Home Owner Terms and Conditions
HOMEOWNER TERMS AND CONDITIONS
This agreement governs your use
of TradyBay website, accessible at www.tradybay.co.uk
(Platform) as a Home Owner and any
goods or services made available through the Platform. By using the Platform,
you agree to be bound by this agreement which forms a binding contractual
agreement between you, the Home Owner, and us, Work Sheriff Ltd a company
registered in England and Wales with Company Number 15484793 and registered
office at 83-89 Phoenix Street, Sutton In Ashfield, United Kingdom, NG17 4HL (TradyBay, we or us).
In this agreement, when we refer
to:
(a)
“the Home Owner”, we are
referring to you, the individual ordering Services via our Platform, or if you
are acting in the capacity as a duly authorised representative of a company,
then that company;
(b)
“Services”, we are
referring to the services from Traders available through the Platform;
(c)
“Traders”, we are
referring to sellers of the Services on the Platform, being separate legal
entities from TradyBay (unless otherwise indicated); and
(d)
“Users”, we are
referring to all users of the Platform, including without limitation you, other
Home Owners, and Traders.
(a)
In order to use some
functionalities of the Platform, you may be required to sign-up, register and
receive an account through the Platform (an Account).
(b)
As part of the Account
registration process and as part of your continued use of the Platform, you are
required to provide personal information and details, such as your email
address, first and last name, preferred username, a secure password, billing,
postal and physical addresses, mobile phone number, payment information, and
other information as determined by TradyBay from time to time.
(c)
You warrant that any
information you give to TradyBay in the course of completing the Account
registration process will always be accurate, honest, correct and up-to-date.
(d)
Once you complete the Account
registration process, TradyBay may, in its absolute discretion, choose to
accept you as a registered user within the Platform and provide you with an
Account.
(e)
TradyBay reserves the right to
contact you about any concerning behaviour by you, or to seek a resolution with
you.
(f)
TradyBay may, in its absolute
discretion, suspend or cancel your Account for any reason, including for any
failure to comply with this agreement.
2
Job Listing
(a)
You can request quotes (called Bids)
from Traders by placing a Job Listing on the Platform.
(b)
To submit a Job Listing you
must complete our questionnaire and provide accurate and honest information.
(c)
Traders may submit Bids in
response to your Job Listing via the Platform. Traders pay a small fee to TradyBay
to submit Bids.
(d)
You may review all Bids for
free. To accept a Bid from a Trader, you can accept their Bid via the Platform
and pay the fee submitted by the Trader in their Bid (Price).
(e)
You acknowledge and agree that if
you accept a Traders Bid that will constitute your entry into a contract with that
Trader.
(f)
The Price is held in our escrow
account until the Trader and Home Owner agree (by accepting via the Platform)
that the relevant Services have been provided (Acceptance).
(g)
We keep a commission from the
Price (agreed with the Trader) as consideration for introducing you to the
Trader.
(a)
(Payment obligations) Unless otherwise agreed in writing you must
pay the Price for all Bids you accept before we connect you with the Trader,
and therefore prior to the Trader providing those Services.
(b)
(Third Party Payment
Platform) TradyBay processes payments through a Third Party Payment
Platform as set out in clause 10(i). In
addition to this agreement, your purchase of any Services via the Platform will
be subject to the terms and the privacy policy of the Third Party Payment
Platform that you choose to pay with via the Platform.
(c)
(Release) You agree to
release TradyBay and its employees and agents in respect of all liability for
loss, damage or injury which may be suffered by any person arising from any act
or omission of the Third Party Payment Platform, including any issue with
security or performance of the Third Party Payment Platform or any error or
mistake in processing your payment.
(a)
Our Platform allows Home Owners
to obtain quotes for Services from Traders. We rely on the information supplied
by the Traders to:
(i)
Determine whether they meet our
requirements; and
(ii)
When making any statements as
to the Traders on our Platform.
(b)
Whilst we use our best
endeavours to verify the accuracy of the Traders accounts including any
information and supporting certificates, documents about the Traders and their Services,
on our Platform, we act solely as a marketplace platform for Traders to sell
their Services and do not have control over the Traders’ Services, or the
information they supply or provide on the Platform.
5
SERVICES
(a)
The Consumer Rights Act 2015
gives you certain legal rights (also known as ‘statutory rights’). The Services
supplied to you must be as described, fit for purpose and of satisfactory
quality.
