Platform Terms of Use
23 June 2024
1. INTRODUCTION
Welcome to Checkatrade! Our mission is to connect our customers with approved local tradespeople. By using our platform, customers can search for, find and contact tradespeople in their local area, and tradespeople can advertise and offer their services to customers.
1.1 Who we are
1.1.1 The platform is provided to you by us, Vetted Limited, trading as “Checkatrade”. Our registered office is at Building 2000, Lakeside North Harbour, Western Road, Portsmouth, England, PO6 3EN. Our registered number is 04285394.
1.1.2 For the purposes of these terms, “Checkatrade”, “we”, “us” or “our” means Vetted Limited, trading as “Checkatrade”. The words “you”, “your” or “user” means you, as a user of the platform, whether you are a customer or a tradesperson. Any terms applicable to a “customer”, “tradesperson” or “tradespeople” specifically are identified as such.
1.1.3 Checkatrade operates the platform to be able to introduce customers and tradespeople – matching customers to opportunities for home improvement and other services offered by its directory of vetted tradespeople. Checkatrade’s responsibility in offering the platform is strictly limited to its role as operator of the platform, and it is not responsible for the quality, standard, delivery or any other elements of workmanship offered by any tradesperson, or any engagement entered into between a customer and a tradesperson pursuant to the use of the platform.
1.1.4 These terms of use (“Terms”) operate to form the basis on which the platform can be used and is operated. They do not govern the relationship between a customer and a tradesperson for services. Any arrangement made between a tradesperson and a customer is a separate contract to which Checkatrade is not a party and has no liability and no responsibility.
1.1.5 These Terms set out the rights and obligations of Checkatrade, its customers, and tradespeople in relation to the use of the platform. You should read them carefully and let us know if you have any concerns or questions before proceeding to use the platform. You can contact us by going directly to our Contact Us page.
1.2 How to use our Platform
1.2.1 The platform comprises not only the website we operate at Checkatrade.com and all other domains that we may own or control from time to time, but also our apps (trade and consumer) as well as any web or mobile platform we host and the related pages, sub-domains and tools, content, blogs and other information or subject matter contained therein.
1.2.2 The platform should be used in accordance with all terms, conditions, policies and other relevant information and guidance from time to time in force.
1.3 Compliance with terms
1.3.2 Before using the platform, you must read these Terms carefully so that you understand what you can expect from us and what we expect from you.
1.3.2 These Terms will also refer to our Checkatrade Privacy Notice (for customers only), Trade Privacy Notice (for tradespeople only), Cookie Policy, Acceptable Use Policy, Deactivation Policy and the Checkatrade Guarantee (for customers only), which are applicable to your use of the platform and are incorporated by reference within these Terms.
1.3.3 If you are a tradesperson, your contract with us for services is referred to here as your “Membership Contract” and is a separate agreement between you and us which sets out how you become a member of Checkatrade, what terms and conditions apply to your membership and what membership services we will provide to you. Both these Terms and the Membership Contract will apply to you as a tradesperson.
1.3.4 If at any time you do not agree or cannot comply with these Terms, you should immediately cease using the platform.
2 NATURE OF USE
2.1 In using, accessing and continuing to use the platform (including search and messaging functionality) you are agreeing to comply with and be bound by these Terms. If you do not agree to abide by these Terms you should not use the functionality of or continue or begin to access the platform.
2.2 Provision of Platform
2.2.1 The platform is intended for use only by those who can access it from within the United Kingdom. While access may be possible from outside the United Kingdom, the platform is not intended for such use. You may use the platform only for lawful purposes; therefore, you may not use the platform in any way that breaches any applicable local, national, or international law or regulation.
2.2.2 You acknowledge that your agreement with your mobile network and/or internet service provider will apply in respect of your use of data in connection with your use of the platform and that you may be charged by your mobile network and/or internet service provider in respect of such use. You are responsible for such charges. If you are not the bill payer for the device being used to access the platform, you must obtain permission from the bill payer before using the platform.
