Please read these terms and conditions carefully before using this site and / or making use of our services
- PART 1 – rules for using our website
- PART 2 – terms and conditions under which we will provide services to you
PART 1 – These terms tell you the rules for using our website homeforce.co.uk (our site).
Who we are and how to contact us
- homeforce.co.uk is a site operated by Edinburgh HomeForce Limited (“We”). We are registered in Scotland under company number SC267790 and have our registered office at 20 Forth Street, Edinburgh, Scotland, EH1 3LH.
- We are a limited company.
- To contact us, please email info@homeforce.co.uk
By using our site you accept these terms
- By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
- If you do not agree to these terms, you must not use our site or services.
- We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
- These terms of use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy.
- If you use the services provided by us our Terms and conditions will apply to the use of the services .
We may make changes to these terms
- We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time
We may make changes to our site
- We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities
We may suspend or withdraw our site
Our site is made available free of charge.
- We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
How you may use material on our site
- 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.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
- The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
- Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
- Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms and Conditions
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
How we may use your personal information
- We will only use your personal information as set out in our privacy policy.
- We are not responsible for viruses and you must not introduce them.
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
- You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
- You may link to any page on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- 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.
- You must not establish a link to our site in any website that is not owned by you.
- 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 without our written permission.
- We reserve the right to withdraw linking permission without notice.
Which country’s laws apply to any disputes?
- If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction.
- If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.
PART 2 – These are the terms and conditions on which the Company supplies the Services to you. By submitting a request to the Company you are agreeing to these terms and conditions (Terms).
Definitions
“The Company” means – Edinburgh HomeForce Ltd (registered company number: SC267790) whose registered office is at 20 Forth Street, Edinburgh EH1 3LH including where the context so allows, its shareholders, employees and affiliates.
“You” means – property owners, managers, caretakers or any other person with authority to carry out work on the Property, and have requested the use of the Services.
“Introduction” means – matching your request with a suitable Tradesperson and passing your details to the Tradesperson in order that they may contact you. Introduce, Introduces, and Introduced shall be interpreted accordingly.
“Tradesperson” means – person, persons, companies or other organisations providing services to customers and includes the terms “trades professional”, “tradesman”, “tradespeople”, “sub contractor” or “contractor”.
“Offer” means – the provision to the Tradesperson, by the Company, of the details of a Job(s) or Work(s) requested by you. Offers and Offered shall be interpreted accordingly.
“Job(s)” or “Work(s)” means – work carried out by tradesperson at your request.
“Property” means – the property in respect of which the Job(s) or Work(s) are required to be carried out.
“Service(s)” means – the services provided by the Company to you and includes, but is not exclusive to: information, products and services in relation to the Tradesperson or Job(s) or Work(s) provided by telephone, fax or mail, on the Website and by E-mail.
“System(s)” means – the website, software, hardware, programmes, and automated processes that are used by the Company in order to provide components of the Service.
“Website(s)” means – the web space, pages, and the contents and graphics contained in such space or pages which are under the editorial control of authorised members of the Company.
- Background
- The Company provides a platform to Offer Job(s) and Work(s), requested by you, to a Tradesperson.
- Any Contracts for Job(s) and/or Work(s) shall be between you and the Tradesperson.
- There shall be no contract for Job(s) and/or Work(s) between you and the Company.
- Your Duties
- You confirm that you are the owner of the Property or that you have sufficient authority to instruct the Services.
- You shall provide the Company with the information required for your requested Job(s) or Work(s). The information provided shall be true, accurate, current and complete.
- You will inform the Company when you have asked a Tradesperson to carry out work on any job, where that job has not been offered through the Company’s System, when that Tradesperson was introduced by to you by the Company.
- You will not directly engage any Tradesman introduced to you by the Company without doing so through the company and it’s processes.
- Duty of the Company
- The Company shall use its reasonable endeavours to introduce a Tradesperson suitable for the Job or Work(s).
- The Company shall not make or enter into any contracts or commitments on your behalf or on behalf of the Tradesperson, and shall not negotiate any terms in relation to the Relevant Contract or any agreement between you and the Tradesperson.
