Terms & Conditions

Last updated: 26 May, 2023

Please read these Terms and Conditions (“Terms”, “Terms of Use”, “Terms and Conditions”) carefully before using the https://procontractors.co.uk website (the “Service”) operated by Procontractors Ltd (“us”, “we”, or “our”).

AGREEMENT TO OUR TERMS AND CONDITIONS

We are Procontractors Ltd (‘Company‘, ‘we‘, ‘us‘, or ‘our‘), a company registered in England and Wales at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom. Our Company Number is 14831245.

We operate the website https://procontractors.co.uk/ (the ‘Site‘), as well as any other related products and services that refer or link to these terms and conditions (the ‘Terms and Conditions‘) (collectively, the ‘Services‘).

We provide a platform for Clients to register and detail the work they require. Contractors are allowed to register and bid for the work the Clients have detailed on the platform. Clients are allowed to review the information provided by the Contractors, and may or may not decide to engage a Contractor. Procontractors Ltd will liaise, as requested by Clients or as we see fit, with Contractors and Clients to ensure work is satisfactorily completed.

You can contact us by phone at 07960 267711, email at team@procontractors.co.uk, or by mail to 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you‘), and Procontractors Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Services after the date such revised Terms and Conditions are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

We recommend that you print a copy of these Terms and Conditions for your records.

 

TABLE OF CONTENTS

1 DEFINITIONS AND INTERPRETATION
2 OUR SERVICES
3 QUALITY OF OUR SERVICES
4 INTELLECTUAL PROPERTY RIGHTS
5 USER REPRESENTATIONS
6 USER REGISTRATION
7 PURCHASES AND PAYMENT
8 POLICY
9 PROHIBITED ACTIVITIES
10 USER GENERATED CONTRIBUTIONS
11CONTRIBUTION LICENCE
12 GUIDELINES FOR REVIEWS
13 SERVICES MANAGEMENT
14 LINKS TO OTHER WEBSITES
15 PRIVACY POLICY
16 COPYRIGHT INFRINGEMENTS
17 TERM AND TERMINATION
18 MODIFICATIONS AND INTERRUPTIONS
19 GOVERNING LAW
20 DISPUTE RESOLUTION
21 CORRECTIONS
22 DISCLAIMER
23 LIMITATIONS OF LIABILITY
24 INDEMNIFICATION
25 USER DATA
26 ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27 MISCELLANEOUS
28 CONTACT US

1  DEFINITIONS AND INTERPRETATION

1.1  In these Terms and Conditions, the following words and expressions have the following meanings:

“us” / “we” – Procontractors Ltd;

“the Contractor” – the business or person offering their contractor services to Clients;

“the Client” – business or consumer who use the website and our services to find a Contractor who can provide the service they require;

“the Website” – means www.procontractors.co.uk;

“the Customer” / “you” – business, person or consumer who uses the Website;

“the Services” – the provision by Procontractors Ltd to facilitate introductions between Clients and Contractors for the provision including but not limited to detailing work requests and bidding.

“Bids” – price given by Contractors to fulfil Clients work request.

“Fees” – the fees payable by Clients to us.

“Total Price” – includes the Fees.

1.2  All headings are for ease of reference only.

1.3  References to “in writing” or “written” include e-mail.

2  OUR SERVICES

2.1  The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2.2  Procontractors Ltd operates the Website which has been established to facilitate introductions between Clients and Contractors for the provision including but not limited to detailing work requests and bidding.

2.3  Clients can detail or request Procontrators Ltd to detail on their behalf, the work they require on the Website. Contractors bid for the Client’s work on the platform or can submit their price to us via email or letter, and entered on the Website by us.

2.4  To use the Services, Customers will be required to accept the Terms and Conditions, and a contract will be formed between Customers and Procontractors Ltd for the provision of the Services.

2.5  The Contractor is to note that any obligations, requirements, terms, and conditions placed on us by the Client also apply to the Contractor unless otherwise agreed by us. The Contractor has the right to request this information from the Client.

2 .6  The Client is to note that there may be terms, limitations, exclusions, dependencies, etc. from the Contractor. The Client has the right to request this information from the Contractor.

