Terms of Use Agreement
Welcome to our website. By using our site, you are agreeing to comply with and be
bound by the following Terms of Use. Please review the following terms carefully. If
you do not agree to these terms, you should not use this site. The term 2home
Addvisory Service" or “HAS” or “us” or “we” or “our” refers to Home Advisory Service
Ltd, the owner of the wWeb site. The term “you” refers to the user or viewer of our
website.
1. Acceptance of Agreement:
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our website (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be amended at
any time by us without specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using the Site.
2. Copyright:
The content, organisation, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed by Section 4 below, is
strictly prohibited. All rights are reserved. You do not acquire ownership rights to
any content, document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any right in such
information and materials. Some of the content on the site is the copyrighted
work of third parties.
3. Service Marks:
Home Advisory Service and Switch Wizard and others are our service marks or
registered service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
4. Permitted Uses of the Site:
You are granted a non-exclusive, non-transferable, revocable license to use the
site. Our software can be used for obtaining quotations and information from third
party suppliers for goods or services. We are not party to any agreement you may
undertake with any third party and you have not appointed us to act as your agent
or adviser. You agree: (a) to access and use the Site strictly in accordance with
this Agreement; (b) to use the Site solely for internal, personal, non-commercial
purposes; and (c) to print out information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other
policies contained therein. Any telephone calls to our customer services may be
recorded for training and security purposes.
5. Restrictions on Use:
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein are subject to
the following restrictions and prohibitions on use: You may not (a) copy, print
(except for the express limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any Content and Materials
retrieved there of; (b) use the Site or any materials obtained from the Site to
develop, as a component of, any information, storage and retrieval system,
database, information base, or similar resource (in any media now existing or
hereafter developed), that is offered for commercial distribution of any kind,
including through sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works of any content
and materials from the Site; (d) use any content and materials from the Site in any
manner that may infringe any copyright, intellectual property right, proprietary right,
or property right of us or any third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or terms of use contained in the Site;
(f) make any portion of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or developed in the
future; (g) remove, decompile, disassemble or reverse engineer any Site software or
use any network monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process to harvest information from
the Site; (i) use the Site for the purpose of gathering information for or transmitting
(1) unsolicited commercial email; (2) email that makes use of headers, invalid or
nonexistent domain names, or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner
that violates any law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any portion thereof, or any
software available on or through the Site, in violation of the export control laws or
regulations of the United Kingdom.
6. No Relationship:
Information contained on or made available through the Site is not intended to and
does not constitute professional advice or recommendations under any
circumstance. The information in the site is intended for general information only.
We do not warrant or guarantee the accurateness or completeness of the
information and you should be aware that the information may be incomplete or out
of date. To the extent permitted, we disclaim all warranties, terms and
representations as to the accuracy of the information. Your use of information on
the Site or materials linked to the Site is entirely at your own risk.
7. Linking to the Site:
You may provide links to the Site, provided (a) that you do not remove or obscure,
by framing or otherwise, advertisements, the copyright notice, or other notices on
the Site, (b) your site does not engage in illegal activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
8. Advertisers:
The Site may contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Site is accurate
and complies with applicable laws. We are not responsible for the illegality or any
error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
9. Registration:
Certain sections of, or offerings from, the Site may require you to register. If
registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real name and
accurate information. Each registration is for your personal use only and not on
behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being
made available to multiple users on a network. You are responsible for preventing
such unauthorised use.
10. Errors, Corrections and Changes
We use reasonable endeavors to amend any errors as soon as practicable, however
we do not represent or warrant that the Site will be error-free, free of viruses or
other harmful components, or that defects will be corrected. We do not represent or
warrant that the information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other content appearing
on the Site.
11. Third Party Content:
Third party content may appear on the Site or may be accessible via links from the
Site. We are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions and falsehoods in the statements,
opinions, representations or any other form of content on the Site. You understand
that the information and opinions in the third party content represent solely the
thoughts of the author and is neither endorsed by nor does it necessarily reflect our
belief.
