Terms & Conditions - Disclaimer
The following terms (together with the documents referred to therein) govern your use of this website www.yoursubcontractors.com (the “site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them.
As a Contractor
- Definitions
- Account means the online account you registered to in order to find a Subcontractor.
- Business Contractor means a Contractor who is acting in the course of business.
- Consumer Contractor means a Contractor looking to engage a Subcontractor purely for their own or domestic use and not acting in the course of business.
- Contractor (“you” and “your”) means the person or entity commissioning the Service Contract.
- Data Protection Legislation means the UK Data Protection Legislation and (for so long as and to the extent that the law of the EU has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable EU regulation relating to data protection and privacy.
- Engagement means any communication between you and a Subcontractor either in writing, by verbal exchange, in person, telephone, email, SMS, WhatsApp (or any other social media messaging service).
- Intellectual Property means intangible property rights which are a result of intellectual effort which include but are not limited to patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Review means any comment or photograph uploaded by you on a Subcontractor’s profile.
- Service Contract means an agreement reached between you and the Subcontractor. A Service Agreement can be reached in writing, by verbal exchange, in person, telephone, email, SMS, WhatsApp (or any other social media messaging service).
- Service means the website, yoursubcontractors.com, made available to Contractors in order to search and discover Subcontractors and made available to Subcontractors in order to advertise their trade, business or other service and any procedure or other service that is provided by Yoursubcontractors.com.
- Subcontractor means any business, partnership, sole trader or individual who registers on the Site in order to provide services or professional advice to a Contractor.
- com (“we,” “us,” “our,” and “ours”) means Your Subcontractors LTD registered in England and Wales with company number 11852653 at The Base, Dallam Lane, Warrington, Cheshire, England, WA2 7NG.
- Interpretation
- These terms tell you the rules for using our website www.yoursubcontractors.com (our Site). By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms the you should not use our Site.
- We may amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
- Intellectual Property Rights
- We are the owner or the licensee of all intellectual property rights in and to our Site, including all the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- If we require use of any of your Intellectual Property in order to provide the Services or otherwise take the benefit of any of these terms, you hereby grant Yoursubcontractors.com a perpetual, non-exclusive, royalty free, worldwide licence to use such Intellectual Property in relation to the provision of the Services.
- Account Details
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of your Account, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable your Account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly amend your Account details.
- Disclaimer
- This clause should be read in conjunction with our Disclaimer available on our website.
- The appearance of a Subcontractor on the Site does not imply our approval of the Subcontractor.
- Warranties
- We warrant that we will use reasonable care and skill in making the Service and the Site available to you. We will use reasonable endeavours to correct any faults with the Site.
- We give no warranty as to the availability or functionality of the Site.
- You accept and agree that we give no warranty as to the suitability of any Subcontractor for any Service Contract nor do we make any representation about the skills or quality of any Subcontractor.
- Consumer Contractors
- This clause 7 is only applicable to Consumer Contractors. This clause does not apply to Business Contractors.
- You agree that we will not be liable for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with the use of our Site and any subsequent Engagement or Service Contract you enter into with a Subcontractor.
- We are only responsible to Consumer Contractors for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for the loss or damage the Consumer Contractor suffers that is a foreseeable result of Your Subcontractors breaking these terms or failing to use reasonable care and skill in the performance of the Services. We are not liable for any loss or damage that is not foreseeable.
- If the Contractor, having told us that they are acting as a Consumer Contractor, uses the Services for any business purpose clause 8 shall apply.
- Business Contractors
- This clause 8 is only applicable to Business Contractors. This clause does not apply to Consumer Contractors.
- The Business Contractor undertakes to indemnify us on demand against all losses liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with your failure to comply with these terms.
- All warranties, conditions and other terms implied by statues or common law are, to the fullest extent permitted by law, excluded from the terms of this agreement.
- Subject to clause 8.5, we shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods and/or similar losses, and/or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
- Nothing in these terms shall limit or exclude our liability in the case of our fraud or for death or personal injury caused by our negligence.
- Contractor Review
- All Contractors will have the opportunity to provide a Review for any Subcontractor.