(b)
You may have a right to cancel
Services within 14 days of accepting a Bid, except where you have asked for the
Services to be performed within those 14 days, have waived your right to
cancel, and the Services have been fully performed.
6
CANCELLATIONS & RETURNS
6.1
CANCELLATION BY THE TRADER
(a)
TradyBay will have no liability or obligation to you if a Trader cancels
Services at any time after you have accepted their Bid.
(b)
If a Trader cancels or does not perform their Services, you may
notify us via
the Platform and then you will be refunded the Price paid in respect of the Services .
6.2
CANCELLATIONS BY YOU
(a)
You may cancel Services in
accordance with the Traders Terms.
(b)
You have a statutory right to
cancel Services within 14 days of accepting a Bid except for:
(i)
urgent repairs which have
already been completed; or
(ii)
where you have requested the
Services be provided during the 14-day period, agreed to waive your right to
cancel, and the Services have been completed.
6.3
CONSUMER RIGHTS
(a)
Your legal rights under the Consumer
Rights Act 2015 (also known as ‘statutory rights’) are set out at the top
of this agreement. They are a summary of some of your key rights. For more
detailed information on your rights and what you should expect from us, please:
(i) Contact us using the contact
details on our site; or
(ii) Visit the Citizens Advice
website www.citizensadvice.org.uk or call 0808 223 1133.
(b)
Nothing in these terms affects
your legal rights under the Consumer Rights Act 2015 (also known as
‘statutory rights’). You may also have other rights under law.
(c)
If your Services are faulty,
please contact us via the Platform.
(a)
This Platform is not intended
for unsupervised use by any person under the age of 18 years old or any person
who has previously been suspended or prohibited from using the Platform. By
using the Platform, you represent and warrant that you:
(i)
have not been suspended or
prohibited from using the Platform; and
(ii)
are either:
(A)
over the age of 18 years and
accessing the Platform for personal use; or
(B)
accessing the Platform on
behalf of someone under the age of 18 years old and consent to that person’s
use of the Platform.
(b)
Please do not access the Platform
if you are under the age of 18 years old and do not have your parent or
guardian’s consent, or if you have previously been suspended or prohibited from
using the Platform.
(c)
If you use the Platform on
behalf of a company or organisation you warrant that you have the necessary
authority from that company or organisation to do so. If you are signing up not
as an individual but on behalf of your company, your employer, an organisation,
government or other legal entity (Represented Entity), then “you” and “Home
Owner” means the Represented Entity and you are binding the Represented Entity
to this agreement. If you are accepting this agreement and using our Platform
on behalf of a Represented Entity, you represent and warrant that you are
authorised to do so.
8
YOUR OBLIGATIONS
As a Home Owner, you agree:
(a)
not to intimidate, harass, impersonate, stalk, threaten, bully or
endanger any other User or distribute unsolicited
commercial content, junk mail, spam, bulk content or harassment;
(b)
to not share your Account with any other person and that any use of your
Account by any other person is strictly prohibited. You must immediately notify
TradyBay of any unauthorised use of your Account, password or email, or any
other breach or potential breach of the Platform’s security;
(c)
to not use the Platform for any purpose other than for the purpose of
making arrangements to receive Services, including:
(i)
you must not use the Platform in a manner that
is illegal or fraudulent or facilitates illegal or fraudulent activity
(including requesting or accepting a job or a sale which includes illegal
goods, activities or purposes); and
(ii)
you must not use the Platform
in connection with any commercial or money making or other promotional or
marketing endeavours except those that are endorsed herein, or as approved in
writing by TradyBay;
(d)
not to act in any way that may harm the reputation of TradyBay or
associated or interested parties or do anything at all contrary to the
interests of TradyBay or the Platform;
(e)
you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform
without the express written consent of TradyBay;
(f)
that TradyBay may change any
features of the Platform or Services offered through the Platform at any time
without notice to you;
(g)
that information given to you
through the Platform, by TradyBay or another User including a Trader, is
general in nature and we take no responsibility for anything caused by any
actions you take in reliance on that information;
(h)
that TradyBay may cancel your
account at any time, including if it considers, in its absolute discretion,
that you are in breach or are likely to breach this clause; and
(i)
at present Stripe, and Stripe’s terms are available at https://stripe.com/gb/legal; and
(ii)
the terms of use of other third
party payment portals or other payment methods from time to time, that will be
available on other payment portal websites.