2.2.3 The platform has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes or that it will be compatible with all or any hardware or software which you may use.
2.3 Age Certification
The platform is not intended to be used by, or targeted to, anyone under the age of 18 years old. By using the platform, you warrant and accept that you are at least 18 years of age.
2.4 Identity and checks
2.4.1 If you are a customer, you will need to create an account to access certain areas of the platform, particularly in order to manage your ongoing jobs and leave a review. You should only create one account and this account should be for your personal use only. When you first register for an account within the platform you will be required to verify your account. Once verified you will then be required to include certain personal information certain of which will be visible to others in order to be able to continue to use the functionality of the platform.
2.4.2 If you are a tradesperson, you will need to apply and be accepted for membership (including passing our vetting process) in order to create an account (including your profile) and access and use the platform, as set out in the Membership Contract. If you’re sharing an account with other people, for example employees of your business, then the person whose financial information is on the account will ultimately be responsible for all activity.
2.4.3 We reserve the right, where necessary and without limitation, to undertake all such necessary action including requiring further verification as to the identity, age, and other relevant details of a user as is reasonable to protect ourselves, the platform and other users against fraudulent or illegal behaviour or where we have reasonable grounds to believe that we may be in actual or possible breach of laws or regulations that apply to us from time to time.
2.4.4 You must provide us with any information we reasonably ask for as soon as possible, and if it is personal information we will use it in line with our Checkatrade Privacy Notice (for customers only) and Trade Privacy Notice (for tradespeople only). If you refuse, or we suspect fraudulent or criminal activity of any kind is occurring on or in relation to your account, we reserve the right to suspend or cancel your account, in line with Clause 8.1.
2.5 Security
2.5.1 You are also responsible for ensuring the security of any device from which you sign in to your account.
2.5.2 If you believe that someone has accessed the platform without your authorisation, or is attempting to impersonate you (or, if you are a tradesperson, your business), you should notify us immediately by emailing [email protected] and make any necessary changes to secure your account credentials.
2.5.3 If we have reason to believe there is likely to be a breach of security or misuse of the platform through your account, we may notify you and require you to take certain actions to resecure your account, or we may suspend and/or deactivate your account.
2.6 Reporting concerns
If you believe that any content posted by other users within the platform is in breach of our Acceptable Use Policy or any applicable laws, or that your intellectual property rights (including brand misuse) are being infringed by any content contained within the platform, please report your concerns here [email protected].
3 ACCEPTANCE AND USE
3.1 Use and Matching
3.1.1 Within the platform customers will be able to post a job to find suitable tradespeople within their area. Customers will be required to insert details of the work they require, add any photos to give an understanding of the services required and timelines for that work.
3.1.2 The platform will, in certain use cases but excluding the search and quote function, then match customers with a list of local tradespeople who can assist. This list will contain tradespeople profiles which will show their rating, services, and skills.
3.1.3 Customers are solely responsible for evaluating the suitability of tradespeople for the services they offer to provide and choosing a tradesperson.
3.1.4 Customers will be able to submit messages and manage their postings within the platform.
3.1.5 All customer requests are subject to acceptance by the tradesperson. The tradesperson is not obligated to accept any customer request and may, at their discretion, decline for any reason.
3.1.6 If a tradesperson is able to assist, they will then be able to contact the customer within the platform and provide a quote. Where a customer wishes to accept the quote, they can then select their availability and finalise the booking.
3.1.7 Any engagement (including appointment booking, quotes, and receipt of invoices for materials or services) between a customer and tradesperson within the platform is solely between the customer and the tradesperson, therefore we always recommend having a clear agreement in writing clearly setting out the scope of works and the agreed costs.
