1.Introduction
1.1.By using the Service offered through this Website, you are bound by the Terms and Conditions of this Agreement as set out below. If you do not agree to be bound by this Agreement, you may not use or access our Service.
2.Definitions
2.1.“Account Credit”means a balance of funds granted to a Trade Account that can be applied by a Tradesperson towards the payment of Shortlist Fees.
2.2.“Account Owner”means the registered business entity that has financial responsibility for a Trade Account, the ability to nominate the Trade Account Contact and the responsibility of the Trade Account’s usage.
2.3.“Content”means all postings, messages, text, files, images, photos, video, sounds, or other materials posted on the Website by you.
2.4."Company","MyBuilder"("us", "we", "our" and "ours") means MyBuilder Limited, registered in England No. 05272398 at 31a Clerkenwell Close, London EC1R 0AT and MyBuilder Plus Limited, registered in England No. 12063189 at 31a Clerkenwell Close, London EC1R 0AT.
2.5."Customer"means any person who submits or publishes a Job on the Website for Tradespeople to view and Express Interest in.
2.6."Expressing interest"means contacting, quoting or messaging a Customer found via our Service.
2.7."Job"指客户通过我们的服务提交的项目/工作。
2.8."Lead"means a Job which we give Tradespeople the opportunity to Express Interest in.
2.9.“Quote Tool”means the software developed by MyBuilder to be used by Tradespeople registered on the Website to provide quotes to Customers.
2.10."Service"means any service that is provided by MyBuilder to you. This includes but is not limited to: provision of contact details, information about Jobs, industry information and other products. The Services may be provided through the Website, telephone or by any other electronic means.
2.11."Service Agreement"指商家与客户之间就所提供的服务达成的任何协议。服务协议可以由;a verbal exchange, telephone, SMS, email or in the form of a written statement/contract.
2.12."Shortlist"means an event where a Customer chooses to share their contact details with a Tradesperson via the Website and the Customer receives the Tradesperson’s telephone number.
2.13.“Shortlist Fee”指Tradesperson因被列入工作候选名单而交换联系信息时所欠MyBuilder的约定金额。
2.14.“Trade Account”means an online profile associated with a Tradesperson registered on our Website.
2.15.“Trade Account Contact”means the person who is named on the Trade Account and has day-to-day usage of the Trade Account. This includes activities such as Expressing Interest in jobs and communicating with Customers.
2.16."Tradespeople"and“Tradesperson”指为联络客户而在本网站注册的任何商业、合伙或独资商号。
2.17."You"means anyone making use of the MyBuilder Services including, but not limited to, Tradespeople and Customers.
2.18."Website"means the website mybuilder.com and mybuilder-plus.com (or any other domain owned and controlled by MyBuilder) and all the pages, Content and sub-domains contained therein.
3.Overview
3.1.MyBuilder.com provides a marketplace that helps Customers find great Tradespeople and helps great Tradespeople win more work. Working on a principle of accountability through feedback, Tradespeople are rated on their workmanship by those who hire them through the platform.
4.Accuracy of Information
4.1.Although we attempt to ensure that it is correct and accurate, MyBuilder cannot guarantee the accuracy of the information on the Website, and is not liable for any problems or losses arising from errors in the Content.
4.2.In using the Services provided by MyBuilder, you acknowledge that MyBuilder is not acting as a contractor or agent and is not responsible for any work done by a Tradesperson registered on the Website. It is the responsibility of the Customer to select a suitable Tradesperson and to negotiate the terms for any work that they undertake. MyBuilder will not be involved or held liable for any Service Agreement between the Customer and Tradesperson.
4.3.All Customers warrant that before entering into a Service Agreement with any Tradesperson, they will verify further details such as confirmation of insurance cover, tradesperson guarantees, the tradesperson’s qualifications and any other documentation or information to ensure they are comfortable to employ the Tradesperson.
4.4.MyBuilder不是任何服务协议、合同或其他协议的一方,这些服务协议、合同或其他协议可能发生在客户和商人之间,因为他们使用我们的服务。因此,我方不对贵方因该等协议而招致的任何损失或损害承担责任。本条款在本协议终止后继续有效。
5.Content
5.1.You agree to use the Website for lawful purposes only and in a way that does not: infringe the rights of, restrict, or inhibit any other user’s use and enjoyment of the Website.
5.2.Messages, profiles, job descriptions, Feedback and other Content must:
5.2.1.not include any profanities;
5.2.2.不包括任何种族歧视、性别歧视或任何其他冒犯性的语言;and
5.2.3.not include your contact details or links to any other websites.