9.1
WARRANTIES
By providing or posting any information, materials or other content
on the Platform (Posted Material),
you represent and warrant that:
(a)
you are authorised to provide
the Posted Material (including by being authorised to provide any goods and services
that you represent you provide);
(b)
the Posted Material is accurate
and true at the time it is provided;
(c)
any Posted Material which is in
the form of a review or feedback is honest, accurate and presents a fair view
of the relevant person and/or your experience;
(d)
the Posted Material is free
from any harmful, discriminatory, defamatory or maliciously false implications
and does not contain any offensive or explicit material;
(e)
the Posted Material does not
infringe any Intellectual Property Rights, including copyright, trademarks,
business names, patents, confidential information or any other similar
proprietary rights, whether registered or unregistered, anywhere in the world;
(f)
the Posted Material does not
contain any viruses or other harmful code, or otherwise compromise the security
or integrity of the Platform or any network or system; and
(g)
the Posted Material does not
breach or infringe any applicable laws.
9.2
LICENCE
(a)
You grant to TradyBay a
perpetual, irrevocable, transferable, worldwide and royalty-free licence
(including the right to sublicense) to use, copy, modify, reproduce and adapt
any Intellectual Property Rights in any Posted Material in order for TradyBay
to use such Posted Material.
(b)
If it is determined that you retain moral rights (including
rights of attribution or integrity) in any Posted Material, you forever release
TradyBay from any and all claims that you could assert against TradyBay
by virtue of any such moral rights.
(c)
You indemnify TradyBay against all damages, losses, costs and
expenses incurred by TradyBay arising out of any third party claim that your
Posted Material infringes any third party’s Intellectual Property Rights.
9.3
REMOVAL
(a)
TradyBay acts as a passive
conduit for the online distribution of Posted Material and has no obligation to
screen Posted Material in advance of it being posted. However, TradyBay may, in
its absolute discretion, review and remove any Posted Material (including links
to you, your profile or listings you have posted on the Platform) at any time
without giving any explanation or justification for removing the Posted
Material.
(b)
You agree that you are responsible for keeping and maintaining records
of Posted Material.
The Platform is made
available to you strictly on an ‘as is’ basis. Without limitation, you
acknowledge and agree that TradyBay cannot and does not represent, warrant or
guarantee that:
(a)
the Platform will be free from
errors or defects;
(b)
the Platform will be accessible
at all times;
(c)
messages sent through the Platform
will be delivered promptly, or delivered at all;
(d)
information you receive or
supply through the Platform will be secure or confidential; or
(e)
any information provided
through the Platform is accurate or true.
(b)
You may make a temporary
electronic copy of all or part of the Platform Content for the sole purpose of
viewing it. You must not otherwise reproduce, transmit, adapt, distribute,
sell, modify or publish the Platform Content without prior written consent from
TradyBay or as permitted by law.
(c)
In this clause 13, “Intellectual Property Rights” means all
copyright, trade mark, design, patent, semiconductor and circuit layout rights,
trade, business, company and domain names, confidential and other proprietary
rights, and any other rights to registration of such rights whether created
before or after the date of this agreement worldwide.
The Platform may contain
text, images, data and other content provided by a third party and displayed on
the Platform (Third Party Content). TradyBay
accepts no responsibility for Third Party Content and makes no representation,
warranty or guarantee about the quality, suitability, accuracy, reliability,
currency or completeness of Third Party Content.
(a)
Any service that requires TradyBay
to acquire goods and services supplied by a third party on behalf of the Home
Owner (including a third party payment service, like the Third Party Payment
Platform may be subject to the terms and conditions of that third party (Third
Party Terms), including ‘no refund’ policies.
(b)
Traders will have their own
terms in respect of the Services they sell on our Platform (Trader Terms),
which will apply in addition to the terms of this agreement (to the extent they
are not inconsistent with this agreement) and you should read the Trader Terms
before you accept a Bid for Services from that Trader.
(c)
Users agree to familiarise
themselves with any Third Party Terms applicable to any such goods and services
and, by instructing TradyBay to acquire the goods or services on the User’s
behalf, the User will be taken to have agreed to such Third Party Terms.
TradyBay does not accept
responsibility for loss or damage to computer systems, mobile phones or other
electronic devices arising in connection with your use of the Platform. You
should take your own precautions to ensure that the process you employ to
access the Platform does not expose you to the risk of viruses, malicious
computer code or other forms of interference.
