Terms & Conditions

Terms and Conditions

 

 

Terms and Conditions (customer)

 

Access to and use of this website (the “Site”) is subject to the following terms of use (“Terms”). For the purposes of these Terms, “we / us / our” means Plumb GP Limited.

 

Together with our Privacy and Cookie policy, these Terms govern our relationship with you and explain how you may use the Site. References in these Terms to the Site includes this website and all associated web pages.

 

We require that all visitors and customers comply with these Terms and you should read these Terms carefully before using the Site. By accessing or using the Site and any of its pages, services or documents referred to in them, you indicate your acknowledgement and acceptance to these Terms without limitation or qualification. We recommend that you print a copy of these Terms for future reference.

 

If you do not agree with or accept any of these Terms, you must stop using the Site immediately.

 

We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

 

1. About Us

 

Plumb Doctor is a trading name of Plumb GP Limited (company registration number: 11859109) whose registered office is at 6 Abbots Park, London Sw23QD.

 

If you have any comments or questions about the Site, please contact us on 0333 772 1745 or write to us at Plumb GP Ltd, 6 Abbots Park, London SW23QD.

 

2. Using the Site and Availability of the Site

 

The Site is for your personal and non-commercial use only.

 

The content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

 

The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

 

Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date. Furthermore, we cannot guarantee that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

 

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may modify, suspend or withdraw or restrict the availability of all or any part of the Site without notice at any time.

 

Plumb Doctor is a mobile technology platform that connects mobile users (such as you) with third party tradesmen and service providers (Service Providers). It enables you to receive real time advice, guidance and/or instruction from a Service Provider via a live video call for the purpose of identifying and trying to resolve various plumbing issues.

 

We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

 

3. Your Privacy and Personal Information

 

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and any regulatory authorities in the event you have a query or complaint about the use of your personal information.

 

Our Privacy Policy is available on our Site.

 

4. Ownership, Use and Intellectual Property Rights and Disclaimer

 

The Site and all intellectual property rights in it including but not limited to all material published on the Site and on any social media run by Plumb Doctor are owned by us, our licensors, or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms.

 

Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust or to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

 

You may print or download materials from the Site for your non-commercial use or copy the content to other individuals for their personal information provided that: 

 

  • no materials (either paper based or digital copies) are modified in any way;
  • no illustrations, photographs, video or audio sequences or any graphics are used separately from any accompanying text;
  • our copyright and trade mark notices appear in all copies and you acknowledge the Site as the source of the material; and
  • the person to whom you are providing these materials is made aware of these restrictions.

 

The information and materials contained on the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without our prior written consent.

 

The Site connects users (such as you) with Service Providers for the purpose of requesting remote advice and guidance from those Service Providers. Plumb Doctor does not itself provide any services of the type listed on the Site as being provided by Service Providers and any contract for the provision of those services is between you and the relevant Service Provider (and not us). It is up to the relevant Service Provider to provide any advice, guidance and/or instruction you request, and to perform any additional services you subsequently request from them, and you agree to comply with any terms of service that apply between you and the relevant Service Provider.

 

We do not employ Service Providers as employees or workers and, unless otherwise specified in these Terms of Use, we are not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any Service Providers or the quality of the advice, guidance and/or instruction you receive from them or any additional services you subsequently request from them. If a Service Provider causes or contributes to any loss or damage to your property or property owned by any third party in the course of providing advice, guidance, instruction and/or additional services to you (whether over Video Call otherwise), responsibility for such damage will rest with the Service Provider (and not with us).

 

If a dispute arises between you and a Service Provider or you have a complaint in relation to the advice, guidance and/or instruction provided by a Service Provider, that dispute or complaint must be taken up with the Service Provider directly (although we ask that you notify us of any such dispute or complaint). We will not be a party to any dispute or complaint between you and a Service Provider, nor will we have any responsibility to either party in respect of such dispute or complaint.

 

We do take reasonable measures to ensure the suitability and quality of the Service Providers. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. You use Service Providers at your own risk, although we may remove a Service Provider from Plumb Doctor on the basis of any feedback you or other customers provide in relation to that Service Provider if we deem it appropriate, but are under no obligation to do so.

