Terms of website use
PART 1: GENERAL PROVISIONS
- The following definitions apply to these terms and conditions:
- Content Standards means our content standards as set out in clause 3
- Fees means the fees payable to the supplier under the provisions of clause 25
- Registered User means a user registered under the terms of clause 17
- User means any user of this website
- Terms means the terms set out in Part 1 (General Provisions) and Part 2 (Registered User Provisions)
2. Information about us
www.forgetthesalesman.com is a site operated by Legend Business Consultancy Limited (“We”). We are a limited company registered in England and Wales under company number 06837274 and have our registered office at 39c Yorktown Road, Sandhurst, Berkshire GU47 9DU. Our main trading address is Address is 39c Yorktown Road, Sandhurst, Berkshire GU47 9DU.
3. Accessing our site
- 1.1.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
- 1.1.2 From time to time, we may restrict access to some parts of our site, or our entire site, to Registered Users.
- 1.1.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
2.1 Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- 2.1.1 In any way that breaches any applicable local, national or international law or regulation.
- 2.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- 2.1.3 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
- 2.1.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- 2.1.5 To knowingly transmit any data, send or upload any material that contains viruses, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- 2.1.6 to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms.
- 2.1.7 to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
2.2 Content Standards
- 2.2.1 These standards set out below apply to any and all material which you contribute to our site (Contributions), and to any interactive services associated with it.
- 2.2.2 The standards apply to each part of any Contribution as well as to its whole.
- 2.2.3 Contributions must:
- 188.8.131.52 Be accurate (where they state facts).
- 184.108.40.206 Be genuinely held (where they state opinions).
- 220.127.116.11 Comply with applicable law in the UK and in any country from which they are posted.
- 2.2.4 Contributions must not:
- 18.104.22.168 Contain any material which is defamatory of any person.
- 22.214.171.124 Contain any material which is obscene, offensive, hateful or inflammatory, or promotes sexually explicit material or violence.
- 126.96.36.199 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- 188.8.131.52 Infringe any copyright, database right or trade mark of any other person.
- 184.108.40.206 Be likely to deceive any person.
- 220.127.116.11 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- 18.104.22.168 Promote any illegal activity.
- 22.214.171.124 Be likely to harass, upset, embarrass, alarm or annoy any other person.
- 126.96.36.199 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
4. Suspension and termination
- 2.3 We retain the right to determine whether there has been a breach of these Terms through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
- 2.4.2 A material breach may result in our taking all or any of the following actions:
- 188.8.131.52 Immediate, temporary or permanent withdrawal of your right to use our site.
- 184.108.40.206 Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- 220.127.116.11 Issue of a warning to you.
- 18.104.22.168 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- 22.214.171.124 Further legal action against you.
- 126.96.36.199 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- 2.5 We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action.
5. Intellectual property rights
- 2.6 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 2.7 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
- 2.8 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
- 2.9 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
- 2.10 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
7. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
8. Our liability
- 2.11 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- 2.11.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- 2.11.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- 2.12 Any location or mapping information is provided for guidance only. It is based on postcodes, so cannot be an exact indicator of the location of a property. No liability is accepted for the accuracy of postcode or location information.
- 2.13 1.This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
9. Information about you and your visits to our site
10. Uploading material to our site
- 2.14 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other Users, you must comply with our Content Standards. You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of that warranty.
- 2.15 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- 2.16 You will not upload material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- 2.17 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
- 2.18 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards.
11. Linking to our site
- 2.19 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- 2.20 You must not establish a link from any website that is not owned by you.
- 2.21 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards.
- 2.22 If you wish to make any use of material on our site other than that set out above, please address your request email@example.com.
12. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14. Use of Forgetthesalesman
No User shall acquire or use the word “Forgetthesalesman” or any variant that includes the word “Forgetthesalesman” as a trademark or any related intellectual property.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you when made. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.
16. Your concerns
If you have any concerns about material that appears on our site, please contact firstname.lastname@example.org.
PART 2: REGISTERED USER PROVISIONS
- 2.23 Registered Users must:
- 2.23.1 be at least 18 years old; and
- 2.23.2 always provide valid and complete contact information and must always have a valid email address
- 2.24 Registered Users may not misrepresent their identities
- 2.25 We reserve the right to reject your registration at any time and for any reason and without notice to you.