- You warrant that any Review submitted by you is a true and genuine reflection of your reasonable opinion of the Subcontractor.
- All Reviews submitted by you should be submitted with the upmost respect and free from any illegal behaviour, profanity, defamatory or any other form of abuse.
- Although we have no obligation to screen or monitor any content posted in a Contractor Review, we reserve the right to, and at our absolute discretion, remove, screen, or edit without notice any Review at any time for any reason.
- As we do not control any content posted by fellow Contractors in any Review, you understand that:
- we are not responsible for, and do not endorse, any content in the Review;
- We do not make any warranties as to either the truth or the accuracy of Reviews; and
- We assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content in any Review.
- You agree to indemnify us against any loss or damage arising from any claim made by a Subcontractor or a third party in relation to any content in a Review that you have uploaded.
- Payment and Tax Obligations
- You understand that your Service Contract is between you and the Subcontractor only. All payment obligations (including any VAT or similar or other tax charge) are to be agreed and discharged between you and the Subcontractor. YourSubcontractors.com has no liability in relation to any payments (including any VAT or similar or other tax charge) due under or in relation to the Service Contract.
- You agree to indemnify Yoursubcontractors.com in relation to any claim which may arise from non-payment of any tax, levy, duty or other charge arising from any payment obligations in the Service Contract and/or from any tax we are obliged to pay in relation to the Service Contract (excluding any tax or VAT on Our profits).
- Uploading Content
- When you write a Review, or upload or post any other form of content or on our Site, you grant us an irrevocable licence to publish and reproduce such content on the Site.
- We are not responsible for viruses and you must not introduce them to our Site.
- We do not guarantee that our Site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
- You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
- Data Protection Rights
- We undertake to comply with the relevant Data Protection Legislation in relation to the Services.
- This clause should be read in conjunction with our Privacy Policy which can be accessed here.
- General
- These terms and conditions, together with the Privacy Policy and Disclaimer constitutes the entire terms agreed between the parties in relation to the Service.
- Each right or remedy of the parties in these terms is without prejudice to any other right or remedy of that party whether under these terms or not.
- In using the Services you confirm that you do not rely on any statement, representation, assurance or warranty other than as expressly set out in these terms.
- If any provision in these terms are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these terms and the remainder of such provision shall continue in full force and effect.
- Failure or delay by a party in enforcing or partially enforcing any provision of these terms shall not be construed as a waiver of any of its rights under the terms.
- No variation of these shall be effective save for those variation from time to time in accordance with clause 2.2.
- For the purpose of the Contracts (Rights of Third Parties) Act 1999, these terms do not intend to, and do not give, any person who is not a party any right to enforce any of its provisions.
- The formation, existence, construction, performance, validity and all aspects of this agreement and any and all matters relating to it shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts
As a Subcontractor
- Definitions
- Account means the online account you subscribed for.
- Contractor means the person or entity commissioning the Service Contract.
- Data Protection Legislation means the UK Data Protection Legislation and (for so long as and to the extent that the law of the EU has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable EU regulation relating to data protection and privacy.
- Engagement means any communication between you and a Contractor either in writing, by verbal exchange, in person, telephone, email, SMS, WhatsApp (or any other social media messaging service).
- Intellectual Property means intangible property rights which are a result of intellectual effort which include but are not limited to patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Review means any comment or photograph uploaded the Contractor on your Account.
- Service Contract means an agreement reached between you and the Contractor. A Service Contract can be reached in writing, by verbal exchange, in person, telephone, email, SMS, WhatsApp (or any other social media messaging service).
- Service means the website, yoursubcontractors.com, made available to Contractors in order to search and discover Subcontractors and made available to Subcontractors in order to advertise their trade, business or other service and any procedure or other service that is provided by Yoursubcontractors.com.
- Subcontractor (“you” and “your”) means any business, partnership, sole trader or individual who subscribes on the Site in order to provide services or professional advice to a Contractor.
- Subscription Form means the form that you complete on the Site in order to subscribe.
- Subscription Date means the date you submit your Subscription Form and pay the Subscription Fee.
