Thank you for accessing our Service at http://www.advancecare.co.uk and local Saniflo Repairs site. Please read this Agreement carefully as it governs your use of our Service.
Do not use the Service unless you wish to be bound by this Agreement because, by clicking ‘Next’ during the sign-up process and/or continuing to use any part of the Service, or calling and asking our engineer to attend you confirm your acceptance of this Agreement.
The Service is for use in the United Kingdom only. You must not access the Service from any other jurisdiction. You are responsible for all compliance with laws and regulations which apply to you.
Definitions
We are Advancecare.co.uk also trading as and known as national trade checker. Our office is at 174 Reigate Road, Bromley, Kent, BR1 5JW, United Kingdom. Where we refer to ourselves in this Agreement, this is also taken to include (where the context allows) our group companies, affiliates, and our and/or their employees, associated and contracted persons, and persons supplying services to us or them. You can contact us via our online contact form.
Where we refer to you in this Agreement, this also includes any person that accesses or uses our Service on your behalf in order to receive information which will assist them in securing Projects with Homeowners
The “Agreement” includes the terms set out here, the Privacy Policy, Payment Terms, and Trade Business Code of Conduct as made available via the internet and/or our “Apps” from time to time. Our “Apps” are the Advancecare.co.uk ‘Find Work’ application and any other application that we release (each as modified and/or updated by us from time to time). When you sign up to receive our services, we will provide a “Membership Confirmation“, which confirms that we will provide the Service to you in accordance with this Agreement. We may issue this to you in electronic or hard-copy format. There will also be a tariff of charges applicable to your membership level as set out in the Membership Confirmation.
The “Service”consists of engineers who are capable of giving you the required service and of the Website, our Apps, any pages we operate on third-party social media applications, and the content and services we make available through them via the internet, mobile devices including smart phones and tablets, and/or interactive television devices and services, together with the provision by us of associated information, products and services by e-mail, telephone, fax or mail.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Service will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.
Any material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage arising out of or in connection with access or use of the Service (except to the extent that such liability cannot be excluded by law).
You may not tender for any Project which is not legal or which may not legally be performed.You agree not to use the Service in any unlawful manner and in particular shall not:
You agree that you will (and will ensure that your subcontractors will) comply with:
You agree to pay the fees for using the Service in accordance with the Payment Terms and as more specifically set out below.
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service and any part of it (the “Rights“), including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in this Agreement shall be taken to transfer any of the Rights to you.
Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-transferable, licence to use the Rights.
Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
If you are dissatisfied with the Service, or the terms of this Agreement, your sole remedy under this Agreement shall be to discontinue use of the Service. In the event that your dissatisfaction arises due to an act or omission by us constituting a material breach of this Agreement, you may also claim a refund of the fees paid by you in consideration for the Service in the twelve months prior to the occurrence of the circumstances constituting such material breach.
Other than as set out above in this Limitation of Liability section, and notwithstanding any other provision of this Agreement, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Agreement.
We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.
Each of the provisions of this Clause shall be construed separately and independently of the others.
We reserve the right at all times to edit, refuse to post, or to remove from the Service any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.
We reserve the right to terminate the provision to you of the Service or restrict your access to the Service at any time without notice for any reason whatsoever (provided that no further fees shall accrue for terminated Service after the date of such termination).
Without prejudice to the generality of the above, we reserve the right to terminate the provision to you of the Service or restrict your access to the Website at any time without notice in the event that we suspect you to be in material breach of any term of this Agreement (which shall include, without limitation, where payments due from you are overdue by 14 days or more).
We reserve the right to modify or discontinue temporarily or permanently all or part of the Service with or without notice without liability for any modification or discontinuance.
We may vary the terms of this Agreement from time to time and shall post such alterations on the Website. If you do not agree to the changes made to the terms of this Agreement then you have the right to stop using Service, and should do so immediately. Your continued use of the Service after the date the changes have been posted will constitute acceptance of the amended Agreement.
Accounts which are opened but remain unused result in wasted costs being incurred by us to support those accounts. In the event that your account remains inactive for a period exceeding 30 days, we may at our discretion give you written notice of our intention to discontinue Service provision on that account. If we do not receive confirmation from you that the account is required within 14 days of the date of our notice to you, and you have not re-commenced use of the account within a further 14 days, we may discontinue Service provision on that account and retain any sums which remain standing to it as at the date the Service is discontinued to cover our administrative and other costs.
Clause headings are inserted for convenience only and shall not affect the interpretation of this Agreement.
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, in which case it shall terminate without giving rise to further liability.
You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
This Agreement constitutes the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral with the exception of the Terms of Use and/or the Homeowner User Agreement where these have been entered into. To the extent that there is any conflict between them, those agreements shall apply in the following order of precedence:
You acknowledge that you have placed no reliance on any representation made but not set out expressly in this Agreement.
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.
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.
Notwithstanding any other provision in this Agreement a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of this Agreement.
This Agreement shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
In the event of any comments or questions regarding this Agreement (including the Privacy Policy, Payment Terms, and Trade Business Code of Conduct or Public Liability Insurance) then please Contact Us.
