Free Claimed Profile Membership Terms and Conditions
Version Date: July 2020
WHO WE ARE?
1. We are Vetted Limited, trading as ‘checkatrade.com’ a company incorporated in England & Wales (company number 04285394)) with its registered office at Checkatrade Portsmouth, Building 2000, Lakeside North Harbour, Western Road, Portsmouth, PO63EN (‘we’, ‘us’ or ‘our’ being interpreted accordingly).
2. We operate the Checkatrade network of recommended, vetted and monitored professional providers of trades and services (‘Checkatrade Network’) which has a corresponding website, currently located at www.checkatrade.com (‘Site’). We also publish and distribute hard copy directories providing information on certain Checkatrade Network professional providers of trades and services in particular local areas (each a ‘Directory’ or ‘Directories’)
3. We are currently trialling a new free service to offer traders the opportunity to claim their profile listing for free on our Site.
WHAT ARE THESE TERMS FOR?
4. These terms and conditions (‘Terms’) is our agreement with you, the trader identified in the sample profile provided to you that applies your appearance on our Site.
5. By claiming your free profile on our Site you agree to be bound by these Terms. Our continuation of your listing on our Site depends on you complying with these Terms.
HOW WE MAY UPDATE THESE TERMS?
6. Please note that we may sometimes update or modify these Terms. If we do this, we shall provide at least 7 days’ written notice of the updated or modified Terms by posting a notice on the Checkatrade blog area of our Site (currently accessible through the URL www.checkatrade.com/blog/checkatrade-trade-free-listings-terms-and-conditions/ and upon expiry of such notice the updated or modified Terms shall take effect and replace these Terms (becoming the Terms hereunder). We recommend that you access the Blog regularly for any such updates, modifications of other important Membership notifications.
OUR MUTUAL AGREEMENT
7. We agree to abide by these Terms and provide you with your free profile on our Site.
8. You agree to comply with all relevant policies, including our Code of Conduct and Ethics Site and other policies or codes that are generally applicable.
9. In the event of any conflict or inconsistency between these Terms and any other purported contract documents, terms and conditions, codes of conduct or policies, you agree that these Terms shall be the governing document.
HOW DO YOU CLAIM YOUR FREE PROFILE
10. Your entitlement to have your free profile listed on our Site is subject to us having completed some basic independent checks on your business including on search engines and by reviewing social media business pages.
11. You acknowledge that us accepting your profile listing on our Site is entirely at our discretion and we may decide for any reason to reject your claim.
HOW WE MAY SHARE INFORMATION ABOUT YOU AND OTHERS
12. As part of your listing on our Site, you will be required to provide certain information relating to you and/or your business as well as its officers, directors, partners, employees, agents, suppliers or contractors. You must make sure you have the necessary permissions or clearances to share this information (including any individual’s personal data) with us.
13. You undertake and warrant to us that all information you provide to us is complete and accurate. Any changes to your circumstances or other developments that could affect your ability to comply with these Terms or that may affect the accuracy or relevance of information about you on our Database, any listings on our Site or in any Directory must be reported to us in full without delay. Failure to comply with this paragraph is a material breach of these Terms and will entitle us to immediately remove your profile on written notice without liability to you.
HOW LONG WILL YOUR PROFILE BE AVAILABLE ON THE SITE?
14. You] We will retain your free profile for up to 7 years, after which point we will contact you to determine whether you would like your listing to continue to be published on Checkatrade.com. At any point in time you may request that your profile be removed from Checkatrade.com by sending your request to [email protected].
WHAT DO YOU RECEIVE AS PART OF YOUR FREE PROFILE LISTING
15. Relevant details relating to you and your trade, profession or business that have been provided by you will be entered on to our database of tradesman and professionals (‘Database’). Your details will be listed as part of our Checkatrade Network and the following will apply to your profile listing: You will receive a unique and local business landline to enable Checkatrade users to contact you. Checkatrade will monitor this line in order to help improve security and prevent scams emails and nuisance ca; You will have the ability to provide a text description of your business up to 650 characters in length; and reviews that have been collected via the Site will be published alongside your listing. (For the avoidance of doubt all reviews collected for your business by Checkatrade will be published alongside your listing; you will not be able to request that some or all of your reviews be removed from Checkatrade) unless you request that your entire profile is removed from the Site.