- Subscription Fee means £1.00 per day payable in one £365.00 sum on the Subscription Date.
- Term means one year from the Subscription Date, rolling-over annually unless terminated in accordance with clause 11.
- com (“we,” “us,” “our,” and “ours”) means Your Subcontractors LTD registered in England and Wales with company number 11852653 at The Base, Dallam Lane, Warrington, Cheshire, England, WA2 7NG.
- Interpretation
- These terms tell you the rules for using our website www.yoursubcontractors.com (our Site). By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms the you should not use our Site.
- We may amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
- Intellectual Property Rights
- We are the owner or the licensee of all Intellectual Property rights in and to our Site, including all the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- If we require use of any of your Intellectual Property in order to provide the Services or otherwise take the benefit of any of these terms, you hereby grant Yoursubcontractors.com a perpetual, non-exclusive, royalty free, worldwide licence to use such Intellectual Property in relation to the provision of the Services.
- Account Details
- By submitting your Subscription Form for an Account, you warrant that the information provided to us is full and accurate and not misleading or untrue in any way.
- If you become aware that any information is inaccurate, or you would like to update your Account details, it is your responsibility to make those changes.
- When you are provided with a user identification code, password or any other piece of information as part of your Account, you must treat such information as confidential. You must not disclose it to any third party.
- If you know or suspect that anyone other than you know your user identification code or password, you must promptly amend your Account details.
- We have the right to disable your Account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
- Subscription Fee
- Upon completing the Subscription Form you will pay the Subscription Fee.
- The Subscription Fee is payable annually, on the anniversary of your Subscription Date.
- If your Subscription Date falls on the 29th February, then your Subscription Fee will be payable annually on 28th
- Disclaimers, Warranties and Limitation of Liability
- This clause 6 shall be read in conjunction with the Disclaimer
- We warrant that we will use reasonable care and skill in making the Service and the Site available to you but We give no warranty as to the availability or functionality of the Site.
- Should we breach the warranty and clause 6.2, your exclusive remedy, shall be limited to £1.00 per business day the Service was unavailable to you.
- You agree that we will not be liable for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with the use of our Site and any subsequent Engagement or Service Contract you enter into with a Contractor.
- Under no circumstance will we be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred by you as a result of a Contractor’s Review. Nor shall we be responsible or liable for any defamation, slander, libel, omissions, falsehoods or obscenity you may encounter as a result of a Review.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
- We do not make any representation or endorsement regarding any Contractor including but not limited to matters relating to the work, their character or their financial standing. It shall be your sole responsibility to satisfy yourself regarding the Contractor and whether you want to work for them.
- Nothing in these terms shall limit or exclude our liability in the case of our fraud or for death or personal injury caused by our negligence.
- Indemnity
- You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a fully indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
- any breach of these terms and conditions;
- any inaccurate or misleading information supplied by you in your subscription form;
- any claim by a third party arising out of or in connection with the Service Contract; and
- to the extent provided by law, any claim by a third party for death, personal injury or damage to property arising out of the Service Contract.
- You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a fully indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
- Contractor Reviews
- All Contractors will have the opportunity to provide a Review for any Subcontractor. You understand that any content posted in a Review by the Contractor is the sole responsibility of the person from whom the content originated we do not control any content posted in a Review by a Contractor.
- Although we have no obligation to screen or monitor any content posted in a Contractor Review, we reserve the right to, and at our absolute discretion, remove, screen, or edit without notice any Review at any time for any reason.
- If you receive 3 or more Reviews of 3 out of 5 stars or less in any 6-month period, we reserve the right to refuse to make the Services available to you.
- In circumstances where your Account is either suspended or removed in accordance with clause 8.3, your Subscription Fee is non-refundable.
- We reserve the right to, but shall not be obliged to, contact any Contractor to confirm the authenticity of their Review.
- Payment and Tax Obligations
- You understand that your Service Contract is between you and the Subcontractor only. All payment obligations (including VAT or any similar or other tax charge) are to be agreed and discharged between you and the Subcontractor. YourSubcontractors.com has no liability in relation to any payments (including VAT or any similar or other tax charge) due under or in relation to the Service Contract.