2.7  When a Client’s work request has been entered on the website and Contractors have had the opportunity to bid for the work, the Client will be provided with the Total Price and details of the Contractors who may be able to fulfill the criteria that the Client has provided. If a Contractor is selected by the Client then the Contractor will be informed and details of the Client will be forwarded to the selected Contractor.

2.8  The Client will be entitled to review the information regarding the Contractors, and may or may not decide to engage a Contractor to provide the Services the Client requires. We cannot in any way endorse or confirm that the Contractors identified as a result of our Service are able to fulfil the Client’s requirements, and it will be the Client’s sole responsibility to establish whether they can meet the Client’s requirements.

2.9  The Client will have the right to accept or reject the Total Price and not to engage the Contractors provided. If the Client rejects to engage the Contractors provided, then there is no Fees payable to us.

2.10  The Total Price provided to the Client will include the Bid, the price given by Contractors to fulfil the Client’s work request and our Fees.

2.11  If the Total Price has been agreed and further price renegotiations have taken place outside the involvement of Procontractors Ltd we still reserve the right to charge the agreed price.

2.12  Our Fees depend on several factors such as our involvement. We will have the right to charge whatever Fee we deem to be fit.

2.13  The Client can engage, or inform us to engage on their behalf, the selected Contractor to carry out the work.

2.14  We will have the right to request evidence of work being performed or completed.

2.15  The Client will have the right to inspect any work performed.

2.16  We or our representative will have the right to inspect any work carried out.

2.17  Payment to the Contractor will be made once the Client has confirmed in writing that they are satisfied with the work performed or completed by the Contractor.

2.18  If there is dispute with the work carried out by the Contractor then we will have the right to withhold payments until the dispute is resolved.

2.19  All payments made to the Contractor must be made through Procontractors Ltd.

2.20  Any refunds due to the Client must be made through Procontractors Ltd.

2.21  The Contractor will only be paid when Procontractors Ltd has been paid by the Client.

2.22  In some cases, we may request the Client pays upfront before the Contractor starts work.

2.23  The Contractor may get paid in stages or on completion of the work.

2.24  No cost is made to Clients for detailing work requests on the website.

2.25  Contractors can bid for work on the website at no cost.

3  QUALITY OF OUR SERVICES

3.1  The Services will be provided by Procontractors Ltd using reasonable care and skill . Time will not be of the essence where we have stated on the Website that any Contacts will be provided within a prescribed period of time.

3.2  Our performance of the Services, unless expressly stated otherwise in these Terms and Conditions, all warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded from these Terms and Condition.

4  INTELLECTUAL PROPERTY RIGHTS

4.1  Our intellectual property:

4.1.1  We are the owner or the licensee of intellectual property rights in our Services, including source code, databases, functionality, website designs, and text in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

4.1.2  Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Kingdom and around the world.

4.1.3  The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only.

4.1.4  The Service and its original content, features and functionality are and will remain the exclusive property of Procontractors Ltd and its licensors.

4.2  Your use of our Services:

4.2.1  Subject to your compliance with these Terms and Conditions, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable license to:

4.2.1.1  access the Services; and
4.2.1.2  download or print a copy of any portion of the Content to which you have properly gained access.
4.2.1.3  solely for your personal, non-commercial use or internal business purpose.

4.2.2  Except as set out in this section or elsewhere in our Terms and Conditions, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4.2.3  If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms and Conditions, please address your request to: team@procontractors.co.uk. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

4.2.4  We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

4.2.5  Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and Conditions, and your right to use our Services will terminate immediately.

4.3  Your submissions and contributions:

4.3.1  Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

4.3.2  Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

4.3.3  Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution.

4.3.4  You understand that Contributions may be viewable by other users of the Services.

4.3.5  When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty- free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

4.3.6  This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

4.3.7  You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

4.3.7.1  confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

4.3.7.2  to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;

4.3.7.3  warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above- mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

4.3.8  You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

4.3.9  We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Terms and Conditions. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

4.4  Copyright infringement

4.4.1  We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the ‘COPYRIGHT INFRINGEMENTS’ section below.

5  USER REPRESENTATIONS

5.1  By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

5.2  If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5.3  You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

5.4  You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

6  USER REGISTRATION

6.1  You will be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

7  PURCHASES AND PAYMENT

7.1  We accept the following forms of payment:

7.1.1  Bank Transfer
7.1.2  Cheque.

7.2  You agree to provide current, complete, and accurate account information for the Services. You further agree to promptly update account and payment information, including email address, payment method, so that we can complete your transactions and contact you as needed. VAT may be added to the price as deemed required by us. All payments shall be in GBP.