- The Company relies on information provided by other customers, trade professionals and third parties to determine which tradesperson is referred and does not recommend or endorse any specific Tradesperson.
- The Company may decline any request to supply Services.
- Contract with the Tradesperson
- There shall be no contract for Job(s) and/or Work(s) between you and the Company.
- You shall conduct your own investigations and research into the Tradesperson Introduced to you by the Company.
- You shall negotiate the terms of any work to be performed by the Tradesperson.
- The Company provides no guarantee that a Tradesperson to whom it has passed your information will contact you or undertake Works directed by you. The Company accepts no liability in respect of any contract or agreement entered into by you and Tradesperson. In particular but without limitation, the Company accepts no Liability relating to the quality or fitness of any Job(s) or Work(s) performed or omitted to be performed by any Tradesperson.
- The company’s rights
- The Company may 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.
- The Company may change the terms and conditions from time to time and shall post such alterations on the Website.
- Intellectual property rights
- You hereby acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Website (the “Rights”), including the manner in which the Website is presented or appears and all information and documentation relating thereto is the property of the Company and nothing contained herein shall be construed so as to transfer any such rights to you.
- Ratings and Reviews
- The Company may use information provided by Tradespeople to calculate a rating for each Customer (Rating)
- The Rating shall be for the internal use of the Company and its Tradespeople only.
- Disputes and Mediation
- The Company shall not be responsible for any disputes arising between the Tradesperson and you, and the Company shall not be liable for any damages or claims 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.
- Should you have a dispute with a Tradesperson, you shall, in the first instance, address such dispute directly to the Tradesperson concerned and feedback the results to the Company.
- The Company will not arrange for alternative tradespeople to assess or do work to “rectify” work free of charge. If you would like an alternative tradesperson you shall pay any additional charges.
- The Company will not pay for or reimburse you for alternative tradespeople to complete or rectify the Job(s) or Work(s)
- If agreed by both the Tradesperson and you, the Company shall attempt to resolve the dispute in order to bring about an agreement or reconciliation between the Tradesperson and you.
- The Company shall only intervene as described at Clause 8.5 above, where:
- It has been agreed in writing by both parties that the Company may do so; and
- you submit a complaint on the Website using the complaints form.
- Any solution or suggestion made by the Company in respect of the dispute, under clause 8.5, is a suggestion only and cannot be enforced by either the Tradesperson or you.
- This Clause 8 should be read in conjunction with any process for disputes as set out in the Tradesperson’s applicable terms and conditions with you.
- Limitation of liability
- Nothing in these Terms and Conditions shall exclude or restrict liability for:
- death or personal injury resulting from the negligence of it or its employees, servants or agents acting in the course of their employment.
- Fraud or fraudulent misrepresentation
- Subject to clause 8.1 above, the Company shall not, under any circumstances whatever, be liable to the you, whether in contract, breach of statutory duty, or otherwise, for:
- any loss of profit, sales, revenue, or business;
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of agreements or contracts;
- loss of use or corruption of software, data or information;
- any loss arising out of the lawful termination of this agreement or any decision not to renew its term, or
- any loss that is an indirect or secondary consequence of any act or omission of the party in question
- The liability of the Tradesperson arising in connection with the supply of Job(s) or Work(s) shall be as set out in the Tradesperson’s applicable terms and conditions with you.
- Nothing in these Terms and Conditions shall exclude or restrict liability for:
- How we may use your personal information
- We will only use your personal information as set out in our privacy policy.
- We may publish any feedback you give us on our Website, but if we do so we will identify you only by your initials and the first part of your post code.
- Termination
11.1. Either party may terminate this agreement with immediate effect by giving written notice to the other party. - General
12.1. Variation. The Company may vary this Agreement from time to time, any such variation being binding on you one week after notification to you.
12.2. Severance. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3. Waiver. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.4. Entire Agreement. This Agreement constitutes the entire agreement between the Company and you as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation).
12.5. Notices. Any notice to be given under this Agreement may be given via E-mail, regular mail, or by hand to the address provided on the Website or otherwise as notified by one party to the other.
12.6. Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by Scots Law and the parties submit to the non-exclusive jurisdiction of the Scottish Courts.