Homeowner User Agreement
This User Agreement was last updated on 7th November 2012
"Company" means - Rated People Ltd (registered company number: 5540422) whose registered office is at 66 Buckingham Gate, London SW1E 6AU including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to The Company.
"E-mail(s)" means - 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.
"Homeowner(s)" means - person, persons, companies or other organisations using the Services of the Company in order to be able to publish details of Projects to Trade Businesses with a view to using the services of the Trade Business and their Sub-Contractors.
"Homeowner Information" means - any information the Homeowner provides to the Company or other users of the Website in relation to the Company's Service including information provided during registration, Project listings, the rating of Trade Businesses and any other communication processes arising as a result of a Homeowner's use of the Services or the Website.
"Project" means - projects and services carried out by Trade Businesses and their Sub-Contractors, for or on behalf of Homeowners.
"Service(s)" means - the services, procedures and information provided and used by the Company for the benefit of Homeowners and Trade Businesses 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 the Terms and Conditions and in other parts of the Website.
"Sub-Contractor(s)" means - contractors, sub-contractors, and sole traders, or any other person or company (or contemplated by the Trade Business to be likely to work) with or for or on behalf of a Trade Business in connection with a Project.
"System(s)" means - the software, hardware, batch programmes, and automated processes that are used by the Company in order to provide components of the Service.
"Suspend(ed)" means - the suspension of a Homeowner's account with the Company.
"Third Party" or "Third Parties" means - person, persons, company or companies, websites or any other business or enterprise that is being referred to, in the context of the Terms and Conditions, as being other than the Company or a Homeowner or Trade Business or a Sub-Contractor.
"Trade Business(es)" means - tradesmen, tradeswomen, trades companies or any other person, persons, company, or companies that use the Services of the Company in order to receive information from the Company which will assist them in securing Projects with Homeowners and potential Homeowners.
"Trade Business User Agreement" means - the user agreement which applies to Trade Businesses and the Company as the same may be varied from time to time.
"Website" means - the web space, pages, applications and social media applications and their respective contents and graphics which are available via the internet and/or handheld interactive consumer electronic devices including but not limited to smart phones and tablets, and/or interactive television devices, and which are under the editorial control of authorised members of the Company.
1. General disclaimer
- The Homeowner acknowledges that it is their responsibility to select a Trade Business and to negotiate the terms of any Project to be performed by the Trade Business (or any of its Sub-Contractors) they have selected and that the Company makes no warranty regarding any goods or services purchased or obtained through listing a Project on the Website or via the Services or any transactions entered into through its Website.
- The Company relies on data provided by Homeowners and Trade Businesses to determine which Trade Businesses are included in the database accessible via the Website and does not recommend or endorse any specific Trade Business.
- Whilst the Company shall use its reasonable endeavours to do so, it does not guarantee that a Trade Business suitable for undertaking a Project will contact the Homeowner whether by reason of geographical restrictions or otherwise.
- The Company provides no guarantee that a Trade Business to whom it has published a Homeowner's Project information will contact the Homeowner.
- The Company cannot accept any liability in respect of any contract or other agreement entered into between the Homeowner and the Trade Business. In particular, but without limitation, the Company can accept no liability relating to the quality or fitness of any Project performed or omitted to be performed by any Trade Business (or any of its Sub-Contractors) and accordingly shall not be liable to the Homeowner for any dispute, act or omission resulting from any dealings between the Homeowner and the Trade Businesses and/or their Sub-Contractors including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Homeowner howsoever arising.
2. Privacy and data protection and exchange of information
- The Company will use its reasonable endeavours to publish details of Homeowner's Project requests to Trade Businesses. Should the Trade Business express an interest in quoting for the Project then personal contact details will be sent to both the Homeowner and the Trade Business concerned.
- The Company will make registered user profile information including ratings and comments from users of the Website in relation to historic Projects available for users of the Website to see at any stage on the Website.
- If for any reason the Homeowner does not wish any or all of the Homeowner Information to be used in the way set out in the Terms and Conditions then the Homeowner should immediately cease to use the Services of the Company.
