EBH Web Ltd

Terms and Conditions

 

NOTICE: Please read the following carefully. You are offered use of the Services based on the terms and conditions set out below which should be read in conjunction with our Privacy Policy, Terms of Use and Payment Terms. By using the Services you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions you cannot use the Services.  Your attention is drawn in particular to clauses 4, 5.1, 5.6, 9.3, 10.2, 11.5, 12.4, 13.1, 13.4, 15 and 16.

 

1                Definitions

1.1            For the purposes of this Agreement, unless the context otherwise requires:

Company

means EBH Web Ltd (www.wedotrades.co.uk) (registered company number: 6363452) whose registered office is at Princess Exchange, Princess Square Leeds, LS1 4QY including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to the Company

 

Customer

means any person, persons, companies or other organisations using the Services whether or not for the purpose of being introduced to Trade Professionals and/or use the services of the introduced Trade Professional or their Sub-Contractors

 

E-mail

means any electronic mail received or sent by the Company, created and sent by a member of the Company, or automatically created and sent on behalf of the Company

 

Information

means any information you provide to us or other users of the Website in relation to the Services including information provided during registration, Job listings, the rating of or other information about Trade Professionals and any other communication processes arising as a result of your use of the Services or the Website

 

Job

means goods and/or services provided by or to be provided by or on behalf of any Trade Professional, for or on behalf of Customers

 

Member

means any Trade Professional or Customer

 

Member’s Account

means the electronic payment account assigned to those Members who have chosen to receive Text Message Alerts.

 

Payment Terms

means the document created by the Company entitled Payment Terms and agreed with Trade Professionals before subscribing to the Company's Text Message Alerts

Services

means the services and procedures provided/used by the Company to Members and includes, but is not exclusive to: information, products and services provided by telephone, fax or mail, on the Website and by E-mail further details of which are contained within this Agreement and in other parts of the Website

Subcontractors means

contractors, sub-contractors, and self-employed professionals, or any other person or company working for or on behalf of Trade Professionals

 

Systems means

the software, hardware, batch programmes, and automated processes that are used by the Company in order to provide components of the Service

 

Text Message Alerts

means the notification of a Trade Professional by mobile phone text message from the Company about the request of a quote by a Customer

 

Third Party

means any person, persons, company or companies, websites or any other business or enterprise that is being referred to, in the context of this Agreement, as being other than the Company or a Member

 

Trade Professionals

means tradesmen, tradeswomen, trades companies or any other person, persons, company, or companies that use the Services of the Company in order to receive introductions to Customers and potential Customers, with the aim of providing goods and/or services to these Customers

 

Website

means the web space, pages, and the contents and graphics contained in such space or pages which are under the editorial control of authorised members of the Company, including without limitation members profile pages and blogs

 

You

means the Trade Professional or Customer reading this Agreement

 

 

2                Interpretation

2.1            All references to a statutory provision shall be construed as including references to:

2.1.1        any statutory modification, consolidation or re-enactment (whether before or after the date of this agreement) for the time being in force;

2.1.2        all statutory instruments or orders made pursuant to a statutory provision; and

2.1.3        any statutory provisions of which a statutory provision is a modification, consolidation, or re-enactment.

2.2            Except where the context otherwise requires words denoting the singular include the plural and vice versa; words denoting any one gender include all genders; words denoting persons include firms and corporations and vice versa.

2.3            Unless otherwise stated, a reference to a clause or sub-clause or a schedule is a reference to a clause or a sub-clause of or a schedule to this Agreement.

2.4            Clause headings in this Agreement and in the schedules are for ease of reference only and do not affect the construction of any provision.

3                Members’ Obligations

In consideration of the Company making the Website and the Services available to you as a Member, You agree that You:

3.1            will not submit or tender for Jobs which are prohibited by law;

3.2            are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access the Website;

3.3            accept responsibility for any content you provide on the Website;

3.4            will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for the Information) from the Website without the Company's prior written permission;

3.5            will not use the Website or the Services for any illegal purpose and in accordance with all relevant laws;

3.6            will not use the Website or the Services to transmit or post any chain letters or any material for the purposes of publicity, promotion and/or advertising other than as authorised by the Company;

3.7            will not use the Website or the Services to distribute by any means computer viruses or worms to Members, Customers or Third Parties;

3.8            will not 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;

3.9            will not 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;

3.10         will not 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);

3.11         will not use the Website to attempt any unauthorised access to any part or component of the Website or that of any Third Party, Customer or Member to which you can connect via the Website (or other directly or otherwise connected network);

3.12         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;

3.13         will not 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;

3.14         will not bypass measures the Company may use now or in the future to prevent or restrict access to the Website or certain information contained therein;

3.15         will in the event that you have any right, claim or action against any Member arising out of the use of the Website or the Service, pursue such right, claim or action independently of, or without recourse to the Company.

