Thursday 17 Jan 2019
[@]Website Terms & Conditions
"Company" means - Unlock Manchester wholy owned by Canal St Manchester Ltd (registered company number: 06114971) whose registered office is at Unit 77, CARIOCCA BUSINESS PARK, SAWLEY ROAD, MILES PLATTING, Manchester, M40 8BB including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to The Company.
"User/s" means - person, persons, companies or other organisations using the Services of the Company in order to be able to use the services from Businesses and/or their Sub-Contractors.
"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 and commissions from Users.
"Work/s" means - work undertaken by a Business at the request of the commissioning User.
"Sub-Contractor(s)" means - contractors, sub-contractors, and sole traders, or any other person or company (or contemplated by the Business to be likely to work) with or for or on behalf of a Business in connection with works.
"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. Website General disclaimer
a. Website users acknowledge that it is their responsibility to select a Business and to negotiate the terms of any work or Project to be undertaken by the Business and/or of its Sub-Contractors. The Company makes no warranty regarding any goods or services purchased or obtained through the Website.
b. The Company relies on information provided by the Businesses and thier clients to determine which are included in the listings on the Website and does not recommend or endorse any specific Business.
c. The Company cannot accept any liability in respect of any contract or other agreement entered into between a website user and the slected Business or Businesses. In particular, but without limitation, the Company can accept no liability relating to the quality or fitness of any works performed or omitted to be performed by any Business, or any of its Sub-Contractors, and accordingly shall not be liable to the website user for any dispute, act or omission resulting from any dealings between the website user and the 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 website user howsoever arising.
2. Warranties Disclaimer
a. 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.
b. 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.
c. 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 Website user understands and agrees that any material or data obtained through use of the Website or the Services is at their own discretion and risk.
3. Website User obligations
In consideration of the Company making the Website and the Services available to Users:
a. Agree not to use the Website or the Services in any other way save as expressly authorised by the Company's Terms and Conditions.
4. The Company's Rights
a. 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. Website Users 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.
b. 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.
c. 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.
5. Intellectual property rights
a. 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 (without any charge) an exclusive, perpetual, royalty-free licence to use such information for any purpose.
a. Website Users 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. this includes without limitation any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices arising from the Users use of the Website and/or the Services.
7. Limitation of liability
a. The User 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).
b. The Company does not and cannot be involved in Users' dealings with Businesses, or any of its Sub-Contractors, and in the event that a User has a dispute with one or more Businesses, or any of its Sub-Contractors, the User 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.
c. 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.
d. E-mails or other communications that are automatically generated from information provided by Users and 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.
e. Without limiting the generality of Clause 1.5 of this User Agreement, Users agree not to hold the Company responsible for any damages or other liabilities arising from a Works performed by any Business.
f. 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.
g. While every reasonable care will be taken in respect of information supplied by the User, 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).
h. 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.
i. 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.
a. Should a User have a dispute with a Business, or any of its Sub-Contractors, they must, in the first instance, address such dispute directly to the Business concerned and feedback the results to the Company.
b. The Company may at its sole discretion without being under legal obligation to do so, investigate any grievances held by Users or Businesses, and may discuss any investigation with all involved parties. However there are only three possible outcomes of a grievance investigation:
- the User and/or Business may be allowed to continue using the Services of the Company;
- the User and/or Business may be Suspended from using the Services of the Company for a period of time, at the discretion of the Company;
- the User and/or Business may be banned indefinitely from using the Services of the Company.
c.The User hereby agrees to release the Company from any damages or claim, 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.
a. Clause headings are inserted for convenience only and shall not effect the construction hereof.
b. 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.
c. 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.
d. 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.
e. 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.
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