- The Company is happy to provide, on request from a Homeowner a copy of any data held by the Company on the requesting Homeowner 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 Homeowner at such time.
- Homeowners may only use contact information obtained from the Website or any information obtained through a Company communication for communications relating to specific Project inquiries which have been notified to the Homeowner via the Service or the Website.
- Homeowners agree not to use any personal contact information of any other Homeowner or Trade Business provided via the Service or the Website for any unsolicited or commercial messages save as expressly authorised by the Terms and Conditions or where expressly authorised by the particular Homeowner or Trade Business following adequate disclosure of the purpose(s). In addition, a Homeowner agrees to only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws.
- In addition, under no circumstances, except as defined in this Section, can a Homeowner disclose personally identifiable information about another Homeowner or Trade Business to any Third Party obtained as a result of the Services without the Company's consent and the consent of such other Homeowner or Trade Business after adequate disclosure.
3. Disclaimer of warranties
- 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.
- 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.
- 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 the Homeowner understands and agrees that any material or data obtained through use of the Website or the Services is at their own discretion and risk.
4. Homeowner information
- The Homeowner is solely responsible for Homeowner Information. Homeowners agree to provide true, accurate, current and complete information when providing details to the Company. Homeowners agree not to impersonate any other person or entity or to use a false name or a name that they are not authorised to use.
- Homeowner Information and their 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. Homeowner 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.
- Homeowner 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. Homeowner Information must not link directly or indirectly to any other website.
- To enable the Company to use Homeowner Information, Homeowners 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 the Homeowner may have in Homeowner Information, in any media now known or not currently known. Homeowners also waive all moral rights they have in the Homeowner Information to the fullest extent permitted by law.
- A Homeowner shall ensure that its Homeowner Information does 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.
- A Homeowner shall ensure that its Homeowner Information does 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.
- Homeowners hereby acknowledge that the Company, at its absolute discretion, shall be entitled to edit, modify or remove any part or parts of Homeowner Information which it considers is in breach of any of the provisions of the Terms and Conditions.
5. Homeowner obligations
- In consideration of the Company making the Website and the Services available to Homeowners, Homeowners:
- agree that they will not submit Projects which are prohibited by Law;
- accept responsibility for any content the Homeowner provides on the Website;
- agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Homeowner Information) from the Website without the Company's prior written permission;
- agree not to use the Website or the Services in any other way save as expressly authorised by the Company's Terms and Conditions. By way of non-exhaustive example Homeowners agree not to use the Website or the Services for any illegal purpose or 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.
6. Trade Business qualifications
- Rated People believe that its bespoke rating system provides Homeowners with the best independent feedback on the quality, value and reliability of a Trade Business. Furthermore, the willingness of a Trade Business to be rated may provide Homeowners with a level of confidence regarding the Trade Business's ability. Rated People carry out certain verification checks on Trade Businesses as more specifically set out in the Trade Business User Agreement although cannot guarantee any specific Trade Business's information or trade accreditation or registration on the Homeowner's behalf nor whether any such documentation is still valid or applicable to the individual or Sub-Contractor undertaking the Project at the time that a Project is undertaken.
- Notwithstanding the checks carried out by the Company, it is the responsibility of Homeowners to satisfy themselves that the Trade Business is solvent and has appropriately qualified and certified personnel or Sub-Contractors to complete the Project prior to accepting a quote. Where a specific trade accreditation or registration or CRB clearance is required to be held by a Trade Business for a particular Project the Company strongly advises the Homeowner to request sight of evidence of the applicable accreditation or registration from the Trade Business prior to the Trade Business commencing the Project, in accordance with the checklist submitted to the Homeowner by the Company prior to the commencement of the Project.
- The Company accepts no liability for any failure by the Homeowner to carry out appropriate checks in relation to a Trade Business.
7. The Company's rights
- The Company reserves the right to modify or discontinue all or part of, temporarily or permanently, the Website or the Service with or without notice to Homeowners and the Homeowners confirm that the Company shall not be liable to them or any Third Party for any modification to or discontinuance of the Website or the Service.
