Terms and Conditions

Terms & Conditions of Use

Introduction

This website ("Website") is owned and provided by TM & SH Ltd t/a Localandtrusted .com registered in England and Wales with company number 07442064) whose registered address is Communications House, Brunswick Industrial Estate Newcastle upon Tyne NE13 7BA.

DEFINITIONS

"We", "our" and "us" means TM & SH Ltd trading as Localandtrusted.com

"You" and "your" means any customer who accesses and uses this Website with the view to submitting and posting jobs on the Website for Third parties to quote.

“Services” means any product or services offered by Third parties

“Third Parties” means that organisation offering their services on our Website

“Service Provider” means Tradesman and all other connected Third parties

General

Access to and use of this Website is subject to these Terms of Use and our Privacy Policy. By accessing and using this Website you agree to be bound by and to act in accordance with these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you are not permitted to access and use this Website and you should cease such access and/or use immediately.

If you breach any term of these Terms of Use, your right to access and use this Website shall cease immediately.
We reserve the right to amend these Terms of Use from time to time without notice by amending this page. The amended Terms of Use will be effective from the date they are posted on this Website. As these Terms of Use may be amended from time to time, you should check them whenever you visit this Website. Your continued use of this Website will constitute your acceptance of the amended Terms of Use.

Our Service

We provide an independent online service which enables you to research and compare Third Party Trade Professional whilst using this Website. Our comparison service is free for you to use. We do not add any fees or commissions to services you see on our site. Instead, we will introduce you to other parties who provide services. We are paid by charging those third party service providers a fee in return for featuring on our site

Please be aware that nothing on this Website is, or shall be deemed to constitute, endorsement by us in respect of any service referred to on this Website. Information on this Website is provided for general information and comparison purposes only, should not be relied upon by you and is provided so that you can select the service that you feel is most appropriate to meet your needs. You should always check the suitability, adequacy and appropriateness of the service provider that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any service. If you are in any doubt as to the suitability, adequacy or appropriateness of any service referred to on this Website, we suggest that you seek independent professional advice before you obtain any service via this Website
Please be aware that nothing on this Website is, or shall be deemed to constitute, an offer by us or any third party to sell you a service or to enter into any contract with you in respect of any service. By submitting your details, you are making an offer to obtain the relevant service from the relevant third party on its terms and conditions that may be accepted or rejected. The contract for the service will only be concluded once your offer has been accepted. You will receive confirmation when your offer has been accepted by the Service Provider.

We aim to provide uninterrupted access to this Website but we give no warranty as to the uninterrupted availability of this Website. We reserve the right to suspend, restrict or terminate your access to this Website at any time

We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this Website and without notice from time to time.

Permitted use

You are only permitted to access and use this Website for your personal, non-commercial purposes, meaning this Website may only be accessed and used directly by a private individual or by a business to seek a service directly for that individual or business and on their own behalf. Access to and use of this Website other than for your personal, non-commercial purposes is strictly prohibited.

You are not permitted to use this Website:

In any unlawful, fraudulent or commercial manner.

  • To harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person, or in a way that invades another person's privacy or is obscene, offensive, hateful, indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as determined by us.
  • To create, check, confirm, update, modify or amend your own or another person's databases, records or directories.
  • To tamper with, modify, reverse engineer or amend any part of this Website.
  • In a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us.
  • Using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.

Any third party may operate a link to this Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to this Website in such a way as to suggest or imply any form of association, approval or endorsement by us. We reserve the right to require you to immediately remove any link to this Website at any time and we may withdraw any linking permission at any time.

Intellectual property rights

The copyright in the information, content, material or data displayed on this Website belongs to us. You may temporarily print; copy, download or store extracts of information, content, material or data displayed on this Website for your own personal use, subject to the following

Conditions:

  • It may not be used for any commercial purposes and may not be commercially exploited, published, distributed, extracted, re-utilised or reproduced without our prior written consent.
  • You may not use any automated software, process, program or system, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system.
  • It may not be sold or transferred to any third party.
  • The copy must retain any copyright or other intellectual property notices contained in the original material.
  • Images displayed on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective owner(s).
  •  No logos, trade marks or service marks displayed on this Website may be printed or downloaded, except as part of the text of which they form part.
  • You must not modify the paper or digital copies of such information, content, material or data.
  • It may not be excerpted, utilised, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent.

