Terms & Conditions

Term of services

General Site usage

Lat revised 15/07/2019

By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.

Governing Law & Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.

If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

Overview

NearByMe provides an online marketplace for Professionals of all types, and potential Customers who are in need of their services.

Accuracy of Information

Although we attempt to ensure that it is correct and accurate, NearByMe cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content.

In using the Services provided by NearByMe, you acknowledge that NearByMe is not acting as a contractor or agent and is not responsible for any work done. It is the responsibility of the Customer to select a suitable Professional and to negotiate the terms for any work that they undertake, and NearByMe will not be involved or held liable for any Service Agreement between the Customer and Professional.

We recommend that any Customer, before entering into a Service Agreement with any Professional, obtains confirmation of insurance cover, guarantees, qualifications and any other necessary document. If you suffer any problems or losses as a result of not obtaining or verifying these details, NearByMe will not be liable.

Content

You agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the website. Profiles, listing descriptions and other content must be civil and tasteful.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“content”) posted on, transmitted through, or linked from NearByMe, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the Service.

You understand that NearByMe does not control, and is not responsible for content made available through the service. Furthermore, the NearByMe site and content available through the Service may contain links to other websites, which are completely independent of NearByMe. NearByMe makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.

Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will NearByMe be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via NearByMe.

You acknowledge that NearByMe does not pre-screen or approve all content, but that NearByMe shall have the right (but not the obligation) in its sole discretion to remove or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.

Intellectual Property

NearByMe owns all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission.

The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials (“content“) Users upload to NearByMe are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.

Feedback

All Professionals will be subject to feedback evaluations from Customers if, after expressing interest, a Service Agreement is reached to carry out some or all of the job advertised or similar or related work.

Trade Professionals understand that NearByMe is not responsible for the feedback content that those customers post, or any harm done by such content. The Customer who posts the feedback is directly responsible for its content, and the accuracy and legality thereof.

All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

NearByMe performs a number of checks on feedback with an aim to ensure that feedback is authentic, and will remove feedback that in its sole discretion appears to be fake, but makes no claim or warranty of the accuracy or authenticity of any feedback. NearByMe may, at its sole discretion, also remove feedback at the request of the author.

References

Any contact details given will not be displayed on the site or used for marketing purposes. It is your responsibility to ensure that you have the referee’s permission to give their contact details to NearByMe .

It is the responsibility of the Professional to ensure that the referee is a genuine client. We perform a number of checks to ensure this. It is at our sole discretion whether comments from the referee will be posted.

Payment Terms & Refunds

If you are a Trade Professional, you agree to pay NearByMe for a Listings fee every time.

The Package fee is clearly displayed on each lead page, and will also be clearly marked as you express interest . Each fee is calculated based on the likely Package size, and fees will typically range from £2.00 (GBP) to £50 (GBP).

You understand that NearByMe cannot influence the outcome of any particular package listing and does not guarantee that you will be able to secure work .

You understand that the money paid for the package listings will not be returned.

All Services

You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is more than 14 days overdue your account will be automatically restricted.

You understand that we only accept payment by credit or debit card. By designating a card to be billed, you confirm that you are authorised to make such a purchase.

You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.

Failed & Disputed Payments

If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact Us page.

Should any payment method you use fail or is later reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a £10 + VAT administration fee.

Limitations

You acknowledge that NearByMe may establish limits concerning use of the Website, including but not limited to the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.

You agree that NearByMe has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that NearByMe reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that NearByMe shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.

You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.

Termination of service

You agree that NearByMe, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, for any reason, including, without limitation, if MyBuilder believes that you have acted inconsistently with the letter or spirit of the terms.

Further, you agree that NearByMe shall not be liable to you or any third-party for any termination or restriction of your access to the website.

Further, you agree not to attempt to use the website after said termination.

Changes

NearByMe reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.