 

If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return and/or destroy any copies of the material you have made.

 

5. Hyperlinks and Third Party Websites

 

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse, authorise, affiliate with or sponsor that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

 

You are not entitled to (nor will you assist any third party to) link to the Site from another website (whether via hypertext linking, deep-linking, framing, tagging or otherwise) without our prior written consent.

 

6. Contracting Online

 

Save where you schedule a video call and thus accept our offer for services, nothing else on the Site is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these Terms which govern the relationship between us in relation to your use of the Site.

 

If you make a contract with a third party who is named or referred to on the Site, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.

 

7. Viruses and Malicious Material

 

We do not guarantee that the Site will be secure or free from bugs or viruses.

 

You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software and you agree that material downloaded or otherwise accessed through the use of the Site is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if such loss and damage was reasonably foreseeable and we had been advised of the possibility of the same.

 

You must not misuse the Site by knowingly, inadvertently, or negligently introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

 

8. Our Liability

 

Except for any liability for death or personal injury caused by Plumb GP Limited’s negligence, liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law, we expressly disclaim all liability and responsibility for any direct, indirect or consequential loss or damage incurred by any user arising from (i) the use of, or inability to use, the Site (including the participation in video call(s); and/or (ii) use of, or reliance placed on, materials or content displayed on the Site (or during video call(s), whether directly or indirectly, resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and we had been advised of the possibility of the same. Direct, indirect, or consequential loss and damage shall include, but not be limited to, loss of profits, business or contracts, loss of income or revenue, loss of business opportunity, goodwill or reputation, business interruption and wasted expenditure or management time.

 

9. Limitation of our liability

 

You acknowledge that the Site has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Site meet your requirements.

 

Unless otherwise specified in these Terms of Use, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, the Site if such loss or damage is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms of Use or our negligence or if it was reasonably contemplated by you and us at the time you downloaded the Site or started using it as a possible result of our breach of these Terms of Use or our negligence.

 

If you are a business or an individual using the Site in a business capacity, please note that:

 

  • our maximum aggregate liability under, or in connection with, these Terms of Use (including your use of the Site) whether in contract, tort (including negligence) breach of statutory duty or otherwise, shall in all circumstances be limited to £50,000;
  • we will not be liable to you for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind; and
  • to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

 

 

If you are a consumer, you may only use the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes and, if you do, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

 

We will not under any circumstances be liable for:

 

  • the behaviour, acts or omissions of any Service Providers you connect with through the Site or the quality of the advice, guidance, instruction and/or additional services they provide to you (whether through the Site or otherwise); or
  • any loss or damage caused by any bug, virus, distributed denial-of-service attack or other technologically harmful material that may infect your information technology (including your Mobile Device), data or other proprietary material due to your use of the Site or your downloading of any content on it or on any website linked to, or referenced on, the Site.

 

 

Nothing in these Terms of Use:

 

  • excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law; or
  • is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office. 

 

 

 

 

Terms and Conditions (Service Provider)

 

1. Introduction

 

By using the Site and therefore the Plumb Doctor service (the Services), you agree to be bound by these Terms of Use and our Privacy Policy (to the extent that you provide us with any personal information in connection with your use of the Service). This is a legal agreement between you and us which tells you the terms on which you may make use of the Service.

 

Any use you make of our Site will also be subject to these Terms of Use.

 

Please read these Terms of Use and our Privacy Policy carefully as they will apply to your use of the Service. By using the Service, you confirm that you have read and accepted them and that you agree to comply with, and be bound by, them. If you do not agree to them, you must not use the Service.

 

2. Relationship between the parties

 

Please note that we simply provide the platform that connects our customers with Service Providers for the purpose of requesting advice, guidance and/or instruction from those Service Providers. Plumb Doctor and/or any affiliated company(s) does not provide any services listed on the Site as being provided by a third party Service Provider and any contract for the provision of those services is between you and the relevant customer (and not us). It is up to you to provide any advice, guidance and/or instruction requested by a customer, and to perform any additional services subsequently requested by a customer from you, and you agree to comply with any terms of service that apply between you and the relevant customer.

