TRADES CONNECT USER TERMS AND CONDITIONS
THIS AGREEMENT IS BETWEEN: AGPB Ltd trading as Trades Connect (Business Registration Number: 573880) and a party who uses this website (“"User"”).
By using this website or by paying for any services provided by Trades Connect, the User agrees to be bound by the following terms and conditions:
- DEFINTIONS AND INTERPREATION
In this Agreement, unless otherwise indicated by the context:
- Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Ireland;
- Content means any information, text, graphics, files, links, or other materials of any nature whatsoever and includes, without limitation, personal information and comments;
- Intellectual Property Rights means statutory and other property rights in respect of trademarks, patents, circuit layouts, copyrights, confidential information and any other intellectual property rights as defined in Article 2 of the Convention establishing The World Intellectual Property Organisation of July 1967;
- Liability includes Losses;
- Losses means claims, losses, liabilities, damages, costs and expenses of any kind (including, without limitation, legal fees on a full indemnity basis), including those which are prospective or contingent and those the amount of which is not ascertained or ascertainable;
- Registration means the process of registration with Trades Connect by providing the required information on the Website;
- Service means Trades Connect service operated by Trades Connect and includes the Website;
- Service Seeker means any person who seeks a service to be provided by the Service Provider and to whom services are provided by a Service Provider as a result of, or in connection with, the Website;
- Service Provider means any person, whose services are advertised, promoted or referred to as part of the Website or whose services are accessed as a result of, as part of or via, the Website;
- Service Provider Membership means any person or company, who registers under the Service Provider category on the Trades Connect website;
- Statute means any of any parliaments or other legislative body or any regulations or other subordinate instrument made under to pursuant to such an act;
- User means any person who accesses or uses the Website and includes, without limitation, the Service Seeker and the Service Provider;
- User Account means the account held by the User for access or use of the Website;
- Website means www.tradesconnect.ie; and
- Viruses means any viruses, time-bombs, back doors, trojan horses and any other form of malevolent or defective code or similar items.
- In this Agreement, unless otherwise indicated by the context:
- words importing the singular include the plural and vice versa;
- headings are for convenience only and do not affect interpretation of this Agreement;
- a reference to a clause or paragraph is a reference to a clause or paragraph of this Agreement;
- where any word or phrase is given a definite meaning in this Agreement, any part of speech or other grammatical form of that word or phrase has a corresponding meaning;
- an expression importing a natural person includes a body corporate, partnership, joint venture, association or other legal entity;
- a reference to a statute, statutory provision or regulation includes all amendments, consolidations or replacements thereof;
- a reference to a party to a document includes that party’s legal personal representatives, successors and permitted assigns;
- a covenant or agreement on the part of or for the benefit of two or more persons binds or benefits them jointly and severally;
- a reference to a body, whether statutory or not:
which ceases to exist; or
whose powers or functions are transferred to another body,
is a reference to the body which replaces it or which substantially succeeds to its powers or
including and similar expressions are not words of limitation.
- Contractually binding AGREEMENT
The User acknowledges and agrees that these terms and conditions are contractually binding andconstitute the complete terms and conditions which govern the User’s use of the Website.
As the User, you warrant that:
- You are over the age of 18 years or are a duly incorporated body corporate;
- You have authority to enter into and perform all your obligations under these terms and conditions;
- You have the ability to perform all your obligations under these terms and conditions; and
- You are the owner or otherwise have all rights necessary to include your information on the Website or otherwise to provide your information as part of, or in connection with, the Service.