3.1.8 You will also be able to use the in-platform messaging service to keep all your communications safely in one place and allow for completeness and easy access. Within the platform you will be able to communicate with tradespeople or customers (as relevant) using various methods including voice and video-call. You may only communicate within the platform for lawful purposes, in line with our Acceptable Use Policy.
3.1.9 Any quote or pricing displayed to a customer on the platform is offered by the tradesperson(s) and is not offered, underwritten, or approved by us. Any agreement reached between a customer and a tradesperson based on this or any other pricing structure is a contract between that customer and that tradesperson and accordingly we are not a party to it nor are we under any obligation to become involved in any dispute.
3.1.10 In the event that a dispute arises between a customer and a tradesperson, you (whether you are the customer or tradesperson) agree to irrevocably release Checkatrade, its employees, officers, successors and agents from any and all losses, damages, claims or demands of any nature arising directly, indirectly, or in any way out of matters related to such a dispute, other than in relation to a breach of these Terms by us.
3.1.11 Checkatrade is not liable for, party to, or in any way involved in any agreement reached between the customer and the tradesperson that may come as a result of the use of this platform and customers should verify to their own satisfaction details considered relevant to the engagement of the tradesperson for services and only proceed where comfortable to do so. We bear no loss nor liability for any damages incurred as a result of such agreement.
3.2 Engagement
3.2.1 Within certain parts of the platform, you may choose to or be invited to submit, upload, or share, text, photographs, images, videos, reviews, information, and materials (collectively, “Your Content”).
3.2.2 You are responsible for all of Your Content which must be accurate, true, up to date, genuine and not misleading, relevant and appropriate and comply with our terms (including these Terms) and all applicable laws in the UK and in any country from which the content is posted or viewed.
3.2.3 We try to mitigate and effectively manage the risk of harm caused by different categories of illegal/harmful content. Due to this, we reserve the right to monitor and review Your Content and the content of other users in line with our Acceptable Use Policy, DeactivationPolicy, guidelines and procedures, which may be done using automated systems or artificial intelligence.
3.2.4 We reserve the right to suspend or terminate your account or remove or edit any of Your Content if you are in breach of applicable laws, these Terms or any of our other applicable terms and conditions, guidelines, or policies.
3.2.5 You acknowledge and accept by your continued use of the platform that, unless we state otherwise, any content within the platform has not been verified or approved by us.
3.2.6 We reserve the right, acting reasonably, to disclose your identity to any third party who is claiming that Your Content infringes their intellectual property rights or their right to privacy. We shall not be responsible, or liable to any third party, for the content or accuracy of Your Content posted by you or any other user of the platform.
3.2.7 We make no guarantee that Your Content will be kept on the platform for any length of time, and we reserve the right to remove Your Content as we see fit, including if it does not comply with these Terms or the removal is otherwise desirable for our business or operational reasons.
3.2.8 We reserve the right to edit Your Content to amend spelling, grammar, punctuation and length, for the purposes of clarity and to ensure that the content can comply with the Terms.
3.2.9 For the avoidance of any doubt, any content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the content, and we shall not be liable for any claims or losses arising from such content.
3.2.10 If you wish to request us to stop using any of Your Content at any time, you can contact us at [email protected].
3.3 Data Privacy and Cookies
3.3.1 We are a data controller in our operation of the platform, and we shall at all times comply with our obligations under applicable data protection laws.
3.3.2 Your privacy and personal information are important to us. Any personal information that we receive under and/or in connection with these Terms and/or the platform, will be dealt with in line with our Checkatrade Privacy Notice (for customers only), Trade Privacy Notice (for tradespeople only), which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
3.3.3 You acknowledge that our Cookie Policy applies to our use of your cookies (and other similar technologies) in relation to the platform.
3.4 Up time / Down time
3.4.1 We do not guarantee that the platform or any content/functionality contained within the platform will always be available or be uninterrupted.
