Trader Terms and Conditions
Terms and Conditions of membership on trustatrader.com and trustagarage.com
These Terms and Conditions were last updated on 28th June 2021
Trustatrader.com (“Website”) is owned, operated, controlled and made available by Trustatrader.com Limited (Company no: 05489753) whose registered office is at 5 Meadway Court, Rutherford Close, Stevenage SG1 2EF (“Trustatrader”, “we”).
1. Our Website and Services
(a) Trustatrader provides an online directory service that connects visitors and users of the Website with local tradespersons who are registered members of our Website (“Member”, “you”).
(b) In consideration of the Subscription Fee (defined and payable in accordance with clause 5) of these Terms and Conditions, we will list your business on our Website in specified categories of trade and in specific geographical areas agreed with you (the “Services”).
2. Intellectual Property
(a) We own all intellectual property rights in and to: (a) the Website and our Services (including the database, design, text, graphics and layout) and the software used therein; and (b) the names and marks “Trustatrader” and “Textatrader” and any other name or mark we may use in relation to our business and/or our Services from time to time (“Marks”) (together (a) and (b) shall be referred to as our “Intellectual Property”).
(b) You agree not to use or copy our Intellectual Property or any part thereof without our prior written consent.
(c) We grant you a non-exclusive, non-transferable, revocable, royalty-free, limited licence to use the Marks for the sole purpose of enabling you to identify that you are a Trustatrader member for advertising and marketing purposes. Any further use of Marks outside of the scope of this licence shall be subject to our prior written consent. All rights granted to you under or pursuant to this clause shall automatically terminate upon termination of these Terms and Conditions for whatever reason.
(d) Any goodwill generated from your use of any of our Marks shall inure to our benefit.
(e) Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
(f) You grant to us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform any uploaded content in connection with the Services across different media (including to promote the Website or the Service).
(g) We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
(a) We reserve the right to reject, remove and/or amend advertisements text graphics or other material submitted for inclusion on the Website, which in our sole opinion is obscene, defamatory, infringes the copyright or other rights of any third party, or which is illegal or does not meet our standards. You are solely responsible for securing and backing up your content.
(b) We do not make any representation or endorsement of the creditworthiness or value of any visitor to the Website who contacts you as a result of your entry on the Website.
(c) We accept no liability for any transactions which take place between you and visitors to the Website, nor do we accept any responsibility or liability for any loss suffered by you or by any of your customers or any other person arising out of your entry on the Website, howsoever caused.
(d) You must not do, or omit to do, anything that could cause a customer to make a complaint or bring a claim against you or us. You agree to indemnify us for any loss or damage we suffer or incur as a result of any action brought against us relating to: (a) your entry on the Website; (b) any materials or information you supply to us during the course of the Services; (c) any service or product supplied by you to customers.
(e) We do not accept any liability for any feedback posted on the Website from customers who engage you through the Website.
4. Member conditions
(a) By submitting your subscription form to us, you agree that the information you provide us on registration for the Service is full and accurate and not misleading or untrue in any way.
(b) It is your responsibility to update us of any changes to that information by post or, by emailing email@example.com
(c) Each registration for the Service is for a single user only. On registration, you will be allocated a user name and password (“ID”). You are responsible for all use of the Service using your ID and for preventing unauthorised use of your ID.
(d) Following the acceptance of your application for subscription to the Service by us, we will register your details on the Website and make the Service available to you.
(e) You must keep in force at all times valid public liability insurance cover relevant to the trade being advertised with us, up to date membership of applicable trade bodies and such qualifications as required by law.
(a) The fee for your subscription to the Website (“Subscription Fee”) is calculated and payable annually on the anniversary of the start of your Subscription (unless otherwise stated) in advance. We shall be under no obligation to provide the Service until the Subscription Fee has been paid.
(b) The Subscription Fee paid or payable under these Terms and Conditions are non-refundable notwithstanding termination of these Terms and Conditions for any reason.
6. Our obligations
(a) We undertake to you that there will be no be more than ten entries in the trade category selected by you in your registration for the Service in your geographical area at any one time.
(b) In conjunction with the Website we shall operate the text service by which potential customers can text you direct using a mobile telephone number supplied and controlled by us and included on the Website (“Textatrader”). Included in the annual Subscription Fee is the provision of Textatrader message enquiries from potential customers which will be sent electronically via email or to a mobile telephone number nominated by you. This will provide you with instant access to the potential customer’s name and number allowing you to call them back at your convenience.
