1 INTRODUCTION
These terms and conditions (“The Terms”) govern your use of wantedpronto (the “Service”) operated under exclusive licence in the UK by The Slice Ltd, Buckland House, Grovehill Road, Redhill, Surrey RH1 6TW.
Use of the Website constitutes your acceptance without modification to the terms, conditions and disclaimers contained in this Agreement. If you do not accept these terms and conditions you should immediately cease using the service.
2 DEFINITIONS
“Consumer” “You” The person, firm or company who places a Wanted Notice on wantedpronto
“Website” www.wantedpronto.com or www.wantedpronto.co.uk or www.wantedpronto.net
“Wanted Notice” A description created by the Consumer by using the service and used to notify potential suppliers of a need for a particular service or product
“Registration” The process by which a Consumer becomes eligible to place a Wanted Notice on the Website
“Supplier” The person, firm or company who agrees to contact the Consumer
“Contact Details” The contact details of the Consumer who placed the Wanted Notice
“Supplier Number” The number of Suppliers the Consumer wishes to hear from
“Open Period” The period during which a Wanted Notice is published and available to suppliers
“Consumer Feedback” The information requested of Consumers that describes how satisfied they were with the service or approach they received from the Supplier
“Supplier Feedback” The information requested of Suppliers that describes how satisfied they were with the genuine nature/ quality of the Wanted Notice
“Supplier Record” The information that is visible to Consumers to assist in contacting and selecting suppliers
“Consumer Information” Comprises Consumer Feedback, Contact Details, Wanted Notice and information that is gathered about the Consumer’s use of the Website
3 REGISTRATION
3.1 In order to place a Wanted Notice on wantedpronto you must complete the Consumer Registration on our Website.
3.2 If, after Registration a Consumer is determined, at our sole discretion, to be unsuitable, we may terminate this Agreement immediately.
3.3 You shall be responsible for maintaining the confidentiality of your login details and you are responsible for all usage and activity on your account, including use of the account by a third party authorised by you to use your account.
4 MODIFICATION
Wantedpronto reserves the right to update or amend these Terms and Conditions at any time and if you continue to use the service following any changes you shall be deemed to have accepted such change. It is therefore your responsibility to check the Terms and Conditions on the Website regularly for any changes.
5 THE PROCESS
5.1 Wantedpronto will publish each new Wanted Notice on the supplier section of the website.
5.2 Wantedpronto will email the Wanted Notice to Suppliers who offer the product or service you require AND have an appropriate geographical match. These email alerts will be in order of supplier feedback score. The better the supplier’s feedback score the earlier they will receive the notification.
5.3 Every Wanted Notice will be published for the Open Period or until wantedpronto has reached the Supplier Number, whichever is the shorter period of time.
5.4 Until the Open Period has been completed or the Supplier Number has been achieved at least one more supplier may receive your Contact Details.
5.5 On successfully obtaining your Contact Details a Supplier may contact you in response to your Wanted Notice. Simultaneously, we will also give you access to the Supplier Record of the supplier so that you may contact them directly. The Supplier Record also contains feedback from other wantedpronto users – when available.
6 FEEDBACK
6.1 Wantedpronto will ask Consumers for Consumer Feedback. This Consumer Feedback will be used in the calculation of a Supplier Feedback Score. The Supplier Feedback Score and other Consumer Feedback comments will be displayed within the Supplier Record.
6.2 Wantedpronto reserves the right to review Consumer Feedback and can at its sole discretion prevent the Consumer Feedback from being displayed on the Supplier Record or anywhere else within the Website.
6.3 A short time after a Supplier has received your Contact Details, wantedpronto will request feedback from the Supplier about the quality and seriousness of your enquiry. This is very important as future Suppliers will use this feedback to decide if they wish to contact you. It’s therefore recommended that you don’t use wantedpronto for service or product enquiries of a frivolous nature.
6.4 Wantedpronto reserves the right to review Supplier Feedback and can at its sole discretion prevent the Supplier Feedback from being displayed within the Website.
7 MULTIPLE REGISTRATION
A Consumer may have other types of Registration for wantedpronto and may act as an Affiliate or a Supplier in addition to their Registration as a Consumer.
8 DATA PROTECTION
Wantedpronto does undertake, in relation to information relating to an identified or identifiable individual, partnership, corporation or other entity ("Personal Data") received pursuant to the operation of this Agreement, to comply at all times (both during the subsistence and after termination of this Agreement) with any obligations imposed under the terms of the United Kingdom Data Protection legislation and any other legislation or self-regulatory guidelines from time to time relating to the holding, use and/or disclosure of Personal Data applicable in the United Kingdom or other relevant jurisdiction. By using wantedpronto you are agreeing to our Privacy Policy.
9 COPYRIGHT
The content of w antedpronto (including without limitation the website design, text, graphics and all software and source codes and business process) are protected by copyright, trade marks, patents and other intellectual property rights and laws. You do not obtain any rights under this Agreement to any intellectual property.