3.4.2 We may need to update our servers and/or the platform from time to time to fix defects and errors, install updates, undertake general diagnosis and maintenance, undertake emergency maintenance and/or suspend access to the servers and as a result the platform may be less accessible or unavailable to you during this period.
3.4.3 We might also change or remove certain functions but if we do that, we will ensure that the platform still meets the description of it that was provided to you at the time you downloaded the platform.
3.4.4 The platform relies on a number of things working properly to enable you to enjoy all of its features. We are not responsible to you if you are unable to use all or any parts of the platform due to matters outside of our control.
3.4.5 Your use of the platform is at your own risk. The platform is provided to you on an "As Is" and "As Available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
3.4.6 Once we have made any updates to the platform, these will either download automatically or you may need to trigger them yourself, depending on your device, its settings, and the platform store.
3.4.7 We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the previous version of the platform may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not utilise the latest version of any part of the platform that we make available.
4 SERVICES
4.1 Connecting Customers and Tradespeople
4.1.1 As a customer, if you choose to use a service from tradespeople on the platform, your contract for those services is with those tradespeople. We provide the platform to facilitate communication between customers and tradespeople, but we are not a party to any contract between customers and tradespeople, nor will we be liable for any direct, indirect or consequential loss or damage arising out of, or in connection with, that contract or a customer's choice to contact or use any tradespeople sourced via the platform.
4.1.2 Checkatrade uses a search ranking algorithm to match search requests of customers to tradespeople. Checkatrade endeavours to ensure its search ranking results are evenly distributed between tradespeople on the platform using a mix of the following (non-exhaustive) criteria relevant to tradespeople: (i) quality and content of a tradesperson's profile, (ii) reviews, (iii) localised supply and demand, (iv) compatibility with customer search criteria in terms of location and trade category and (v) market and environmental factors. If you are a tradesperson, your Membership Contract explains this in more detail.
4.1.3 When receiving a quote from a tradesperson on the platform, customers are free to accept or decline it.
4.1.4 To the extent legally permitted, Checkatrade is not liable for any theft or loss of property in connection with services provided by tradespeople, any loss, damage expenses or liabilities suffered by any party in connection with the use of the platform, any loss which is a result of error, circumstances outside of our control or any other loss, cost, damage or liability incurred in connection whether directly or indirectly from the use of tradespeople sourced via the platform.
4.1.5 You acknowledge that Checkatrade does not make any warranty, representation, indemnification or guarantee over the quality, timing, integrity, responsibility, legality or any other aspect whatsoever of the materials or services offered or delivered by tradespeople.
4.2 MyHome
4.2.1 The MyHome functionality is intended to help customers manage their homes and plan future jobs. We reserve the right to update, alter and add or remove content and capability from this functionality from time to time at our discretion.
4.2.2 Information contained in the MyHome function is supplied in part by third parties, details of which are included here.
4.3 Vetting
4.3.1 Whilst every effort is made to verify statements and information submitted by the public and users, the information compiled by Checkatrade is based on information supplied by various individuals and businesses, it does not represent the views of Checkatrade and Checkatrade cannot be held responsible for any omissions or inaccurate claims that may appear.
4.3.2 Checkatrade takes steps to verify the credentials and company status of its tradesperson members (“Vetting”), collects and collates feedback from customers of tradesperson members by means of feedback (“Monitoring”) and collates recommendations from the public and users in relation to its tradesperson members and the services they provide (“Recommendations”).
4.3.3 The results of the Recommendation, Vetting and Monitoring processes are published on the platform as part of a tradesperson's profile. Checkatrade aims to:
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improve the accountability and credibility of its members through publishing impartial feedback on their work;
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promote quality service, workmanship and best practice among its tradesperson members; and
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promote its tradesperson members to the public, isolating rogue traders.
4.3.4 During the Vetting process, Checkatrade requests copies of public liability insurance (“PLI”) documentation from tradespeople and carries out Monitoring on that insurance documentation at the point we are told it is due to expire. Checkatrade cannot however guarantee whether tradespeople retain PLI insurance between Vetting and Monitoring.