As the User, you undertake that you will not:
- Post, email, transmit or otherwise make available any Content that is:
- False, incorrect or misleading;
- Defamatory, fraudulent, harassing, libellous, obscene, pornographic, seditious, tortious or threatening;
- Harmful (including but not limited to viruses, corrupted files, or any other similar software or programs);
- Disparaging or deprecating of the Service, The Builders Network or other Users;
In breach of any Statute; or
- Infringe the Intellectual Property Rights or any other right of any person which would constitute a breach of any agreement which you may have with any other person;
- Copy, translate, reproduce, communicate to the public, tamper with, use, modify or alter anything on the Website without Trades Connect’s prior written consent;
- Provide as part of, or in connection with, the Service any name, branding, trademarks, logos, seals or slogans of any third party without the prior written consent of both the third party and Trades Connect;
- Solicit, garner, glean or gather any User’s information available as part of, or in connection with the Service, including without limitation, the names, phone numbers or email addresses, for any commercial or business purposes (other than as part of, or in connection with the Service) or to transmit any unsolicited advertising, “junk mail”, “spam” or “chain letters;
- Use the Website for illegal purposes, including without limitation, posting to the Website information encouraging conduct that would constitute a criminal offence;
- Do anything that would create or impose an unreasonable or disproportionately large burden or load on the Website or otherwise for the Service;
- Frame or link the Website without the prior written consent of Trades Connect;
- Suggest or otherwise represent that you have any affiliate or sponsorship with any individual, partnership, company, entity, organisation or other body corporate or incorporate that you do not have;
- Engage in any deceptive or misleading marketing practices;
- Release or otherwise make available any publicity, promotional or advertising material or any other information concerning the Website or the Service, without the prior written consent of Trades Connect;
- Use any manual or automated code, software, device or other process which ‘crawls’, ‘spiders’ or screen scrapes’ in accessing the Website or in relation to or in connection with it; or
- Decompile, reverse engineer or disassemble any software, device or other processes forming part of, or used in connection with, the Website.
- All Intellectual Property Rights in information, data and materials used or appearing on the Website including (without limitation) all software, tools, know-how, equipment or processes, trademarks, logos, and other materials shall remain the sole and exclusive property of Trades Connect or its licensors. The User acknowledges and agrees that it shall not acquire any rights, title or interest in, or to any of, Trades Connect’ Intellectual Property Rights.
- The User hereby grants to Trades Connect a worldwide, royalty-free and licence-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete User information and User Content and/or to incorporate User information and User Content in other works in any form, media or technology now known or which may be later developed.
TRADES CONNECT'S RIGHTS
The User acknowledges and agrees that:
- Trades Connect may modify or discontinue the Website and/or the Service at any time without notice or liability to the User;
- Trades Connect may amend any policy or procedure related to the Website and/or the Service at any time and without notice or liability to the User;
- Trades Connect may remove or refuse to post any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or this Agreement without notice to any User;
- Trades Connect may remove or restrict access to Content made available as part of, or in connection with, the Service if ordered to do so by a court or if Trades Connect considers such Content to be in violation of these terms and conditions; and
- Trades Connect is entitled, at all times, to cooperate with any law enforcement authority and to act in accordance with any direction or request (including to provide any information requested in relation to the User’s identity and any other information sought in relation to the User and the User’s use of the Service).
TRADES CONNECT DISCLAIMER AND USER ACKNOWLEDGMENTS
Trades Connect operates as both a finder and neutral facilitator seeking to match the needs of the Service Seeker and the Service Provider. The User acknowledges and agrees that Trades Connect is not directly involved in the transactions between the Service Seeker and the Service Provider and is not a party to any agreement or arrangement between the Service Seeker and the Service Provider.Trades Connect is not liable for any loss or damage of any kind incurred as a result of any such dealings or as a result of the presence of a User as part of, or in connection with, the Service.
NO RELIANCE ON WARRANTIES AND REPRESENTATIONS
To the fullest extent of the law, Trades Connect excludes any representation or warranty concerning the Website, or any third party website referred to or connected via the Website.