10 AVAILABILITY OF OUR WEBSITE
We will endeavour to make wantedpronto available but cannot guarantee that our Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device. Should we find that you have done or attempted to do any of the above actions, we will terminate this Agreement immediately. In these circumstances we reserve the right to seek remedies from you.
11 WARRANTIES AND INDEMNITY
11.1 You hereby warrant to us that you will not include any of the following on your Registration, Wanted Notice(s) or when you provide Consumer feedback:
11.1.1 any illegal material;
11.1.2 any obscene or sexually explicit material;
11.1.3 any violent, discriminatory, threatening or abusive material;
11.1.4 any material which is blasphemous or defamatory in any way or which in any way detracts from the Wantedpronto Service;
11.1.5 any material that infringes the Intellectual Property of any third party.
11.2 You agree to indemnify and hold wantedpronto and its employees and agents harmless from all losses, claims damages and expenses without limitation arising out of the use of the wantedpronto service.
11.3 Wantedpronto makes no warranty to find you an appropriate supplier for the product or service you seek.
11.4 Wantedpronto can not be held responsible for the actions of other users of the wantedpronto service
12 TERM AND TERMINATION
12.1 The term of this Agreement will begin upon your registration as a Consumer and will end when terminated by either party in accordance with this Agreement.
12.2 Either party may terminate this Agreement at anytime by notifing the other.
13 DISCLAIMERS AND LIMITATION OF LIABILITY
13.1 The Company does not represent that the information contained in the Website or in any communication from the Company, including but not limited to telephone conversations, E-mails and letters, is accurate, verified, current, comprehensive or complete. They could contain inaccuracies, typographical, human and/or machine errors or omissions. The Company will not be liable in any circumstances for any direct, indirect, consequential or special damages arising from use of the Website or Services of the Company. For these reasons users of the Website should neither rely, nor act upon any of the information contained within The Website, and if anyone does so, it will be entirely at their own risk.
13.2 E-mails that are automatically generated from information provided by Customers and Trade Professionals are NOT under the editorial control of the Company. These may be automatically sent un-checked and un-edited by the Company and therefore they do not necessarily reflect the opinions and/or beliefs of The Company.
13.3 The Company is not responsible and cannot be held liable for any inaccuracies, the validity, reliability, any falsehoods, misrepresentations, defamatory language or words, libellous statements, fraudulent activities or any other damaging words, sentences or statements contained in the components of E-mails that are not under the editorial control of the Company.
13.4 Nothing in these Terms and Conditions shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of the party or that of its employees or agents.
13.5 You acknowledge that it is your responsibility to select a Supplier and to negotiate the terms of any Work/Service to be performed by the supplier you have selected and that wantedpronto makes no warranty regarding any goods or services purchased or obtained through an introduction made via its Website or the Services or any transactions entered into through the use of its Website.
13.6 The Company relies on data provided by Suppliers and Third Parties to determine which Suppliers are included in the database accessible via the Website and does not recommend or endorse any specific Supplier
13.7 In no event shall wantedpronto be liable to you for any loss, including but without limitation loss of business loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or we had been made aware of the possibility of such a loss occurring.
13.8 Whilst wantedpronto shall use its reasonable endeavours to do so, it does not guarantee to be able to find a suitable supplier, whether by reason of geographical restrictions or otherwise.
13.9 To the fullest extent permitted by law, we make no express or implied warranties or representations including, without limitation, warranties of fitness for purpose, merchantability, non-infringement or any implied warranties arising out of performance, dealing, or trade usage, and the same are hereby excluded.
14 CONSUMER INFORMATION
14.1 You agree to provide true, accurate, current and complete information when providing details to the Company. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
14.2 Consumer Information and your activities on the Website must not, be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Your Information must not infringe any Third Party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography.
14.3 Consumer Information must not create liability for the Company or cause the Company to lose (in whole or in part) the services of its suppliers.
14.4 To enable the Company to use Consumer Information, you grant to the Company a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known to the fullest extent permitted by law.
14.5 Consumer Information may not contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any System, data or personal information. Your Information may not cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
14.6 You hereby acknowledge that the Company, at its absolute discretion, shall be entitled to edit, modify or remove any part or parts of Consumer Information which it considers is in breach of any of the provisions of these Terms and Conditions.
15 PUBLICITY
You may not make any public announcement with respect to this Agreement or your participation as a Consumer without our prior written consent, which may be withheld at our sole discretion.
16 RELATIONSHIP OF PARTIES
Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
17 ASSIGNATION
We may assign or subcontract any or all of our rights and obligations under these Terms and Conditions. You may assign this Agreement and your rights and obligations under it with the prior written consent of wantedpronto.
18 SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
19 ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
20 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusiv e jurisdiction of the English courts.