4.3.5Where we are made aware that a tradesperson has expired PLI, we use reasonable endeavours to notify customers by means of a notice on the relevant tradesperson’s profile. We cannot however guarantee that such a notice has been provided in every case of expired PLI. Checkatrade therefore recommends that customers ask to see a copy of a tradesperson's insurance certificate before they begin work.
4.4 Trade Specific
4.4.1 The provisions of your Membership Contract apply to your continued ability to use the platform in addition to these Terms.
4.4.2 You permit us to collect information about you and in connection with your use of the platform and disclose it to tax or other governmental or regulatory authorities if asked to do so or as required by law or for compliance with our legal or regulatory obligations.
4.5 Reviews by customers
4.5.1 As a customer, you may provide reviews within the platform in respect of services provided by a tradesperson. In doing so, you will ensure that your review is not misleading, offensive, violates any law, infringes on the rights of others and is in line with our Acceptable Use Policy.
4.5.2 The review must be regarding your own personal experience, which you have not been paid for or otherwise incentivised for providing. You must not provide reviews that are of a marketing nature and/or use our platform for marketing purposes in relation to yourself, or any products, services and/or other businesses.
4.5.3 Your review must not contain any personal information relating to any other third party.
4.5.4 You must not submit, write, or be involved in the procurement of fake reviews, that don’t genuinely reflect your experience with your tradesperson or that are for the purpose of manipulating consumer perception or negatively targeting a particular business or service. Any such behaviour will result in an immediate suspension of your account.
4.5.5 We will perform a number of checks on the reviews given within the platform, to ensure they are authentic, and we reserve the right to screen, edit or remove any reviews from the platform at any time.
4.5.6 If we remove your review, we will have no liability to you for any deletion, disclosure, loss, or modification of the review.
4.5.7 You acknowledge that we may share the review and certain limited details with selected third parties in accordance with applicable law and/or as contained within our Checkatrade Privacy Notice.
4.6 Competitions and Offers
In the event that offers or competitions are made available through the platform, then they will be governed by their respective advertised terms and conditions unless otherwise expressly stated.
4.7 Guarantee
It’s rare for our tradespeople not to deliver the quality of work expected, but if you as a customer receive services that are sub-standard, then we may be able to help towards making it right, through our free and discretionary Checkatrade Guarantee. Please refer to https://www.checkatrade.com/guaranteed-terms for details on how to apply, the eligibility criteria and the exclusions.
5 QUOTING AND INVOICING
5.1 Quotes
5.1.1 Tradespeople can create standalone quotes or quotes in response to a job posted by a customer using certain functionality of the platform. The quote can be exported to a PDF, or the tradesperson can send it to a customer either: (i) via the in-platform messaging service or (ii) via email containing a link to the PDF within the platform. Should a quote not be received as expected customers should contact the relevant tradesperson directly.
5.1.2 The quote is prepared at the discretion of the tradesperson and will usually contain certain customer details and a breakdown of the scope of work and related pricing. The customer is solely responsible for accepting, declining, requesting an edit or asking any further questions to the relevant tradesperson.
5.1.3 A quote can be amended at any time by a tradesperson and sent as revised, to the customer.
5.1.4 Checkatrade recommends customers and tradespeople to use the in-platform messaging service to keep all communications safely in one place and allow for completeness and easy access.
5.1.5 When accepting a quote, Checkatrade recommends that the customer and tradesperson formalise an agreement in writing clearly setting out the scope of works, timelines, deliverables and any agreed costs.
5.1.6 The contents of the quote and any subsequent interactions relating to the quote or pricing displayed within the quote are between the customer and the tradesperson and are not offered, underwritten, or approved by Checkatrade.