All intellectual property rights including, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trade marks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website (including information, content, material or data displayed on it) belong to us and all such rights are reserved.

Except as set out elsewhere in these Terms of Use, none of the intellectual property rights belonging to us or our licensors in and relating to this Website (including information, content, material or data displayed on it) may be used, copied, modified, published, extracted, utilised, transmitted, displayed, sold, excerpted, reverse engineered, made available, reproduced, reformatted or distributed by you without our prior written consent.

Limits to our liability

Nothing in these Terms of Condition excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

Although we make every attempt to ensure that the information is correct and accurate, we 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.

In using the Services provided by us, you acknowledge that Localandtrusted is not acting as a contractor or agent and is not responsible for any work done. It is your responsibility to select a suitable Third party and to negotiate the terms for any work that they undertake, and we will not be involved or held liable for the agreement between you and the Third party.

We recommend that before you enter into a contract with any Third Party you obtain confirmation of insurance cover, guarantees, qualifications and any other necessary document that are necessary applicable to the work required to be undertaken. If you suffer any losses as a result of acting on the information provided outside of the Website, we will not be liable.

Such information, content, material or data may be inaccurate, incomplete or out of date. It is your responsibility to check that such information, content, material or data is accurate, complete, correct and up to date.

Any views, opinions, advice, reviews, ratings or comments on this Website or any third party websites which are made by third parties do not represent our views, opinions or advice should not be relied upon by you. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice, reviews, ratings or comments including in relation to their accuracy, truthfulness or completeness.

We do not give any warranty or guarantee that this Website, any third party website or any information, content, material or data on this Website or any third party website is free from viruses, spyware, malicious software, Trojans, worms, logic bombs or anything else which may have a contaminating, harmful or destructive effect on any technology. You must ensure that you use appropriate virus checking software. We are not responsible or liable for any loss or damage you may suffer or incur in this regard where caused by any third party.

We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of this Website which is caused by any event beyond our reasonable control including the electronic transmission of information, content, material and data over the internet and the interception or decryption of it by others.

We are not responsible or liable for any indirect loss or damage you may suffer or incur in connection with your use of this Website (including any loss of savings you expect to make, loss of business or business opportunity, or loss of profit or revenue) or for any loss or damage you may suffer or incur in connection with your use of this Website which was not foreseeable by us when you used this Website.

We are not responsible or liable for any loss or damage you may suffer or incur in connection with any inability to access and use this Website for any reason.

Exclusion of our liability in respect of third party advice, assistance, websites And services

You can apply for a number of services via this Website. These products and services are not provided by us but are instead provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product or service before doing so. We are not responsible or liable for any loss or damage you may suffer or incur in connection with any service you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that service.

Please be aware that the information and descriptions of products and services on this Website may not represent the complete descriptions of all the features and terms and conditions of those products and services. You must ensure that you carefully read all the features and terms and conditions of any product or service before applying for it.

If you apply for and obtain any service, you will be contracting with a third party who
Will be providing that service to you on their own terms and conditions. It is your
responsibility to ensure that you understand and agree with those terms and conditions
before entering into a contract to obtain that service. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions applying to any contract entered into by you with any third party in relation to any service or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.

We provide links from this Website and from emails sent to you as part of our service to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. You access and use these third party websites at your sole risk and your sole discretion. You are solely responsible for any use of these third party websites and for any decision to obtain or refrain from obtaining any of the services available on such third party websites. Any links to third party websites are provided for your interest and convenience only. We do not endorse, recommend or accept responsibility for such third parties, their services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise). We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their website.
Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy will be different from these Terms of Use and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any third party website before using that website. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy.

Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Website do not represent our views, opinions, advice or assistance and are not checked, monitored, reviewed, verified or endorsed by us. We do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions advice or assistance. You act or refrain from acting on any third party's views, opinions, advice or assistance at your sole risk and sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.