YOUR OBLIGATIONS TO US
16. You shall indemnify us and keep us fully and effectively indemnified against all actions, claims, demands, damages, liabilities and corresponding costs and expenses we incur (including professional legal fees) arising out of the following:
a) any claims under an agreement or arrangement made between you and any Checkatrade Customer or other user of our Database, Site or Directory;
b) any false, inaccurate, out of date or misleading Details or other information provided by you which is entered on to our Database, Site or Directory;
c) any third-party claims or actions against us arising out of you acting or omitting to do something in breach of these Terms, or applicable law; or
d) where we are joined into any legal action or proceedings brought by a Checkatrade Customer, regulatory body or other third party against you in relation to your alleged acts or omissions although the above indemnity shall not apply to the extent that a third party claim or action for which such indemnity is sought by us would not have arisen but for our own negligence or wilful misconduct.
INTELLECTUAL PROPERTY AND YOUR LIMITED RIGHT TO USE OUR NAME OR LOGO
17. The intellectual property rights (including the rights to any inventions or patents, copyright, design rights, trade marks, goodwill in relation to any business names or signs, domain names, database rights, know-how and other intellectual property rights, whether registered or unregistered, existing anywhere in the world) in relation to our Database, Site or Directory (and their respective contents) (‘Checkatrade IP’) belong to us and except to the extent expressly set out in these Terms you acquire no right, title or interest in such Checkatrade IP.
18. You must not copy, modify, adapt, distribute, publicly share or make available, rent or lend, republish, frame, provide links to or upload any Checkatrade IP or any data, content or material (in any form) extracted or copied from our Membership Database, Site or Directory for any commercial purpose without our prior written consent.
PLEASE READ THESE WARRANTIES AND ACKNOWLEDGEMENTS
19. You represent, undertake and warrant to us that at all times:
a) you have legal authority and capacity to provide the products or services you are listed for on our Database (and are not aware of any legal ruling, prohibition or order that could impact on your ability to do so);
b) you will provide your goods or services to Checkatrade Customers lawfully at all times and not infringe (or permit your officers, employees or contractors to infringe) any laws, regulations, industry codes of conduct, regulatory guidance, any regulatory decisions or court orders;
c) you will not act in any way which in our reasonable opinion is likely to have an adverse impact on the operation of the Database, Site or any Directory, Checkatrade Customers or the public in general;
d) you will take full responsibility for you (and your officers, employees, contractors or agents) performing services to Checkatrade Customers under a written contract;
f) you (and your employees, contractors or agents) will perform all services to Checkatrade Customers lawfully and in accordance with ‘good industry practice’ meaning such professional standards of skill, care, timeliness and diligence that a competent tradesman with your professed expertise would be expected to perform;
h) you shall ensure that your employees and contractors are suitably fit and qualified to perform professional services to Checkatrade Customers in a manner consistent with your obligations under these Terms; and
j) you and any agents or contractors you engage to supply goods or perform professional services to Checkatrade Customers: (i) comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes of practice from time to time in force, including the Modern Slavery Act 2015; and (ii) have not been convicted of any offence involving slavery and human trafficking (and are not knowingly subject to any claim, investigation or proceedings alleging commission of such an offence). You also agree that from time to time you may be required by Checkatrade to provide further information or take such steps as may be reasonably required by us to verify or confirm the forgoing.
20. You accept and acknowledge that:
b) we cannot 100% guarantee that you will enjoy any increased business as a result of your profile listing on our Site;
c) the oversight of your business; safeguarding of its reputation; your professional conduct; your provision of goods or services; and management of your customer relationships remains solely your own responsibility and you agree to promptly respond (in a professional manner) to any customer complaints or issues that we notify you of from time to time;
d) we cannot guarantee that all of our Site will be available on a continuous basis (and there may be interruptions in online services due to maintenance or other events beyond our control); and
e) on occasion, we may add to, remove or update the Database, Site or any Directory (or the design, contents or presentation of each) as we deem appropriate, without any liability to you as to when or how we do this.