- 2.26 If you are registering on behalf of a business or any corporate body, by registering with us you are confirming that you have the proper authority to bind the business/corporate body on whose behalf you are registering
18. Our Status
- 2.27 We do not provide any home improvement services whatsoever. Our role is to provide a forum where potential buyers of home improvement services (Buyers) and businesses which provide home improvement services (Suppliers) can find each other.
- 2.28 It is the role of the parties to select each other on the basis of the services required and the contractual terms and rates offered by each of the parties. While we do carry out vetting of any Registered Users, and every effort is made to ensure the worthiness of our users, we do not provide any assurances as to the ability of a party to perform its obligations under a contract.
- 2.29 Please note that, with regard to any transaction made between Users, the resulting legal contract is between those parties, and is subject to the terms and conditions of that Supplier or other terms as agreed between the parties. Parties should review any terms and conditions applying to the transaction.
19. Use of the Site
- 2.30 The Site operates as follows:
- 2.30.1 Buyers will post on the Site requirements they have for home improvement services (Buyer Listing);
- 2.30.2 Home improvement providers will be able to offer their services on their own terms in response to any Buyer Listing (Bid). Bids become legally binding contracts, on their full original terms, once accepted by a Buyer.
- 2.31 Buyer Listings and Bids (together Submissions) may be moderated. It will be at our discretion to determine whether or not a Submission falls within our Content Standards.
- 2.32 We cannot guarantee how quickly Submissions will be posted on the Site.
- 2.33 We are under no obligation to you or any other person to oversee, monitor or moderate the Site or any other service we provide on the Site. We reserve the right to remove, or to disable access to, any submission which breaches the Content Standards.
- 2.34 Submissions may not relate to any home improvement projects prohibited by law.
- 2.35 All Submissions must state clearly:
- 2.35.1 The nature of the to be home improvement project; and
- 2.35.2 The details of the home improvement project required to comply with all relevant laws and regulations.
- 2.35.3 Full responsibility for compliance with any laws and regulations in relation to the home improvement project lies with the parties to that agreement. Parties undertaking projects in breach of any such laws or regulations may be subject to regulatory and/or criminal penalties.
21. Contact Details
- 2.36 Registered Users are not permitted to include contact information for the purpose of soliciting sales outside the Site.
- 2.37 Please note that Suppliers are required by the Electronic Commerce (EC Directive) Regulations 2002 to display their contact details, including the geographic address at which their business is established.
22. Rules for Suppliers
- 2.40 Suppliers must:
- 2.40.1 honour a transaction contract formed with a Buyer;
- 2.40.2 provide the services for which payment was accepted; and
- 2.40.3 include all taxes, including VAT, and fees payable by the Buyer for the home improvement services in any Bid.
- 2.41 Suppliers must not:
- 2.41.1 bid against their own Bid, or have associates, or employees do so;
- 2.41.2 significantly misrepresent their services by not meeting the terms and services description outlined in the Bid;
- 2.41.3 refuse to accept payment for a service if their Bid is accepted; or
- 2.41.4 attempt to contact Buyers directly or make their business identity or contact information available to Buyers by the use of photographs, images, text or logos. In the event of a home improvement provider bypassing the website, or placing fabricated bids in attempt to avoid website fees, Forgetthesalesman reserves the right to charge the equivalent to what the fee should have been based on the agreed amount plus a penalty fee of £2,500.00 for breach of these conditions. If no bid has been placed or price agreed, Forgetthesalesman will determine the deposit/fee price based on Forgetthesalesman market value. In addition, Forgetthesalesman will charge a £20 administration fee on all transactions.
- 2.41.5 any changes to the project that affects the price, must be agreed by all parties through the website.
23. Rules for Buyers
Buyers must not:
- 2.43 Submit their own bids to decrease Bids made by Suppliers. Users bidding for the provision of services must be wholly independent from the Buyer of those services.
- 2.44 Neither Buyers nor Suppliers may interfere with a transaction or offer to buy or supply home improvement in response to a Buyer’s Listing outside of the Site.
- 2.45 We will not be obliged to provide any Registered User with due diligence on any other Registered User.