(c) We both agree that it is in our mutual interest that the name and brand of “Trustatrader”, and thus the members/Traders of Trustatrader are both recognised and respected in the public eye. You also agree that it is in your interest for us to be able to remove from the Website and name any trader who is undesirable, dishonest, unreliable, not qualified or otherwise brings the good name of Trustatrader and its members into disrepute or harms or impedes the development of our business.
(a) We will be seeking feedback and references from people who engage you through the Website.
(b) If we receive a feedback questionnaire from a customer with an approval rating of less than 60% we will contact the customer and find out if the rating is justified. You acknowledge and agree that if we feel the customer’s rating is justified we can consider this a “strike” against you. If you receive three strikes or more, we will remove your details from and end your registration with the Website and use of the Service without any liability to you.
(c) If a customer submits a feedback questionnaire about you with a rating of less than 40% that is found to be justified, we reserve the right to immediately remove your details from and end your registration with the Website and use of the Service immediately without any liability to you.
(d) We reserve the right to call any customer who has submitted a questionnaire to confirm the authenticity of their feedback.
(a) We warrant that we will use all reasonable skill and care in providing the Services to you and in ensuring the availability of our Website during your Subscription.
(b) Notwithstanding the foregoing, because of the nature of the Internet, we do not guarantee that our Website, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
(c) We do not give any other warranties in respect of the Service and the Website. In particular, you should not take the accuracy of the information for granted and we make no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties.
(d) All implied conditions, warranties, representations or other terms that may apply to our Website and/or the Services are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.
(e) You warrant and undertake that:
- (i) you have the full right, power and authority to enter into these Terms and Conditions;
- (ii) the performance of your obligations under or pursuant to these Terms and Conditions does not and will not violate any other agreement to which you are a party;
- (iii) the information and materials you provide are, and will at all times be, full and accurate and not misleading or untrue in any way;
- (iv) you will provide and maintain any links published on our Website which link to your owned and operated channels only;
- (v) you will perform all services to end customers in a timely manner, in accordance with applicable law, and with the degree of skill, diligence and prudence which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances;
- (vi) you will use your best efforts to settle any customer dispute acting at all times reasonably and in good faith;
- (vii) you will fully co-operate with us in all matters relating to the Services, including any investigations we may carry out relating to a customer complaint;
- and (viii) you will provide all documents, information, items and materials reasonably required by us as it relates to our provision of the Website and Services.
(a) Both you and we agree that we will not: (i) disclose Confidential Information to any third party; (ii) use any Confidential Information aside from in connection with the fulfilment of our obligations under these Terms and Conditions or as expressly permitted in these Terms and Conditions; and (iii) that we will take all commercially reasonable measures to maintain the confidentiality of such Confidential Information in our possession or control, which will in no event be less than the measures we use to maintain the confidentiality of our own confidential information of similar importance.
(b) “Confidential Information” means any information disclosed to the other party, which is either marked as confidential or is disclosed in such a manner that it is reasonable to assume that the party disclosing it, expects the other party to keep it a secret.
(c) The obligations of this clause 9 do not apply to Confidential Information that: (i) is in or enters the public domain without breach of these Terms and Conditions; (ii) the receiving party lawfully receives from a third party who is not restricted, through a non-disclosure agreement or otherwise, from disclosing it; or (iii) the receiving party develops independently as evidenced by written documentation; or (iv) such Confidential Information that a party is compelled to disclose to a court or regulatory body.
(d) Notwithstanding the foregoing, each party is permitted to disclose Confidential Information to their professional advisors engaged to give advice in relation to these Terms and Conditions and to auditors, provided that such advisors or auditors agree to keep it confidential on the same or more restricted terms as set out in this clause 9.
10. Limitation of Liability
(b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our Website or Service; or (ii) use of or reliance on any content displayed on our Website.
(c) In particular, we will not be liable for (i) any loss of profit, sales business or revenue (whether direct or indirect); (ii) any indirect, economic or consequential loss of any kind (whether or not you have been advised of the possibility of any such loss arising) ; (iii) loss of business opportunity; (iv) loss or damage to goodwill or reputation; (iv) loss or corruption of data; or (v) loss of anticipated savings. any business losses such as lost data, lost profits or business interruption arising from your use or inability to use the Service and/or the Website or from any action taken (or refrained from being taken) as a result of using the Service.
