Terms & Conditions

Consumer Advisory Terms and Conditions for Consumers

A warm welcome to Consumer Advisory. Our process is to introduce our customers to accredited home improvement companies in their area. By using our bespoke platform, customers can enquire for assistance in their projects and be put in touch with our accredited home improvement companies in their area. Customers can also contact the accredited home improvement companies from the notification emails we have sent which details contact information.

1.1 Who we are

1.1.1 Our bespoke platform is provided to you by us, Consumer Advisory LTD, trading as “Consumer Advisory”. Our registered office is 71-75 Shelton Street, Covent Garden, London. WC2H 9JQ. Our registered number is 15106880.

1.1.2 For the purposes of these terms, “Consumer Advisory”, “we”, “us” or “our” means Consumer Advisory LTD, trading as “Consumer Advisory”. The words “you”, “your” or “user” means you, as a user of the platform, whether you are a customer or an accredited home improvement company. The words “accredited home improvement company”, “accredited home improvement supplier” means any home improvement accredited company, any home improvement supplier, any home improvement trade person who uses our bespoke platform. Any terms applicable to a “customer”, “accredited home improvement company” or “any approved home improvement supplier” or “any home improvement trades person” or “Accredited Organisation” specifically are identified as such.

1.1.3 Consumer Advisory operates the bespoke platform to be able to: (a) introduce customers and accredited home improvement company’s, any accredited home improvement supplier and any accredited home improvement trades person– acting as an intermediary in matching customers to home improvement enquiries from consumers for home improvement projects and other services offered. Consumer Advisory has a responsibility in offering the bespoke platform is strictly limited to its role as operator of the platform, and it is not responsible for the quality, standard, delivery or any other elements of workmanship offered by any accredited home improvement company, accredited home improvement supplier or any accredited trades person. Consumer Advisory is not responsible for any engagement entered into between a customer and a home improvement company, a home improvement supplier and a home improvement tradesperson pursuant to the use of the platform.

1.1.4 The bespoke platform includes a process through which an accredited home improvement company, supplier or tradesperson makes a payment for the services enquiry they receive from our consumers. The Consumer is not charged for using our bespoke platform.

1.1.5 Any personal information that you provide to us, or which we collect about you, will be dealt with in line with our Privacy Notices.

1.1.6 Where you are an accredited home improvement company, an accredited home improvement supplier or an accredited home improvement trade person, the terms on which you may use the payment services are set out in the relevant accredited home improvement company, home improvement supplier or accredited home improvement trades person rate card.

1.1.7 These terms of use (“Terms”) operate to form the basis on which the bespoke platform can be used and is operated. They do not govern the relationship between a customer and an accredited home improvement company, a home improvement supplier or an accredited home improvement trades person for their services rendered. Any arrangement made between an accredited home improvement company, an accredited home improvement supplier or an accredited home improvement trades person and a customer is a separate contract to which Consumer Advisory is not a party and has no liability and no responsibility.

1.1.8 These Terms set out the rights and obligations of Consumer Advisory, its customers, and accredited home improvement companies, an accredited home improvement supplier or an accredited home improvement trades person in relation to the use of the bespoke platform. You should read them carefully and let us know if you have any concerns or questions before proceeding to use the platform. You can contact us directly by emailing:

 [email protected] with any questions and concerns you may have. Your attention is drawn to Clauses 5.2 and 7 which we set out the basis on which we provide any payment services and important terms which limit or exclude Our liability and responsibility to you in respect of the services.

1.2 How to use our Platform

1.2.1 The platform comprises not only the website we operate at www.consumer-advisory.co.uk and all other domains that we may own or control from time to time, but also our apps (trade and consumer) as well as any web or mobile platform we host and the related pages, sub-domains and tools, content, blogs and other information or subject matter contained therein.

1.2.2 The platform should be used in accordance with all terms, conditions, policies and other relevant information and guidance from time to time in force.

1.3 Compliance with Terms

1.3.1 Before using the platform, you must read these Terms carefully so that you understand what you can expect from us and what we expect from you.

1.3.2 These Terms will also refer to our Cookie Policy, which are applicable to your use of the bespoke platform and are incorporated by reference within these Terms.