- 2.46 For each transaction, Buyers and Suppliers can choose to rate each other by leaving Feedback. Buyers and Suppliers can leave a positive, negative, or a neutral rating, plus a short questionnaire.
- 2.47 These ratings are used to determine Feedback Scores. In most cases, Users receive:
- 2.47.1 +1 point for each positive rating
- 2.47.2 No points for each neutral rating
- 2.47.3 -1 point for each negative rating
- 2.48 Suppliers are not permitted to include in their Bids or terms of sale any conditions that limit or restrict the Buyer from leaving feedback.
- 2.49 Buyers are not allowed to threaten Suppliers with negative feedback or neutral Feedback in order to obtain goods or services not included in the original Buyer Listing.
- 2.50 Suppliers may not require Buyers to leave specific feedback. Suppliers may not demand that Buyers withdraw existing feedback. These prohibitions apply to all feedback activity, whether prior to, during, or after delivery of services described in the original Buyer Listing.
- 2.51 Feedback comments must comply with rules on feedback listed on the site. FORGETTHESALESMAN reserve the right to remove or modify feedback left by either the buyer or supplier without prior consent of either parties.
- 2.52 The Site is free to use for Buyers. A deposit fee (Deposit) is usually payable by a Buyer directly to the supplier when a bid accepted. The Deposit amount payable is deducted from the total value of the bid that is accepted. The payment of the balance due is payable by the Buyer directly to the Supplier in accordance to the terms and in a manner as agreed between both parties.
- 2.53 A commission fee of 5% is charged to suppliers on all contracts accepted through the website. A monthly membership fee of £97.00 is charged to all suppliers.
- 2.54 We may voluntarily waive our right to receive a Deposit in certain circumstances, but any such waiver is entirely discretionary and without accepting any legal obligation to do so.
- 2.55 On accepting any Bid the Buyer must pay the Deposit to FORGETTHESALESMAN. We receive this Deposit as agent for the Buyer.
- 2.56 Suppliers are responsible for the collection and payment of all VAT associated with the supply of services to Buyers.
- 2.57 We may suspend, waive or change the method of calculation or rates of Fees at any time, either permanently or for any limited promotional or other period. Any changes will be described on the Site.
- 2.59 Home improvement contracts are formed between Buyers and Suppliers so the negotiation and agreement of any cancellation and its consequences are matters for them. However, if one party cancels before any home improvement service has been provided and the supplier then wishes to recover their Fee then they may make a request to us for repayment. No request should be made within 7 days of the date of acceptance of the Bid or until reasonable attempts have been made to agree the terms of cancellation directly.
- 2.60 We will review all cancellation requests. If appropriate the cancelled home improvement project requirement will be relisted on the Site or deleted from it. The Deposit or the Fee may be refunded at our sole discretion. Any request for a refund fees paid should be made within 30 days of the acceptance of the bid. Forgetthesalesman cannot be liable for requests outside this timeframe. No cash refund will be provided once the buyer has received the contact details of the Supplier via FORGETTHESALESMAN. In the event that the Suppler in unable to fulfil its obligations as booked then the buyer must contact FORGETTHESALESMAN to find an alternative Supplier.
27. No Agency
Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between ourselves and any Users whatsoever. Users shall not hold themselves out as implying any such relationship with us.
28. Recommendation Functionality
- 2.61 A recommender will receive £10 Forgetthesalesman credit 7 days after a qualifying bid is accepted.
- 2.62 All credits issued are entirely at the discretion of Forgetthesalesman and can be temporarily or permanently withheld if deemed appropriate. £10 is only paid out once per user.
- 2.63 A user that has accumulated credit through recommending FORGETTHESALESMAN can cash out the credit at the value of 50% through PayPal. Charges may apply. Minimum FORGETTHESALESMAN credit required before cash out is £10 (excluding introductory credit)
- 2.64 Introductory credit has no cash value. Introductory credit can be used to upgrade a listing to a featured listing or towards a deposit payment on FORGETTHESALESMAN. Introductory credit is non-transferrable
- 2.65 No Credit will apply in the event that a delivery job was not completed.
- 2.66 Qualifying Bid = The first bid that is accepted by a user via FORGETTHESALESMAN. Introductory credit = Funds credited to a users account by FORGETTHESALESMAN when an account is opened.
- 2.67 One account per user. Credit is non-transferrable.