5.2 Trade Invoicing
Once a quote has been created a tradesperson can raise an invoice based on the quote to send to the customer and any subsequent correspondence, payment or confirmation of receipt of payment is between the customer and the tradesperson and is not offered, underwritten, or approved by Checkatrade.
5.3 Tax
5.3.1 The tradesperson will be responsible for calculating how much VAT will be payable on any services included in the invoice and where VAT is payable, the tradesperson will be required (in certain instances) to include their VAT registration number.
5.3.2 The customer is solely liable for the payment of any VAT stated on the accepted invoice.
5.3.3 The quotes and invoices will be retained within the platform whilst the tradesperson's account is active and thereafter retained in line with our Trade Privacy Notice.
5.3.4 If a tradesperson’s membership is cancelled or terminated, they will no longer have access to the platform or their invoices and quotes. It is the responsibility of the tradesperson to ensure that they have downloaded their invoices and quotes prior to cancellation or termination.
5.3.5 Once the tradesperson’s membership is cancelled or terminated, the tradesperson can request access to their quotes and invoices by contacting us via our Contact Us page.
6 PLATFORM CONTENT
6.1 Intellectual Property
6.1.1 Any and all rights contained within the platform and its content, including but not limited to, the platform’s design, text, graphics, images, logos, digital downloads, audio, video, data, software, and source codes connected with the platform shall remain our exclusive property.
6.1.2 In accessing the platform, you are granted a personal, revocable, non-exclusive, non-transferable licence to use the platform solely for your personal and (if you are a customer) non-commercial use, in line with these Terms.
6.1.3 All trademarks, service marks, logos and all graphical elements of the platform, whether registered or unregistered, are distinctive and protected trademarks of us and/or our licensors. The platform may also contain various third-party trademarks, that are the property of their respective owner. Nothing within these Terms grants you a licence or right to use any of these trademarks without our or the respective third-party permission.
6.1.4 You retain all of your ownership rights, including intellectual property rights, in Your Content. By uploading Your Content to the platform, you represent and warrant that you are the owner or licensor of Your Content, that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by uploading it. You grant us (and our authorised third parties) a worldwide, perpetual, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the platform across different media outlets (including to operate, improve and promote the platform and/or our services), without any payment to you.
6.1.5 To the fullest extent permitted under applicable law, you waive your moral rights in Your Content and promise not to assert such rights or any other intellectual property rights you have in Your Content against us, our sublicensees or our assignees.
6.1.6 In the event that you use any of the intellectual property owned by Checkatrade other than as expressly permitted by us, we may suspend or terminate your account. We reserve all rights to take any legal action we consider appropriate against you.
6.2 Copyright
6.2.1 We own all rights in and to the platform, and your use of the platform is subject to the following restrictions. You must not:
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copy the platform except where such copying is incidental to normal use of the platform, or where it is necessary for the purpose of back-up or operational security;
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sub-licence or otherwise make available the platform in whole or in part (including object and source code), in any form to any person without our prior written consent;
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reproduce, modify, edit, or exploit the platform in any way for any commercial purpose, without our prior written consent; or
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disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the platform or attempt to do any such thing.
6.2.2 Details of third-party copyright used on the platform can be found at here.
6.3 Third Party Links
6.3.1 The platform (and emails that we send to you in connection with the platform) may include links to third party websites, applications and/or other digital properties that are controlled and maintained by third parties.
6.3.2 If you decide to visit any third-party sites, assets or offerings or use a service made available through third party sites, assets, or offerings, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. It is therefore your responsibility to satisfy yourself as to the reputation of the relevant third party and the services they offer.
6.3.3 We are not responsible for the content, accuracy or opinions expressed on third party sites, assets, or offerings.
6.3.4 Links that we make available do not imply that we are, or the platform is, affiliated to or associated with such websites or services and we will not be a party to any transaction between you and a third party.