- The Company may change the Terms and Conditions from time to time and shall post such alterations on the Website and shall update the date upon which the Terms and Conditions were last modified at the beginning of the relevant document. If Homeowners do not agree to the changes made to the Terms and Conditions they must stop using the Website and the Service. Their continued use of the Website and the Service after the date the changes have been posted will constitute their acceptance of the amended Terms and Conditions.
- 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.
- The Company reserves the right to investigate and monitor any negative or, what it reasonably suspects to be, fraudulent ratings and to remove ratings and comments if it considers appropriate to do so.
8. Intellectual property rights
- To the extent that all copyright and other intellectual property rights throughout the world in the Homeowner Information does not vest in the Company by operation of law or the other provisions of this Agreement, the Homeowner hereby grants to the Company (free of charge) an exclusive, perpetual, royalty-free licence to use such information for any purpose.
- The Homeowner hereby acknowledges 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 the Homeowner.
- Without prejudice to the generality of the foregoing, if and to the extent that the Homeowner owns any or all of the Rights, the Homeowner hereby irrevocably and unconditionally assigns 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.
- The Homeowner agrees 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 Homeowner Information or from the Homeowners use of the Website or the Services.
10. Limitation of liability
- The Homeowner agrees that, except for death and personal injury arising from the Company's 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).
- The Company does not and cannot be involved in Homeowners' dealings with Trade Businesses (or any of its Sub-Contractors), and in the event that a Homeowner has a dispute with one or more Trade Businesses (or any of its Sub-Contractors), the Homeowner 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.
- 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.
- E-mails or other communications that are automatically generated from information provided by Homeowners and Trade Businesses 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. Accordingly 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.
- Without limiting the generality of Clause 1.5 of this User Agreement, Homeowners agree not to hold the Company responsible for any damages or other liabilities arising from a Project performed by any Trade Business.
- 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.
- While every reasonable care will be taken in respect of information supplied by the Homeowner, 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).
- 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.
- Without limiting the foregoing, the Company shall have no liability for any failure or delay resulting from any matter beyond the Company's reasonable control.
- Each of the provisions of this Clause 10 shall be construed separately and independently of the others.
- Should a Homeowner have a dispute with a Trade B usiness (or any of its Sub-Contractors), they must, in the first instance, address such dispute directly to the Trade Business concerned and feedback the results to the Company.
- The Company may at its sole discretion without being under legal obligation to do so, investigate any grievances held by Homeowners or Trade Businesses, and may discuss any investigation with all involved parties. However there are only three possible outcomes of a grievance investigation:
- the Homeowner and/or Trade Business may be allowed to continue using the Services of the Company;
- the Homeowner and/or Trade Business may be Suspended from using the Services of the Company for a period of time, at the discretion of the Company;
- the Homeowner and/or Trade Business may be banned indefinitely from using the Services of the Company.
- The Homeowner hereby agrees 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.
12. Suspension and termination
- The Company reserves the right to Suspend or discontinue its Service to a Homeowner, with immediate effect, as it sees fit and in circumstances including, but not limited to where the Company suspects that a Homeowner is in material breach of any term of the Terms and Conditions.
- 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.
- In the event that Service is Suspended in accordance with clause 12.1, the Homeowner will not be able to submit details of new Projects.
- The Company provides the Services to Homeowners on a free of charge basis.
- The Company charges Trade Businesses fees for using the Services as more specifically referred to in the Trade Business User Agreement.
- Clause headings are inserted for convenience only and shall not effect the construction hereof.
- 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.
- A Homeowner 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.
- Any express or implied waiver by the Company of any term or condition hereof or any breach or default by the Homeowner 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.
- 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). The Homeowner acknowledges that no reliance is placed on any representation made but not embodied herein.
- The provisions of Clauses 1, 2, 3, 8, 9, 10, and 14.6 shall survive termination of this Agreement.
- 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.
- No terms or conditions other than those set forth herein or any variation thereof under Clause 7.2 shall be binding upon the Company, unless in writing and signed on behalf of both the Company and the Homeowner.
- 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.
- Notwithstanding any other provision in this Agreement a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of this Agreement.
- 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.