 

You are free to offer your services via any other platform. You are not employed by us and, unless otherwise specified in these Terms of Use, we are not responsible for (and make no representations, warranties or guarantees as to) your behaviour, acts or omissions or the quality of the advice, guidance and/or instruction you provide or any additional services you subsequently provide. We are also not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any customers who request advice, guidance and/or instruction from you. If you cause or contribute to any loss or damage to a customer’s property including any chattels etc) in the course of providing advice, guidance, instruction and/or additional services to them (whether over Video Call or otherwise), all responsibility for such damage will rest with you (and not with us).

 

If a dispute arises between you and a customer or a customer has a complaint in relation to the advice, guidance and/or instruction provided by you, that dispute or complaint must be handled by you (although we require that you notify us of any such dispute or complaint immediately and we reserve the right to assist with and/or run the dispute at your cost – all costs to be reasonably incurred). We will not be a party to any dispute or complaint between you and a customer, nor will we have any responsibility to either party in respect of such dispute or complaint (unless we notify you notify you otherwise in writing during the dispute/complaint).

 

You shall be fully responsible for and shall indemnify us for and in respect of: (i) any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from, or made in connection with, these Terms of Use or the provision by you of any advice, guidance, instruction and/or additional services (whether through a Video Call or otherwise), where the recovery is not prohibited by law (excluding all reasonable costs, expenses and any penalty, fine or interest incurred or payable by us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim); and (ii) any liability arising from any employment-related claim or any claim based on employment status (including reasonable costs and expenses) brought by you, or anyone working for you, against us arising out of, or in connection with, these Terms of Use or the provision by you of any advice, guidance, instruction and/or additional services (whether through a Video Call or otherwise).

 

If so requested by us, you will cooperate fully with us in dealing with any queries, correspondence or investigation made of us or you by any public authority concerning your relationship with us and, if any such query, correspondence or investigation is addressed to you, you will at once inform us in writing.

 

3. Applicability of these Terms of Use and licence to use the Site

 

In consideration of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive licence to use the Site on any mobile telephone or other device (Device) controlled or owned by you. All other rights are reserved by us and/or by our licensors.

 

4. Changes to these Terms of Use and updates

 

We may revise these Terms of Use at any time and you should check these Terms of Use from time to time to take notice of any changes we have made, as they are legally binding on you. We may also notify you of any changes when you next use the Site and you may be required to read and accept them to continue your use of the Site. If you do not agree to any such changes, please stop using the Site

 

We may (but are under no obligation to) update the Site and/or the content on it from time to time. You may not be able to use the Site until you have downloaded the latest version of it and, if you are requested to do so, accepted any new terms.

 

5. Accessing the Site

 

We make no representations, warranties or guarantees, whether express or implied, that the Site or any content on it: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.

 

Access to the Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

 

You are responsible for making all arrangements necessary for you to access the Site. If you control, but do not own, the Device onto which you use the Site, you will be assumed to have obtained permission from the owner of the Device to do so. You or the owner of your Device may be charged by your or their mobile or internet service provider for data access on your Device. You accept responsibility in accordance with these Terms of Use for the use of the Site on, or in relation to, any Device, whether or not it is owned by you.

 

You agree that you will only use the Site in a manner consistent with these Terms of Use and any and all applicable local, national and international laws and regulations.

 

6. Registration and security

 

If you wish to use the Site, you must complete all of the fields on the registration page.  

 

You warrant that all information you provide to us when you register to use the Site is true, accurate and up to date in all respects. If any of your details change, you must let us know by emailing us at asg@plumb-dr.com.

 

We do take reasonable measures to ensure the suitability and quality of all Service Providers and, as part of the registration process, we may ask to interview you in person or over the telephone and we may ask you to provide proof of identity and address. We may also ask you for references and check your insurance and qualifications and you authorise us and/or our appointed agents to carry out all necessary searches and checks in order to verify the information you have provided.