Please be aware that whilst this Website provides information on a wide range of products or services, there may be other products or services available on the market which is not shown on this Website and which may be more appropriate or suitable for you than those shown on this Website

Your responsibilities

You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide (including User Content as described in paragraph 4) is free from viruses, spyware, malicious software, Trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this Website or the websites of third parties or any other technology.

You may complete a registration process as part of your use of this Website which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone. Where you do disclose to or share with anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on this Website using your username, password and/or other identification information.

You must check and ensure that all information, content, material or data you provide on this Website is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on this Website is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.

Before you obtain any service from a third party, you must check all of the information, content, material or data held by the third party about you to ensure it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in the information, content, material or data held by the third party about you before you obtain any service. Failure to do so could invalidate the service provided by the third party. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data held by the third party about you is not correct, complete and accurate or if it is misleading or if you have failed to disclose all relevant facts.

You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person's details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.

You are solely responsible and liable for your conduct on this Website and for your User Content. You must ensure that:

  • Your User Content does not violate or infringe any law.
  • Your User Content is true, complete, accurate and not misleading where it relates to facts, or is genuinely held where it relates to an opinion.
  • Your User Content is not harmful, fraudulent, threatening, defamatory, embarrassing, distressing, infringing, abusive, inflammatory, intimidating, harassing, libellous, stalking, profane, obscene, indecent, inappropriate, hateful, discriminatory or racially, ethnically, sexually or otherwise objectionable.

You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on this Website and/or your User Content.

Your telephone calls

Telephone calls that you make to our customer services help line on 0191 2173108 may be monitored and/or recorded. This will help us to train our staff and improve our service to you. A recording will only be used under proper and careful supervision. Our customer service help line is available Monday to Friday 9.00am to 5.30pm GMT.

Complaints

Our aim is at all times to provide you with an excellent service. If you are unhappy with our service for any reason, please contact our Customer Services Team by writing to Localandtrusted.com Communication house Brunswick Industrial Estate Newcastle upon Tyne NE13 7BA or, by telephone on 0191 2173108 or by email to admin@localandtrusted.com

We will aim to resolve your complaint within 14 days. If we are not able to do so, we will provide you with an acknowledgement. After we have had an opportunity to investigate your concerns, we will issue you with a final response.

If you are unhappy with any service you have obtained from a third party or have any complaint regarding any third party, you should address your complaint directly to that third party. If you require their contact details, please contact our Customer Services Team who will be happy to assist.

Payment by Third Parties

The Third Party agrees to pay an annual subscription fee to Localandtrusted.com. The amount due for payment will be clearly displayed at the time of registration and therefore payment. Existing third party subscribers will be contacted prior to the expiry of their annual term with a view to offering renewal.

Feedback

You agree that customer and or user can leave you feedback if after expressing interest the third party carries out some or the entire job advertised or similar or related work. All Third Parties will be subject to feedback evaluations from Customers and or users for who they carry out work, and thereby understand that Localandtrusted.com is not responsible for the evaluation content that those Customers or users of this website post, or any harm done by such content. The Customer who posts the feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, Localandtrusted.com may remove feedback, but only at its sole discretion. Likewise, any Customer and or user of the website who posts feedback in reference to a Third party Trade Professional is responsible for its accuracy. 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 removed from further use and reported to the authorities, if applicable. Localandtrusted.com performs a number of checks on feedback to ensure authenticity and may at our sole discretion remove any feedback that we cannot verify. Removal or lack of feedback does not alter the obligation on the Third Party to pay any associated success fee.

Privacy

We are committed to protecting your privacy and we treat your privacy very seriously. We process information about you in line with our private policy. By using this Website, you agree to the way in which we process and deal with your personal information.

We may disclose your personal information or access your account if required to do so by law, any court, the Office of Fair Trading or any other applicable regulatory, compliance, Governmental or law enforcement agency.

Governing law

These Terms of Use and your access to and use of this Website shall be governed by and interpreted in accordance with English law.

Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms of Use and your access to and use of this Website (including any claims or disputes).

Last updated: 22 March 2011