3.16         will keep confidential any password relating to the Services and not allow any third parties to use such password.

3.17         The Company will keep you up to date with relevant company and trade information in a weekly e-newsletter.

4                The Company’s Rights

4.1            The Company reserves the right to modify or discontinue all or part of, temporarily or permanently, the Website, the Service or the Text Message Alerts with or without notice to You and You confirm that the Company shall not be liable to You or any Third Party for any modification to or discontinuance of the Website, the Service or the Text Message Alerts.

4.2            The Company may change this Agreement from time to time and shall post such alterations on the Website.

4.3            The content, layout and organisation of the Website shall be subject to variation at the sole discretion of the Company.

4.4            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.

5                Customer Ratings

5.1            The Company cannot accept any liability in respect of any comments made in the form of customer ratings and has no control over this.

5.2            Trade Professionals when becoming a Member of the Website are accepting they will be rated by customers after the completion of a Job

5.3            A Trade Professional can only be rated by a Customer if that Customer has originally requested a quote via the automated email system on the website

5.4            Customers can only rate Trade Professionals on the work they originally quoted for via the website

5.5            A Trade Professional will not receive an overall rating until 5 different Customers have rated them for separate Jobs

5.6            Customer ratings are solely the individual Customer’s own opinion and both Customers and Trade Professionals 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 legal fees and costs) incurred by The Company, Trade Professionals or Customers.

6                Intellectual Property Rights

6.1            To the extent that all copyright and other intellectual property rights throughout the world in the 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.

6.2            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.

6.3            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.

7                The Information

7.1            You are solely responsible for the 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.          

7.2            The 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.  The 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.

7.3            The Information 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.

7.4            To enable the Company to use the 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 the Information, in any media now known or not currently known. You also waive all moral rights you have in the Information to the fullest extent permitted by law.

7.5            The 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.  The 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.

7.6            You hereby acknowledge that the Company, at its absolute discretion, shall be entitled to edit, modify or remove any part or parts of the Information which it considers is in breach of any of the provisions of this Agreement.

8                Privacy and Data Protection & Exchange of Information

8.1            By accepting this Agreement, the Customers and the Trade Professionals expressly consent to uses and disclosures of their Information as set out in the Company's then current Privacy Policy, which is incorporated herein by reference.

8.2            The Company's Privacy Policy is available here.

8.3            The Company holds the Information on a database and as part of the business System strictly in accordance with its Privacy Policy.

8.4            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.

8.5            Members may only use contact information obtained from the Website or any information obtained through a Company communication for communications relating to specific Job inquiries which have been notified to the Member via the Service or the Website.

8.6            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 this Agreement or where expressly authorised by the particular Member following adequate disclosure of the purpose(s). In addition, a Member agrees to use such information only in accordance with applicable laws and regulations, including without limitation data protection and privacy laws.

8.7            In addition, under no circumstances, except as defined in this Section, can a Member disclose personally identifiable information about any other Member to any Third Party obtained as a result of the Services.

9                Disputes

9.1            Should Members have a dispute with another Member, they must, in the first instance, address such dispute directly to the Member concerned and feedback the results to the Company.

9.2            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:

9.2.1        Members may be allowed to continue using the Services of the Company;

9.2.2        Members may be suspended from using the Services of the Company for a period of time, at the discretion of the Company;

9.2.3        Members may be banned indefinitely from using the Services of the Company.

9.3            You hereby agree to release the Company from any damages or claims (including punitive, consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes.

10             Text Message Alerts

10.1         Where a Trade Professional subscribes to the Text Message Alert service the Company will send a text message to the Trade Professional each time a Customer using the Website requests a quote.

10.2         The Company makes no warranty that the Text Message Alerts will meet any Customer’s or Trade Professional’s requirements or will be uninterrupted, timely, secure or error-free.

10.3         In consideration of the Company providing the Text Message Alerts the Trade Professionals subscribing to the service shall pay to the Company the sum of £1.50 per text message sent by the Company in accordance with the Payment Terms.  Payment shall be made in arrears and taken from the Member’s Account on the last working day of every month.

