Introduction
1.1
This website is owned and operated by Find a Builder Ltd, registered in England and Wales: Registration Number 7677435.
1.2
All communications are to be directed to
• 25 Leith Mansions Grantully Road, London, W9 1LQ or
1.3
Users of this website agree to be bound by the terms set out below. Find a Builder Ltd may change these by posting the revised version on this website for a reasonable period before they become effective. Users will be bound by any such revised agreement, if they continue to use this website following the effective date shown.
1.4
These terms are effective from 1st September 2012.
Definitions
2.1
“the Database” means “any database owned by Find a Builder Ltd and accessed by the Site.”
2.2
“the Service” means “the service provided by this website that enables the querying of the Database, the registering of personal details on the Database, the recording of a company profile or feedback on the Database, or the purchase of any goods or services offered on this website”.
2.3
“the Site” means “the Service and any data retrieved from the Database and displayed on this website”.
2.4
“Member Company” means “a sole trader, a partnership, a limited liability partnership, a limited company, a public limited company offering construction industry services that joined Find a Builder”.
2.5
“Client” means “a person or company that uses the services of a Member Company.”
2.6
“Content” means “images or information provided by this Site”.
2.7
“A Full Membership” means “a membership that allows a Member Company to receive services for twelve months from the date of joining.”
2.8
“you” means “a person using this website”.
2.9
“we” or “us” “our” means “Find a Builder Ltd or its affiliates”.
Services
3.1
The objective of Find a Builder Ltd is to provide Member Companies with opportunities to provide their construction services to individuals and other companies.
3.2
Find a Builder Ltd does this via its online marketplace and through its marketing of this marketplace.
3.3
Each Membership of this marketplace is for services provided by a single branch of the company identified by its address and for services that belong to a single Level-1 Specialism as defined by Find a Builder Ltd.
Payment
4.1
Payment can be made by debit card or credit card.
Copyright
5.1
All copyright and other intellectual property rights in all text, images, sounds, software and other materials on this site are owned by us, or are included with permission of the relevant owner.
5.2
You are permitted to browse this site and to reproduce extracts by way of printing, downloading to a hard disk and by distribution to other people but in all cases, for non-commercial, informational and personal purposes only. No reproduction of any part of the site may be sold or distributed for commercial gain, nor shall it be modified or incorporated in any other work, publication or site. No other licence or right is granted.
5.3
In particular, the member and client data may not be used for any commercial purpose. To deter such use, a selection of members and clients have agreed to report any commercial approaches based on this data directly to us.
Content
6.1
The information on this site has been included in good faith but is for general information purposes only. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy completeness or fitness for any particular purpose or that of any site linked to it. While we take all reasonable steps to ensure the accuracy of the information provided by this website we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We will not accept liability for any inaccuracy.
6.2
Any Content that we ourselves make available in connection with the Service is intended for very general guidance and we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
6.3
We reserve the right to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content if it breaches our terms and conditions or is necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
6.4
You will notify us immediately if you become aware of any inappropriate content or inappropriate behaviour by any user. You can do this by sending an email at [email protected]
6.5
We reserve the right to irretrievably delete any Content at any time.
Work Issues
7.1
Clients are encouraged to give Feedback on work members have performed for them at https://find-a-builder.com/reference/give-feedback feedback.
7.2
If a Member complains about feedback received, we reserve the right to recommend our Issues Resolution Procedure at https://find-a-builder.com/issue/questions_one to the member and the client.
Refunds And Cancellations
8.1
No refunds are given on joining fees.
8.2
Ten days before your full membership (twelve months) expires you will be warned that your membership will be renewed for a further twelve months unless you inform us that you wish to cancel by sending an email to [email protected] with ‘No Renewal’ in the subject line,
8.3
The process of purchasing any personalised goods or services, other than those that are supplied as part of a Membership, includes steps that ensure the goods are approved by the purchaser before the sale is made; no refunds are given on personalised goods.
