These Terms of Sale set out the terms under which Paid Listings are sold by Us to customers for advertising space on Our website, https://comparethegardeners.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Paid Listing. You will be required to read and accept these Terms of Sale before we accept your order for a Paid Listing. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Paid Listing on Our 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, unless the context otherwise requires, the following expressions have the following meanings:
2.1 Our Site, https://comparethegardeners.com/, is owned and operated by Sara Thompson of 176 Lavender Avenue Coventry CV6 1DL.
3.1 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
4.1 These Terms of Sale only apply to business customers.
4.2 If you are a business customer, these Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Paid Listings from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out 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.
4.3 If you want to quote for jobs posted on Our Site please read our terms of sale specific to this service where you will be guided through the account creation process: https://comparethegardeners.com/terms-conditions-gardener. These terms of sale only deal with advertising space on Our Site.
5.1 We may from time to time change Our pricing. Changes in price will not affect any Paid Listing that you have already purchased but will apply to any subsequent renewal of a Paid Listing or a new Paid Listing. We will inform you of any change in price at least 14 calendar days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 12.1.
5.2 We make all reasonable efforts to ensure that all prices shown on Our Site or provided to you are correct. Changes in price will not affect any order for a Paid Listing that you have already placed except for any changes in VAT rates which are outside of Our control.
5.3 All prices are checked by Us before We accept your order for a Paid Listing. In the unlikely event that We have shown or provided incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Paid Listing at the correct price or to cancel your order. We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 calendar days, We will treat your order as cancelled and notify you of this in writing.
5.4 If We discover an error in the price of your Paid Listing after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 12.4.
5.5 The fee you pay for a Paid Listing on Our Site is calculated depending upon the period of time you have paid for and the categories you select when creating your Paid Listing. We reserve the right, on occasion, to cross promote your Paid Listing on other pages of Our Site. However, this is at Our discretion and in now way guarantees a number of impressions or definitive reach.
6.1 We will guide you through the process of purchasing a Paid Listing on Our Site. Before completing your order, you will be given the opportunity to review it and amend it. Please ensure that you have checked your order carefully before submitting it.
6.2 You will be guided through the process to create a Paid Listing on Our Site. It is important that during this process you select the correct categories for the services you offer and the geographical locations you cover and which you wish to advertise in. Selection of incorrect categories will negatively affect the reach of your Paid Listing which will not be Our responsibility.
6.3 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the completion of the transaction or in the appearance of your Paid Listing on Our Site that results from you providing incorrect or incomplete information.
6.4 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Paid Listing constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that We have accepted it. Our acceptance is indicated by Us sending you a Listing Confirmation by email. Only once We have sent you a Listing Confirmation will there be a legally binding Contract between Us and you.
6.5 Listing Confirmations shall contain the following information:
6.6 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you.
6.7 Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
6.8 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Paid Listing.
7.1 Payment for Paid Listings must always be made in advance. Your chosen payment method will be charged when We process your order and send you a Listing Confirmation and on each renewal date.
7.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
7.3 We accept the following methods of payment:
You will be sent a payment receipt once your payment has been processed. Please note that Our Site does not produce invoices and the payment receipt will include all the required information. Any request for an invoice will not be accepted.
7.4 You will be sent an email when your Paid Listing is due for renewal. If you do not renew your Paid Listing it will be cancelled automatically and no longer appear on Our Site. Your Paid Listing will remain in your account if you want to reactivate it at any point in the future.
7.5 If you do not make any payment due to Us on time, We will not make your Paid Listing available on Our Site or, in the case of a renewal, will suspend its availability on Our Site. If you do not make payment within 7 calendar days of Our reminder, We will cancel the Contract, and will inform you of the cancellation in writing.
7.6 If you believe that We have charged you an incorrect amount, please contact Us at email@example.com as soon as reasonably possible to let Us know.
8.1 You agree that you will be solely responsible for your Paid Listing and its content. We accept no responsibility for the content of Paid Listings. Specifically, you agree, represent, and warrant that you have the right to submit the Paid Listing, that all the information in the Paid Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Paid Listing will comply with Our Acceptable Usage Policy, detailed below in Clause 9.
8.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
8.3 You (or your licensors, as appropriate) retain ownership of the content of your Paid Listing and all intellectual property rights subsisting therein. By submitting a Paid Listing, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Paid Listing for the purposes of operating and promoting Our Site.
8.4 Your Paid Listing will be made available on Our Site immediately when We send you a Listing Confirmation and will continue to be available for the period stated in the Listing Confirmation (including any renewals), or until the Contract is otherwise ended. If you need to amend or cancel your Paid Listing you must contact Us by email to: firstname.lastname@example.org with the changes you would like Us to make to your Paid Listing or the reason you would like to cancel the Paid Listing.
8.5 In some limited circumstances, We may need to suspend the availability of Paid Listings for reasons including, but not limited to, fixing technical problems on Our Site. If your Paid Listing is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. If the suspension lasts for more than 7 calendar days, the availability of your Paid Ad will be extended by a period equivalent to the length of the suspension. If the suspension lasts (or We tell you that it is going to last) for more than 30 calendar days, you may end the Contract as described below in sub-Clause 12.2.
