These Terms of Use were last updated on February 9th, 2023
Index
Introduction
By using the Service offered through this Website, you are bound by the terms and conditions as set out below. If you do not agree to be bound by these terms and conditions, you may not use or access our Service.
1. Definitions
- "Company", "OurIslandBuilders", "OurIslandBuilders.co.uk", "OurIslandBuilders.com", "us", "we", "our" and "ours" means Our Island Builders Ltd, registered in England No. 14871813 at Dysart House, 25 George Street, Ryde, Isle Of Wight, United Kingdom, PO33 2EW
- "Customer" means any person who submits or publishes a job on the Website for Trade Professionals to quote on.
- "Job" means project/job submitted by a customer via our service.
- "Users", "You", means anyone making use of the OurIslandBuilders services.
- "Service" means any procedure or service that is provided by OurIslandBuilders to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.
- "Trade Professionals", "Tradesmen", "Trade Members" and "Tradespeople" means any business who registers on the Website in order to quote for work posted by Customers.
- "Trade Membership" means that a Trade Professionals has an active subscription to quote for jobs, within their defined working radius and for their selected skills and trades.
- "Website" means the website OurIslandBuilders.co.uk and OurIslandBuilders.com and all the pages, content and sub-domains contained therein.
- "Expressing interest", "Expressed interest" means contacting, quoting or messaging a customer via our Service.
2. Governing Law & Jurisdiction
2.1. These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
2.2. If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
3. Accuracy of Information
3.1. Although we make every attempt to ensure that it is correct and accurate, OurIslandBuilders cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content.
3.2. In using the Services provided by OurIslandBuilders, you acknowledge that OurIslandBuilders is not acting as a contractor or agent and is not responsible for any work done. It is the responsibility of the Customer to select a suitable Trade Professional and to negotiate the terms for any work that they undertake, and OurIslandBuilders will not be involved or held liable for the agreement between the Customer and Trade Professional.
3.3. We recommend that any Customer, before entering into a contract with any Trade Professional, obtains confirmation of insurance cover, guarantees, qualifications and any other necessary document. If you suffer any problems or losses as a result of acting on the information provided outside of the Website, OurIslandBuilders will not be liable.
4. General Disclaimer - Customers
4.1. You acknowledge that it is your responsibility to select a Trade Professional and to negotiate the terms of any Work to be performed by the Trade Professional you have selected and that the Company makes no warranty regarding any goods or services purchased or obtained through an introduction made via its Website or the Services or any transactions entered into through its Website.
4.2. The Company relies on data provided by Members and Third Parties to determine which Trade Professionals are included in the database accessible via the Website and does not recommend or endorse any specific Trade Professional.
4.3. Whilst the Company shall use its reasonable endeavours to do so, it does not guarantee to be able to find a Trade Professional suitable for undertaking a Job whether by reason of geographical restrictions or otherwise.
4.4. The Company provides no guarantee that a Trade Professional to whom it has passed a Customer's Job information will contact the Customer.
4.5. The Company cannot accept any liability in respect of any contract or other agreement entered into between the Customer and the Trade Professional. In particular, but without limitation, the Company can accept no liability relating to the quality or fitness of any Work performed or omitted to be performed by any Trade Professional and accordingly shall not be liable to the Customer for any occurrence resulting from the introduction of the Trade Professional to the Customer including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Customer howsoever arising.
5. General Disclaimer - Trade Members (Tradespeople)
5.1. The Company relies on Customers to specify and describe their Job requirements. The Company makes no warranty for the accuracy or completeness of any information provided by the Customer.
5.2. The Company makes no guarantee to refer any Jobs to a Trade Member.
5.3. As the Customer retains the right to modify or withdraw its Job in the absence of a contract or other binding agreement with a Trade Member, the Company makes no warranty as to the availability or suitability of a specific Job.
5.4. As a Trade Member, you must ensure that you are legally able to tender for a Job. In addition, you must ensure that you are legally able to perform the Work specified in the Job description.
5.5. The Company is not party to any contract made between the Customer and the Trade Member in relation to a specific Job and accordingly shall not be liable to the Trade Member for any occurrence resulting from the introduction of the Customer to the Trade Member including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Trade Member howsoever arising.
5.6. Where you advise us of certification or membership of a body, we may (at our discretion) verify the information supplied to us, although the validity of the certificate is of your responsibility.
6. Privacy, Data Protection and exchange of information
6.1. By accepting this Agreement, you expressly consent to uses and disclosures of Your Information as set out in the Company's then current Privacy Policy, which is incorporated herein by reference.
6.2. The Company's Privacy Policy is available here.
6.3. The Company holds Your Information on a database and as part of the business System strictly in accordance with its Privacy Policy.
6.4. The Company will use its reasonable endeavors to forward details of Customer's Job requests to selected and suitable Trade Member. Should the Trade Member purchase the job lead by paying the appropriate job fee, the Customer will be notified of the Trade Members interest and the Trade Member will be able to send a direct message to the Customer.
