Website Terms and Policies.

Last updated September 2016

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website https://www.plentific.com ("our site").

 

Who we are and how to contact us

Plentific.com is a site operated by Plentific Ltd ("we"). We are registered in England and Wales under company number 08275972 and have our registered office at Notcutt House 36 Southwark Bridge Road, London SE1 9EU with VAT registration number 162 3480 22.

We connect individual homebuyers, homeowners (“Customers”) and home professionals of all types (home professionals are referred to individually as "Pro," collectively as "Pros"). We help homeowners discover properties, home projects, learn about project costs and select a Pro based on characteristics that matter most to them. We help Pros increase their online presence, showcase their work and connect with homeowners in need of their services (the “Service”).

To contact us, please email info@plentific.com or write to us at Notcutt House 36 Southwark Bridge Road, London SE1 9EU.

 

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

 

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy and Cookie Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us and which sets out information about the cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Customer Terms and Conditions, which sets out how Customers may use the Service (the “Customer Terms”).
• Our Pro Terms and Conditions, which sets out how Pros may use the Service (the “Pro Terms”).

 

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 5 September 2016.

 

We may make changes to our site

We may update and change our site from time to time to reflect changes to our Service, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

 

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@plentific.com.

 

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

 

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on info@plentific.com.

Our responsibility for loss or damage suffered by you.

 

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

 

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms.

You are solely responsible for securing and backing up your content.

All content submitted to our site by you (or on your behalf), including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called your "User Content" for short.

 

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

 

Rights, permissions and waivers

You hereby grant to us and any of our group companies and affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish your User Content (including, without limitation, the right to adapt, alter, amend or change your User Content) in any media or format (whether known now or invented in the future) throughout the world without restriction.

You warrant, represent and undertake to us that all User Content you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your User Content to enable you to grant the rights and permissions in this clause.

Where your User Content contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows:

• that all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the User Content and to you submitting the User Content to our site, and
• where featured or identified individuals are under the age of 18, that you either:
  • are the parent or legal guardian or such featured or identified individuals, or
  • have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the User Content and to you submitting the User Content to our Website.

You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world.

 

Content standards

These content standards apply to any and all material which you contribute to our site ( "contributions"), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held, where they state opinions (for example, Pro reviews).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Upload any User Content which could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise);

 

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these terms through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with the above acceptable use terms constitutes a material breach of these website terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of the above acceptable use terms. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

 

Ratings and reviews on our site

All ratings and reviews of Pros displayed to you reflect the opinions of other Customers, and do not reflect or represent our opinions or representations. We do not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of our site or the materials contained therein.

Users of our site may not include any material that may point others to another company, location or entity both online and offline that provides similar services to Plentific. Plentific reserves the right to remove or withhold any such material at any time which it considers fails to adhere with these Terms.

Upon giving a review or rating, you are confirming that the information you are providing is both truthful and precise. You will also be affirming that your review is not slanderous, adheres to these terms and is ultimately subject to our discretion. When you post a review you will also be acknowledging that the material you are sharing is completely your own and not in the likeness of anyone else. You cannot use the words or name of another person unless permitted to do so.

By leaving a review or rating, you are consenting to us using the material you have provided in any manner that we may require. We also cannot guarantee that we will post your review once it has been submitted to us. Moreover, we reserve the right to remove reviews and ratings that are found to be unnecessarily disparaging without warning or explanation. 

All Pros are liable to receiving a review or rating from a Customer after a job has been booked or completed through our site. We do not permit reviews or ratings from employees of the Pro or any individuals that work in tandem with them. We also do not allow any reviews or ratings of the Pro to be posted by their competitors.

 

Your Plentific account

By making an application to use the Service as a Customer or a Pro, you agree and confirm:

• all the information you have provided is accurate and correct and you are the person whose details you have provided;
• you can enter into a legally binding agreement with us;
• you will only use the Service for the purposes as envisaged by these terms and the applicable Customer Terms or Pro Terms;
• you have provided a current address, telephone number and e-mail address and will notify us immediately if your contact details change;
• in the case of an individual, you are 18 years of age or over and capable of taking responsibility for your own actions;
• in the case of a company, LLP or partnership, you are duly authorised to act on its behalf; and
• you authorise us, at any time, to use any means that we consider necessary to verify your identity with any third party providers of information. Please refer to the Privacy Policy for details of steps we may undertake to do this.

You must provide us with all information requested during the application process and comply with all our identification and anti-money laundering requirements (as applicable) to enable us to comply with all laws, regulations, rules and regulatory guidance applicable to the Service.

We reserve the right, in our sole discretion, to refuse to register you as a user of the Service for any reason.

When you register with us to use the Service you will be given a Plentific account (“Plentific Account”) and asked to set a password. If you submit a request for a job without registering with us, we will automatically create a Plentific Account for you with a randomly generated password which you will then have the option to amend via our site. You agree to keep any such password and Plentific Account details strictly confidential and you must not disclose them to any third party. You agree to protect them in the same way as you would details of your bank account or your bank cards. Any failure to do so shall be at your sole risk and expense.

You agree that we are entitled to assume all correspondence, orders, transfers and instructions made by reference to your password and account number are made by you. You agree to inform us immediately by e-mail and by telephone if you know or suspect that any of your account information or password has been compromised or are being misused so that we may suspend your account.

We have the right to disable any Plentific Account or password at any time if, in our reasonable opinion, you have failed to comply with any material provisions of these Terms.

Our Privacy Policy contains details of how we may use the personal information you provide to us when registering, including how we use credit and ID checks to protect you and those you interact with on the Platform. You should read the Privacy Policy carefully before completing your registration or application. By continuing to use our site and the Service you consent to such use of your personal information.

 

Fees

As a Customer of the site, no fees are payable by you to use the Service.

As a Pro, various fees may be payable to us for our role in providing and administering the Service. Details of such fees can be found in the Pro Terms.

We may waive or offer discounts on any of our fees to any person at any time in our sole and absolute discretion, taking into account any applicable legal obligations at all times.

We may change any of our fee rates from time to time to reflect legitimate cost increases or reductions in operating the Service or providing any services under these terms, the Customer Terms or the Pro Terms. We will give you at least 30 days' notice of any change in our fees in accordance with clause 3.9 of the Pro Terms. Any such changes in fees will only affect provisions of services to Customers made on and after the date on which the change is stated to take effect.

All fees are exclusive of any applicable value added tax or other taxes, for which the person paying the relevant fee shall be liable.

 

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms.

 

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Our trade mark is registered

PLENTIFIC is a UK registered trade mark. You are not permitted to use this without our approval, unless it is part of material you are using as permitted under our press section.