DIY DOCTOR TERMS & CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.
ABOUT THESE TERMS AND CONDITIONS
These Terms and Conditions set out the terms on which (i) we offer all those services provided through the Website (as defined below) including without limitation our advisory services and the Desired Outcome Contract (the “Services”); and any website maintained by us including without limitation the website at www.diydoctor.org.uk and our Facebook, Google+ and Twitter pages (together, the “Website”), and (ii) you agree to use the Services provided by us and the Website maintained by us. Please review these Terms and Conditions carefully and make sure that you understand them before using the Services or Website. If you do not agree to these Terms and Conditions, you must cease use of the Services and Website immediately.
INFORMATION ABOUT US
We provide the Services and operate the Website. We are DIY Doctor Limited, a limited company incorporated in England with registered number 05863375 and registered address at Suite 2 Block 1, Lakeside Business Park, Mells, Frome, Somerset BA11 3RH. Our directors are Mr. James Gardner and Mr. Michael Edwards.
References to DIY Doctor”, “we” and “us” are references to DIY Doctor Limited. References to “you” are to the person accessing, downloading or using the Services or Website, or the company or organization on whose behalf such person accesses, downloads or uses the Services or Website.
ACCEPTANCE OF TERMS AND CONDITIONS
By downloading and using the Services and/or the Website, you accept and agree to be bound by these Terms and Conditions.
DIY Doctor may at any time without notice modify these Terms and Conditions. We will notify you of any changes to these Terms and Conditions either by emailing you (at the email address notified by you to us on the Website).
By continuing to use the Services and/or the Website after changes to these Terms and Conditions are made and notified to you, you agree to be bound by such changes.
You can review the most current version of our Terms and Conditions at any time by clicking on the "Terms and Conditions" link located at the bottom of the DIY Doctor website at www.diydoctor.org.uk. The most current version displayed on that page will supersede all previous versions.
LIMITATIONS ON USE
You must be at least 13 years old to use the Services or the Website, or, if you are not at least 13, you may download and/or use the Services or Website only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download or use the Services or Website.
YOUR CONDUCT
By downloading and/or using the Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or Website;
You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions. You also agree not to:
- attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website to which you do not possess access rights;
- impersonate any other person while using the Services or Website;
- conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
- resell or export the software associated with the Website;
- use the Website to generate unsolicited advertisements or spam; or
- use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
If you choose to provide us with information for whatever reason, you agree to provide only accurate and complete information and you agree to keep that information up-to-date if it changes.
CHARGES FOR USING THE SERVICES
DIY Doctor currently provides the Website and certain services to you free of charge. However, DIY Doctor reserves the right to start charging for any additional services and/or Website (or certain services provided through either or both of them) on giving no less than 14 days notice to you.
When you use the Website, you may be subject to charges imposed by your wireless or other applicable internet provider. Payment of such charges is solely your responsibility.
We may charge for provision of the Desired Outcome Contract. In providing the Desired Outcome Contract, we are not giving you legal advice. The Desired Outcome Contract constitutes a document which we consider to be a useful guidance and template. You must not use the Desired Outcome Contract without seeking independent legal advice.
INTELLECTUAL PROPERTY
DIY Doctor and/or its licensor(s) are the sole owners of the Desired Outcome Contract and Website, which includes any software, domains, and content made available through the Website. The Desired Outcome Contract and Website are protected by UK and International copyright and other intellectual property laws.
We permit you to use the Desired Outcome Contract and Website for your own personal and non-commercial use only and DIY Doctor grants you a limited license solely for that purpose.
Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Desired Outcome Contract (or any part of it) without DIY Doctor's prior express written consent.
Any unauthorized use of the Desired Outcome Contract or Website will result in the automatic termination of the limited license granted by us. DIY Doctor reserve the right to terminate the limited license without notice at any time following an unauthorized use by you of the Desired Outcome Contract or Website.