6.5. The Company will make user profile information registered including ratings and comments from Members in relation to historic Jobs available for Members and non-Members to see at any stage on the Website.
6.6. If for any reason you do not wish any or all of Your Information to be used in the way set out in these Terms and Conditions then please do not use the Services of the Company.
6.7. The Company is happy to provide, on request from a Member a copy of any data held by the Company on the requesting Member on receipt of proof of identity. For this service the Company reserves the right to charge an amount to cover administrative costs, the level of which shall be communicated to the Member at such time.
6.8. Members may only use contact information obtained from the Website or any information obtained through a Company communication for communications relating to specific Job inquiries which have been notified to the Member via the Service or the Website.
6.9. Members agree not to use any personal contact information of any other Member provided via the Service or the Website for any unsolicited or commercial messages save as expressly authorised by these Terms and Conditions or where expressly authorised by the particular Member following adequate disclosure of the purpose(s). In addition, a Member agrees to only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws.
6.10. In addition, under no circumstances, except as defined in this Section, can a Member disclose personally identifiable information about another Member to any Third Party obtained as a result of the Services without the Company's consent and the consent of such other Member after adequate disclosure.
7. Disclaimer of Warranties
7.1. The Website and the Services are provided on an "as is" and "as available" basis and the Company makes no warranties or representations, whether expressed or implied, in relation to the Website or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
7.2. The Company makes no warranty that the Website or use of the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
7.3. No warranty is given by the Company as to results that may be obtained or the accuracy of any information obtained through the Website or the Services or that any defects in the Website or the Services will be corrected and you understand and agree that any material or data obtained through use of the Website or the Services is at your own discretion and risk.
8.1. You are solely responsible for Your Information. You agree to provide true, accurate, current and complete information when providing details to the Company. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
8.2. Your Information and your activities on the Website must not, be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Your Information must not infringe any Third Party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography.
8.3. Your Information must not create liability for the Company or cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. Your Information must not link directly or indirectly to any other website.
8.4. To enable the Company to use Your Information, you grant to the Company a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
8.5. Your Information may not contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any System, data or personal information. Your Information may not cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
8.6. You hereby acknowledge that the Company, at its absolute discretion, shall be entitled to edit, modify or remove any part or parts of Your Information which it considers is in breach of any of the provisions of these Terms and Conditions.
9. Your Obligations
In consideration of the Company making the Website and the Services available to you, you:
9.1. may not submit or tender for Jobs which are prohibited by Law;
9.2. are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access the Website;
9.3. accept responsibility for any content you provide on the Website;
9.4. agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the Company's prior written permission;
9.5. agree not to use the Website or the Services for any illegal purpose and in accordance with all relevant laws;
9.6. agree not to use the Website or the Services to transmit or post any chain letters or any material for the purposes of publicity, promotion and/or advertising;
9.7. agree not to use the Website or the Services to distribute by any means computer viruses or worms to Members or Third Parties;
9.8. agree not to use the Website or the Services to transmit or post any material which is defamatory, offensive, malicious, misleading or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
9.9. agree not to use the Website or the Services such that the whole or part of the Website or the Services is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website or the Services is in any way impaired;
9.10. agree not to use the Website or the Services in any manner which constitutes a violation or infringement of any person, firm or company or the rights thereof (including, but not limited to, Third Party intellectual property rights or confidentiality);
9.11. agree not to use the Website to attempt any unauthorised access to any part or component of the Website or that of any Third Party or Member to which you can connect via the Website (or other directly or otherwise connected network);
9.12. agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the Company's express written permission;
9.13. agree not use the Website or Services as source of targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of a Third Party;
9.14. agree not to bypass measures we may use now or in the future to prevent or restrict access to the Website or certain information contained therein;
9.15. agree that in the event that you have any right, claim or action against any user arising out of the use of the Website or the Service, then you will pursue such right, claim or action independently of, or without recourse to the Company.
10. The Company's Rights
10.1. The Company reserves the right to modify or discontinue all or part of, temporarily or permanently, the Website or the Service with or without notice to you and you confirm that the Company shall not be liable to you or any Third Party for any modification to or discontinuance of the Website or the Service.
10.2. The Company may change the terms and conditions from time to time and shall post such alterations on the Website.
10.3. The content, layout and organisation of the Website shall be subject to variation at the sole discretion of the Company.
10.4. In the event of the Company's publication of the Website being restricted, curtailed or prevented by any law or any other act or thing beyond the Company's control, the Company may at any time, notwithstanding anything contained in this Agreement, forthwith terminate this Agreement in whole or in part.
11. Intellectual Property
11.1. OurIslandBuilders owns all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission.
11.2. The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("content") Users upload to OurIslandBuilders are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.
12. Dealings with Organisations and Individuals
12.1. Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
12.2. You agree that OurIslandBuilders shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that OurIslandBuilders is under no obligation to become involved.