21.You shall attempt to resolve any disputes you have with us amicably and use reasonable endeavours to avoid the need for court proceedings, following the procedure below:
a) You will provide a written notice to us of any dispute you have in relation your free profile, setting out its nature and particulars (which will be genuine and served in good faith) (‘Dispute’) and the following Dispute Resolution Procedure will be followed:
i) On you providing us with this notice of Dispute, our customer services team and you will attempt to resolve the Dispute through discussion and reasonable co-operation;
ii) In the event that such Dispute is then still not resolved within 30 days of such Dispute notice it will be referred to a senior officer of each party;
iii) If the Dispute is still not resolved within a further 30 days following referral to a senior officer, either party may exercise other legal rights or remedies available to it in accordance with these Terms.
b) The commencement of the above Dispute Resolution Procedure will not prevent us, if we deem it reasonably necessary, from taking action to protect our business or reputation in the meantime, including exercising any rights of suspension, probation or termination of your free profile as described in these Terms nor will it restrict us from taking court action (including seeking injunctive relief) or seeking other legal remedies we believe necessary to safeguard our Checkatrade IP, Marks and/or goodwill.
22. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE LIABILITY (ON OUR OWN BEHALF AND ON BEHALF OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES) FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; OR (II) ANY LOST REVENUE OR ANTICIPATED SAVINGS, CONTRACTS, LOST DATA, REPUTATION OR ECONOMIC LOSS HOWSOEVER ARISING (AND WHETHER DIRECT OR INDIRECT) FROM USING OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. IN PARTICULAR, WE SHALL NOT BE LIABLE TO YOU OR YOUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES FOR ANY ECONOMIC DAMAGE OR LOSS (WHETHER DIRECT OR INDIRECT INCLUDING LOSS OF REVENUE OR ANTICIPATED PROFITS; LOSS OF ANY FUTURE BUSINESS OR OPPORTUNITIES; DAMAGE TO GOODWILL OR REPUTATION AND ANY OTHER COSTS OR EXPENSES) SUFFERED OR ALLEGED TO HAVE BEEN SUFFERED AS A RESULT OF (A) THE PUBLICATION OF ANY FEEDBACK OR OTHER POSTING PUBLISHED ON THE SITE OR ELSEWHERE BY A CHECKATRADE CUSTOMER OR SITE USER; (B) ANY OTHER EVENT OR CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL, INCLUDING ANY DELAY, ERROR OR OMMISSION COMMITTED BY ROYAL MAIL OR ANY OTHER REPUATBLE DELIVERY COMPANY WHO WE ENGAGE TO DELIVER DIRECTORIES ON OUR BEHALF.
23. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN RELATION TO OUR MEMBERSHIP DATABASE, SITE, DIRECTORY OR ANY MEMBERSHIP SERVICES WE PROVIDE (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING REPRESENTATIONS, WARRANTIES, CONDITIONS OR TERMS RELATING TO AVAILABILITY, QUALITY OR FITNESS FOR PARTICULAR PURPOSE OR RESULTS ACHIEVED FROM YOUR BEING A MEMBER OR USING MEMBERSHIP SERVICES.
REMOVAL OF YOUR PROFILE
25. We may remove your profile listing from our Site at any time without notice.
26. You confirm that you are not agreeing to these Terms in reliance of any representation made by us other than those which are expressly set out here in writing. All descriptions and other information in our advertising and publicity material are illustrations only and do not form part of these Terms. These Terms constitutes the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between ourselves relating to your profile listing and our Services, whether written or oral.
27. Should any part of these Terms be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect.
28. We may assign any of our rights and transfer, delegate or subcontract any of our obligations under these Terms.
29. In these Terms the use of the words ‘includes’, ‘including’ or ‘in particular’ shall be treated as illustrative only and are not intended to limit or restrict the general meaning of the preceding words or phrases.
30. These Terms are subject to English law. To the maximum extent legally permitted, you agree that any dispute relating to the Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales and any proceedings relating to a dispute shall be in the English language.
31. Any notice to be given in writing under these Terms must be sent to us by registered mail or by hand (or by email, provided that it is confirmed by written evidence of receipt) to our registered address (as detailed above) or to you at the most recent address provided to us for inclusion on our Database.