Terms & Conditions
Version number: 1.0
Effective date: 01/12/2020
1.1 We are Herofix Ltd trading as “HeroFix”. Our company information is at the end of this document.
- Some definitions
2.1 Here are some definitions which are used in this document (all capitalised):
- a) “Advertiser” – a User who places a Listing on our Service.
- b) “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- c) “Content” – all information of whatever kind (including posts, comments, blogs, chat, images, photos, audio, video, messages, advertisements, Listings, Reviews etc.), uploaded to our Service (including messages sent via our Service).
- d) “Customer” – a User who uses our Service for the purpose of availing of Video Call Services.
- e) “Listings” – all directory listings and other promotions on our Service including advertisements and banners.
- f) “Provider” – a plumber or other User who uses our Service for the purpose of supplying Video Call Services to Customers.
- g) “Review” – any review, comment or rating.
- h) “Service” – our website, the services we offer by means of our website and any related software and services.
- i) “User” – persons or organisations using our Service (whether or not registered with us).
- j) “Video Call Contract” – a contract for the supply of Video Call Services.
- k) “Video Call Services” – plumbing or other advice delivered via video or other means via our Service.
- What this is all about – introduction to our terms and conditions
3.1 These are our terms and conditions which apply to our Service. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
3.2 While these terms and conditions apply to everyone, the Addendum (at the end of this document) contains additional terms which apply only to Advertisers.
- Forming a contract with us
4.1 By registering on our Service, you offer to enter a legal contract with us to use our platform Service. We accept your offer and there is a binding legal contract when we send you a confirmation email. This is different from the Video Call Contract between Providers and Customers – see below.
- Changing our terms and conditions
5.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email and by posting the new version on our website.
5.2 If you don’t agree to the new terms, you can end this contract with effect from 15 days after our notice by emailing us within that period.
- Your right to use our Service
6.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
- Who can use our Service?
7.1 You must not use, or attempt to register on, our Service if you are below 16 years of age.
- Acceptable use of our Service
8.1 You agree not to do any of the following in connection with the Service:
- a) breach any applicable law, regulation or code of conduct;
- b) upload any Content (including links or references to other content), or otherwise behave in a manner, which:
- is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
- infringes any intellectual property or other rights of others;
- involves phishing or scamming or similar; or
- we otherwise reasonably consider to be inappropriate;
- c) make recordings or screenshots of sessions without the written consent of all other particpants;
- d) upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent;
- e) impersonate any person or entity in order to mislead others;
- f) upload any Content which links to any third party websites which are unlawful or contain inappropriate Content;
- g) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
- h) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
- i) do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;
- j) do anything which may negatively affect other Users’ enjoyment of the Service;
- k) gain unauthorised access to any part of the Service or equipment used to provide the Service;
- l) intercept or modify communications to or from the Service;
- m) circumvent any security or other features of the Service including features that restrict use or copying of Content; or
- n) attempt, encourage or assist any of the above.
8.2 You agree to:
- a) comply with any rules or requirements on our Service;
- b) promptly comply with any reasonable request or instruction by us in connection with the Service; and
- c) ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
- Video Call Services (very important – we only provide a platform)
9.1 Our Service constitutes a neutral platform whereby Providers can arrange to supply Video Call Services to Customers. We do not supply those services. Any Video Call Contract is between the respective Provider and Customer and the terms are for the parties to determine providing that they are consistent with this agreement. We are not a party to the Video Call Contract itself. You acknowledge that any legal recourse arising from breach of the Video Call Contract is against the other party to the Video Call Contract and not against us.
9.2 You also separately promise us that you will comply with each Video Call Contract.
Your obligations to the Customer / Provider
9.3 Providers agree that in connection with supply of Video Call Services to Customers:
- a) they have and will maintain the necessary abilities (including licenses, permissions, qualifications, skills, training, expertise);
- b) they will supply the Video Call services with reasonable skill and care; and
- c) they will comply with all applicable laws and regulations (including data protection) and will not infringe any third party rights.
9.4 Users agree to deal with other Users in a polite and courteous manner and to respond promptly to communications from other Users.
Customer’s legal right to cancel the Video Call Contract (“cooling off”)
9.5 If you are a Consumer living in the European Economic Area, you have the right to cancel the Video Call Contract subject to what we say below. The Provider acknowledges that it is bound by and agrees to comply with these provisions.
9.6 You lose the right to cancel contracts for the supply of services which have been fully performed, i.e. completed.
9.7 If you do have the right to cancel, please see the instructions at the end of this document.
Payment by Customers
9.8 Customers must pay the relevant fee to us in advance on behalf of the Provider as shown on our Service, which includes any applicable VAT. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
Cancellation of bookings by the Provider
9.9 The Provider is entitled to cancel a booking by giving notice via the Service if it has a good reason to do so, e.g. illness or emergency. If so, we will refund the Customer fee to the Customer in full. We also reserve the right to apply a negative Review to the Provider in respect of that booking.
