, services documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, or omitted from this Website, obtained or able to be viewed by accessing any part of this Website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format;

vi) Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organization Convention 1967[1], in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Website;

vii) Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this Website. This includes, but is not limited to, loss of business profits, legal costs and defence or settlement costs;

viii) Member means any person who has registered as a member on the Website;

ix) Non Excludable Rights means the rights and remedies conferred on you by the Limitation of Liability Trade Practices Acts and similar State and Territory Legislation in the UK in relation to the provision of goods or services on web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the use of this Website or your use of or access to the Website, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in this Agreement;

x) Seller means, in relation to a job auction on the Website, the Member whose bid is selected by the Buyer as the winning bid;

xi) Services means the services provided by Mr-Skill on the Website;

xii) Third Party Sites means sites and resources located on servers maintained by others over whom Mr-Skill has no control;

xiii) Website means those web pages contained within the domain http://www.mr-skill.co.uk and any sub-domains;

xiv) Mr-Skill means Mr-Skill Ltd. ( Reg. No. 06468584), its subsidiaries, officers, agents, directors, officers, employees and “related bodies corporate”. You can find our business trading address and registered company address in the “About us” section on the webpage.

xv) Your Information means any information you provide to us or other Members in the process of registering as a Member, placing a job auction, bidding on a job auction, posting messages or comments or using other communication tools on the Website (including the feedback area) or otherwise in corresponding with us, and includes:
                a) your personal details;
                b) descriptions of services you require, as listed on the Website; and
                c) content posted on the Website.

21. Using the Website from outside the UK

21.1 This Website is not directed at people in any other country and should not be relied on by people in any country other than the United Kingdom. If the content and this Agreement do not satisfy the laws of your country, you are not entitled to use the Website. If you do so, you indemnify Mr-Skill for any Loss or damage which may be incurred as a consequence.