Effective Date: 28/10/2010

 

1.                  Introduction

1.1              This website is owned and operated by Federation of Master Builders (Limited by Guarantee), registered in England No. 368163, Gordon Fisher House, 14-15 Great James Street, London WC1N 3DP. Our VAT number is 673053834.

 

1.2              Please read these terms and conditions (TCs) carefully. They cancel and replace any previous versions. By using this website you agree to be bound by these TCs.

 

2.                  Definitions

2.1              The following definitions apply in these TCs:

 

"Content" Service

"Customer" - a person who uses Find A Builder in order to be matched with a Member

"Member" Builders

"Service" Builder service

"User" / "you" - a person who uses our Service including Members (except where the context requires otherwise)

 

3.                  Changes to the TCs

3.1              We may change these TCs by posting the revised version on our website for a reasonable period before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

 

4.                  Use of our Service

4.1              You are not eligible for, and must not use or register on, our Service if you are under 18 years of age.

 

4.2              The extent of our Find A Builder service is to match Customers with Members by location / trade / size of job and/or any other criteria which we consider appropriate. We may change such criteria at any time.

 

4.3              When deciding whether to accept a Member, we rely on certain information from and about the prospective Member. While we take reasonable care with this process, and while Members are subject to the Dispute Resolution Procedure (see www.fmb.org.uk/disputes) and agree to our code of practice (see www.fmb.org.uk/code), we cannot provide any guarantee concerning, and are not responsible for, the communications, behaviour, suitability of, quality of work or other acts or omissions by or on behalf of any Member. These are matters outside our reasonable control. It is entirely the Customer’s responsibility to carefully evaluate and select a suitable Member (including as to insurance cover, guarantees, qualifications and references) and to negotiate terms for any work to be undertaken. We do not act as the Customer’s general contractor, agent, lawyer or adviser. Customers use our Find A Builder service at their own risk.

 

4.4              We offer no guarantee that any or any particular Member will contact a Customer or agree to undertake any particular work for a Customer.

 

4.5              If you are a Member you agree:

4.5.1        that you will automatically be included on Find A Builder unless you ask to be removed (excluding Affiliate and Associate Members);

4.5.2        that we have no control over the availability or frequency of work via Find A Builder and make no guarantee that work will be obtained via the Service;

4.5.3        that you may only use information supplied by Customers only in connection with potential work for that Customer and that you will not disclose such information to any third party including but not limited to other contractors;

4.5.4        that Customers are entitled to post feedback concerning Members and their service as a result of work placed though Find A Builder; and

4.5.5        that FMB reserves the right to suspend from the Find A Builder service any Member it suspects of having generated, or conspired to generate, false feedback or who has otherwise breached these TCs.

 

4.6              You (ie all Users) agree that you will not:

4.6.1        in connection with the Service breach any applicable law, regulation or code of conduct or infringe any rights of others;

4.6.2        publish or send any Content which is or becomes false or misleading, or is sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another’s privacy, confidential, offensive, harmful, violent, threatening, harassing, stalking, defamatory, or which encourage or assist any of the foregoing, or which we otherwise consider is inappropriate;

4.6.3        disclose or make accessible to any third party any password(s), activation code(s) or similar information or use them for any purpose other than authentication for the Service.

4.6.4        publish or send any Content which involves any personal data of another person (ie information enabling someone to be identified or contacted eg name, address, email address, photo etc) unless that person is 18 years or over and you have obtained that person’s explicit written consent;

4.6.5        publish or send any Content which links to any third party websites which are illegal or contain inappropriate content;

4.6.6        use the Find A Builder service for any purpose other than for the genuine purpose of matching Customers to Members;

4.6.7        use the Service for junk mail, spam and pyramid or similar or fraudulent schemes;

4.6.8        do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings; or

4.6.9        attempt to gain unauthorised access to any part of the Service or equipment used to provide the Service.

 

4.7              We are not responsible for Content including Find A Builder feedback posted on our Service. We cannot guarantee that Content is accurate or reliable. It is not practical for us to vet or monitor Content.

 

4.8              Customers agree to only post Find A Builder feedback which relates to the actual work placed though Find A Builder and they acknowledge that Members are offered the final right of reply to their feedback.

 

4.9              We reserve the right to recommend our Dispute Resolution Procedure (see www.fmb.org.uk/disputes) to parties in the case of a dispute, including disputes arising from feedback. However, we do not guarantee that it will achieve satisfaction for either party.

 

4.10          We reserve the right to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content if it breaches our terms and conditions or is necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.

 

4.11          You must notify us immediately if you become aware of any inappropriate Content or inappropriate behaviour by any User. You can do this by visiting www.fmb.org.uk/email and selecting 'Report Abuse' when asked 'What is your query about?'.

 

4.12          Any content which we ourselves make available in connection with the Service is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.

 

4.13          Your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

 

4.14          You must ensure that all contact information (eg email and postal addresses) which you provide us is accurate and not misleading and that you will update it so that it remains so. We are not responsible for any loss or damage arising from incorrect contact information.

 

4.15          You must comply with any guidelines or requirements on our website (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or via our Service). You must promptly comply with any reasonable request or instruction by us in connection with the Service.

 

4.16          We reserve the right to irretrievably delete any Content at any time.

 

5.                  Cancellation of registration

5.1              We may at any time (giving notice by email to the extent reasonably practicable) cancel your registration for or use of our Service with or without cause. We are not responsible for loss or damage resulting from cancellation of your registration for or of use of our Service. If we have given notice of cancellation in accordance with these TCs, you must not attempt to re-register for or use our Service.

 

6.                  Functioning of our Service

6.1              You will need reliable internet access. Some features will require broadband access for the best quality of service. We cannot and do not accept any responsibility for your hardware or software or for the costs of accessing our Service.

 

6.2              We will do our best to maintain the operation of our Service and to rectify faults if they occur but cannot guarantee that the Service will be uninterrupted or error-free.

 

6.3              We may have to suspend the Service for repair, maintenance, improvement or other technical reason.

 

7.                  Third party websites

7.1              We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.

 

8.                  Intellectual property rights

8.1              All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners or Users. You may display, reproduce or otherwise use such content insofar as necessary to view it within our site for genuine purposes. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.

 

8.2              If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt, translate, display, sublicence, assign and create derivative works from that Content in any media. You waive your moral rights in relation to such content to the extent legally permitted.

 

9.                  Liability

 

9.1              Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

 

9.2              You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

 

9.3              If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

9.3.1        there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

9.3.2        such loss or damage is not a reasonably foreseeable result of any such breach;

9.3.3        such loss or damage is caused by you, for example by not complying with this agreement; or

9.3.4        such loss or damage relates to a business.

 

9.4              If you are a business, our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the sum of £1,250

 

9.5              If you are a business, in no event (including our own negligence) will we be liable for any:

9.5.1        economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

9.5.2        loss of goodwill or reputation;

9.5.3        special, indirect or consequential losses; or

9.5.4        damage to or loss of data

(even if we have been advised of the possibility of such losses).

 

9.6              If you are a consumer (ie not acting in the course of a business), you will liable for any loss or damage we suffer arising from your breach of this agreement or misuse of our Service.

 

9.7              If you are a business, you will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement or misuse of our Service.

 

10.              English law

10.1          These TCs shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

 

11.              General

11.1          Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us in connection with our Service. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

 

12.              Complaints

 

12.1          If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these TCs.

 

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