 

You must not: (i) register using an email address or social media account other than your own or one that you are permitted to use; (ii) use or access the Site using someone else’s log-in details or social media account; or (iii) allow any third party to use or access the Site using your log-in details or social media account. If you know or suspect that anyone other than you is using or accessing the Site using your log-in details or social media account, you must immediately notify us at asg@plumb-dr.com.

 

If you choose, or you are provided with, a username or password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party or allow any third party to use or access your account. If you know or suspect that anyone other than you knows your username or password or has obtained access to your account, you must promptly notify us at asg@plumb-dr.com and change your password.

 

You are responsible for all acts and omissions of any third parties who use or access the Site using your log-in details or social media account, whether fraudulently or not, and you agree to reimburse us pound for pound on written demand for any loss we suffer as a result of such use or access.

 

We have the right to disable your access to the Site at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms of Use.

 

7. Use of the Site and your obligations

 

When providing any advice, guidance and/or instruction to customers through the Site, you agree to comply with any terms of service that apply between you and any such customer and you confirm that:

 

  • you have all approvals and authority required to work in the United Kingdom (including on a self-employed basis, where applicable) and will comply with all applicable laws and regulations;
  • you have in place all appropriate licences and qualifications; and
  • you have valid insurance coverage for all the services you provide (including, for the avoidance of doubt, Video Call Plumbing services).

 

 

You undertake:

 

  • not to make any screen recordings on your Device of any Video Call made through the Site or take any screenshots of any such Video Call other than for the purposes of advising the customer;
  • not to use any photographs or screenshots taken through the Site during the course of a Video Call for any purpose other than providing advice, guidance and/or instruction to the relevant customer;
  • immediately following a video call, to delete from the Site any photographs or screenshots taken during the course of such video call to the extent not required for the purpose of keeping a record of the advice, guidance and/or instruction provided to the relevant customer; and
  • not to store (or attempt to store) locally on your Mobile Device or share with any third party any photographs, screenshots or videos taken during the course of a Video Call.

 

 

You agree to respond promptly to any reasonable request for information from us, and to co-operate and liaise with us, in connection with these Terms of Use and the matters contemplated herein.

 

8. Availability and connection process

 

You will ensure that your availability to be connected with customers is accurately reported at all times and you must notify us if you are unavailable for any reason.

 

If you are available to be connected, customers can choose to start a Video Call with you or you may be allocated to a customer by us. When you receive a request to start a Video Call with a customer, you will be notified of this via the Site and you will be given the opportunity either to accept it or to decline it; however, if you reject it (or fail to answer), it will then be allocated to another Service Provider.

 

You are not under any obligation to accept a request to start a video call with our customer. However, once accepted, you agree that you will make the call within 2 minutes of the allocated time and carry it out through to completion. Plumb Doctor reserves the right to terminate our contractual relationship if you fail to meet the requirements in this paragraph.

 

Following completion of each video call, you must submit a report setting out the issue providing guidance and/or instruction, the outcome and a cost estimate for any works proposed (including details of the advice, guidance and/or instruction provided by you to the relevant customer).

 

9. Fees and payment

 

Subject to you submitting a report in respect of each video call that you complete (as outlined above), you will be paid a fee (as agreed between us) for each such video call, irrespective of whether or not you are able to resolve the issue in respect of which you have been asked to provide advice, guidance and/or instruction (unless you advise us following completion of a video call that there is a valid reason why the relevant customer should not be charged for it (for example, the issue in respect of which the customer required advice, guidance and/or instruction was not resolvable)).

 

All amounts due from customers in respect of completed Video Calls will be paid to us. We collect any amounts due to you from our customers as your agent and you confirm that we can produce and issue to each relevant customer on your behalf an invoice in respect of those amounts (to include your name and details).

 

We will generate and issue to you by the last Friday of each month a transaction record of all completed video calls (if any) made by you during the month and all amounts due to you in respect of those video calls. We will pay the amounts due to you as set out in each transaction record by the following Friday, such payment to be made by bank transfer to the bank account nominated by you. 