11             Suspension and Termination

11.1         The Company reserves the right to suspend or discontinue its Service to individual Members, Customers or Trade Professionals with immediate effect, as it sees fit and in circumstances including, but not limited to:

11.1.1     where the Company suspects that a Member is in material breach of any term hereof;

11.1.2     where the Company suspects that a Member has submitted false information, in respect of the Information or the Customer ratings; and

11.1.3     where a Member’s Account remains unpaid for a period of 30 days from the last working day of the calendar month in which the balance falls to be paid.

11.2         In its absolute discretion and in pursuance of its right to terminate or suspend the Services under this clause 11, the Company reserves the right to:

11.2.1     contact any Customers or Trade Professionals who it suspects have submitted false information; and

11.2.2     visit the finished Job to verify that the work that has been completed matches the Job initially quoted for.

11.3         If the Company is not satisfied that the work was completed by the named Trade Professional and the Customer gave false information with the intent to raise the Trade Professional’s profile within the website the Company may terminate the membership of such Customer and/or Trade Professional with immediate effect.

11.4         The Trade Professional will be given an opportunity to write to the Company if they disagree with the decision of the Company

11.5         The Company’s decision is final and the company accepts no liability for any incremental loss or damages occurred directly or indirectly from this decision.

11.6         Either party may terminate this Agreement forthwith by written notice if the other commits any material breach of any term hereof and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same.

12             General Disclaimer – Customers

12.1         The Customer acknowledges that it is its responsibility to select a Trade Professional and to negotiate the terms of any Job to be performed by the Trade Professional it has selected 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 transactions entered into through its Website.  Ratings are for general guidance only and do not reflect the Company’s opinion of any Trade Professional.  The Company does not recommend or endorse any specific Trade Professional.

12.2         [Trade Professionals included in the database are accessible via the Website].

12.3         The Company provides no guarantee that a Trade Professional whom the Customer has contacted in relation to a Job will contact the Customer in return.

12.4         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 Job 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.

13             General Disclaimer – Trade Professionals

13.1         The Company disclaims all liability for any loss, damage, costs and expenses incurred by any Trade Professional as a direct or indirect result of the inaccuracy or completeness, lateness, absence, misleading nature or other feature of any information provided by the Customer.

13.2         The Company makes no guarantee to generate any Jobs to a Trade Professional.

13.3         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 services specified in the Job description.

13.4         The Company is not party to any contract made between the Customer and the Trade Professional in relation to any 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.

13.5         Nothing in this Agreement shall affect the Company’s liability for death or personal injury resulting from its negligence or its liability for fraud.

14             Indemnity

14.1         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 the Information or from your use of the Website or the Services.

15             Disclaimer of Warranties

15.1         The Website, the Text Message Alerts 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.

15.2         The Company makes no warranty that the Website, the Text Message Alerts or use of the Services will meet any Customer’s or Trade Professional’s requirements or will be uninterrupted, timely, secure or error-free.

15.3         No warranty is given by the Company as to results that may be obtained or the accuracy of any information obtained through the Website, the Text Message Alerts or the Services or that any defects in the Website, the Text Message Alerts or the Services will be corrected and you understand and agree that any material or data obtained through use of the Website, the Text Message Alerts or the Services is at your own discretion and risk.

16             Limitation of Liability

16.1         Notwithstanding any other provisions in this Agreement, neither party shall, nor shall it purport to, 0exclude 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.

16.2         You acknowledge that the Company asserts no control over the information that can be accessed by using the Website and the Services and that the Company may not necessarily 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.

16.3         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, Text Message Alerts and letters, is accurate, verified, current, comprehensive or complete. It could contain inaccuracies, typographical, human and/or machine errors and/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.

16.4         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.

16.5         The Company is not responsible and cannot be held liable for any inaccuracies, 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.

16.6         You agree that, subject to clause 16.1, 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).

16.7         Customers agree not to hold the Company responsible for any damages or other liabilities arising from a Job 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 Jobs 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.

16.8         Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreements by statute, common law, or otherwise and any liabilities arising there from, are hereby expressly excluded to the extent permitted by law.

16.9         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).

16.10       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.

16.11       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.

16.12       Any responses made by the Company do not purport to be complete and exhaustive.

16.13       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.

16.14       Each of the provisions of this Clause 16 shall be construed separately and independently of the others.

17             General

17.1         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.

17.2         You may not assign, transfer or sub-contract any of your rights hereunder without the prior written consent of the Company. The Company may assign, transfer or sub-contract all or any of its rights or obligations at any time without your consent.

17.3         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.

17.4         Any provision which is expressly or by implication stated to survive termination of this Agreement shall do so.

17.5         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.

17.6         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.

17.7         This Agreement shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.