15
DISCLAIMER & LIABILITY
(a)
(Introduction service) TradyBay is a medium that facilitates the
introduction of Home Owners and Traders for the purposes of buying and selling Services.
TradyBay simply collects a service fee in consideration for providing this
introduction service and does not have any obligations or liabilities to, and
is not a party to any contract between, Home Owners and Traders in relation to
such Services or otherwise resulting from the introduction.
(b)
(Limitation of liability) To the maximum extent permitted by
applicable law, TradyBay excludes completely all liability to any person for
loss or damage of any kind, however arising whether in contract, tort
(including negligence), statute, equity, indemnity or otherwise, arising from
or relating in any way to the Platform or its use or any services provided by
any Trader. This includes the transmission of any computer virus.
(c)
(Indemnity) You agree to indemnify TradyBay and its employees and
agents in respect of all liability for loss, damage or injury which may be
suffered by any person arising from you or your representatives’:
(i)
breach of any term of this
agreement;
(ii)
use of the Platform; or
(iii)
your provision or receipt of Services
from another User.
(d)
(Consequential loss) To the maximum extent permitted by law, under
no circumstances will TradyBay be liable for any incidental, special or
consequential loss or damages, or damages for loss of data, business or
business opportunity, goodwill, anticipated savings, profits or revenue arising
under or in connection with the Platform, this agreement or their subject
matter, or any services provided by any Trader (except to the extent this
liability cannot be excluded at law.
(e)
To the extent that the provisions of any applicable law
shall impose restrictions on the extent to which liability can be excluded
under agreement including, for the avoidance of doubt, the provisions of
sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK
(and its equivalent in any other jurisdiction) relating to the requirement of
reasonableness, the exclusions set out in this clause shall be limited in
accordance with such restrictions. However, any exclusions of liability that
are not affected by such restrictions shall remain in full force and effect.
You agree that:
(a)
no information owned by TradyBay,
including system operations, documents, marketing strategies, staff information
and client information, may be disclosed or made available to any third
parties; and
(b)
all communications involving
the details of other users on this Platform and of the Trader are confidential,
and must be kept as such by you and must not be distributed nor disclosed to
any third party.
You agree to be bound by
the clauses outlined in TradyBay’s Privacy Policy, which can be accessed here
(a)
TradyBay reserves the right to
terminate a User’s access to any or all of the Platform (including any Account,
Listings and other memberships) at any time without notice, for any reason.
(b)
Users may terminate their
Account or membership on the Platform at any time by using the Platform’s
functionality where such functionality is available. Where such functionality
is not available, TradyBay will effect such termination within a reasonable
time after receiving written notice from the User.
(c)
Notwithstanding termination or
expiry of your Account or membership or this agreement, the provisions of clause
17 and any other provision
which by its nature would reasonably be expected to be complied with after
termination or expiry, will continue to apply.
To the extent permitted by
law, TradyBay reserves the right to keep all records of any and all
transactions and communications made through this Platform between you and
other Users (including conversations, user posts, job request bids, comments,
feedback, cookies, and I.P. address information) for administration purposes
and also holds the right to produce these records in the event of any legal
dispute involving TradyBay.
You acknowledge and agree that:
(a)
the Platform provides links and
introductions to Traders owned and operated by third parties that are not under
the control of TradyBay;
(b)
the provision by TradyBay of
introductions to Traders does not imply any endorsement or recommendation by TradyBay
of any Trader; and
(c)
TradyBay does not examine,
determine or warrant the certification and/or licensing, competence, solvency
or information of any Trader who uses or is listed on the Platform.
21
COMMUNICATION OUTSIDE THE WEBSITE
(a)
You must not communicate with a
Trader, or request or entice a Trader to communicate with you, outside the Platform
(except in the course of accepting the Trader’s Services under this agreement).
(b)
TradyBay, in its absolute
discretion, may cancel your Account and suspend you from using the Platform if
it finds or suspects that you have breached or are in breach of this clause.
22
NOTICES
A notice or other communication to a party under this agreement must
be:
(a)
in writing and in English; and
(b)
delivered via email to the
other party, to the email address specified in this agreement, or if no email
address is specified in this agreement, then the email address most regularly
used by the parties to correspond for the purposes of the subject matter of
this agreement as at the date of this agreement (Email Address). The
parties may update their Email Address by notice to the other party.