12. Unlawful Activity:
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited to
reporting any suspected unlawful activity to law enforcement officials, regulators, or
other third parties and disclosing any information necessary or appropriate to such
persons or entities relating to your profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
13. Indemnification:
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers of
information and documents, legal representatives, advertisers, product and service
providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability,
loss, claim and expense, including reasonable legal fees, related to your violation of
this Agreement or use of the Site.
14. Nontransferable:
Your right to use the Site is not transferable or assignable. Any password or right
given to you to obtain information or documents is not transferable or assignable.
15. Disclaimer:
The information and content from or through the site are provided "as-is," "as
available," with “all faults”, and “all warranties”, express or implied, are disclaimed
(including but not limited to the disclaimer of any implied warranties of
merchantability and fitness for a particular purpose). The information and services
may contain bugs, errors, problems or other limitations. We and our affiliated parties
have no liability whatsoever for your use of any information or service. In particular,
but not as a limitation thereof, we and our affiliated parties are not liable for any
indirect, special, incidental or consequential damages (including damages for loss of
business, loss of profits, litigation, or the like), whether based on breach of contract, breach of
warranty, tort (including negligence), product liability or
otherwise, even if advised of the possibility of such damages. The negation and
limitation of damages set forth above are fundamental elements of the basis of the
bargain between us and you. This site and the products, services, documents and
information presented would not be provided without such limitations. No advice or
information, whether oral or written, obtained by you from us through the site or
otherwise shall create any warranty, representation or guarantee not expressly
stated in this agreement. All responsibility or liability for any damages caused by
viruses contained within the electronic file containing a form or document is
disclaimed.
16. Limitation of Liability:
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or
damage of any kind resulting in any way from: (a) any errors in or omissions from
the Site or any services or products obtainable there of; (b) the unavailability or
interruption of the Site or any features thereof; (c) your use of the Site; (d) the
content contained on the Site; or (e) any delay or failure in performance beyond the
control of a covered party.
17. Use of Information:
We reserve the right, and you authorise us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in any
manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics,
or other information communicated by you to us (collectively, a "Submission") will
forever be our property and you understand and agree that we may use this
information to contact you for any reason in the future. We will not be required to
treat any Submission as confidential, and will not be liable for any ideas (including
without limitation, product, service or advertising ideas) and will not incur any
liability as a result of any similarities that may appear in our future products,
services or operations. Without limitation, we will have exclusive ownership of all
present and future existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for any commercial or other
purpose whatsoever, without compensation to you or any other person sending the
Submission. You acknowledge that you are responsible for whatever material you
submit, and you, not us, have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
18. Third-Party Services:
We may allow access to or advertise certain third-party product or service providers
("Merchants") from which you may purchase certain goods or services. You
understand that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions entered into
between you and Merchants. You agree that use of or purchase from such
Merchants is at your sole risk and is without warranties of any kind by us,
expressed, implied or otherwise including warranties of title, fitness for purpose,
merchantability or non-infringement. Under no circumstances are we liable for any
damages arising from the transactions between you and merchants or for any
information appearing on merchant sites or any other site linked to our site.
19. Third-Party Merchant Policies:
All rules, policies (including privacy policies) and operating procedures of Merchants
will apply to you while on any Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations or commitments on
behalf of the other.
20. Privacy Policy:
Our Privacy Policy is a part of this Agreement and may change from time to time.
You may review this Privacy Policy by clicking on this link
21. Payments:
You represent and warrant that if you are purchasing something from
us or from Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including any applicable
taxes.
22. Links to other Websites:
The Site may contain links to other websites. We are not responsible for the
content, accuracy or opinions express on such websites, and such websites are not
investigated, monitored or checked for accuracy or completeness by us. Inclusion of
any linked website on our Site does not imply approval or endorsement of the linked
website by us. If you decide to leave our Site and access these third-party
websites, you do so at your own risk.
23. Information and Press Releases:
The Site may contain information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise, should not
be relied upon as being provided or endorsed by us.
24. Legal Compliance:
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the content and
materials provided there in.
25. Miscellaneous:
This Agreement shall be governed by and construed in accordance with the Laws of
England. Any disputes shall be dealt with in the English Courts.