Without limiting the foregoing, the User acknowledges and agrees that:
- Both the Website and the Service are provided on an ‘as is’ basis and the User accepts all risks associated with access to the Website and the use of the Website and otherwise of, or in connection with, the Service;
- Trades Connect does not confirm the identity of any User, their backgrounds or credit-worthiness or their ability, competence or willingness to provide their services;
- Trades Connect makes no representations that goods and services described on the Website as potentially being available will in fact be available or that such goods or services, if supplied by any User listed on the Website, are of a particular standard, quality, value, grade, origin, characteristic, price, or suitability or provide a particular benefit;
- Trades Connect may provide links and pointers to websites maintained by third parties from its Website that are not under the control of Trades Connect and Trades Connect is not responsible for the contents of any linked website or any website link contained in any linked website;
- Trades Connect does not warrant to the User that anything on the Website or any third-party website referred to or connected via the Website is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
- Trades Connect does not warrant to the User that the Website or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate;
- The User should satisfy itself through its own enquiries as to the condition or suitability of any Service Seeker, Service Provider or any other goods and/or services supplied, offered by or recommended by on behalf of another User. The User agrees to consult professionals for advice that is specifically tailored to the User's particular circumstances;
- Trades Connect does not offer professional advice on the fitness of any goods, services or information supplied by any User;
- Trades Connect does not endorse or recommend any User, goods or services;
- The User is responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
- The Website may experience interruptions and access difficulties from time to time and Trades Connect will not be responsible for any such interruptions or access difficulties;
- Trades Connect shall not be liable for any loss or damage whether directly or indirectly incurred by the User or any third party as a result of any failure or delay in Trades Connect doing anything, including, but not limited to, transmitting any information to the User or removing any information from the Website; and
- The User agrees that Trades Connect and all affiliates and related entities of Trades Connect have no responsibility for the legality of the actions of other Users.
LIMITATION OF LIABILITY
To the extent permitted by law, Trades Connect excludes all liability to the User or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation, any loss of profits, loss or corruption of data or loss of or damages to reputation or goodwill) arising out of or in connection with any:
- Removal or termination of User's access to the Website; or
- Use of the Website or information on or provided through the Website or any information or advice otherwise provided by Trades Connect or a User, even if Trades Connect has been advised of the possibility of such loss or damage.
- To the extent permitted by law, Trades Connect and all affiliates and related entities of Trades Connect expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Trades Connect sole discretion):
In the case of goods, any one or more of the following:
- Replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods; or
- The payment of the cost of having the goods repaired; and
In the case of services:
The supply of the services again; orThe payment of the cost of having the services supplied again.
The User acknowledges and agrees to indemnify and hold Trades Connect and its parent, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, franchisors and franchisees, harmless from and against any claims, demands, proceedings, losses and damages (whether actual, special and consequential of every kind and nature including all legal fees) made by another User arising out of or in any way related to the User’s use of the Website or its breach of this Agreement, or the Users’ violation of any law or the rights of a third party.
SERVICE PROVIDER MEMBERSHIP
Upon Registration as a Service Provider with Trades Connect, the Service Provider must:
- agree to these terms and conditions;
- provide a valid email address; and
provide any other information required by Trades Connect as set out on the Website.
- Registration shall remain current only if the Registration Fee and Membership Fee has been paid for the relevant membership period. Failure to pay any owed monies, may result in termination or deactivation of the users account and profile associated.
- One person or legal entity may not maintain more than one Account. Accounts registered by "bots" or other automated methods are not permitted.
- Registration may take up to 10 working days to be processed and approved.
- The Service Provider acknowledges that Trades Connect reserves the right to accept or reject at its sole discretion any application for Registration for membership. If requested, the Service Provider agrees to supply documentation required by Trades Connect to verify its qualifications and ability to perform its services. Should an application for Registration be rejected by Trades Connect at its sole discretion, any money paid by the Service Provider to Trades Connect will be fully refunded within a period of thirty (30) days.
- The Service Provider warrants that all information including information relating to the Service Provider's qualifications and services (including those of its employees) is true and correct in every respect and will be updated by the Service Provider if and when it materially changes during the period of the Service Provider's Membership.