(c)
Unless the party sending the
notice knows or reasonably ought to suspect that an email was not delivered to
the other party’s Email Address, notice will be taken to be given:
(i)
24 hours after the email was
sent, unless that falls on a Saturday, Sunday or a public holiday in the state
or territory whose laws govern this agreement, in which case the notice will be
taken to be given on the next occurring business day in that state or
territory; or
(ii)
when replied to by the other
party,
whichever is earlier.
23
VAT
Unless otherwise indicated, amounts stated in on the Platform do not
include VAT. In relation to any VAT payable for a taxable supply by a Trader or
TradyBay, you must pay the VAT subject to receiving a tax invoice.
24
GENERAL
24.1
GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with it or its subject
matter or formation shall be governed by and construed in accordance with the
law of England and Wales. Each party irrevocably agrees that the courts of
England and Wales shall have exclusive jurisdiction to settle any dispute or
claim (including non-contractual disputes or claims) arising out of or in
connection with this agreement or its subject matter or formation.
24.2
WAIVER
No party to this agreement may rely on the words or conduct of any
other party as a waiver of any right unless the waiver is in writing and signed
by the party granting the waiver.
24.3
THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this agreement.
24.4
SEVERANCE
Any term of this agreement which is wholly or partially void or
unenforceable is severed to the extent that it is void or unenforceable. The
validity and enforceability of the remainder of this agreement are not limited
or otherwise affected.
24.5
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on,
two or more persons binds or benefits them jointly and severally.
24.6
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its
rights or obligations under this agreement without the prior written consent of
the other party.
24.7
COSTS
Except as otherwise provided in this agreement, each party must pay
its own costs and expenses in connection with negotiating, preparing, executing
and performing this agreement.
24.8
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and
supersedes any prior negotiation, conduct, arrangement, understanding or
agreement, express or implied, in relation to the subject matter of this
agreement.
24.9
INTERPRETATION
(a)
(singular and plural)
words in the singular includes the plural (and vice versa);
(b)
(gender) words
indicating a gender includes the corresponding words of any other gender;
(c)
(defined terms) if a
word or phrase is given a defined meaning, any other part of speech or
grammatical form of that word or phrase has a corresponding meaning;
(d)
(person) a reference to
“person” or “you” includes an individual, the estate of an individual, a
corporation, an authority, an association, consortium or joint venture (whether
incorporated or unincorporated), a partnership, a trust and any other entity;
(e)
(party) a reference to a
party includes that party’s executors, administrators, successors and permitted
assigns, including persons taking by way of novation and, in the case of a
trustee, includes any substituted or additional trustee;
(f)
(this agreement) a
reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure is a reference to a party, clause, paragraph, schedule, exhibit,
attachment or annexure to or of this agreement, and a reference to this
agreement includes all schedules, exhibits, attachments and annexures to it;
(g)
(document) a reference
to a document (including this agreement) is to that document as varied,
novated, ratified or replaced from time to time;
(h)
(headings) headings and
words in bold type are for convenience only and do not affect interpretation;
(i)
(includes) the word
“includes” and similar words in any form is not a word of limitation;
(j)
(adverse interpretation)
no provision of this agreement will be interpreted adversely to a party because
that party was responsible for the preparation of this agreement or that
provision; and
(k)
(currency) a reference
to £ or GBP is to pound sterling currency unless otherwise agreed in writing.
25 DISPUTES BETWEEN USERS
(a)
You should direct any complaint
relating to another User to that User. Users must take all reasonable steps to
resolve any dispute with another User with that User.
(b)
If any issue or problem
relating to the Platform remains unresolved after directing a complaint to a
relevant User, or if the complaint does not relate to another User, you must
report it to TradyBay via support@tradybay.co.uk We will assess the
complaint and attempt to quickly and satisfactorily resolve it.
(c)
Any costs you incur in relation
to a complaint or dispute will be your responsibility.
(d)
TradyBay has the option to
appoint an independent mediator or arbitrator if needed. The cost of any
mediator or arbitrator must be shared equally between each of the parties to
the dispute.
(e)
TradyBay reserves the right to
hold funds in relation to a dispute until the dispute is resolved by the
relevant parties or by a mediator or arbitrator.
(f)
If you have a dispute with TradyBay,
you agree to notify us first and enter into discussion, mediation or
arbitration with us for a minimum of a 120-day period before pursuing any other
proceedings.
(g)
Notwithstanding any other
provision of this clause 12, you
or TradyBay may at any time cancel your Account or discontinue your use of the
Platform.