Terms Of Use
9.1
The information you post on this site must not:
• be false, inaccurate or misleading;
• be in breach of any applicable laws, regulations, licences, or third party rights;
• interfere in any way with the proper working of the site and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the site or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the Data Protection Act 1998.
9.2
There may be a temporary suspension of the Site without notice in circumstances of system failure, maintenance, improvement, or repair or for reasons beyond our control.
9.3
We will make all reasonable attempts to exclude viruses (and similar destructive devices) from the site but cannot guarantee their exclusion and you should take appropriate steps in respect of this risk.
9.4
To use the Service you will need reliable broadband access to the Internet. We cannot and do not accept any responsibility for your hardware or software or for the costs of accessing our Service.
9.5
We will do our best to maintain the operation of our Service and to rectify faults if they occur but cannot guarantee that the Service will be uninterrupted or error-free.
9.6
You are not eligible to use the Service, if you are under 18 years of age.
9.7
We offer no guarantee that any or any particular Member will contact you or agree to undertake any particular work for you.
9.8
When deciding whether to accept a Company as a Member, we rely on certain information from and about the Company. While we take reasonable care, we cannot provide any guarantee concerning and are not responsible for, the communications, behaviour, suitability or quality of work, or other acts or omissions by or on behalf of any Member. These are matters outside our reasonable control. It is entirely the Customer’s responsibility to carefully evaluate and select a suitable Member, check insurance cover, guarantees, qualifications and references and to negotiate terms for any work to be undertaken. We do not act as the Customer’s general contractor, agent, lawyer or adviser. Customers use our Service at their own risk.
9.9
Members are subject to the Issues Procedure (see https://find-a-builder.com/issue/questions_one) and they agree to our Code of Practice (see https://find-a-builder.com/static/code-of-practice).
Linked Sites
10.1
At various points throughout the site you may be offered automatic links to other internet sites relevant to a particular aspect of this site. This does not indicate that we are necessarily associated with any of these other sites or their owners. While it is our intention that you should find these other sites of interest, neither we nor our affiliates nor their employees shall have any responsibility or liability of any nature for these other sites or information contained in them.
Liability
11.1
Save to the extent that such limitation is not permitted under English law neither we, nor any of our affiliates or employees, shall be liable for any loss, damage or expense arising in contract, tort or otherwise out of any reliance on information contained in this site, access to or use of or inability to use this site or any site linked to it including, without limitation, any loss of profit, indirect, incidental or consequential loss.
11.2
You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
11.3
Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the sum of £1,250.
11.4
This website and its content are provided 'as is' excluding warranties of any kind, either express or implied. We accept no liability for the Service and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that this website is compatible with your computer equipment or that the website or its server is free of errors, viruses, worms or bugs and we shall not be liable for any damage you may suffer as a result of such destructive features.
11.5
We are not liable for economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); loss of goodwill or reputation; special, indirect or consequential losses; or damage to or loss of data (even if we have been advised of the possibility of such losses).
11.6
You will liable for any loss or damage we suffer arising from your breach of this agreement or misuse of our Service.
11.7
Member Companies and other organisations will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement or misuse of our Service.
Membership Terms
12.1
A Member Company agrees:
12.2
that its details may be included on the Database unless a director or owner of the Member Company asks in writing for these to be removed;
12.3
that we have no control over the availability or frequency of work via the Service and make no guarantee that work will be obtained via the Service;
12.4
that the Member Company may use information supplied by Customers only in connection with potential work for that Customer and that it will not disclose such information to any third party including but not limited to other contractors;
12.5
that Customers are entitled to post feedback concerning the Company’s service; and
12.6
that we have the right to suspend the Member Company from membership of Find-a-Builder if we suspect it of having generated, or conspired to generate, false feedback or if it has otherwise breached these terms and conditions.
General Terms
13.1
All Users agree that they will not:
13.2
in connection with the Service breach any applicable law, regulation or code of conduct or infringe any rights of others;
13.3
publish or send any Content which is or becomes false or misleading, or is sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, sexist, xenophobic, abusive, unlawful, deceitful, invasive of another’s privacy, confidential, offensive, harmful, violent, threatening, harassing, stalking, defamatory, or which encourage or assist any of the foregoing, or which We otherwise consider is inappropriate;
13.4
disclose or make accessible to any third party any password(s), activation code(s) or similar information or use them for any purpose other than authentication for the Service;
13.5
publish or send any Content which involves any personal data of another person i.e. information enabling someone to be identified or contacted e.g. name, address, email address, photo etc unless that person is 18 years or over and you have obtained that person’s explicit written consent;
13.6
publish or send any Content which links to any third party websites which are illegal or contain inappropriate content;
13.7
use the Service except as support for transactions in the construction industry marketplace;
13.8
use the Service for junk mail, spam and pyramid or similar or fraudulent schemes;
13.9
do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings; or
13.10
attempt to gain unauthorised access to any part of the Service or equipment used to provide the Service.
Registration
14.1
Your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case, you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
14.2
You must ensure that all contact information (e.g. email and postal addresses) which you provide us is accurate and not misleading and that you will update it so that it remains so. We are not responsible for any loss or damage arising from incorrect contact information.
14.3
You must comply with any guidelines or requirements on our website (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or via our Service). You must promptly comply with any reasonable request or instruction by us in connection with the Service.
14.4
We may at any time (giving notice by email to the extent reasonably practicable) cancel your registration for or use of our Service with or without cause. We are not responsible for loss or damage resulting from cancellation of your registration for or of use of our Service. If we have given notice of cancellation in accordance with these terms and conditions, you must not attempt to re-register for or use our Service.
Third Party Websites
15.1
We may link to third party websites that may be of interest to you. We do not recommend or endorse those sites or the products or services they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
Intellectual Property Rights
16.1
All trademarks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners or Users. You may display, reproduce or otherwise use such content insofar as necessary to view it within our site for genuine purposes. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such Content without our specific prior written consent.
16.2
If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt, translate, display, sub-licence, assign and create derivative works from that Content in any media. You waive your moral rights in relation to such content to the extent legally permitted.
16.3
If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt, translate, display, sub-licence, assign and create derivative works from that Content in any media. You waive your moral rights in relation to such content to the extent legally permitted.
16.4
Anyone accessing this site is entitled to view any part of it and to print or download extracts to a local hard disk for personal, non-commercial use. If you wish to copy, reproduce, republish, download, post, broadcast, transmit, make available to the public or otherwise use anything on this website or the Database, you must obtain prior written permission from us.
16.5
We own all copyright, database rights and all similar rights in this site and the information contained in it both in the UK and elsewhere in the world.
16.6
Anyone accessing this site is entitled to view any part of it and to print or download extracts to a local hard disk for personal, non-commercial use. If you wish to copy, reproduce, republish, download, post, broadcast, transmit, make available to the public or otherwise use anything on this website for commercial purposes, you must obtain prior written permission from us.
Compaints
17.1
If you have any complaints, please contact us via the contact details shown https://find-a-builder.com/static/contact-us or write to our address shown at the start of these Terms.
Advice To Consumers
18.1
Set out a detailed, clear brief and request at least three quotes.
18.2
Seek references, speak to previous customers and if a reasonable sized job, visit previous jobs.
18.3
Do not just choose the cheapest quote; consider your ability to communicate with the firm and the quality of their work.
18.4
Only pay for work that has been done; do not make advance payments. If materials need to be bought in advance by the tradesmen, it is reasonable that the customer is asked to pay a fair percentage of these costs as the job progresses.
18.5
Always use a written contract, as it offers you protection if anything does go wrong.
18.6
Agree in writing any changes to the agreed contract value and ensure these are agreed in writing before the work is done.
General
19.1
These terms shall be governed by and construed in accordance with English Law and each party to these terms submits to the exclusive jurisdiction of the English Courts.
19.2
Headings used in this agreement are for information and not binding.
19.3
This agreement constitutes the entire agreement between you and us in connection with our Service.
19.4
Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (i.e. that it can’t be enforced later).
19.5
If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply.
19.6
A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.