Website and Find A Builder Terms and Conditions
Effective Date: 28/10/2010
This website is owned and operated by the Federation of Master Builders (Limited by Guarantee), registered in England No. 368163, Registered Office Address: David Croft House, 25 Ely Place, London EC1N 6TD. Telephone number: 020 7025 2900. E-mail: www.fmb.org.uk/email - Our VAT number is 673053834.
The National Warranty of Registered Builders (FMB) Ltd, FMB Training Services Ltd, and FMB Insurance Services Ltd are wholly owned subsidiary companies of the Federation of Master Builders.
FMB Training Services Ltd, is a wholly owned subsidiary of FMB that provides training services for FMB. FMB Training Services Ltd, Registered in England No: 7712578, Registered Office Address: David Croft House, 25 Ely Place, London EC1N6TD. Telephone number: 020 7025 2900. E-mail: firstname.lastname@example.org
Refund Policy for FMB Training Services Ltd - Payment: If paying by invoice please ensure payment has cleared a week before the course start date, as failure to do so will mean we are not able to secure your place on the course. Cancellations: More than 15 days before course starts: 75% refund. More than 7 days before the course starts: 50% refund. Less than 7 days before the course starts we will be unable to refund course fees. Please be aware that training materials provided for some workshops are the materials of the training company, and you shall only be able to gain access to them if you have attended the workshop.
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.
The following definitions
apply in these TCs:
- a person who uses Find A Builder in order to be matched with a Member
/ "you" - a person who uses our Service including Members (except where the
context requires otherwise)
Changes to the TCs
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.
Use of our Service
You are not eligible for,
and must not use or register on, our Service if you are under 18 years of age.
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.
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
We offer no guarantee
that any or any particular Member will contact a Customer or agree to undertake
any particular work for a Customer.
If you are a Member you
that you will
automatically be included on Find A Builder unless you ask to be removed
(excluding Affiliate and Associate Members);
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;
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;
that Customers are
entitled to post feedback concerning Members and their service as a result of
work placed though Find A Builder; and
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.
You (ie all Users) agree
that you will not:
in connection with the Service
breach any applicable law, regulation or code of conduct or infringe any rights
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;
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.
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;
publish or send any Content which
links to any third party websites which are illegal or contain inappropriate content;
use the Find A Builder
service for any purpose other than for the genuine purpose of matching
Customers to Members;
use the Service for
junk mail, spam and pyramid or similar or fraudulent schemes;
do anything which may
have the effect of disrupting the Service including worms, viruses, software
bombs or mass mailings; or
attempt to gain
unauthorised access to any part of the Service or equipment used to provide the
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.
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.
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.
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.
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?'.
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.
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).
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
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.
We reserve the right to
irretrievably delete any Content at any time.
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
Functioning of our Service
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.
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.
We may have to suspend the Service
for repair, maintenance, improvement or other technical reason.
Third party websites
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.
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.
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.
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.
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.
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:
there is no breach of a legal duty
of care owed to you by us or by any of our employees or agents;
such loss or damage is not a
reasonably foreseeable result of any such breach;
such loss or damage is caused by you,
for example by not complying with this agreement; or
such loss or damage relates to a
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
If you are a business, in no event (including our own negligence) will we
be liable for any:
economic losses (including,
without limit, loss of revenues, profits, contracts, business or anticipated
loss of goodwill or reputation;
special, indirect or consequential
damage to or loss of data
(even if we have been advised of the possibility of
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.
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.
These TCs shall be
governed by English law and any disputes will be decided only by the courts of
the United Kingdom.
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
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.