 

If you are unable to resolve the issue in respect of which a customer has asked to be connected to you and the customer subsequently asks you to attend their premises in person, you agree that you will not visit the customer’s property and will provide the customer with an impartial and accurate cost estimate of the proposed works.

To the extent applicable, all fees are inclusive of VAT at the prevailing rate.

 

You acknowledge that providers of payment services may request that we or they conduct an audit of your activities to ensure your compliance with these Terms of Use and you agree to co-operate fully with any such audit. You further agree that you will co-operate in relation to any financial crime screening that is required and to assist us in complying with any laws or financial institution rules or policies, including, where necessary, the requirement to report you to any such institution.

 

10. Intellectual property rights

 

Save for any content or material uploaded or posted by customers of Plumb Doctor, you acknowledge that all intellectual property rights in the company and the technology used or supported by it anywhere in the world, including, without limitation, the trade mark “Plumb Doctor” / “Plumb Doctor Live’ and any other logos, service marks, brand names, trading names and/or trade marks appearing anywhere on the Site, belong to us and/or our licensors, that rights in the Site are licensed (not sold) to you and that you have no rights in or to the technology used or supported by it other than the right to use it in accordance with these Terms of Use.

 

You acknowledge that you have no right to have access to the Site in source code form.

 

You must not use any part of the content on the Site for commercial purposes without obtaining a licence or other written consent to do so from us or our licensors.

 

11. Your liability to us

 

You will be liable to us and will indemnify us in full for any breach by you of these Terms of Use or of any contract between you and any third party (including any terms of service that apply between you and any customers you connect with through the Site). This means that you will be responsible for any and all loss or damage (including any legal costs and/or fees etc) we suffer or incur a result of such breach, including any claims or legal proceedings brought against us by any other person as a result of such breach.

 

12. Limitation of our liability

 

You acknowledge that the Site has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Site meet your requirements.

 

Unless otherwise specified in these Terms of Use, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, the Site if such loss or damage is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms of Use or our negligence or if it was reasonably contemplated by you and us at the time you started using the Site as a possible result of our breach of these Terms of Use or our negligence.

 

Our maximum aggregate liability under, or in connection with, these Terms of Use (including your use of the Site) whether in contract, tort (including negligence) breach of statutory duty or otherwise, shall in all circumstances be limited to £50,000.

 

We will not be liable to you for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind.

 

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

 

We will not under any circumstances be liable for:

 

  • your behaviour, acts or omissions or the quality of the advice, guidance, instruction and/or additional services you provide to customers (whether through the Site or otherwise);
  • the behaviour, acts or omissions of any customers you connect with through the Site; or
  • any loss or damage caused by any bug, virus, distributed denial-of-service attack or other technologically harmful material that may infect your information technology (including your Mobile Device), data or other proprietary material due to your use of the Site or your downloading of any content on it or on any website linked to, or referenced on, the Site.

 

 

Nothing in these Terms of Use excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. 

 

13. Restrictions on use of the Site

 

Except as expressly set out in these Terms of Use, you must not:

 

  • copy the Site except where such copying is incidental to normal use of the Site or where it is necessary for the purpose of back-up or operational security;
  • sell, rent, lease, sub-license, loan, translate, adapt, vary or modify the Site;
  • permit the Site or any part of it to be combined with, or become incorporated in, any other programs;
  • access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other users of the Site; (ii) any part of the Site or its security measures; (iii) any equipment or network on which the Site is stored; (iv) any software used in the provision of the Site; or (v) any equipment, network or software owned or used by any third party;
  • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Site or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Site with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Site with another software program; (ii) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and (iii) is not used to create any software that is substantially similar to the Site;
  • provide or otherwise make available the Site in whole or in part (including object and source code) in any form to any person without our prior written consent; 
  • use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data into the Site or any operating system;
  • use the Site to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • infringe our intellectual property rights or those of any third party in relation to your use of the Site, including the submission of any material (to the extent that such use is not licensed by these Terms of Use);
  • use the Site in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the Site; or
  • collect or harvest any information or data from or via the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site.

