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Terms of Use

Thank you for accessing our Service at http://www.compare-build.com (the “Website“) or through your mobile device. Please read the following Terms of Use carefully as they govern your use of the Service. Do not use the Service unless you wish to be bound by these terms because, by continuing to use any part of the Service, you confirm your acceptance of these Terms of Use (which also includes the Privacy Policy).
The Service is for use in the United Kingdom only. You must not access the Service from any other jurisdiction. You are responsible for all compliance with laws and regulations which apply to you.
These Terms of Use were last modified on 22 February 2021.


Definitions
Service Content
Links and User Content
Use of Information
Intellectual Property Rights
Limitation of Liability
Our Rights
General

 

 

Definitions
Where we refer to you in these Terms of Use, this also includes any person that accesses or uses our Service on your behalf. The “Terms of Use” include the terms set out here and the Privacy Policy as made available via the internet and/or our “Apps” from time to time.
Our “Apps” is the ‘’Compare & Build’’’ application and any other application that we release (each as modified and/or updated by us from time to time).
The “Service” consists of the website currently located at http://www.compare-build.com, our Apps, any pages we operate on third party social media applications, and the content and services we make available through them via the internet, mobile devices including smart phones and tablets, and/or interactive television devices and services.


Service Content
The vast majority of the material on the Service originates from our users and we have little or no editorial control over the material. We therefore cannot guarantee the accuracy, timeliness, completeness, performance or fitness for any particular purpose of the material available through the Service. We cannot accept responsibility for errors, omissions, or inaccurate material available through the Service, and make no warranty that the Service will be uninterrupted or error free, or that any defects will be corrected.
Whilst we take steps to prevent misuse of our systems, we cannot warrant that the Service will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.
The ratings and other information found on the Service are provided by users, not by us. We do not endorse or recommend any particular third party service. Any material you obtain from the Service is used at your own risk, and we will not be liable for any loss or damage arising out of or in connection with access or use of the Service (except to the extent that such liability cannot be excluded by law).

 

Links and User Content
It is not possible for us to review all websites which are linked from the Service (or link to the Service), and you should therefore take care when following any link. We cannot accept liability for any loss or damage that may be suffered as a result of following any links.

Use of Information
You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own information) from the Service without our prior written permission.
You consent to information about the device you use to access the Service being collected and processed for fraud prevention purposes and we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to our Service.

Intellectual Property Rights
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Service or any part of it (the “Rights“), including the manner in which the Service is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in these Terms of Use shall be taken to transfer any of the Rights to you.
Solely for the purposes of receiving the Service, we hereby grant to you for the period during which the Service is provided a non-exclusive, non-transferable, licence to use the Rights.

Limitation of Liability
Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
The sole warranty that we make is that we promise to provide any features of the Service that you pay for with reasonable skill and care.
If you are dissatisfied with the Service, or the terms of this Agreement, your sole remedy under this Agreement shall be to discontinue use of the Service.
Without limiting the foregoing, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with this Agreement.
Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
In the event that any limitation or exclusion of liability in this Agreement proves ineffective, then we shall not be liable to you for more than £100 in aggregate. If you register as both a “Homeowner” and as a “Trade Business” then only the aggregate cap in the Trade Business User Agreement shall apply
We cannot guarantee the day or time that we will respond to any email, telephone or written enquiries or Website form submissions.
Each of the provisions of this Clause shall be construed separately and independently of the others.


Our Rights
We reserve the right at all times to edit, refuse to post, or to remove from the Service any information or materials which we consider breaches or is likely to breach this Agreement, or which is or may be otherwise illegal or objectionable, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.
Without prejudice to the generality of the above, we reserve the right to terminate the provision to you of the Service or restrict your access to the Service at any time and/or to terminate this Agreement immediately on notice in the event that you are in material breach of this Agreement.
If you have made a payment for any paid-for service that we offer, and we have not completed delivery of that service, then subject to the provisions of the two paragraphs immediately above, we shall only be entitled to suspend or terminate provision of the Service to you, or terminate this Agreement on prior written notice:
Such notice to become effective only when we have completed delivery of the service that you have paid for or, if the following period is longer
On three (3) days’ prior written notice.

In all other circumstances, we reserve our rights to: modify or discontinue temporarily or permanently all or part of the Service; terminate the provision to you of the Service or restrict your access to the Service; and/or terminate this Agreement at any time without notice for any reason whatsoever, without liability of any kind to you (provided always that any such termination shall be without prejudice to the rights and liabilities of each party accrued prior to such termination).
We may vary the terms of this Agreement from time to time and shall post the revised terms on the Website. If you do not agree to the revisions made by us to the terms of this Agreement then you have the right to stop using Service, and should do so immediately. All revisions that we make to the terms of this Agreement shall become effective on the date four business days after the date on which the revised terms in question are posted on the Website. Your continued use of the Service after that date will constitute acceptance of the amended Agreement.


General
Clause headings are inserted for convenience only and shall not affect the interpretation of this Agreement.
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, in which case it shall terminate without giving rise to further liability.
You may not assign, transfer or sub-contract any of your rights hereunder without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
This Agreement constitutes the entire agreement as to its subject matter and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral with the exception of the Terms of Use and/or the Trade Business User Agreement where these have been entered into. To the extent that there is any conflict between them, those agreements shall apply in the following order of precedence:

  • This Customer Agreement

  • The Trade Business User Agreement; then

  • The Terms of Use.

You acknowledge that you have placed no reliance on any representation made but not set out expressly in this Agreement.
Any notice to be given under this Agreement may be given via e-mail, regular mail, or by hand to the address provided on the Website or otherwise as notified by one party to the other.
Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.
Notwithstanding any other provision in this Agreement a person who is not a party hereto has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce the terms of this Agreement.
This Agreement shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.
In the event of any comments or questions regarding this Agreement (including the Privacy Policy) then please Contact Us.

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