SERVICE PROVIDER MEMBERSHIP FEES, CHARGES AND PAYMENT
The Service Provider agrees that Trades Connect will charge the Service Provider and the Service Provider will pay:
- Membership Fee during the period of Membership; and
- Any fees applicable to any new services that Trades Connect may offer and that the Service Provider may accept during the Service Provider’s Membership.
- Payments to Trades Connect may be made by credit card or direct credit (EFT). If the Service Provider pays by credit card, the Service Provider agrees that Trades Connect may automatically charge any fees to such card.
- A valid credit card is required for paying any fees. Payment for certain services can be paid via direct deposit..
- The Service Provider acknowledges and agrees that payments due under this Agreement shall not be deemed to have been received until all amounts payable are received as clear funds in Trades Connect’s bank account.
- Trades Connect may, at its sole discretion, terminate or suspend the Service Provider’s Membership and access to the Service without notice if any payment due from the Service Provider remains unpaid after the due date.
- The Service Provider upon subscription of the Service Provider Membership agrees to the membership period at the agreed rate at time of subscription.
- Trades Connect reserves the right to increase fees or to institute new fees, upon reasonable notice being provided to the Service Provider and/or posted on the Website.
- Except where a Registration is rejected, all payments are non-refundable. There will be no refunds or credits for partial months of Membership. In order to treat everyone equally, no exceptions will be made.
- For all User Accounts, Trades Connect may charge a fee for reactivating the account should an account need to be re-activated after an account has become de-activated due to non-payment or for other breaches of these terms and conditions.
- As outlined above, Fees for Leads will be deducted in accordance to the agreed amount on subscription of the services. These fees will be automatically charged to the Service Provider's card within 24 hours of the Service Provider being sent the lead via email. All fees for Leads are non-refundable. In the circumstance where the contact information of the Service Seeker provided to the Service Provider is incorrect, the Service Provider must notify Trades Connect in writing (email) of the incorrect contact details within 72 hours of receiving the lead. If Trades Connect cannot provide alternate contact information of the Service Seeker, Trades Connect may at it's own discretion offer a refund to the Service Provider. Note, that this does not apply to Service Seeker's who do not respond or answer when contacted.
Subject to the satisfactory performance of the Service Provider during the immediately preceding Membership period, the Service Provider's Registration shall be automatically renewed on the basis of the original Membership period, unless a request for cancellation of Membership is notified to Trades Connect in writing by the Service Provider within thirty (30) days prior to the expiry of the then current Membership period. This request must be made in writing on the contact page of the Trades Connect website or by emailing email@example.com
The User is entirely responsible if the User does not maintain confidentiality of the User’s login name and password. The User is entirely responsible for any and all activities that occur under the User's login name and the User hereby acknowledges and agrees that Trades Connect is entitled to assume that any person using the Website with the User’s login name and details is the User or is authorised to act for the User.
SUSPENSION AND TERMINATION OF USER ACCOUNTS
Without limiting Trades Connect’s other remedies at law, in equity or under this Agreement, the User acknowledges and agrees that Trades Connect may, in its sole discretion:
the User’s right to access the Website or any part of it and refuse to provide any Services to the User if:
- the User has breached any of these terms and conditions or any policies incorporated by reference, including any policies or procedures displayed on, or as part of, the Website;
- Trades Connect is unable to verify or authenticate any information the User provides to it; or
- Trades Connect considers that the User’s actions may cause any legal liability for Trades Connect or any User;
- The Service Provider has failed to pay any owed subscriptions due;
- The suspension, deactivation or termination of the User’s participation as part of, or in connection with, the Website is effectively immediately upon Trades Connect placing a notice on the Website to the effect that the User’s participation has been suspended, deactivated or terminated.