8.6 If you wish to remove or amend your Paid Listing on Our Site, you must contact us in accordance with sub-Clause 8.4 above. Removing a Paid Listing also revokes the licence granted to Us to use that Paid Listing under sub-Clause 8.3. Please note, however, that caching or references to your Paid Listing may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control). Removing a Paid Listing before its expiry under this sub-Clause 8.6 will not entitle you to any refund, as per sub-Clause 11.1. For details of other cancellation rights, please refer to Clauses 11 and 12.
8.7 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Paid Listings. Any such opinions, views, or values are those of the relevant User and/or Listed Business, and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, Paid Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business.
8.8 Both parties shall comply with all applicable laws and Advertising Regulations issued, made or given by any Advertising Regulator.
8.9 The parties will co-operate with each other in ensuring that suitable objective factual product and other information is available as required to satisfy the requirements of any applicable law or Advertising Regulation.
8.10 The User shall inform Us without delay if they consider that any Paid Listing submitted to the User by Us for approval is false or misleading or in any way contrary to law or to any applicable Advertising Regulation.
8.11 Under no circumstances can We guarantee the success or outcome of any Paid Listing the User advertises on Our Site.
8.12 You shall be responsible for following the guidelines provided to you by Us in relation to technical specifications and the timelines that the Paid Listing, and all materials provided by you for the purposes of the Paid Listing, must adhere to in order for a Paid Listing to be published on Our Site. For avoidance of doubt this shall include, but is not limited to, images, content, branding and digital and/or printed material.
9.1 When submitting a Paid Listing, you must not submit or otherwise do anything (which includes any links you provide in the Paid Listing which directs visitors off Our site) that:
9.2 We reserve the right to suspend or terminate your Paid Listing and your access to Our Site if you materially breach the provisions of this Clause 9. No refunds will be given in the event of such suspension or termination. In addition, We may take one or more of the following actions:
9.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Sale.
10.1 We will provide Our service to you with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us. We always use reasonable endeavours to ensure that Our services are trouble-free. If, however, there is a problem with your Paid Listing or with any other aspect of Our services, please contact Us as soon as is reasonably possible by email to: email@example.com. We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.
11.1 You may cancel the Contract and We will remove your Paid Listing subject to sub-Clause 11.2 and Clause 12 (outlining your rights to cancel arising due to something done by Us),
11.2 If your Paid Listing is live and you wish to remove it We cannot offer any refunds and the Contract will end.
11.3 If you wish to exercise your right to cancel under this Clause 11, you can email us at: firstname.lastname@example.org and We will remove your Paid Listing. In each case, providing Us with your name, address, email address, telephone number, and Listing ID.
11.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however please note that you are under no obligation to provide any details if you do not wish to.
12.1 You may end the Contract at any time if We have informed you of a forthcoming change to Our services, or to these Terms of Sale that you do not agree to. If the change is set to take effect or apply to you before the expiry or renewal date of your Paid Listing, We will issue you with a pro-rated refund equal to the time remaining on your Paid Listing. If the change will not take effect or apply to you until the expiry or renewal date of your Paid Listing, the Contract will end on the expiry or renewal date and no refund will be due.
12.2 If We have suspended availability of your Paid Listing for more than 30 calendar days, or We have informed you that We are going to suspend availability for more than 30 calendar days, you may end the Contract immediately, as described in sub-Clause 8.5. If you end the Contract for this reason, We will issue you with a pro rated refund.
12.3 If an event outside of Our reasonable control occurs and continues for more than 90 calendar days, you may end the Contract immediately. See sub-Clause 14.2.6 for more information. If you end the Contract for this reason, We will issue you with a pro rated refund.
12.4 If We inform you of an error in the price of your Paid Listing and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a pro rated refund.
12.5 If you wish to exercise your right to cancel under this Clause 12, you may inform Us of your cancellation by email: email@example.com. In each case, providing Us with your name, address, email address, telephone number, and Listing ID.
12.6 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however please note that you are under no obligation to provide any details if you do not wish to.
12.7 Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
12.8 Refunds under this Clause 12 will be made using the same payment method that you used when purchasing your Paid Listing.
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-Clause 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 the equivalent value of 3 months’ of the total sums paid by you under the contract in question.
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.
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, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), 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, you may contact Us by email at 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 on any aspect of your dealings with Us, please contact Us by email email@example.com.
We will only use your personal information as set out in Our Privacy & Cookies Policy, available from https://comparethegardeners.com/cookie-privacy-policy.
18.1 We may transfer (assign) Our obligations and rights hereunder 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 hereunder will not be affected and Our obligations hereunder will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights hereunder without Our express written permission.
18.3 The Contract is between 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 as they relate to your Paid Listing, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).
18.7 If the User becomes insolvent, bankrupt or is in the process liquidation – either voluntary or compulsory – save for the purposes of bona fide corporate reconstruction or amalgamation, or if a receiver is appointed over the whole or any part of that Party’s assets We shall cancel the Contract immediately.
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 therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.