Cancellation of bookings by the Customer
9.10 Separately from (and without affecting) any cooling off rights, Customers can cancel bookings at any time by giving notice via our Service. If so, there will be a full refund unless you cancel within 24 hours of the scheduled start time (or any alternative period stated on our Service) in which case you will be charged in full.
9.11 It is the responsibility of the Provider to confirm via our Service when the call is complete including submission of a report to the Customer. The Customer has 48 hours (or any alternative period stated on our Service) following this confirmation to raise a dispute via our Service. If no dispute is raised, then we are entitled to release the payment to the Provider.
9.12 If a dispute is raised during the above dispute period, we will adjudicate on the dispute in our absolute discretion and our decision will be final. Our adjudication will relate only to allocation of the fees held by us and not any wider aspect of the dispute. We are entitled to allocate a full refund to the Customer, to make full payment to the Provider or do split the payment between the parties as we consider appropriate. Both parties shall provide reasonable co-operation including supply of any information that we reasonably request. We are entitled to set or extend any deadlines we consider appropriate whether to allow the parties to try and resolve the dispute themselves, to require production of information, to make our decision or otherwise. We have no legal liability to either party in relation to our role as adjudicator.
9.13 If you have any complaint about another User, you must notify us promptly by email to our email address shown below.
Payment to Providers
9.14 Provided you have complied with your contract with us, we will take reasonable steps to pay you by whatever payment method we use the amount of the fee received from the Customer less any deductions mentioned below. We will make payment within a reasonable period after the end of the relevant dispute period or, if applicable, following resolution of any dispute.
9.15 We are entitled to deduct (including applicable VAT) our fee from the payment to you. We may at any time change the amount of our fee. If so, we will give you notice by email. Any orders made after that notice will be subject to our new fees.
9.16 We are entitled in our discretion to refund to the Customer on your behalf all or part of the Customer fee insofar as the Customer makes a complaint or raises a dispute or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion (which may be based on any cancellation policy which applies at that time). We are entitled to deduct the amount of such refund from any other fees due to you and you are liable to repay any shortfall if the relevant Customer fees have already been paid to you.
9.17 We are entitled to deduct from the fees due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which we have transmitted to you.
9.18 You are responsible for making up any shortfall arising from charges made by your bank.
9.19 You are responsible for checking that any invoices provided by us are suitable for your purposes and for accounting for VAT or any other applicable tax. We do not offer tax-related advice.
For Providers only
9.20 Providers agree to immediately inform us in writing of any relevant change to their circumstances, for example any changes to their licence to practice or insurance cover.
9.21 Providers acknowledge that we do not guarantee that use of our Service will generate any particular level of revenues or suitable enquiries.
9.22 We reserve the right in our discretion without notice to edit the text or layout of your Provider listing to ensure it complies with our terms and conditions and otherwise in accordance with how we think your presence should appear on our Service.
9.23 We rank Providers geographically or as otherwise explained on our Service. Rankings may be influenced by payment if we offer sponsored or similar listings which enable increased prominence.
9.24 You acknowledge that we do not supply Providers with access to any personal or other information provided to us or generated by use of our Service other than insofar as necessary to enable Providers to fulfil orders or as otherwise explained on our Service. We do not share any such information with anyone else except insofar as this is necessary for the proper functioning of our Service.
- If you upload Content to our Service
10.1 You are responsible for your Content.
10.2 You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
10.3 If you post a Review, you guarantee that you have no personal or business relationship with the entity, product or service being reviewed, that you are not a competitor of that entity, that have not been offered any incentive to write the Review and that the Review is your independent, honest, genuine opinion.
10.4 If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
10.5 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
10.6 It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused.
10.7 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
10.8 It is your responsibility to make your own frequent backups of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
10.9 We may irretrievably delete your Content without telling you after this agreement ends or if your account has been inactive for six months.
- Dealing with other Users…
11.1 You accept that we have no obligation to vet or monitor Users or their Content. While we may make some enquiries, such as asking for proof of qualifications and/or registrations, we don’t guarantee to do so and, even if we do, we cannot guarantee that such information is or will remain accurate and up to date. We don’t endorse or recommend any Users or their Content. You deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. Where appropriate, it is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
11.2 You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.
11.3 We do not verify Listings. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You must take appropriate professional or other advice. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Listing or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Listing or related enquiry.
