Members Terms and Condition - Local Surveyors Direct

This agreement describes the terms and conditions of your use, as a Member, of our services provided under the domain and sub-domains at www.localsurveyorsdirect.co.uk (the Website). By becoming a Member you agree to be bound by this agreement. If you are registering as a firm, you must have the authority to bind the firm to this agreement.

Eligibility for Membership

Membership is available only to businesses which have appropriate knowledge and expertise in the Services which they offer on the Website. Members should belong to any professional institutions and/or trade bodies appropriate to the Services which the offer on the Website. Members should hold adequate professional indemnity or public liability insurance appropriate to the Services which they offer on the Website.

User Names and Passwords

You will have a User Name and Password which you must keep safe and secure, and must not disclose your Password to any other person, nor allow any other person to use it. You are responsible for your User Name and Password and for any actions taken using them.

The Website

The Website is a tool to facilitate Members to promote their services to Clients (anyone using the Website to look for services offered by Members). Members provide information about themselves, their services and their fees (Members Information) which is stored on the Website. Selected parts of Members Information may be displayed on the Website and emailed to Clients in response to their enquires. You will be informed by email whenever any of your information is displayed and/or emailed to a Client, along with details of that Client so that you can contact them. We are not involved in any discussions, negotiations or agreements between Members and Clients.

Members Information

We do not review or check the accuracy or legality of Members Information which you provide to us for display at the Website, or which you upload to the Website yourself. You are responsible for ensuring that all such Members Information is correct, is not misleading, inoffensive, legal and is not defamatory about any other Member, Client or third party. In the event that any Members Information comes to our attention which we consider may not meet the above requirements, we reserve the right to remove such Members Information, and/or to suspend or terminate the Member.

Members Services

Members must only offer to carry out work (Services) for which they are sufficiently knowledgeable, experienced, competent and able to carry out, taking into account all relevant factors, including the type of work, the age and type of the property concerned, and its geographical location.

Client Identification

We endeavour to ensure that all Clients and their enquiries are bona fide but we are unable to guarantee this to be the case every time. You are responsible for verifying that any Clients with whom deal, are who they say they are and that their request for a Service is genuine.

Continuous Operation

We will use our reasonable endeavours to ensure that the Website and Members Information is always available to Clients. However, we cannot and do not guarantee a continuous, uninterrupted operation as this could be affected by many factors beyond our control as well as our needs to maintain and further develop the Website.

Improper Use

You must only use the Website for the intended purpose of offering your Services, Estimates and Member Information to Clients. You must not use the Website in any improper manner or for any fraudulent purpose, nor with the intention of doing so.

Computer Viruses

You must ensure that you do not upload any computer viruses, macro viruses, trojan horses, worms or anything which could interfere with the normal operation of the Website or any other computer, or which could intercept, access, gather or export data from the Website.

Information License

You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free license to exercise the copyright, trade-mark, publicity, and database rights you have in the Members Information which you provide to us.

Fees

You agree to pay the fees as advised to you at the time of joining, and as subsequently agreed from time to time (Fees). In the event that any Fees are not paid, your Membership may be suspended or terminated and your Members Information may be removed from the Website without notice. We reserve the right to take legal action to recover any unpaid fees.

Warning, Suspension and Termination

In the event that we have reason to believe that you may have breached this agreement, or we have reason to suspect that a breach of this agreement is intended, we may issue you with a warning or suspend your membership or terminate your membership.

Liability

In the event that you have any grievance, complaint or claim against another Member, or a Client you agree to pursue this directly with the Member or Client, without involving us.

Limitation of Liability

Nothing in this agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence. Subject to this, we will not be held liable for any loss or damages arising out of this agreement or the operation or non operation of the Website.

Indemnity

You agree to indemnify us against any claims or demands made by any other Member, Clients or third party in respect of your Membership, Members Information or any of your dealings with Clients.

Revisions

This agreement may revised at any time, without notice, by displaying the revised agreement on the Website. You will be informed by email of any revisions to this agreement.

Termination

This agreement may be terminated at any time, without notice, by either party.

Notices

Notices to us must be delivered to our registered office, Drummond House, Drummond Drive, SOUTHAMPTON, SO15 0SS. Notices to you will be sent to the email address or postal address in Your Information.

Governing Law

This agreement shall be governed by and construed in accordance with English law. If any provisions of this agreement are held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain.

17 October 2006