5.3.You are responsible for all Content that you post, message or otherwise make available via our Service.
5.4.You understand that MyBuilder does not control, and is not responsible for Content made available through the Service. Furthermore, the Website and Content available may contain links to other websites, which are completely independent of MyBuilder. MyBuilder makes no representation or warranty as to the accuracy, completeness, security or authenticity of the information contained in any such website.
5.5.Visiting links to any other websites is at your own risk. You agree that you will evaluate, and bear all risks associated with the use of that linked website.
5.6.MyBuilder will not be liable for any loss or damage incurred as a result of your use of any Content posted or otherwise made available via MyBuilder.
5.7.您理解MyBuilder不会预先筛选或批准所有内容。However, MyBuilder shall have the right but not the obligation and at its sole discretion to monitor, remove or alter any Content that is available on the Website for any reason whatsoever.
6.Intellectual Property
6.1.MyBuilder拥有与本网站有关的所有知识产权,包括设计、文本、数据库、图形和布局。您同意在未经我们明确许可的情况下,不使用或复制本网站的任何部分。
6.2.The MyBuilder logo may be used by Tradespeople whilst they are associated with an active Trade Account. In the event that a Trade Account is terminated, any Tradesperson associated with the terminated account must remove the MyBuilder logo and reference to their previous affiliation with MyBuilder from all marketing/information material associated with that Tradesperson as soon as possible and within 28 days of the account’s termination.
6.3.如果您不适当或非法使用MyBuilder拥有的任何知识产权,您的账户可能会被终止,我们保留对您采取适当法律行动的所有权利。
6.4.您上传至MyBuilder的所有内容的知识产权由版权所有者保留。您将这些内容添加到本网站,风险由您自行承担。通过这样做,您在此授予MyBuilder一项全球性的、非排他性的、全款支付的、可转让的、不可撤销的许可,以用于任何目的使用、存储、复制、修改、提供和传播数据。
6.5.For the avoidance of doubt, paragraphs 6.1, 6.2, 6.3 and 6.4 and the rights and obligations therein shall survive in the event this Agreement is terminated.
7.Dealings with organisations and individuals
7.1.Your interactions (including payment and delivery of goods or services and/or any other terms of agreement) with organisations and/or individuals found through the Website are solely between you and such organisations.
7.2.You agree that MyBuilder 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 you and another Customer/Tradesperson on this Website, or between you and any third party, you understand and agree that MyBuilder is under no obligation to become involved.
7.3.如果您与一个或多个其他客户/交易商发生争议,您在此解除MyBuilder、其管理人员、员工、代理和继承者的权利,使其免于因该等争议和/或我们的服务而产生或以任何方式与之相关的各种已知或未知、怀疑或不怀疑、披露和未披露的索赔、要求和损害赔偿(实际的和后续的)。
8.Feedback
8.1.如果在表达兴趣后,达成服务协议以执行部分或全部广告上的工作或类似或相关的工作,商家将以客户的反馈意见为依据。商人有机会对任何负面反馈做出回应。
8.2.Tradespeople understand that MyBuilder is not responsible for any Feedback that Customers post, or any harm done by such content. A Customer who posts Feedback is directly responsible for its Content and the accuracy/legality of any such Feedback.
8.4.We perform a number of checks on Feedback with the aim of ensuring that Feedback is authentic and posted by a genuine Customer. We have the sole discretion to remove Feedback that appears to be fake, but make no claim or warranty about the accuracy or authenticity of any Feedback. MyBuilder may, at its sole discretion, also remove Feedback at the request of the author.
8.5.您应就您或任何相关第三方在本网站上发布的内容造成的任何诽谤和/或诽谤索赔,赔偿MyBuilder,使其免受损害并为其辩护。本条款在本协议终止后继续有效。
9.Quote Tool
9.1.所有使用报价工具准备的报价均代表交易员或企业在报价中详细说明的报价。报价不得以任何方式代表MyBuilder的报价,且MyBuilder不应成为通过使用报价工具在交易员和客户之间达成的任何合同和/或协议的一方。
9.2.All users of the Quote Tool shall indemnify, defend and hold harmless MyBuilder, MyBuilder’s directors, employees and/or agents against any and all claims, liabilities, losses or costs suffered or incurred as a result of their usage of the Quote Tool.
9.3.MyBuilder maintains all proprietary and intellectual property rights associated with the Quote Tool at all times.