- The User acknowledges and agrees that if the User’s right to access the Website is temporarily suspended, deactivated, indefinitely suspended or terminated for any reason, the User acknowledges and agrees that:
- the User must immediately cease and refrain from representing itself as a User or otherwise having any affiliation with Trades Connect and must immediately cease using all trademarks and other material owned by Trades Connect or provided by Trades Connect to the User;
- Trades Connect will not be liable to the User for any claims of any kind arising as a result of such termination, suspension or cancellation including but not limited to on account of the loss by the User of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created, loss of or damage to reputation or on account of any other cause whatsoever; and
- Those clauses capable of surviving termination of this Agreement shall continue in force.
The User may not assign or transfer its rights and obligations under this Agreement. Trades Connect may assign its rights and obligations under this Agreement by notice in writing to the User in accordance with Clause 17.
Trades Connect may provide notices to the User by posting them on the Website and the User agrees to regularly check the Website for notices. This is in addition to any other mode of services permitted by law.
WAIVER OR VARIATION
The User acknowledges and agrees that the failure, delay, relaxation or indulgence on the part of Trades Connect in exercising any power, right or remedy conferred upon Trades Connect by this Agreement will not operate as a waiver of that power, right or remedy, nor will the exercise or any single or partial exercise of any power, right or remedy preclude any other or further exercise of any other power, right or remedy under this Agreement.
Trades Connect may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms and conditions on the Website.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of Ireland.
Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Ireland.
In relation to the subject matter of this Agreement:
This Agreement is the whole agreement between the parties; and The Laws of Ireland
This Agreement supersedes all oral and written communications by or on behalf of any of the parties.
If any part of this Agreement is invalid or unenforceable, this Agreement does not include it. The remainder of this Agreement continues in full force.
Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any right, power or remedy that a party may have against another party or any other person at any time.
Social Media Permissions
These permissions only apply to service providers who give Trades Connect access to manage/control their Social Media accounts.
1. Trades Connect reserve the right to change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
2. You agree to give Trades Connect permission to post social media listings on your behalf. All photos or videos will be provided by you.
3. Trades Connect has no control over the policies of Facebook, Twitter, YouTube, LinkedIn and all other social media channels being utilized for campaigns. Trades Connect has no say with respect to the type of content that social media channels accept now or in the future.
4. You acknowledge that Trades Connect makes no warranty that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
5. You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Trades Connect for inclusion in any campaigns are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements.
6. Cancellations of any ongoing Social Media Services must be made in writing by mail or email. If Trades Connect does not receive notification that the campaign should be stopped
after the one month period in writing, you agree that Trades Connect will continue working and payments will continue to be made.
7. There are no refunds available on services provided by Trades Connect.
8. No liability whatsoever (except as provided by law) will be accepted by Trades Connect for any damages or losses arising from or as a consequence of the provision of the Services or any other act or default on the part of Trades Connect or of any servant, agent or contractor of Trades Connect in relation to this agreement and the Services unless the same occurs because of the negligence of Trades Connect, its servants, agents or contractors in which case liability is limited to resupplying the Services again or a refund of the fees paid by you in the previous 1 month as elected by Trades Connect.
9. Nothing in this agreement is intended to limit or exclude any liability on the part of Trades Connect where and to the extent that applicable law prohibits such exclusion or limitation.
10. Trades Connect reserves the right to reject or discontinue the social media services where we are unable to provide the services due to technical, ethical, legal, or other matters.
11. This Agreement shall be governed by the laws of The Republic of Ireland.
12. We claim no intellectual property rights over the Content made available to others through your account. Additionally, your profile and other Content you provide to Trades Connect in connection with the Services remain yours. However, by making that Content available to others through the Services, or providing it to Trades Connect through the Services, you grant Trades Connect a worldwide, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through any or all media or distribution methods (whether now known or hereafter developed). You also acknowledge that the purpose of the Services is to access the services of Third Party Service Providers, and that as a result you are agreeing to grant to Trades Connect any and all other rights you grant to applicable Third Party Service Providers.
13. By posting any public media using the Trades Connect Service, you agree that you are following the relevant terms and conditions of the Third Party Service Provider you are linking to.