(d) Notwithstanding the above provisions of this clause 10, our liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.
(a) We reserve the right to expand, change or revise the Service as our business grows or as conditions provide. As such, we may need to make changes to these Terms and Conditions from time to time and which we will notify to you in writing.
(b) If any provision in these Terms and Conditions are deemed or found by any competent court or authority to be invalid or not binding, we agree that such provision shall be severable from the rest of these Terms and Conditions, which shall remain fully in force.
(c) Neither you nor we shall be liable for any failure to perform our obligations hereunder, if such failure results from any act of riot, war, civil unrest, flood, earthquake or other cause beyond reasonable control (which shall not include failure caused by negligence or the financial condition of either party).
Without prejudice to any of our rights or remedies, these Terms and Conditions and your access to our Website and the Service may be terminated by us with immediate effect (or following such notice period as we see fit), by giving written notice to you if:-
(a) the circumstances referred to in clauses 6(c) and 7(b) apply;
(b) you do not pay the Subscription Fee on the due date for payment and you remain in default not less than 7 days after being notified in writing to make such payment;
(e) you fail to provide goods or services (in full or in part) to a customer who has paid for the same;
(f) you give any false or misleading information, or make any misrepresentation in connection with your membership with us and/or your business and services you provide;
(g) in our reasonable opinion, you do, or permit to be done, any act which might jeopardise or invalidate the registration of the Marks or you do any act which might assist, or give rise to, an application to remove the Marks, or which might prejudice our right or title of the Marks or Intellectual Property;
(h) in our reasonable opinion you have become involved in any situation which: (i) is to have a negative effect on our reputation of or any aspect of our business; (ii) would expose us or any aspect of our business to disrepute, scandal, ridicule or contempt, or would tend to shock, insult or offend the public in any territory in which we operate; or (iii) reflects unfavourably on our reputation, our brand or services. Such conduct shall be deemed a material breach incapable of remedy for purposes of clause 13(c). Our decision on all matters arising under this clause shall be conclusive; and
(i) we are prevented for any reason (including the events listed at clause 13(c) from providing the Website or rendering the Services for more than either five consecutive business days or 14 business days in the aggregate.
(j) You acknowledge and agree that any breach of clause 2(b), clause 2(c), clause 3(d), clause 4(a), and clause 8(e) shall automatically constitute a material breach for the purposes of clause 13(c).
(k) Either party may terminate these Terms and Conditions with immediate effect by giving written notice to the other if that other party (being a company) passes a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect or (being a partnership or other unincorporated association) is dissolved or (being a natural person) dies, or if either party becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors or has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets or ceases or threatens to cease to carry on business.
(l) Upon termination of these Terms and Conditions for any reason:
- (i) your access to our Website and our Services shall immediately cease;
- (ii) you shall cease to operate under the Trustatrader name and Marks, and not hold yourself out as a trustatrader member or do anything that may indicate any relationship between you and us;
- (iii) you shall immediately stop using our Intellectual Property, including the Marks, and take all necessary steps to remove our Intellectual Property (and Marks) from your paperwork, vehicles, website and so on;
- (iv) you must immediately cease to provide services to any customers and/or potential customers that have been referred to you via our Website and Services, provided always that you must, and you hereby agree to, fulfil any ongoing services and obligations you have to customers relating to services commenced by you or have otherwise contracted to provide prior to the date of termination;
- (v) you shall return to us all equipment, documents, materials and property belonging to us that we have provided to you in connection with the Services under these Terms and Conditions.
(m) Action will be taken against you, should any of the conditions set out in clause 14(l) not be adhered to by you.
(n) Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination of these Terms and Conditions shall remain in full force and effect.
(o) Termination of these Terms and Conditions shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms and Conditions which existed at or before the date of termination.
(a) We may transfer and/or assign our rights and/or our obligations under these Terms and Conditions and this will not affect your rights. You may not transfer any of your rights or obligations under these Terms and Conditions.
(b) If you breach these Terms and Conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these terms.
(d) These Terms and Conditions shall be governed by English law.
(e) We will try to solve any disagreements quickly and efficiently. If you want to issue court proceedings in relation to these Terms and Conditions you must do so in the United Kingdom.
(f) We will from time to time use the information that you provide about yourself to send you marketing material relating to our products and services we provide or relating to products and services supplied by carefully selected associates or third parties that we believe may be of interest to you.