7.3  You agree to pay all charges at the prices then in effect for the Services, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

7.4  We reserve the right to refuse any work order placed through the Services. We may, in our sole discretion, limit or cancel the work order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or work orders that use the same billing address. We reserve the right to limit or prohibit work orders.

8  POLICY

8.1  Once work has started a refund may not be possible.

9  PROHIBITED ACTIVITIES

9.1  You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

9.2  As a user of the Services, you agree not to:

9.2.1  Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

9.2.2  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

9.2.3  Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

9.2.4  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services in order to harass, abuse, or harm another person.

9.2.5  Make improper use of our support services or submit false reports of abuse or misconduct.

9.2.6  Use the Services in a manner inconsistent with any applicable laws or regulations.

9.2.7  Engage in unauthorised framing of or linking to the Services.

9.2.8  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

9.2.9  Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

9.2.10  Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.

9.2.11  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).

9.2.12  Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

9.2.13  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

9.2.14  Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

9.2.15  Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

9.2.16  Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

9.2.17  Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.

9.2.18  Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

9.2.19  Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

9.2.20  Use the Services to advertise or offer to sell goods and services. Sell or otherwise transfer your profile.

10  USER GENERATED CONTRIBUTIONS

10.1  The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non- proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

10.1.1  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

10.1.2  You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms and Conditions.

10.1.3  You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms and Conditions.

10.1.4  Your Contributions are not false, inaccurate, or misleading.

10.1.5  Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

10.1.6  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

10.1.7  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

10.1.8  Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

10.1.9  Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party.

10.1.10  Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

10.1.11  Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

10.1.12  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

10.1.13  Any use of the Services in violation of the foregoing violates these Terms and Conditions, and may result in, among other things, termination or suspension of your rights to use the Services.

11  CONTRIBUTION LICENCE

11.1  By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.

11.2  This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

11.3  We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.

11.4  You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11.5  We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

12  GUIDELINES FOR REVIEWS

12.1  We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

12.2  We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non- exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

13  SERVICES MANAGEMENT

13.1  We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14  LINKS TO OTHER WEBSITES

14.1  Our Service may contain links to third-party web sites or services that are not owned or controlled by Procontractors Ltd.

14.2  Procontractors Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Procontractors Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

14.3  We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

15  PRIVACY POLICY

15.1  We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States and United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States and United Kingdom, then through your continued use of the Services, you are transferring your data to the United States and United Kingdom, and you expressly consent to have your data transferred to and processed in the United States and United Kingdom.

16  COPYRIGHT INFRINGEMENTS

16.1  We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a ‘Notification’). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

17  TERM AND TERMINATION

17.1  These Terms and Conditions shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

17.2  If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17.3  Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

17.4  All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

18  MODIFICATIONS AND INTERRUPTIONS

18.1  We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

18.2  We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

19  GOVERNING LAW

19.1  These Terms and Conditions shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.

19.2  Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

20  DISPUTE RESOLUTION

20.1  Informal Negotiations:

20.1.1  To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

20.2  Binding Arbitration:

20.2.1  Any dispute arising from the relationships between the Parties to these Terms and Conditions shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be England, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

20.3  Restrictions:

20.3.1  The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

20.4  Exceptions to Informal Negotiations and Arbitration:

20.4.1  The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

21  CORRECTIONS

21.1  There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21.2  We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we have the right not to give any prior notice to any new terms and conditions taking effect. What constitutes a material change will be determined at our sole discretion.

21.3  By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms and conditions. If you do not agree to the new terms and conditions, please stop using the Service.

22  DISCLAIMER

22.1   THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

23  LIMITATIONS OF LIABILITY

23.1  IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24  INDEMNIFICATION

24.1  You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25  USER DATA

25.1  We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26  ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

26.1  Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27  MISCELLANEOUS

27.1  These Terms and Conditions and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

28  CONTACT US

28.1  In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Procontractors Ltd
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ
United Kingdom
Phone: 07960267711
Email: team@procontractors.co.uk