Terms and conditions of use

1.
Introduction
1.1.
These terms and conditions shall govern your use of our website.
1.2.
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3.
If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4.
Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2.
Copyright notice
2.1.
Copyright (c) 2015 Helpwiz Ltd.
2.2.
Subject to the express provisions of these terms and conditions:
  1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.
Licence to use website
3.1.
You may:
  1. view pages from our website in a web browser;
  2. download pages from our website for caching in a web browser;
  3. print pages from our website;
  4. stream audio and video files from our website; and
  5. use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2.
Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3.
You may only use our website for the purposes of searching for, booking and managing your relationship with service providers and, if you are a service provider, for managing your relationships with customers; you must not use our website for any other purposes.
3.4.
Unless you own or control the relevant rights in the material, you must not:
  1. republish material from our website (including republication on another website);
  2. sell, rent or sub-license material from our website;
  3. show any material from our website in public;
  4. exploit material from our website for a commercial purpose; or
  5. redistribute material from our website.
3.5.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4.
Acceptable use
4.1.
You must not:
  1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
  6. violate the directives set out in the robots.txt file for our website; or
  7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5.
Use on behalf of organisation
5.1.
If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
  1. yourself; and
  2. the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
6.
Buyer registration and accounts
6.1.
This Section 6 applies to buyers and prospective buyers.
6.2.
To be eligible for a buyer account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.
6.3.
You may register for a buyer account with our website by searching for a service provider, booking a service, and then filling out the registration form.
7.
Service provider registration and accounts
7.1.
This Section 7 applies to you if you are, or wish to be, a service provider offering services to buyers through our website.
7.2.
To be eligible for a service provider account on our website under this Section 7, you must be a UK resident, have the right to work full-time in the UK and have no criminal record. You must be a sole trader or private individual, and you may not sign up as a partnership, limited company or other limited liability entity.
7.3.
You may register for a service provider account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you. Your account will not become active until we have verified your identity and right-to-work status and all criminal records checks have been completed .
7.4.
Service providers acknowledge that neither registration with our website nor the publication of a listing on our website guarantees that the service provider will receive any bookings.
8.
User login details
8.1.
If you register for an account with our website, you will be asked to choose a name and password.
8.2.
Your name must not be liable to mislead and must comply with the content rules set out in Section 23; you must not use your account or name for or in connection with the impersonation of any person.
8.3.
You must keep your password confidential.
8.4.
You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5.
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9.
Cancellation and suspension of account
9.1.
We may:
  1. suspend your account;
  2. cancel your account;
  3. edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
9.2.
You may cancel your account on our website by sending us a request to do so, to any of our email addresses. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.
10.
Non-circumvention
10.1.
If you are registered as a service provider on our website, you must not provide any cleaning services or agree to provide any cleaning services to a customer found using our website, unless the booking of those services is managed through our website and all payments relating to those services are made through our website.
10.2.
If you are registered as a buyer on our website, you must not suggest or encourage any action by a service provider that would amount to a breach of Section 10.1.
10.3.
The service provider agrees that, for each buyer in respect of whom the service provider commits a breach of Section 10.1, the service provider will pay to us on demand liquidated damages of GBP 200.
11.
Our Responsibilities - Service Providers
11.1.
With respect to service providers listed on our website, we will have the following responsibilities:
11.2.
With respect to access and publication:
(a) To enable access to the website and associated services, where an account or listing remains active, and where the service provider is not in breach of these terms and conditions.
(b) To publicise the services of the service provider on our website to clients searching for services in their search area, where the service provider is available and their listing is active.
(c) To enable quick re-publication of a listing that has been temporarily suspended, where requested and mutually agreed by us.
11.3.
With respect to record keeping:
(d) To maintain and provide access to auditable records of work carried out through our website, for the purposes of financial and tax reporting.
11.4.
With respect to disputes, complaints and reviews and service quality:
(e) From time-to-time as appropriate or where explicitly requested, to provide a non-binding opinion, to either the service provider or buyer, where a dispute over payment arises, with a view to successfully resolving the dispute.
(f) To check all complaints and reviews about the service provider for obvious factual inaccuracies (we will not exercise any editorial input). We may, in the case of duplication or other identified issues, elect not to publish a complaint or review, but publication should not be taken as an indication that the review represents the opinion of Helpwiz or any of its employees.