11.4 If you respond to any Listing, please note that any resulting transaction is between you and the Advertiser concerned. You acknowledge that any legal recourse in connection with such transactions is against the Advertiser and not us. Please direct any queries or complaints to the Advertiser.
- Other peoples’ services / advertising / websites
12.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
13.1 If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice and is not tailored to your personal circumstances. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.
- Your account
14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
- Functioning of our Service
15.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
15.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
- Ending or suspending this contract
16.1 You may at any time end this contract by emailing us. (This doesn’t entitle you to a refund.)
16.2 We are entitled at any time to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
- a) you break this contract;
- b) you are a Provider and you repeatedly cancel bookings for Video Call Services;
- c) any fees payable by you are unpaid / unjustifiably charged back;
- d) acting reasonably, we think that it is necessary to protect us or others;
- e) we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
- f) you or anyone on your behalf acts inappropriately towards our staff.
16.3 If you are a Provider and we end the contract, we will give you at least 30 days’ notice unless we have a legal or regulatory obligation, or a legal right, to end it earlier, or you have repeatedly broken this contract.
16.4 We are entitled at any time end this contract if we terminate our Service as a whole or if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
16.5 If this contract ends:
- a) Any pending Video Call Contracts involving you are automatically terminated. If so, we will refund the applicable fee to the Customer subject any deduction which we consider reasonably appropriate.
- b) Your right to use our Service and all licences are terminated.
- c) Existing rights and liabilities are unaffected.
- d) All clauses in this contract which are stated or intended to continue after termination will continue to apply.
for more information about our retention of personal information.
- Restrictions on our legal responsibility – very important
17.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
17.2 If you are a Consumer, we shall not be liable for any loss or damage where:
- a) there is no breach of a legal duty owed to you by us;
- b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- c) (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
- d) such loss or damage relates to a business of yours.
17.3 If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer including claims made by other people arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
17.4 The following clauses apply only if you are not a Consumer:
- a) Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service in the 12 months before the act or omissions complained of.
- b) In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data
(even if we have been advised of the possibility of such losses).
- c) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
- d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
- Intellectual property rights (e.g. copyright)
18.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
18.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
18.3 If you upload any Content to our Service, you retain ownership of the intellectual property rights. You allow us at no cost, for so long as this contract lasts, to use and adapt all or part of such material however we wish on our Service. You also allow each User to use your Content in accordance with these terms and conditions.
which is subject to change from time to time.
- Events outside our control
20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
21.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
- English law
22.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
- General but important stuff
23.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
24.1 If you have any complaints, please contact us via the contact details shown below.
- Company information
25.1 Company name: Herofix Ltd
25.2 Trading name: “HeroFix”
25.3 Country of incorporation: England and Wales.
25.4 Registered number: 12586143
25.5 Registered office and trading address: Herofix Ltd, 86-90 Paul Street, London EC2A 4NE
25.6 Contact email address: firstname.lastname@example.org
25.7 Other contact information: herofix.com
25.8 VAT number: currently not VAT registered
ADDENDUM APPLICABLE ONLY TO ADVERTISERS
- Your Listing
26.1 We reserve the right in our discretion without notice to edit the text or layout of Listings or to locate or relocate Listings on our Service in order to ensure that your Listing complies with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).
26.2 You agree that, in connection with the supply of goods and/or services which are shown in, referred to or linked to in the Listing, you will act in accordance with highest standards reasonably to be expected in the relevant industry and in accordance with all applicable laws, regulations and codes of conduct.
26.3 We do not guarantee that your Listing will generate any particular level of revenues or suitable enquiries.
26.4 We reserve the right to irretrievably delete your Listing following expiration of your subscription or when this agreement ends.
- Payment for Listings
27.1 Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.
27.2 You are legally committed to pay your subscription payment for your Listing once we confirm your order.
27.3 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
27.4 Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
27.5 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
27.6 You must contact us immediately with full details if you dispute any payment.
27.7 You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this agreement.
27.8 If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
- Discount codes
28.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
28.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
RIGHT TO CANCEL VIDEO CALL CONTRACT (“COOLING OFF”)
The following applies if you have the right to cancel the contract (as explained above):
Right to cancel
- You have the right to cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day of the conclusion of the contract.
- To exercise the right to cancel, you must inform us Herofix Ltd, 86-90 Paul Street, London, EC2A 4NA UK (email address above) on behalf of the Provider (of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
- If you cancel this contract, the Provider will reimburse to you all payments received from you.
- The Provider will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
- The Provider will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you requested the Provider to begin the performance of services during the cancellation period, you shall pay an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To Herofix Ltd, 86-90 Paul Street, London EC2A 4NE, UK (email address above) on behalf of the Provider:
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate