Terms and Conditions
1. Defined Terms
| Get Credit | A credit service provided by Trade UK. |
| Get Insurance | An insurance service provided by Trade UK. |
| Get Online | A self marketing service provided by Trade UK (via Google) which comprises of a website design, build and hosting service, an online calendar and email service. |
| Get Software | A suite of software for the trade from HBXL. Including estimating software, plans & designs and health and safety software. |
| Get Work | A directory listing service, a search and apply for work service and a feedback service provided by us (via [Trade Directory]). |
| Services | Get Credit, Get Insurance, Get Online and Get Work |
| Trade Directory | www.jobsorted.com |
2. Introduction
2.1 www.trade.co.uk (the “Website”) is operated by Trade UK, a trading name of Screwfix Direct Limited (company number 3006378) whose registered office is Trade House, Mead Avenue, Houndstone Business Park, Yeovil BA22 8RT (“we”, “us” or “our”).
2.2 These terms and conditions (the “Terms”) are the whole agreement between you and us about how you use the Website. They are a legal agreement between you and us and can only be amended with our consent.
2.3 These Terms should be read in conjunction with any details provided on the Website about how the Website operates and the additional terms and conditions for;
2.3.1 Get Credit available at www.credit.trade.co.uk;
2.3.3 Get Online available at online.trade.co.uk, mail.trade.co.uk, calendar.trade.co.uk, sites.trade.co.uk;
as amended from time to time (together and/or individually the “Additional Terms”). To the extent (if any) there is a conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
2.4 By accessing and using the Website you are indicating your acceptance to be bound by these Terms and the Additional Terms (where relevant).
2.5 We reserve the right to update or amend these Terms and/or the Additional Terms at any time and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and/or the Additional Terms regularly for any changes.
2.6 The Services and the Website are available to residents of the United Kingdom only.
3. Privacy Policy
3.1 Your privacy is very important to us. Please refer to our privacy policy http://www.directory.trade.co.uk/Legals/Privacy (“Privacy Policy”) which details how we process personal information about you and the types of marketing material you may be sent.
3.2 By using the Website, you are also indicating your acceptance to be bound by and grant the rights in the terms of our Privacy Policy.
4. Accessing the Website
4.1 We reserve the right to impose, without prior notice, limitations on the Website for whatever reason, including maintenance work and further developments.
4.2 We do not guarantee that the Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Website or any computer system, server, router or any other internet-connected device.
4.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. You also accept that we cannot and do not guarantee or warrant that any content of the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
5. About Trade UK
5.1 To access the Get Online or Get Work services you need to register to become a Website member (a “Member”), the process for which is set out in condition 6 below.
5.2 You can access and apply for Get Credit and Get Insurance services through this Website without becoming a Member.
5.3 We do not act as a contractor or agent for any work negotiated through the Website and we are not responsible for any work done. It is up to you to negotiate the terms for any work you contract to undertake through the Website and provide evidence of any necessary insurance cover, guarantees, qualifications or other relevant information.
6. Membership
6.1 In order to apply to become a Member and hold a Member account you will be required to provide your real name, trading name, some details about your business, trade and trade body membership (if any) and contact details. We may accept or reject your application at our discretion.
6.2 Where you advise us of membership to a trade body as part of our registration process, we may (at our discretion) verify your membership with that trade body, although in no way do we endorse such trade body membership or recommend you to potential customers.
6.3 If we accept your application to become a Member, we will provide you with a profile page on the Website from which you can access the Get Online and Get Works services. As a Member you are required to keep your contact information accurate and up to date.
6.4 Where using our Get Work service, you must upgrade to our enhanced membership in order to obtain an enhanced directory listing, to search and apply for work and to receive and leave feedback for work undertaken (a “Pro-Member”).
6.5 If you become a Member you will be required to choose your own user name (a “User Name”) and password. The User Name you choose must not violate any applicable law, third-party rights or these Terms. Your User Name must not:
6.5.1 relate to another person or entity;
6.5.2 infringe any third party’s copyright, trademark or other intellectual property rights;
6.5.3 violate the rights of other natural or legal persons, or may violate such rights;
6.5.4 have the potential to provoke or offend other members such as vulgar or insulting user names.
6.6 You are responsible for maintaining the confidentiality of your User Name and password.
6.7 You must immediately notify us of any unauthorised use of your Member account.
6.8 You must not attempt to:
6.8.1 create more than one Member account;
6.8.2 (without our written permission) create a new Member account where we disable your existing Member account;
6.8.3 create a Member account if you are under the age of 18;
6.8.4 use any other Member’s account or post as someone else, or on behalf of someone else at any time; or
6.8.5 transfer your Member account to anyone without getting our prior written permission.
7. Using the Website
7.1 You must use the Website and the information available from the Website responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
7.2 In using the Website, you agree not to:
7.2.1 send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages;
7.2.2 post, publish, distribute or disseminate material or information that is defamatory, false, misleading, infringing, obscene, indecent, threatening, abusive, harassing, unlawful or deemed to be incorrect by us;
7.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
7.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of other Members or use the Website for the purpose of any investigation;
7.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
7.2.6 republish, reproduce, distribute, transmit or display any or all of the Website data and re-contact the companies on the Website database to create your own database;
7.2.7 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
7.2.8 upload pictures with content which is deemed to be undesirable or offensive by us;
7.2.9 collect or store personal information about others, including email addresses;
7.2.10 impersonate any person or entity for the purpose of misleading others;
7.2.11 violate any applicable laws or regulations;
7.2.12 use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of it;
7.2.13 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement); or
7.2.14 attempt to gain unauthorised access to any of the Website, other accounts, computer systems or networks connected to the Website through hacking, password mining or any other means.
7.3 In respect of any information, text, graphics, logos, photographs, images, moving images, sound, illustrations and all other content that you post on the Website (including any Feedback as detailed in condition 8) (the “Content”) you warrant that:
7.3.1 you own or otherwise control all of the rights to all Content;
7.3.2 to the extent that such Content includes photographs or other visual images you warrant that you have obtained the consent of the subject of such photograph or other visual image (or in the case of persons under the age of 18 their parent or guardian);
7.3.3 use of the Content will not cause injury to any person or entity; and
7.3.4 the Content is not defamatory.
7.4 Please choose carefully any Content you post on the Website as it will be available for public viewing.
8. Feedback for Get Work
8.1 The Get Work services allow Pro-Members and their customers to give and receive feedback about one another (“Feedback”)
8.2 You must ensure that all Feedback you provide complies with the requirements set out in condition 7 above.
8.3 We reserve the right to publish such Feedback on the Website but neither Pro-Members or their customers have a right for Feedback to be published on the Website.
8.4 The following rules apply to Feedback:
8.4.1 assessments must relate to the Pro-Member/customer assessed;
8.4.2 assessments must be factual, objective and accurate;
8.4.3 negative assessments are permitted but must be expressed in a factual manner; and
8.4.4 Feedback may not be provided by a Pro-Member, its employees, agents or associates about that same Pro-Member.
8.5 Pro Members are restricted to submitting 5 separate Feedback comments, although we may increase or decrease this limit from time to time.
8.6 We want to maintain high standards of participation to the Feedback section of the Website. If you consider that a comment does not comply with these Terms, please use the “Report Abuse Facility” located next to the Feedback section. This facility should only be used for serious complaints, not simply because you disagree with something said.
9. Website monitoring
9.1 We have no obligation to monitor the Website but reserve the right to monitor, edit or delete Content that we believe contravene these Terms or are otherwise objectionable.
9.2 We shall have the right (but not the obligation) in our sole discretion to delete, edit, lock, move or remove any Content without notice that contains (in our opinion) unjustified, negative or derogatory comments about the Website or our Members, the recommendation of competitors, advertising, or direct links to third party websites.
9.3 We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Website you may be exposed to Content that is offensive and/or indecent.
9.4 We will not be liable in any way for any Content or for any loss or damage or injury of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
9.5 We operate on a “notice and takedown” basis. If you believe that any Content on the Website contains a defamatory statement or is otherwise in breach of these Terms, please notify us in writing at the address set out below.
10. Licence to use Content
10.1 If you do post Content to the Website, and unless we indicate otherwise, you grant us and our subsidiaries and affiliates:
10.1.1 non-exclusive, royalty-free and fully sub-licensable rights to use, duplicate, disseminate, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media; and
10.1.2 the right to use the name that you submit in connection with such Content, if we or our affiliates so choose.
10.2 In relation to any Content you post or submit you agree:
10.2.1 that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such Content;
10.2.2 to waive your right to be identified as the author of such Content and your right to object to derogatory treatment of such Content and any other moral rights which may exist;
10.2.3 to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
11. Intellectual Property Rights
11.1 The Website and the Content (including without limitation the design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks and other intellectual property rights and laws.
11.2 Except as expressly set out in these Terms, nothing in these Terms shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trade marks, logos or other proprietary marks or any of the Content of this Website, in whole or in part, except as provided in these Terms.
11.3 In using the Website you agree that you will use the Content solely for marketing you and your business. You may download information from the Website for your own personal non-commercial use only. Except as otherwise expressly permitted under copyright law, none of the Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
11.4 “Trade UK” and certain of our other logos or brand names on this Website are trade marks of or are licensed to us or our group companies and may not be reproduced without our express permission. Other organisations and company names referred to on this Website may be trade marks of their respective owners as indicated.
12. Termination
12.1 We have the right to terminate your access to any or all of the Website at any time, without notice, for any reason, including without limitation, breach of these Terms and/or the Additional Terms.
12.2 We may also at any time, at our sole discretion, discontinue the Website or any part of it without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website.
13. Links To Third Party Websites
13.1 The Website may include links to third party websites that are controlled and maintained by others.
13.2 Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites nor do we accept responsibility for any products sold on such third party websites.
13.3 We are not responsible for any software, services or products supplied by our partners (including the HBXL construction software) or supplied or purchased from third party websites controlled and maintained by others.
14. Indemnity
You agree to indemnify us and our subsidiaries, affiliates, officers, agents and employees against all liabilities, claims and expenses and hold us harmless for all claims brought by any third party arising out of or in connection with a breach by you of these Terms and any claim or demand brought against us by any third party arising out of your use of the Website , the Services and/or any Content submitted, posted or transmitted through the Website, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these Terms.
15. Disclaimers and Limitations of Liability
15.1 Use of the Website is at your own risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis.
15.2 We accept no liability in relation to this Website, the Services and/or the Content, to the fullest extent such liability can be excluded by applicable law. All terms implied by law are excluded to the fullest extent permitted by law (including, without limitation, any implied warranties of satisfactory quality and fitness for a particular purpose).
15.3 In no event shall we be liable for any indirect or consequential loss or damage whatsoever including without limitation loss of business, opportunity, data, profits) arising out of or in connection with your use of the Website, the Content and/or the Services.
15.4 Subject to condition 15.5, we shall have no liability to pay any money to you by way of compensation other than any refund we make under these Terms, limited to a total aggregate sum of the amount paid by you (if any) for the Services.
15.5 Nothing in these Terms shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
16. General
16.1 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 Terms shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
16.2 Any formal legal notices should be sent to us at the address set out in condition 18 below by email and confirmed by post.
16.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms.
16.4 These Terms shall be governed by and construed in accordance with the laws of England and any disputes shall be subject to the exclusive jurisdiction of the English courts.
17. Changes
17.1 If we change the Terms we will post the changes on this page and we may also place notices on other pages of the Website so that you can at any time check our current policy.
17.2 If we make any changes that may significantly affect the way we deal with your information, we will also e-mail you to notify you of the proposed changes, so that you may have your details removed from our records if you do not agree with the changes.
18. Contact details
Address:
Trade House
Mead Avenue
Houndstone Business Park
Yeovil
BA22 8RT
E-mail:
contactus@service.trade.co.uk
Phone:
0845 608 9004