6.3.5 Your interaction with any third-party sites, assets or offerings is subject to the relevant third party’s own terms and policies. In particular, third parties will process your personal information in accordance with their own privacy notices. Please read all applicable terms and policies of the relevant third party before using third party properties and/or using a service made available through third party sites, assets, or offerings.
7 LIABILITY
7.1 Compensation
You agree to defend, compensate and hold us and our employees and agents harmless from and against, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs or expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us arising out of or in connection with any breach by you of these Terms, your improper use of the platform or your breach of any applicable law or the rights of a third party. We reserve the right to handle our legal defence however we see fit, even if you are compensating us, in which case you agree to cooperate with us so we can execute our legal strategy.
7.2 Breach
7.2.1 If you are in breach of, or we suspect you are in breach of, these Terms or any other terms applicable to the services that we make available through the platform, we may take one or more of the following actions:
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issue a warning to you;
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effect a suspension or termination of your access to your account and/or the platform as set out in Clause 8.1;
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take legal action against you; or
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disclose such information to law enforcement authorities as we reasonably feel is necessary.
7.3 Limitation
7.3.1 Whilst we make reasonable efforts to ensure that all information we provide is accurate and to otherwise provide the platform with reasonable care and skill, we make no commitment that the platform will meet your requirements, that the content will be accurate or reliable, that the functionality of the platform will be uninterrupted or error-free, that defects will be corrected or that the platform or the server that makes it available are free of viruses or anything else that may be harmful or destructive.
7.3.2 Subject to Clause 7.4.2, we will not be liable to you for any loss or damage whatsoever suffered or incurred by you (even if such loss is foreseeable) in relation to your use or inability to use the platform, any inaccuracies or delays on the platform or any reliance by you on the content contained on the platform unless any such loss or damage is caused by our material breach of these Terms or otherwise by our negligent acts or omissions.
7.3.3 If you are a tradesperson, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits or revenue) arising out of or in connection with the use of the platform.
7.3.4 Regardless of the previous provisions of this Clause 7, but subject always to Clause 7.4.2, our liability to you in respect of any claim or series of related claims is limited to £50.
7.4 Exclusions
7.4.1 If you are a customer, you have certain legal rights when using the platform. These are also known as “statutory rights” as they are derived from laws such as the Consumer Rights Act 2015. Nothing in these Terms affects these rights.
7.4.2 We do not exclude our liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability in respect of which it would be unlawful for us to limit or exclude our liability.
8 ACCOUNT
8.1 Our rights of Termination and Suspension
8.1.1 You understand and agree that we have no obligation to continue to provide the platform and therefore we reserve the right to vary or terminate all or part of the platform and/or not to provide all or part of the platform to anyone for any reason and/or for a period of time at our discretion.
8.1.2 We may also terminate or suspend your account or terminate your right to use and access the platform, at our discretion and at any point, if you breach or threaten to breach these Terms.
8.1.3 If you are a tradesperson, your Membership Contract contains further details of our rights of termination and suspension of your membership.
8.1.4 We may terminate accounts that have been inactive or any unverified/unconfirmed accounts where that inactivity/unverified status exists for 1 year or more.
8.1.5 In the event of us terminating or suspending your account we shall have no liability towards you or any third party.
8.1.6 Upon termination any rights that have been granted to you under these Terms shall immediately terminate and any of our rights or remedies that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination shall not be affected or prejudiced.
8.2 Your rights of Cancellation and Deletion
8.2.1 If you are a customer, you can stop using the platform at any time, and you can also delete your account any time by using the “Delete your Account” function in the account section of the app or the website. If you use this function your account will be deleted immediately. Certain account information will be retained in line with our Checkatrade Privacy Notice (and related data retention policies). Once your account is deleted, it cannot be recovered.
8.2.2 If you are a tradesperson, your ability to continue to use your account will be determined in accordance with your Membership Contract.
8.2.3 If you wish to obtain a copy of your account data prior to deletion, please request access to your data in accordance with your rights set out in our Checkatrade Privacy Notice (for customers only) or Trade Privacy Notice (for tradespeople only).