 

 

14. Posting content to the Site

 

If you make use of any feature that allows you to upload or post content to the Site (including, without limitation, interacting with customers, providing a rating, review, feedback and/or comments in relation to a User or making contact with Plumb Doctor), any such content must be accurate and genuine and must not:

 

  • be defamatory of any person;
  • be obscene, offensive, hateful, inflammatory or otherwise objectionable;
  • contain or promote any pornographic or indecent or sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe or violate any copyright, database right, trade mark or any other intellectual property right of any other person;
  • contain video, photographs or images of another person without his/her permission;
  • contain video, photographs or images of minors;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of the Site;
  • be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy another person;
  • be used to impersonate any person or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if that is not the case;
  • relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or
  • disseminate or otherwise disclose another person’s personal information without his or her prior permission or collect or solicit another person’s personal information for commercial or unlawful purposes.

 

 

We will not be responsible, or liable to any third party, for any content you upload or post to the Site. Any such content will be considered non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party: (i) in respect of whom you upload or post content; or (ii) who is claiming that any content uploaded or posted by you constitutes a violation of their intellectual property rights or their right to privacy.

 

We reserve the right to monitor the content you upload or post to the Site and to remove or delete any such content (or to disclose it to the relevant authorities) if, in our sole opinion, it does not comply with these Terms of Use or any applicable law or upon the reasonable request of any third party.

 

You acknowledge that any content uploaded or posted to the Site about you (including User comments, reviews and/or ratings relating to the advice, guidance and/or instruction provided by you) may be publicly available for viewing and may be critical or defamatory of you or otherwise in breach of our content standards as set out above. You agree to release us from any liability in connection with any such defamatory statements, although we will allow you a reasonable opportunity to reply to any such content if we consider it appropriate.

 

If you choose to close your account or if we remove your right to use the Site, we have the right to delete any content that you have uploaded or posted to the Site, although such content (other than your profile) may still appear on the Site.

 

15. Termination and suspension

 

You may terminate the legal agreement between us (and request the closure of your account) at any time by emailing us at asg@plumb-dr.com.

 

We may terminate the legal agreement between us, and close your account, at any time.

 

We will determine, in our discretion, whether there has been a breach by you of these Terms of Use and, if such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

 

  • immediate, temporary or permanent withdrawal of your access to, and right to use, the Site (including termination of the legal agreement between us and closure of your account);
  • immediate, temporary or permanent removal of any content uploaded or posted by you to the Site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, administrative and legal costs) resulting from any breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we feel is reasonably necessary.

 

 

We exclude all liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited and we may take any other action we deem reasonably appropriate.

 

If we withdraw your right to use the Site and/or close your account:

 

  • all rights granted to you under these Terms of Use shall cease;
  • you must immediately cease all activities authorised by these Terms of Use, including your use of the Site and the connection service that we provide through it;
  • you must immediately delete or remove the Site from all Mobile Devices; and
  • you must not attempt to re-register to use the Site;
  • you must deliver up to us immediately, any confidential information, working practices and trade secrets about Plumb Doctor and/or its customers, etc.

 

 

16. Links to third party websites and/or resources

 

The Site may contain links or references to websites and/or resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links or references to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.

 

17. Events outside our control

 

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms of Use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.

 

18. Other important terms

 

You agree not to disclose, divulge or communicate directly or indirectly to any third party any information regarding us, the connection service that we provide through the Site or any customers (including their contact details) without our (or their, as applicable) prior written consent. You must not use any such information other than is necessary to provide advice, guidance and/or instruction as requested by customers through the Site.

 

We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.

 

You may not transfer your rights or obligations under these Terms of Use to another person.

 

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

These Terms of Use are not intended to confer rights on anyone other than you and us.

 

19. Applicable law

 

These Terms of Use, their subject matter and formation are governed by English law and the courts of England and Wales will, subject to the paragraph below, have exclusive jurisdiction over any claim arising from, or related to, these Terms of Use.

 

Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

 

Last updated: March 2020

 

 

 

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Plumb Doctor Live | Impartial plumbing advice