These Terms of Sale set out the terms under which Services are provided by Us to business customers “you”, “your” through this website, www.comparethegardeners.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before signing up toOur Site. You will be required to read and accept these Terms of Sale when creating your account “Profile”. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to create a Profile onOur Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1.1 In these Terms of Sale, unles s the context otherwise requires, the following expressions have the following meanings:
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Services for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession).
4.2 These Terms of Sale, together with any other terms referenced here in that are applicable to the Services, constitute the entire agreement between Us and you with respect to your access to Our Site. You acknowledge that you have not relied upon anystatement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
Our Services are available in the United Kingdom only.
6.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from Our Site correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
6.3 We neither represent nor warrant that all Serviceson Our Site will be available at all times and cannot necessarily confirm availability until you receive a Job Notification which matches you to a Customer who requires Gardening Services.
6.4 When you receive a Job Notification you will have the opportunity to submit a Quotation for Gardening Services to a Customer through Our Site. You do not have to submit a Quotation for every Job Notification that you receive.
6.5 You shall not be required to pay an ongoing fee to access Our Site. The fee relating to each Quotation you submit which is accepted by a Customer shall be calculated in accordance with sub-Clause 8.3 and deducted from the Quotation upon acceptance. If the Customer does not accept your Quotation, you will not be subject to a fee.
7.1 Our Site will guide you through the Profile creation process. Before submitting your Profile to Our Site you will be given the opportunity to review your Profile and amend any errors. You will also have the opportunity to amend your Profile at any time thereafter. In order to create a Profile you must confirm that you have suitable public liability insurance by confirming this, when indicated, during the Profile creation process. Once you have created your Profile it will become live and ready for you to receive Job Notifications. You must set your geographic locations accurately otherwise you will not receive Job Notifications for any locations you have not selected.
7.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Profile creation constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your request to create a Profile does not mean that We have accepted it. Our acceptance is indicated by Us sending you a Profile Confirmation by email. Only once We have sent you a Profile Confirmation email will there be a legally binding contract between Us and you (“the Contract”).
7.3 Your Profile Confirmation shall contain the following information:
7.4 You may amend your Profile at any time through Our Site. If you change your Profile, We will confirm all agreed changes by email.
8.1 Once you have received your Profile Confirmation your Profile will be live on Our Site. When a Customer posts a job on Our Site for Gardening Services which matches the characteristics of your Profile you will receive a Job Notification by email.
8.2 The Job Notification shall contain the following information:
8.3 You can, if you wish, submit a Quotation for the Gardening Services by following the instructions within the Job Notification email. There will be a calculator within the Quotation screen which allows you to calculate how Our fees are deducted from your Quotation and the amount you will eventually receive from the Customer should your Quotation be accepted by them. We will submit your Quotation to the Customer.
8.4 If the Customer accepts your Quotation, we will notify you by email.
8.5 Once We have received payment of Our fee from the Customer you shall be provided with the contact details of the Customer and the Customer shall be provided with your contact details. Any communication which takes place between you and the customer once details have been exchanged shall take place away from Our Site and We shall have no involvement or responsibility from that point on.
8.6 After details have been exchanged between you and the Customer you will be entering into a direct contractual relationship with them. It isthereforeyour responsibility to ensure that the Customer is provided with all relevant contractual obligations including, but not limited to, the customer’s right to a cooling-off period. Payment for the Gardening Services shall be between you and the Customer and We shall have no involvement inthe payment processonce a Quotation has been accepted.
8.7 If a Customer accepts your Quotation, but you fail to communicate with or visit the Customer’s property when agreed, We shall have no alternative than to provide a refund to the Customer for Our fee. In these circumstances you shall be required to compensate Our loss and we shall request this fee from you.
8.8 If We receive three consecutive complaints regarding you, any employees or contractors associated with you we shall, without notice to you, remove your Profile from Our Site.
8.9 You have the ability to delete your Profile from Our Site at any time you wish.
9.1 We will provide the Services and access to Our Site free of charge. We will begin providing the Services on the date upon whichyou create your Profile (which We shall confirm in the ProfileConfirmation).
9.2 We will continue providing the Services and access to Our Site until such time that you decide you no longer want a Profile on Our Site or you breach these Terms of Sale. You can remove your Profile at any time on Our Site. We can remove your Profile from Our Site without notice at any time if we believe you have breached these Terms of Sale.
9.3 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
9.4 If the information you provide or the action you take under sub-Clause 9.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a problem arising as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable sum for that work.
9.5 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 9.4, We may suspend the Services (and will inform you of that suspension by email).
9.6 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance before suspending or interrupting the Services.
9.7 If the Services are suspended or interrupted under sub-Clauses 9.5, or 9.6 you will not be required to pay for them during the period of suspension. You must, however, pay any sums that may already be due by the appropriate due date(s).
9.8 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via email.
9.9 We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
9.10 We will not charge you for remedying problems under this Clause 9 where the problems have been caused by Us, or any of Our agents or sub-contractors, or where nobody is at fault. If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 9.4 will apply and We may charge you for the remedial work.
10.1 If you wish to delete your Profile under this Clause 10, you may do so yourself via Our Site or inform Us of your wish to delete your Profile and We can delete it on your behalf.
10.2 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
10.3 We shall have the right to delete your Profile if you breach the contract in a material way and fail to remedy the breach within 14 days of Us asking you to do so in writing.
10.4 We shall have the right to delete your Profile due to inactivity. If your Profile has been inactive for a continuous period of 2 years,We shall remove it from Our Site without notice to You.
11.1 You may end the Contract immediately at any time by giving Us written notice in the following circumstances:
11.2 If you wish to cancel under this Clause 11, you may do so in accordance with sub-Clause 10.1 above. However, for your convenience We can also delete your Profile for us upon request by email.
12.1 We may cancel the Contract after We have begun providing the Services due to an Event outside of Our control that continues for more than 3 months (as under sub-Clause 14.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services.
12.2 Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least 30 calendar days’written notice of such cancellation.
12.3 Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 14 days.
13.1 Subject to sub-Clause 13.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
13.2 Subject to sub-Clauses 13.3 Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £200.
13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
13.4 Our liability shall cease once details have been exchanged between you and the Customer in accordance with sub-Clause 8.5.
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
15.1 If you wish to contact Us with general questions or complaints, matters relating to Our Services or any other matter you may contact Us by email: firstname.lastname@example.org.
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 If you wish to give Us feedback about any aspect of your dealings with Us, please contact Us by email: email@example.com.
17.1 All personal information of yours that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.
17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookies Policy insert link to policy here.
18.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract isbetween you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
18.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, We will give you at least one months’written notice of the changes before theycome into effect. If you wish to cancel the Contract as a result, please refer to sub-Clause 11.1.3.
19.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
19.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising there from or associated there with (whether contractual or otherwise) shall be subject to the exclusive jurisdiction ofthe courts of England and Wales.