9.4.所有接受的报价将通过电子邮件发送给交易人和客户。商人和客户有责任确保该电子邮件的安全,并将其作为双方合同关系的记录。您同意MyBuilder不负责您的电子邮件帐户的功能,这可能会影响任何报价的成功交付。MyBuilder不对交易员或客户承担的任何记录保存责任负责,并可在不通知您的情况下从我们的系统删除所有报价/合同。
9.5.For the avoidance of any doubt, paragraphs 9.1, 9.2, 9.3 and 9.4 and all rights and obligations therein shall survive the termination of this Agreement.
10.Shortlist Fees
10.1.If you are a Tradesperson, you agree to pay MyBuilder a Shortlist Fee every time you are Shortlisted for a job through our Service.
10.2.Shortlist Fee清楚地显示在每个lead页面,也将清楚地显示为您表达对工作的兴趣。每个Shortlist Fee是根据可能的规模和价值的工作计算。
10.3.You understand that MyBuilder cannot influence the outcome of any particular shortlisting and does not guarantee that you will be able to quote or secure work for Jobs you are Shortlisted for.
11.Payment Terms
11.1.你方同意,你方有责任在发票的支付期限内支付我们的发票。如果您的帐户有超过14天过期的发票,您的帐户将被自动限制。
11.2.您明白,我们只接受信用卡或借记卡在线支付所有发票。通过指定一张卡来结算,您确认您被授权进行这样的购买。MyBuilder may designate or change any third-party provider to accept payment of your invoice at any time.
11.3.您同意以电子邮件的方式接收所有发票至您的贸易帐户所列的电子邮件地址。It is your responsibility to ensure that this email address is secure and working correctly.
11.4.保管好所有发票的副本是你的责任。MyBuilder does not accept any responsibility for your record-keeping duties owed to any third party including, but not limited, to HM Revenue and Customs.
12.Refunds
12.1.Refunds are rarely given but may occasionally be offered in limited circumstances. Any decision to issue a refund is made in line with our internal policies (that may be changed from time to time) and made at our sole discretion.
12.2.Any refund that is offered to Tradespeople will only be provided by way of Account Credit or credit note.
13.Account Credit
13.1.MyBuilder可能不时为您提供帐户信用。账户积分不能兑换或退回现金。帐户信用不能转移到任何其他贸易帐户。
13.2.每次您产生Shortlist Fee,您的帐户余额将减少的价值Shortlist Fee显示在领先页。If the Shortlist Fee is not fully paid by your credited account balance, an invoice will be issued for the remaining amount.
13.3.帐户信贷将提供给您的有效期限。When an expiry date is reached, any Account Credit remaining will expire and will be removed from your account balance.
14.Failed & Disputed Payments
14.1.If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on ourContact Uspage.
14.2.如果您使用的任何付款方式失败或稍后被银行或发卡机构收回,您同意支付我们产生的任何费用,外加20英镑+增值税管理费。
15.Change of Account Ownership and Trade Account Contact
15.1.There are only limited circumstances in which an Account Owner or a Trade Account Contact can be changed to a different person or legal entity. At no time may an Account Owner or Trade Account Contact be changed to an individual or organisation not associated with the Account Owner.
15.2.In the event that an Account Owner is a limited company/partnership and that limited company is dissolved or partnership is terminated, you agree to inform us using the form available on ourContact Us页面立即。
15.3.All Account Owner and Trade Account Contact changes are made at our sole discretion, in line with our internal policy that may be changed from time to time.
16.Limitations
16.1.You acknowledge that MyBuilder may establish limits concerning the use of our 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 job 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.
16.2.所有客户都承认,MyBuilder不能保证一个商人会对他们的工作表示兴趣。此外,在出现Shortlist的情况下,我们不能保证该Tradesperson将能够报价或完成该工作。
16.3.您同意MyBuilder对网站维护或传输的任何内容的删除或存储失败不承担任何责任或责任。您还承认,MyBuilder保留随时修改或停止本网站(或其任何部分)的权利,并通知或不通知。MyBuilder不对任何服务的任何修改、暂停或中断向您或任何第三方承担责任。
17.Termination of service
17.1.You agree that MyBuilder, at its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of our Website. We may do so immediately and without notice to you, for any reason, including if MyBuilder believes that you have acted inconsistently with the spirit of this Agreement.
17.2.You agree that MyBuilder shall not be liable to you or any third-party for any termination or restriction of your access to the Website.
17.3.您同意在您的帐户被终止后不再尝试使用本网站。
18.Changes
18.1.我方保留不时更改或更新本协议的权利。作为本网站的用户,您有责任确认本协议的任何更新。如果您未能这样做,您访问我们的网站可能会受到限制。
19.Governing Law & Jurisdiction
19.1.This Agreement shall be governed by and construed in accordance with English law. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the English courts.
19.2.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.
Updated: 27 February 2020