DIY Doctor and its graphics, logos, icons and service names related to the Desired Outcome Contract and Website are registered and unregistered trademarks or trade dress of DIY Doctor Limited. They may not be used without DIY Doctor's prior express written permission.
All other trademarks not owned by DIY Doctor that appear in connection with the Desired Outcome Contract or Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by DIY Doctor.
ELECTRONIC COMMUNICATIONS
By downloading and/or using the Desired Outcome Contract and/or Website, you consent to receiving electronic communications and notices from DIY Doctor. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
PRIVACY
You provide us with information when you register on the Website or download the Desired Outcome Contract. We also collect information both relating to you (for example on your usage history and your preferences for certain kinds of offer) and to users of the Website and the Desired Outcome Contract in general. Any information that you submit or that we collect when you are using the Website or Desired Outcome Contract is subject to the DIY Doctor Privacy Policy, the terms of which are hereby incorporated into these Terms and Conditions.
USE OF INFORMATION SUBMITTED
You agree that DIY Doctor is free to use any comments, information or ideas contained in any communication you may send to DIY Doctor without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Desired Outcome Contract or Website or other products or services. For the avoidance of doubt, all such information will be deemed by DIY Doctor to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
NO WARRANTY & LIABILITY LIMIT
DIY Doctor provides the Desired Outcome Contract, Services and Website "as is" and without any warranty or condition, whether express, implied or statutory. DIY Doctor specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. DIY Doctor assumes no liability or responsibility for any errors or omissions in the Desired Outcome Contract or Website or provision of the Services; any failures, delays or interruptions in the Website; any losses or damages arising from the use of the Desired Outcome Contract, Services or Website; or any conduct by users of the Desired Outcome Contract or Website. We reserve the right to deliver the Desired Outcome Contract, Services and Website in our sole and absolute discretion.
In no event shall DIY Doctor, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Desired Outcome Contract and/or Services and/or Website or these Terms and Conditions, on any theory of liability, and whether or not advised of the possibility of damage. DIY Doctor does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of DIY Doctor. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
From time to time you may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties. This provision applies to all third parties including without limitation Paypal Inc., servicemagic.co.uk and Bondpay.
DESIRED OUTCOME CONTRACT
Notwithstanding the limitation of liability provision above, neither DIY Doctor, nor Buckworth Solicitors who assisted DIY Doctor with putting together the Desired Outcome Contract shall be liable in any way for any loss or damage arising from your use of the Desired Outcome Contract. Neither DIY Doctor nor Buckworth Solicitors have provided you with legal advice in request of the Desired Outcome Contract.
You are advised to seek independent legal advice prior to using the Desired Outcome Contract. Subject to regulatory provisions relating to conflicts of interest, Buckworth Solicitors are pleased to act for either home owner or contractors using the Desired Outcome Contract at a reduced rate. For further information, please contact Michael Buckworth on 020 7969 1867 or mbuckworth@buckworthsolicitors.co.uk.
INDEMNITY
You agree to indemnify and hold DIY Doctor and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Desired Outcome Contract, the Services and/or Website or your violation of any law or the rights of any third party.
DISPUTES
You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Desired Outcome Contract, the Services, the Website, DIY Doctor’s advertising or any related transaction between you and DIY Doctor shall be governed by and construed in accordance with English law.
Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
TERMINATION
DIY Doctor may change or discontinue the Desired Outcome Contract and/or Services and/or Website at any time without prior notice. We reserve the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that you violate any of the terms and conditions set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease access to the Desired Outcome Contract, the Services and Website.
GENERAL
These Terms and Conditions are agreed between you and us. No person other than Buckworth Solicitors shall have any rights under or connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms and Conditions without our prior express written consent.
These Terms and Conditions set forth the entire understanding and agreement between you and DIY Doctor with respect to the subject matter hereof.
CONTACT US
If you have any questions about these Terms and Conditions or the download and/or use of the Application, please contact us at:
office@diydoctor.co.uk