(g) From time-to-time, as appropriate or where explicitly requested, to provide suggestions for the improvement of customer satisfaction with respect to the service provider's clients.
11.5.
With respect to communications:
(h) We will aim to investigate and take appropriate action with respect to claims of harassment or inappropriate behaviour (short of potentially criminal action) of a service provider by a buyer.
(i) As far as possible, except where an emergency, legal obligation or dispute arises that requires otherwise, to protect the details of the service provider's identity, including telephone numbers, social media accounts, WhatsApp accounts and other such services from unintended discovery by a buyer.
(j) Aim to provide and facilitate communications between buyers and service provider, while maintaining the requirement above.
(k) Aim to ensure and from time-to-time advise on our opinion of compliance with these terms and conditions.
(l) If we deem it necessary and appropriate, to ensure that buyers having breached the bounds of acceptable behaviour with respect to a service provider are no longer able to book or communicate with the service provider, where reasonably within our control.
11.6.
With respect to data security:
(m) Aim to take all reasonable measures, including appropriately protecting and encrypting data, to prevent unauthorised access by any user or third party or any other user's data.
12.
Our Responsibilities - Buyers
12.1.
With respect to buyers purchasing services using our website, we will have the following responsibilities:
12.2.
With respect to access:
(a) To enable access to the website and associated services, where an account or booking remains active, and where the buyer is not in breach of these terms and conditions or acceptable standards of behaviour.
12.3.
With respect to record keeping:
(b) To provide access, on request or otherwise, to the details of all financial transactions processed as a result of bookings made on our website, for the period specified in our privacy policy and
(c) to provide access, on request or otherwise, to details of current and past bookings with service providers, including schedule.
12.4.
With respect to disputes, complaints and reviews and service quality:
(d) from time-to-time as appropriate or where explicitly requested, to provide a non-binding opinion, to either the service provider or buyer, where a dispute over payment arises, with a view to successfully resolving the dispute,
(e) from time-to-time, as appropriate or where explicitly requested, to suggest alternative service providers, where the buyer has issued a complaint or poor review about a service provider,
(f) we may suggest, from time to time, alternative service providers, where a disruption in service or other service quality incident, including but not limited to unexpected cancellation, rearrangement, or failure to attend a booking has occurred and
(g) to investigate and take appropriate action (potentially including removing a service provider's listing) where a serious complaint has been made; and to retain records necessary for making any such investigation.
12.5.
With respect to communications:
(h) We will aim to investigate and take appropriate action with respect to claims of harassment or inappropriate behaviour (short of potentially criminal action) of a buyer by a service provider,
(i) as far as possible, except where an emergency, legal obligation or dispute arises that requires otherwise, to protect the details of the buyer's identity and contact information, including telephone numbers, social media accounts, WhatsApp accounts and other such services from unintended discovery by a service provider (noting that sharing the buyer's address is a fundamental part of providing a service),
(j) aim to provide and facilitate communications between the buyer and service provider, while maintaining the requirement above,
(k) aim to ensure and from time-to-time advise on our opinion of compliance with these terms and conditions and
(l) If we deem it necessary and appropriate, to ensure that service providers, having breached the bounds of acceptable behaviour with respect to a buyer, are no longer able to list on our website (if appropriate) or to communicate with the buyer, where reasonably within our control, and provided there is no active dispute over payment outstanding.
12.6.
With respect to data security:
(m) Aim to take all reasonable measures, including appropriately protecting and encrypting data, to prevent unauthorised access by any user or third party to any other user's data.
13.
Reviews
13.1.
We publish reviews of service providers on our website. We also make use of aggregated ratings of services by users on our website. In this Section 11, "reviews" refers to both reviews and ratings.
13.2.
Reviewers are exclusively provided by buyers; accordingly, reviews published on our website do not necessarily reflect our views and opinions.
13.3.
You acknowledge that reviews published on our website may be out of date, biased, partial, misleading and/or inaccurate.
13.4.
You should not rely upon reviews published on our website to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action.
13.5.
Subject to Section 27.1, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.
13.6.
You agree to the publication of reviews relating to you and your business, by others, on our website; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and, subject to Section 27.1, you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews.
13.7.
Reviews that you submit to the website must be honest, reasonable and bona fide reviews of the services provided by your current service provider. You may only post a review if it relates to the services that your current service provider has provided. You must not post a review if:
(a)you have a financial interest in the subject matter of the review;
(b)you are an owner, partner, member, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review; and/or
(c)you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.

13.8.
For the avoidance of doubt, your reviews constitute "your content" for the purposes of Section 20 and Section 21.
13.9.
You acknowledge that we may publish and otherwise use, in conjunction with your reviews, the name you provide to us, but we shall have no obligation to do so.
13.10.
You hereby waive all your moral rights in your reviews to the maximum extent permitted by applicable law and warrant that all other moral rights in your reviews have been waived to the maximum extent permitted by applicable law.
14.
Service provider listings
14.1.
If you register with our website as a service provider, you will be able to submit listings to the website.
14.2.
To create a listing on our website, you should take the following steps: fill out the provider registration form, and provide all information requested by us and our background checking service in a timely manner. Once all checks have passed, your listing will be individually reviewed.
14.3.
Listings that are submitted will be individually reviewed within 7 days following submission, or the completion of background checks, whichever is later.
14.4.
Listings are at our discretion. In particular, and without prejudice to our other rights under these terms and conditions, we will reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.
14.5.
If we permit the publication of a listing, it will remain published on our website indefinitely, subject to these terms and conditions.
14.6.
Listings submitted to our website must be true, fair, complete and accurate in all respects.
14.7.
Listings submitted to our website must constitute bona fide listings relating to the provision of domestic cleaning services.
14.8.
Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.
14.9.
You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available. In particular, you must ensure that your calendar is up-to-date, and that reasonable notice of planned absences is provided on your calendar.
14.10.
You must ensure that all prices specified in or in relation to a listing are in pounds Sterling only.
15.
Service rules
15.1.
The only services that may be the subject of a listing on our website are domestic cleaning services.
15.2.
You must not use our website to advertise, buy, sell or supply physical products, intangible products or downloadable products.
15.3.
You must not advertise, buy, sell or supply through or in relation to our website any service that:
  1. breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
  2. involves the supply, distribution or publication of any material that would, if published on our website by you, contravene the provisions of Section 4 or Section 23; or
  3. relates to drugs, narcotics, steroids or controlled substances; relates to pornography or obscene, indecent or sexually explicit materials; encourages or facilitates criminal acts or civil wrongs; or encourages or facilitates the infringement of any intellectual property right.
15.4.
We will process, on behalf of service providers, all payments made by buyers to service providers.
16.
The buying and selling process
16.1.
You agree that a contract for the purchase and supply of a service or services will come into force between you and another registered website user, and accordingly that you commit to purchasing or supplying the relevant service or services, in the following circumstances:

a) A buyer searches for services, and selects a time for a service to occur.
b) The buyer registers to the site (if not already registered), provides all mandatory information and consents to these terms and conditions and the other policies of our website.
c) They buyer provides a means of payment.
d) The service provider accepts this booking.
e) Once the service provider accepts the booking, an order confirmation email will be sent to the buyer (at which point the order will become a binding contract between the service provider and the buyer).
f) Either the service provider or the buyer can cancel the booking using our website interface within the cancellation period specified on our website. Late cancellation charges may be applied by the website, on behalf of the service provider, in the event that a cancellation is made after that period. Rights to cancel under this section 14.1 (f) are independent from any right the buyer may have to cancel in accordance with Section 16.
17.
Terms and conditions of supply
17.1.
Service providers must ensure that:
  1. legal notices are sufficient to meet the service provider's legal disclosure obligations and other legal obligations; and
  2. they comply with all laws applicable to their service listings and supplies of services, including where applicable the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.
17.2.
Notwithstanding any terms agreed between a buyer and a service provider, the following provisions will be incorporated into the contract of for the supply of services between the buyer and the service provider:
  1. the price for the services will be as stated in the relevant service listing;
  2. other amounts and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the service listing;
  3. provision of the services must be made within 30 days following date the contract for the supply of the services comes into force or such shorter period as the buyer and service provider may agree;
  4. appropriate means of provision of services must be used by the service provider; and
  5. services must be provided with reasonable care and skill and must conform in all material respects to the description of the services in the service listing and any other description of the services supplied or made available by the service provider to the buyer.
17.3.
If the service provider is a trader and the buyer is a consumer, the provisions of Section 18 shall be incorporated into the contract for the supply of services between the buyer and the service provider.
17.4.
Both buyers and service providers undertake to comply with the agreed terms and conditions of supply.
18.
Distance contracts: cancellation right
18.1.
This Section 18 applies if and only if the services provider is a trader and the buyer enters into a contract with the service provider as a consumer - that is, as an individual acting wholly or mainly outside the buyer's trade, business, craft or profession.
18.2.
The buyer may withdraw an offer to enter into a contract with the service provider at any time; and the buyer may cancel a contract entered into with the service provider at any time within the period:
  1. beginning when the contract was entered into; and
  2. ending at the end of 14 days after the day on which the contract was entered into,
subject to Section 18.3. The buyer does not have to give any reason for the withdrawal or cancellation.
18.3.
The buyer agrees that the service provider may begin the provision of services before the expiry of the period referred to in Section 18.2, and the buyer acknowledges that, if the service provider does begin the provision of services before the end of that period, then:
  1. if the services are fully performed, the buyer will lose the right to cancel referred to in Section 18.2; and
  2. if the services are partially performed at the time of cancellation, the buyer must pay to the service provider an amount proportional to the services supplied or the service provider may deduct such amount from any refund due to the buyer in accordance with this Section 18.
18.4.
In order to withdraw an offer to enter into a contract or cancel a contract on the basis described in this Section 18, the buyer must inform the service provider of the buyer's decision to withdraw or cancel (as the case may be). The buyer may inform the service provider by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the service provider using the cancellation form that the service provider will make available to the buyer. To meet the cancellation deadline, it is sufficient for the buyer to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.
18.5.
If the buyer withdraws an offer to enter into a contract, or cancels a contract, on the basis described in this Section 18, the buyer will receive a full refund of any amount the buyer paid to the service provider in respect of the contract, except as specified in this Section 18.
18.6.
The service provider will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.
18.7.
The service provider will process the refund due to the buyer as a result of a cancellation on the basis described in this Section 18 without undue delay and, in any case, within the period of 14 days after the day on which the service provider is informed of the cancellation.
19.
Marketplace fees
19.1.
Marketplace service providers must pay to us certain fees and commission in respect of each sale of services made through our website.
19.2.
In respect of fees payable to us by service providers:
  1. the fees will be as specified on our website from time to time; and
  2. the scope and duration of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid.
19.3.
In respect of commission payable to us by service providers:
  1. commission shall be payable at at the rate or rates specified on our website from time to time;
  2. we shall deduct commission due from amounts held or processed by us on behalf of the service provider; and
  3. commission payments are non-refundable, irrespective of whether a buyer subsequently cancels the underlying order and irrespective of whether a buyer is entitled to, or receives, a refund in respect of such an order.
19.4.
All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
19.5.
We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
19.6.
We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.
20.
Payments
20.1.
You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
20.2.
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
20.3.
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
  1. an amount equal to the amount of the charge-back;
  2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  3. an administration fee of GBP 25.00 including VAT; and
  4. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 20.3 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 20.3.
20.4.
If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
20.5.
We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
21.
Our role
21.1.
You acknowledge that:
  1. we do not confirm the identity of buyers, check their credit worthiness or bona fides, or otherwise vet them;
  2. the identity, right-to-work and other background checks we carry our on service providers may be incomplete, and inaccurate;
  3. we do not check, audit or monitor the information contained in listings;
  4. we are not party to any contract for the sale or supply of the services advertised on the website by service providers, or involved in any transaction between a buyer and a service provider in any way, save that we facilitate a marketplace for buyers and service providers provide certain services (including management tools and payment processing) to service providers;
  5. we are not the agents for any buyer or service provider,
and accordingly we will not be liable to any person in relation to the offer for sale or supply of any services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any services and while we may provide an opinion in the interests of resolving a dispute, such opinions should not be considered binding on either party.
21.2.
You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 27.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
21.3.
