Terms & Conditions of Business (use of website)
This website is operated by Holmes Media (UK) Limited. A company registered in England & Wales under number 6873930, Data protection registration number PZ216853X and VAT number 904155646.
Our registered address is:
Holmes Media (UK) Limited
11 The Point
Market Harborough LE16 7QU
You can contact us here or by calling 01858 461 010
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
We will not file a copy of these terms and conditions specifically in relation to each user and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms and conditions for future reference.
These terms and conditions are provided in the English language only.
If you become a Registered Trader, you will be asked to agree to our installer terms and conditions in addition to this document.
(2) Definitions and interpretation
References in these terms and conditions to “we”, “us” and “our” are references to Holmes Media (UK) Limited; and references in these terms and conditions to “you” and “your” are references to the individual user of our website and, where the context permits, any company on behalf of which, or person on behalf of whom, the website is being used.
In addition, in these terms and conditions:
- “Customers” means individuals who request a quotation or quotations via the website;
- “Leads” means information concerning a Customer and a Customer’s quotation request that may be purchased by a Registered Trader;
- “Registered Traders” means companies, partnerships and sole traders who have registered with the website;
- “Website Material” means our website and all data, content and materials stored, hosted or displayed on our website; and
- “Your Content” means all material (including without limitation text, graphics, images, audio material, video material and audio-visual material) that you submit to us or to our website for whatever purpose (including without limitation storage or publication on, processing by, or transmission via, our website, listings, images uploaded by Registered Traders, requests for quotations, feedback about Registered Traders and reviews of Registered Traders).
Customers may submit a quotation request to the website by completing and submitting our “get a quote” form on the website.
Information about a quotation request provided via the “get a quote” form may be published to Registered Traders via our website; however, fields in the “get a quote” form soliciting personal information (such as names, addresses and contact details) will not be published on the website in this way. Customers must ensure that no personal information is included in any field of a quotation request that does not solicit personal information.
Customers agree that we may pass their personal details and the details of quotation requests to:
- Registered Traders;
- other relevant service providers not registered with or listed on our website; and
- third party Lead brokers, who themselves may pass those details on to relevant service providers.
We will pass such details on with the aim of obtaining not more than 4 quotations for the Customer. However, we may be unable to find any suitable Registered Traders to quote and we do not guarantee that any quotations will be received.
We and third parties as listed above may contact Customers (by telephone, email and SMS) in order to provide information about the processing of their personal information.
We and third parties as listed above may contact Customers (by telephone, email and SMS) for the purposes of providing quotations and gathering information in order to provide quotations.
We may contact Customers (by telephone and, unless the Customer has opted out, by email) to obtain feedback following the referral of a Lead via the website and future products and service updates from Holmes Media (UK) Limited.
(4) Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website material. Subject to the licence below, all these intellectual property rights are reserved.
You may view pages from the website using a web browser, and download pages from the website for caching purposes only, subject to the restrictions set out below and elsewhere in these terms and conditions.
You may also edit Your Content using any website functionality specifically designed for that purpose.
You must not exploit (whether commercially or otherwise), edit, modify, use, access, copy, transmit, display or re-distribute any Website Material in any way except as set out in above, or as otherwise mandated by applicable law.
You are not permitted in any circumstances to:
- re-publish Website Material (including re-publishing Website Material on another website);
- sell, rent or sub-license Website Material;
- show any Website Material in public;
- re-distribute Website Material; or
- (remove or obscure any proprietary notice associated with the Website Material.
Notwithstanding the above, you may redistribute our newsletter in print and electronic form.
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.
The licence provided for in this Section 4 is non-transferable.
(5) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not 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.
You must not 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.
You must not access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing.
You must not violate the directives set out in the robots.txt file for our website
Except as expressly permitted by these terms and conditions, you must not use data collected from our website or our directory for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
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. You must not submit hoax, fake, unlawful, offensive or fraudulent Leads through our website.
(6) Content rules
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate, transmit and distribute Your Content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You warrant and represent that your content will comply with these terms and conditions.
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 whether against any person (in each case in any jurisdiction and under any applicable law).
Your Content, and the use of Your Content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy, or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic or gratuitous manner;
- be pornographic, lewd, suggestive or sexually explicit;
- be untrue, false, inaccurate or misleading;
- 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;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
Your Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
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.
You must not submit to our website any content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You must ensure that your content, and the use of that content in accordance with these terms and conditions, does not constitute any financial service or activity regulated or controlled by or pursuant to UK financial services law or any other applicable law.
We reserve the right to edit or remove from our website or suspend the publication of any material submitted to our website, or stored on our servers, or hosted or published upon our website (including without limitation listings).
Notwithstanding our rights under these terms and conditions in relation to content supplied by users, we do not undertake to monitor such content, or the publication of such content on our website.
(7) Report Abuse
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. You can let us know about any such material or activity by email email@example.com
(8) Limited warranties
You acknowledge that much of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant or represent the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
You further acknowledge that:
- we do not confirm the identity of Customers or Registered Traders, check the credit worthiness, suitability or bona fides of Customers or Registered Traders, or otherwise vet Customers or Registered Traders;
- we do not check, audit, monitor or control the information contained in listings on the website or supplied as part of a quotation request or Lead or quotation;
- we are not party to any contract for the supply of goods and/or services entered into between a Customer and a Registered Trader following a referral made through the website; and
- we are not the agents for any Registered Trader or Customer,
and accordingly we will not be liable to any person, whether acting as Customer or Registered Trader or otherwise, in relation to the offer for supply or supply of goods and/or services; furthermore we are not responsible for the enforcement of any contractual obligations arising out of any contract for the supply of goods and/or services and we will have no obligation to mediate between parties to any such contract.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the subject matter of these terms and conditions, this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
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.
(9) Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the 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.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
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.
We will not be liable to you in respect of any loss or corruption of any personal data.
We will not be liable to you in respect of any loss or corruption of any non-personal data or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you acknowledge that we are a limited liability entity and agree that you will not bring any claim personally against individual 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 company itself for the acts and omissions of our officers and employees.
You hereby indemnify us and undertake to keep us indemnified against any 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 arising directly or indirectly out of your use of our website, or any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(11) Breaches of these terms and conditions
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:
- send you one or more formal warnings;
- temporarily suspend your access to the website;
- permanently prohibit you from accessing the website;
- block computers using your IP address from accessing the website;
- contact any or all of your internet services provider and request that they block your access to the website;
- commence legal action against you, whether for breach of contract or otherwise;
- delete and/or edit any or all of your directory or website submissions; and/or
- suspend and/or delete your account with the website.
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).
(12) Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
(13) Trade marks
Holmes Media, our logos and our other registered and unregistered trademarks 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.
The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, 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.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our 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. Please check this page regularly to ensure you are familiar with the current version.
We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
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. If any unlawful and/or unenforceable provision 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.
(17) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(18) Entire agreement
(19) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.