- You agree to indemnify Yoursubcontractors.com in relation to any claim which may arise from non-payment of any tax, levy, impost, duty or other charge arising from any payment obligations in your Service Contract or from any tax we are obliged to pay in relation to the Service Contract (excluding any tax or VAT on Our profits).
- Uploading Content
- When you upload or post any other form of content or on our Site, you grant us an irrevocable licence to publish and reproduce such content on the Site.
- We are not responsible for viruses and you must not introduce them to our Site.
- We do not guarantee that our Site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
- You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
- Termination
- Your Account may be terminated by written notice if:
- You are in material breach of the terms and conditions and this breach is not remedied within 10 business days; and
- In the event of any circumstances in clause 3.
- You may terminate your Subscription by giving not less than 1 month’s written notice before your Subscription Date.
- If you fail to terminate in accordance with clause 11.2 then your Subscription will rollover for another Term and your Subscription Fee will be taken automatically on the Subscription Date.
- Your Account may be terminated by written notice if:
- Data Protection Rights
- We undertake to comply with the relevant Data Protection Legislation in relation to the Services.
- This clause should be read in conjunction with our Privacy Policy which can be accessed here.
- General
- These terms and conditions, together with the Privacy Policy and Disclaimer constitutes the entire terms agreed between the parties in relation to the Service.
- Each right or remedy of the parties in these terms is without prejudice to any other right or remedy of that party whether under these terms or not.
- In using the Services you confirm that you do not rely on any statement, representation, assurance or warranty other than as expressly set out in these terms.
- If any provision in these terms are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these terms and the remainder of such provision shall continue in full force and effect.
- Failure or delay by a party in enforcing or partially enforcing any provision of these terms shall not be construed as a waiver of any of its rights under the terms.
- No variation of these shall be effective save for those variation from time to time in accordance with clause 2.2.
- For the purpose of the Contracts (Rights of Third Parties) Act 1999, these terms do not intend to, and do not give, any person who is not a party any right to enforce any of its provisions.
- The formation, existence, construction, performance, validity and all aspects of this agreement and any and all matters relating to it shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts
Disclaimer
Your Subcontractors Ltd makes no representations or warranties of any kind, either express or implied, as to the competency, qualification, accuracy, reliability, suitability or availability of the [Trader’s/Members] listed on this website or the information, products or services contained in these pages or their fitness for any purpose and/or approval of trade related bodies, organisations and associations whatsoever.
From time to time, Your Subcontractors Ltd may make changes to the information on the Website to reflect changes in the price, product or services. All Website users or visitors are responsible for verifying the accuracy of any information on the Website before entering into any financial, contractual or other commitment based upon them. Any reliance on such information is therefore entirely at your own risk. The information on this Website is not provided for any specific purpose and does not constitute legal, regulatory, financial or other professional advice, and should not be relied upon or treated as a substitute for specific advice relevant to particular circumstances or trade.
Whilst Your Subcontractors Ltd will not exclude or limit in any way their liability to you where it would be unlawful to do so, Your subcontractors Ltd will not be held liable in contract, tort (including without limitation negligence) and/or breach of statutory duty for any direct, indirect, special, incidental or consequential loss or damage of any nature arising out of or in connection with the access or use of this Website, or from any reliance that may be placed by any person on any of the information contained therein or arising out of any relationship and/or communication established between the Trader’s and Website users or visitors.
Whilst Your subcontractors Ltd will make every effort to ensure otherwise, Your Subcontractors Ltd do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Your Subcontractors Ltd does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
External Websites
The Website contains links to external third party websites to help you find information that may be relevant to you. Your Subcontractors Ltd does not endorse or guarantee any external organisations, products, services or advice included in such external organisations website links nor do they guarantee the accuracy, relevance, timeliness, or completeness of the information contained within them. External website links are provided solely as a service for Website users or visitors information and convenience, and Your Subcontractors Ltd does not control, approve, or endorse these websites or the information contained therein.
If you access (or provide information to) any of the external websites linked on this Website, you do so entirely at your own risk and Your Subcontractors Ltd accepts no responsibility for any loss or damage that you may suffer as a result.