For the avoidance of doubt, service providers are not our employees or our workers. Service providers are free to determine when to contract with buyers and, subject to Section 15, the agreed times for the provision of services and the specific manner in which services will be provided. Service providers have no obligation to enter into any contracts with buyers; and service providers may provide services to others outside the scope of these terms and conditions without restriction.
21.4.
The provisions of this Section 21 are subject to Section 27.1.
22.
Your content: licence
22.1.
In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
22.2.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store, edit and publish your content on and in relation to this website, any successor website and any marketing materials relating to this website or any successor website.
22.3.
You grant to us the right to sub-license the rights licensed under Section 22.2.
22.4.
You grant to us the right to bring an action for infringement of the rights licensed under Section 22.2.
22.5.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
22.6.
You may edit your content to the extent permitted using the editing functionality made available on our website.
22.7.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
23.
Your content: rules
23.1.
You warrant and represent that your content will comply with these terms and conditions.
23.2.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
23.3.
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. depict violence in an explicit, graphic or gratuitous manner;
  13. be pornographic, lewd, suggestive or sexually explicit;
  14. be untrue, false, inaccurate or misleading;
  15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  16. constitute spam;
  17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  18. cause annoyance, inconvenience or needless anxiety to any person.
23.4.
Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
23.5.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
23.6.
You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
24.
Provision of contact details
24.1.
Save where expressly requested or permitted by us to do so, you must not add any information to our website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).
25.
Report abuse
25.1.
If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
25.2.
You can let us know about any such material or activity by email or using our abuse reporting form.
26.
Limited warranties
26.1.
We do not warrant or represent:
  1. the completeness or accuracy of the information published on our website;
  2. that the material on the website is up to date; or
  3. that the website or any service on the website will remain available.
26.2.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
26.3.
To the maximum extent permitted by applicable law and subject to Section 27.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
27.
Limitations and exclusions of liability
27.1.
Nothing in these terms and conditions will:
  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
27.2.
The limitations and exclusions of liability set out in this Section 27 and elsewhere in these terms and conditions:
  1. are subject to Section 27.1; and
  2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
27.3.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
27.4.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
27.5.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
27.6.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
27.7.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
27.8.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
27.9.
Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
  1. GBP 1000; and
  2. the total amount paid and payable to us under the contract.
28.
Indemnity
28.1.
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
29.
Breaches of these terms and conditions
29.1.
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
  1. send you one or more formal warnings;
  2. temporarily suspend your access to our website;
  3. permanently prohibit you from accessing our website;
  4. block computers using your IP address from accessing our website;
  5. contact any or all of your internet service providers and request that they block your access to our website;
  6. commence legal action against you, whether for breach of contract or otherwise;
  7. suspend or delete your account on our website;
  8. contact any parties you have contracted with through the website, to inform them of the breach, and to suggest any course of action that they may wish to consider; and/or
  9. block users sharing your physical address from booking on our website.
29.2.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
29.3.
If you are a service provider and we take action against you under or in accordance with Section 27.1, you agree that we may contact any of your current and past clients and inform them of the circumstances of the action. We may also suggest alternate providers to them.
30.
Third party websites
30.1.
Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
30.2.
We have no control over third party websites and their contents, and subject to Section 27.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
31.
Trade marks
31.1.
HELPWIZ, HELPWIZ.COM, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
31.2.
The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
32.
Variation
32.1.
We may revise these terms and conditions from time to time.
32.2.
The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
32.3.
If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
33.
Assignment
33.1.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
33.2.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
34.
Severability
34.1.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
34.2.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
35.
Third party rights
35.1.
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
35.2.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
36.
Entire agreement
36.1.
Subject to Section 27.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
37.
Law and jurisdiction
37.1.
These terms and conditions shall be governed by and construed in accordance with English law.
37.2.
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
38.
Statutory and regulatory disclosures
38.1.
We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
38.2.
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
38.3.
These terms and conditions are available in the English language only.
39.
Our details
39.1.
This website is owned and operated by Helpwiz Ltd.
39.2.
We are registered in England and Wales under registration number 09646445, and our registered office is at 3 Kings Meadow, Osney Mead, Oxford, Oxfordshire, England, OX2 0DP.
39.3.
You can contact us:
  1. by post, using the postal address given above; or
  2. by using any of the specific contact forms on our website.