9 MISCELLANEOUS
9.1 Notice
9.1.1 We may amend these Terms from time to time, to reflect changes within the platform, including but not limited to, our technology, licensing arrangements, payment policies, best practices, relevant laws and/or regulatory requirements.
9.1.2 We will provide notice to you if we are making any material changes to these Terms (for example, any changes that significantly impact the way that you receive the services via the platform), unless such material changes are urgently required to meet a legal or regulatory requirement or for security reasons.
9.1.3 We may also update the platform from time to time and may change the content and functionality at any time where we deem it necessary to do so, without providing notice to you (for example: to reflect changes to our services, business needs or the needs of platform users).
9.2 Method
Our updated Terms will be displayed within the platform, and we may provide notice to you via email. If you continue to use the platform, we shall assume that you have accepted any changes that we have made to these Terms. If you do not agree to the changes, you should stop using the platform and delete your account.
9.3 Force Majeure
Sometimes things happen that are outside of our control such as acts of God, pandemics, strikes, technical failures or supply failures. Due to these things outside of our control, our performance under these Terms may be suspended for the period of time over which the event occurs. During this period, we will not be liable to you for any delay or failure in performance of any of our obligations within these Terms arising out of these circumstances or events. We will, of course, try to find a solution to help us to perform these Terms and take any reasonable preventive steps wherever possible.
9.4 Third Party Rights
No one other than us or you has any right to enforce any of these Terms.
9.5 Waiver
If we fail at any time to insist on strict performance of any of your obligations or if we fail to exercise any right or remedy under these Terms, this does not constitute a waiver of our rights or remedies and does not relieve you from compliance with your obligations under these Terms. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
9.6 Severance and Survival
9.6.1 If any of these Terms should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed, and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
9.6.2 The provisions of Clauses 3.1, Clause 3.2.6, Clause 3.2.9, Clause 3.3, Clause 4.1.1, Clause 4.1.5, Clause 4.4.2, Clause 5.3, Clause 6.1.1, Clause 6.1.3, Clause 6.1.4, Clause 6.1.5, Clause 7, Clause 8.1.6, Clause 9.6.2, Clause 9.9, Clause 9.10 and Clause 9.11 shall survive termination of these Terms.
9.7 No reliance
You confirm that you did not enter into these Terms in reliance of any representation made by us other than those which are expressly set out in these Terms.
9.8 Assignment
We may assign any of our rights and transfer, delegate, or subcontract any of our obligations under the Terms. We will provide notice to you if this occurs, and you can stop using the platform and delete your account if you are unhappy with such transfer.
9.9 Jurisdiction
These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) (a “Claim”) shall be governed by, and construed in accordance with, the laws of England and Wales.
9.10 Disputes
If a dispute arises between you and us, we encourage you to first contact us directly, as set out in Clause 10 of these Terms, to seek a resolution. If you are a tradesperson, your Membership Contract contains details of dispute resolution options such as mediation.
9.11 Courts
If you are a tradesperson, the courts of England and Wales shall have exclusive jurisdiction to settle any Claim. If you are a customer, wherever you live you can bring Claims against us in the courts of England and Wales. If you live in Scotland or Northern Ireland, you can also bring Claims against us in the courts of the country you live in. We can bring a Claim against you in the courts of the country you live in.
10 Contact Us and FAQ
You may find answers to your questions in our FAQ support centre. If you wish to contact us directly regarding these Terms, a complaint, the platform or any other matter please refer to the contact details within our Contact Us page.
11 Feedback
We appreciate any feedback, ideas, and suggestions from you about the platform and/or our services, and you can leave feedback for us via [email protected] or [email protected]:[email protected] (as appropriate). If you provide us with feedback, you agree that we can use, quote and/or refer to that feedback and/or content at our discretion.