Please read the following carefully. You are offered use of the Service based on the terms and conditions set out below. By using the service you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions you cannot use the service.
1.1 You acknowledge that it is Your responsibility to select a Trade Professional and to negotiate the terms of any work to be performed by the Trade Professional you have selected and that FairTrades makes no warranty regarding any goods or services purchased or obtained through our Website or the Services or any transactions entered into through our Website.
1.2 FairTrades relies on data provided by third parties to determine which Trade Professionals are included in the Database and does not recommend or endorse any specific Trade Professional.
1.3 FairTrades cannot accept any liability in respect of any contract or other agreement entered into between You and the Trade Professional and, in particular, but without limitation, FairTrades can accept no liability relating to the quality or fitness of any work performed or omitted to be performed by any Trade Professional.
DISCLAIMER OF WARRANTIES
3.1 The Website and the Services are provided on an "as is" and "as available" basis and FairTrades 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.
3.2 FairTrades makes no warranty that the Website or use of the Services will meet Your requirements or will be uninterrupted, timely, secure or error-free.
3.3 No warranty is given by FairTrades 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 You understand and agree that any material or data obtained through use of the Website or the Services is at Your own discretion and risk.
4.1 You agree to provide true, accurate, current and complete information when providing details to FairTrades.
4.2 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. 4.3 By signing up you are agreeing to allow us to automatically allocate you with a membership login that will be contained in your automated response e-mail and to periodically send you our newsletter and offers by email (you can unsubscribe from this service).
5.1 In consideration of FairTrades making the Website and the Services available to You, You:
5.1.1 are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access the Website;
5.1.2 accept responsibility for any content You provide on the Website;
5.1.3 agree not to use the Website or the Services for any illegal purpose and in accordance with all relevant laws;
5.1.4 agree not to use the Website or the Service to transmit or post any chain letters or any material for the purposes of publicity, promotion and/or advertising;
5.1.5 agree not to use the Website or the Services to distribute by any means computer viruses or worms to third parties;
5.1.6 agree not to use the Website or the Services to transmit or post any material which is defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
5.1.7 agree not to 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;
5.1.8 agree not to 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);
5.1.9 agree not to use the Website to attempt any unauthorised access to any part or component of the Website or that of any third party to which You can connect via the Website (or other directly or otherwise connected network);
5.1.10 agree 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 another party.
5.1.11 agree that in the event that You have any right, claim or action against any user arising out of the use of the Website or the Service, then You will pursue such right, claim or action independently of, or without recourse to FairTrades.
6.1 FairTrades reserves the right to modify or discontinue, all or part of, temporarily or permanently, the Website or the Service with or without notice to You and You confirm that FairTrades shall not be liable to You or any third party for any modification to or discontinuance of the Website or the Service.
6.2 FairTrades may change the terms and conditions from time to time.
6.3 The content, layout and organisation of the Website shall be subject to variation at the sole discretion of FairTrades.
6.4 In the event of FairTrades’ publication of the Website being restricted, curtailed or prevented by any law or any other act or thing beyond FairTrades' control, FairTrades may at any time, notwithstanding anything contained in this Agreement, forthwith terminate this Agreement in whole or in part.
INTELLECTUAL PROPERTY RIGHTS
7.1 To the extent that all copyright and other intellectual property rights throughout the world in information supplied by You in connection with the Website and the Services does not vest in FairTrades by operation of law, You hereby grant to FairTrades (free of charge) an exclusive, perpetual, royalty-free licence to use such information for any purpose.
7.2 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 FairTrades and nothing contained herein shall be construed so as to transfer any such rights to You.
7.3 Without prejudice to the generality of the foregoing, if and to the extent that the You own any or all of the Rights, You hereby irrevocably and unconditionally assign the Rights, with full title guarantee, to FairTrades for the full period of copyright and all renewals extensions and/or revivals thereof and thereafter in perpetuity, throughout the world.
8.1 You warrant and undertake that all information supplied by You shall be true and accurate and fairly obtained and shall not contain any defamatory material nor prejudice or infringe any copyright, right of privacy or publicity or similar right of any third party and that FairTrades may enjoy quiet possession of such information free from any disturbance, charge or encumbrance.
8.2 You agree to indemnify FairTrades forthwith on demand and hold FairTrades harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by FairTrades 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 information supplied to FairTrades by You or from Your use of the Website or the Services.
LIMITATION OF LIABILITY
9.1 Neither party shall, nor shall it purport to, exclude 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.
9.2 You acknowledge that FairTrades has no control over the information that can be accessed by using the Website and the Services and that FairTrades does not examine Your use of the Services or the nature of the information You are sending or uploading. FairTrades therefore excludes all liability of any kind for the transmission or reception or such information of whatever nature.
9.3 You agree that, except for death and personal injury arising from our negligence, FairTrades 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 FairTrades has been advised of the possibility of such loss or damage).
9.4 You agree not to hold FairTrades responsible for any damages or other liabilities arising from work performed by any Trade Professional. FairTrades does not and cannot be involved in Your dealings with Trade Professionals, or control whether or not Trade Professionals will complete any work as agreed and in the event that You have a dispute with one or more Trade Professionals, You hereby release FairTrades (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.
9.5 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.
9.6 While every reasonable care will be taken in respect of information supplied by You, FairTrades cannot accept liability for any information placed or omitted to be placed on the Website (whether or not any such liability is occasioned by FairTrades' fault or negligence or otherwise).
9.7 Without limiting the foregoing, FairTrades 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 FairTrades' affecting production or delivery of the Website and any information incorporated in it in any manner or any of its obligations under this Agreement.
9.8 Each of the provisions of this Clause 9 shall be construed separately and independently of the others.
10.1 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.
11.1 Clause headings are inserted for convenience only and shall not effect the construction hereof.
11.2 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.
11.3 You may not assign, transfer or sub-contract any of its rights hereunder without the prior written consent of FairTrades. FairTrades may assign, transfer or sub-contract all or any of its rights web/hereunder.
11.4 Any express or implied waiver by FairTrades of any term or condition hereof or any breach or default by You may be terminated by FairTrades at any time. No such waiver shall constitute a continuing waiver nor shall it prevent FairTrades from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.
11.5 This Agreement constitutes the entire agreement between FairTrades and You as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). You acknowledge that no reliance is placed on any representation made but not embodied herein.
11.6 The provisions of Clauses 2, 3, 7, 8, 9, and 11.6 shall survive termination of this Agreement.
11.7 Any notice to be given under this Agreement may be given via email, regular mail, facsimile or by hand to the address provided on the Website or otherwise as notified by one party to the other.
11.8 No terms or conditions other than those set forth herein or any variation thereof under Clause 6.2 shall be binding upon FairTrades, unless in writing and signed on behalf of both FairTrades and You.
11.9 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.
11.10 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.