12.3. In the event that you have a dispute with one or more other Users, you hereby release OurIslandBuilders, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
12.4. In the event that you have a dispute with one or more other Users, you hereby release OurIslandBuilders, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
13. Payment Terms & Refunds
13.1 Trade Membership
- 13.1.1. Trade Membership is paid for on a subscription basis in advance. Refunds will not be given. OurIslandBuilders does not guarantee that any Trade Members will have access to any particular job, or that Trade Members will secure work from jobs posted on the Website.
- 13.1.2. If you setup an online payment agreement with PayPal, we will automatically take payment on the same day each month. The payment day is usually the same day of the month that you started your subscription.
- 13.1.3. You must close your account if you do not want your membership to renew. OurIslandBuilders will then terminate your subscription with PayPal. OurIslandBuilders will not be responsible to you or any third party for any losses or costs that may result or arise out of you not updating or cancelling your agreement prior to the renewal date.
- 13.1.4. From time to time OurIslandBuilders may change its Trade Membership prices. Provided we give you 7 days notice of a pricing change, if you do not cancel before your scheduled renewal you have agreed to the new price.
- 13.1.5. You agree that having a Trade membership does not remove OurIslandBuilders right to Limit or Terminate your services.
13.2 Failed & Disputed Payments
- 13.2.1. If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact Us page.
- 13.2.2. Failed payment attempts will be retried up to 3 times before your subscription is cancelled and your access to the Website is withdrawn.
- 13.2.3. Should any payment method you use fail or is later reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a £10 + VAT administration fee.
13.3 Feedback
- 13.3.1. You agree that customers can leave you feedback if after expressing interest you carried out some or all of the job advertised or similar or related work.
- 13.3.2. All Trade Members will be subject to feedback evaluations from Customers for who they carry out work, and thereby understand that OurIslandBuilders is not responsible for the evaluation content that those Customers post, or any harm done by such content.
- 13.3.3. The Customer who posts the feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, OurIslandBuilders may remove feedback, but only at its sole discretion. Likewise, any Customer of the website who posts feedback in reference to a Trade Professional is responsible for its accuracy and legality.
- 13.3.4. All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.
- 13.3.5. OurIslandBuilders performs a number of checks on feedback to ensure authenticity and may at our sole discretion remove any feedback that we cannot verify.
- 13.3.6. Removal or lack of feedback does not alter the obligation on the Trade Member to pay any associated subscription fee(s).
14. Disputes
14.1. Should Members have a dispute with another Member, they must, in the first instance, address such dispute directly to the Member concerned and feedback the results to OurIslandBuilders.
14.2. OurIslandBuilders may at its sole discretion without being under legal obligation to do so, investigate any grievances held by Members, and may discuss any investigation with all involved parties. However there are only three possible outcomes of a grievance investigation:
- 14.2.1. A Member may be allowed to continue using the Services of OurIslandBuilders;
- 14.2.2. A Member may be Suspended from using the Services of OurIslandBuilders for a period of time, at the discretion of OurIslandBuilders
- 14.2.3. A Member may be banned indefinitely from using the Services OurIslandBuilders.
14.3. You hereby agree to release OurIslandBuilders from any damages or claims (including punitive, consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes.
15. Limitations
15.1. You acknowledge that OurIslandBuilders may establish limits concerning use of the Website, including but not limited to the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.
15.2. You agree that OurIslandBuilders has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that OurIslandBuilders reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that OurIslandBuilders shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.
15.3. You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.
16. Suspension and Termination
16.1. OurIslandBuilders reserves the right to Suspend or discontinue its Service to individual Members, with immediate effect, as it sees fit and in circumstances including, but not limited to:
- 16.1.1. where OurIslandBuilders has not received written permission from provisional Trade Members to undertake the necessary checks when qualifications/membership details are added to their profile.
- 16.1.2. where payments that are due have not been settled within 14 days.
- 16.1.3. where OurIslandBuilders suspects that a Member is in material breach of any term hereof.
16.2. Either party may terminate this Agreement forthwith by written notice if the other commits any material breach of any term hereof and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same.
17. General
17.1. Clause headings are inserted for convenience only and shall not affect the construction hereof.
17.2. If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
17.3. You may not assign, transfer or sub-contract any of its rights hereunder without the prior written consent of OurIslandBuilders. OurIslandBuilders may assign, transfer or sub-contract all or any of its rights at any time without your consent.
17.4. Any express or implied waiver by OurIslandBuilders of any term or condition hereof or any breach or default by you may be terminated by OurIslandBuilders at any time. No such waiver shall constitute a continuing waiver nor shall it prevent OurIslandBuilders from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.
17.5. This Agreement constitutes the entire agreement between OurIslandBuilders and you as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). You acknowledge that no reliance is placed on any representation made but not embodied herein.
17.6. Any notice to be given under this Agreement may be given via E-mail, regular mail, facsimile or by hand to the address provided on the Website or otherwise as notified by one party to the other.
17.7. No terms or conditions other than those set forth herein shall be binding upon OurIslandBuilders, unless in writing and signed on behalf of both OurIslandBuilders and you.
17.8. Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
17.9. This Agreement shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.
A printed copy of these terms and conditions is available upon request.