MyBuilder Terms & Conditions
Terms & Conditions
Introduction
By using the Service offered through this Website, you are bound by the terms and conditions as set out below. If you do not agree to be bound by these terms and conditions, you may not use or access our Service.
Key Definitions
"Company", "MyBuilder" ("us", "we", "our" and "ours") means MyBuilder, which is a trading name of The Buildersite Ltd, registered in England No. 05272398 at Second Floor, Cardiff House, Tiling Road, London NW2 1LJ.
"Customers" means any person who submits or publishes a job on the Website for Tradesmen to quote on.
"Users", "You", means anyone making use of the Services available through the Website.
"Service" means any procedure or service that is provided by MyBuilder to Members, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.
"Trade Professionals", "Tradesmen" and "Tradespeople" means any person who registers on the Website in order to quote for work on jobs posted by Customers.
"Website" means the website www.mybuilder.com and all the pages and content contained therein.
Overview
MyBuilder provides an online forum and marketplace for Trade Professionals of all types, and potential Customers who are in need of their services.
Accuracy of Information
Although we make every attempt to ensure that it is correct and accurate, MyBuilder cannot guarantee the accuracy of the information on this Website, and are not liable for any problems or losses arising from errors in the content.
In using the Services provided by MyBuilder, you acknowledge that MyBuilder is not acting as a contractor or agent and is not responsible for any work done. It is the responsibility of the Customer to select a suitable Trade Professional and to negotiate the terms for any work that they undertake, and MyBuilder will not be involved or held liable for the agreement between the Customer and Trade Professional.
We recommend that any Customer, before entering into a contract with any Trade Professional, obtains confirmation of insurance cover, guarantees, qualifications and any other necessary document. If you suffer any problems or losses as a result of acting on the information provided outside of the Website, MyBuilder will not be liable.
Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("content") posted on, transmitted through, or linked from MyBuilder, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the Service.
You understand that MyBuilder does not control, and is not responsible for content made available through the service. Furthermore, the MyBuilder site and content available through the Service may contain links to other websites, which are completely independent of MyBuilder. MyBuilder makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.
Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will MyBuilder be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via MyBuilder.
You acknowledge that MyBuilder does not pre-screen or approve all content, but that MyBuilder shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.
MyBuilder uses a 3rd party service for it's credit check service. They operate to the highest quality standards in the industry, but errors could arise from a number of causes. You should therefore use the credit check reports with caution. MyBuilder and it's 3rd party make no representation or warranty and assume no duty of care to you.
Intellectual Property
MyBuilder own all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission.
The intellectual property rights on images and plans uploaded to MyBuilder by Users are retained by the copyright owner, and these are added to the site by Users at their own risk. And in doing so you are giving expressed permission for us to store and display these on the site.
Dealings with organisations and individuals
Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
You agree that MyBuilder shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that MyBuilder is under no obligation to become involved.
In the event that you have a dispute with one or more other Users, you hereby release MyBuilder, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
Payment Terms
MyBuilder is free to use for all Users, but charges a success fee to Trade Professionals for any work secured through the website. The success fee allows us to continue to offer:
- A free service to consumers
- Free trade registrations
- No ongoing subscriptions
- No lead fees
- No obtrusive or excessive advertising
If a Trade Professional gets work through our site, he or she is responsible for paying our success fee. The fee is calculated as a percentage of the value of the job, at most 5%. Please follow this link to view our success fee calculator.
Feedback
All Trade Professionals will be subject to feedback evaluations from Customers for who they carry out work, and thereby understand that MyBuilder is not responsible for the evaluation content that those Customers post, or any harm done by such content.
The Customer who posts the feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, MyBuilder may remove feedback, but only at its sole discretion. Likewise, any Customer of the website who posts feedback in reference to a Trade Professional is responsible for its accuracy and legality.
All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.
Privacy Policy and Data Protection
At MyBuilder (The Buildersite Ltd), we recognise and respect the importance of protecting the privacy of visitors to our website 'www.mybuilder.com'.
- Data Protection and Personal Information
We need to collect certain personal details when you register or post a job with us, in order to facilitate the services available through our website. These may include your name, address, telephone number, email address and other basic information, and in the case of trade registrations, we will also collect relevant business details, as well as references names and contact phone numbers.
All this information will be held by MyBuilder (The Buildersite Ltd) using the appropriate safeguards to ensure the highest possible levels of security, integrity and privacy.
By registering your details on the website, you consent to us contacting you via email, telephone or post, with relevant information pertaining to the services on our website. We will not share, trade or sell your information to any company or parties not directly associated with its proper use within the website.
You have the right to ask us for a copy of the information that we hold on you, in return for a small administration fee. You also have the right to update or change the information we hold about you at any time.
- Technical Data
We reserve the right to collect technical data about the type of browser software or operating system you are using for the purposes of tracking site use, or improving the service offered through our website. This information will be not used to identify you personally.
We may also place a 'cookie' on your hard drive to make help us identify you when you return to the site so that your preferences can be stored and will only be used for these purposes. You can remove 'cookies' from your computer at any time, and choose to disable 'cookies' in your internet browser settings.
- Contact details
Contact details are exchanged only when appropriate. A consumer will have access to a Trade Professional's details when a quote is submitted. Contact details will be exchanged when a viewing request or quote had been accepted. We do not allow users to display any contact details publicly on our site. All communication takes place securely through the "My Account" section of the site.
Changes
MyBuilder reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.
Limitations
You acknowledge that MyBuilder may establish limits concerning use of the Website, including the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.
You agree that MyBuilder has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that MyBuilder reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that MyBuilder shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.
Termination of service
You agree that MyBuilder, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email address, or otherwise terminate your access to or use of the website, immediately and without notice, and remove and discard any content within the website, for any reason, including, without limitation, if MyBuilder believes that you have acted inconsistently with the letter or spirit of the terms.
Further, you agree that MyBuilder shall not be liable to you or any third-party for any termination of your access to the website. Further, you agree not to attempt to use the website after said termination.
Governing Law & Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