1.3.3 If at any time you do not agree or cannot comply with these Terms, you should immediately cease using the platform.

2 NATURE OF USE

2.2 Provision of Platform

2.2.1 The platform is intended for use only by those who can access it from within the United Kingdom. While access may be possible from outside the United Kingdom, the platform is not intended for such use. You may use the platform only for lawful purposes; therefore, you may not use the platform in any way that breaches any applicable local, national, or international law or regulation.

2.2.2 You acknowledge that your agreement with your mobile network and/or internet service provider will apply in respect of your use of data in connection with your use of the platform and that you may be charged by your mobile network and/or internet service provider in respect of such use. You are responsible for such charges. If you are not the bill payer for the device being used to access the platform, you must obtain permission from the bill payer before using the platform.

2.3 Age Certification The platform is not intended to be used by, or targeted to, anyone under the age of 18 years old. By using the platform, you warrant and accept that you are at least 18 years of age.

2.4 Identity and checks

2.4.1 If you are a customer, we may from time-to-time request identity verification. As a customer our bespoke platform is for personal use only.

2.4.2 If you are a home improvement company, supplier or trades person, you will need to create an account (including your profile) to access and use the platform and for accreditation, you will need to apply, be accepted and pass our vetting process. If you’re sharing an account with other people, for example employees of your business, then the person whose financial information is on the account will ultimately be responsible for all activity.

2.4.3 We reserve the right, where necessary and without limitation, to undertake all such necessary action including requiring further verification as to the identity, age, and other relevant details of a user as is reasonable to protect ourselves, the platform and other users against fraudulent or illegal behaviour or where we have reasonable grounds to believe that we may be in actual or possible breach of laws or regulations that apply to us from time to time.

2.4.4 You must provide us with any information we reasonably ask for as soon as possible, and if it is personal information we will use it in line with our strict verification process which is available via [email protected] If you refuse, or we suspect fraudulent or criminal activity of any kind is occurring on or in relation to your account, we reserve the right to suspend or cancel your account, in line with Clause 8.1.

2.5 Security

2.5.1 You are also responsible for ensuring the security of any device from which you sign in to your account.

2.5.2 If you believe that someone has accessed the platform without your authorisation, or is attempting to impersonate you (or, if you are a home improvement company, home improvement supplier or tradesperson, your business), you should notify us immediately by emailing [email protected] and make any necessary changes to secure your account credentials.

2.5.3 If we have reason to believe there is likely to be a breach of security or misuse of the bespoke platform through your account, we may notify you and require you to take certain actions to resecure your account, or we may suspend and/or deactivate your account.

2.6 Reporting concerns

If you believe that any content posted by other users within the platform is in breach of our policies or any applicable laws, or that your intellectual property rights (including brand misuse) are being infringed by any content contained within the platform, please report your concerns to [email protected]

3 ACCEPTANCE AND USE

3.1 Use and Matching

3.1.1 Within the bespoke platform customers will be able to find suitable accredited home improvement companies, accredited home improvement suppliers and or accredited tradespeople within their area. Customers will be required to insert details of the work they require, add any photos to give an understanding of the services required and timelines for that work to commence.

3.1.2 The bespoke platform will, in certain use cases but excluding the search and quote function, then match customers with up to 3 accredited home improvement companies, accredited home improvement suppliers and or accredited trades people covering their local area who can assist.

3.1.3 Customers will be able to submit emails directly to accredited home improvement companies, accredited home improvement suppliers and or accredited home improvement trades people once our bespoke platform has furnished the customer with their details.

3.1.4 All customer enquiries are subject to acceptance by the accredited home improvement companies, accredited home improvement suppliers and or the accredited trades people. The Accredited home improvement company, Accredited home improvement supplier and or the Accredited tradesperson is not obligated to accept any customer enquiry and may, at their discretion, decline for any reason.

3.1.5 If an Accredited home improvement company, Accredited home improvement supplier and or an Accredited trades person can assist, they will then be able to contact the customer once the bespoke platform has furnished them with all the customers details.

3.1.6 Any engagement (including appointment arrangement, quotes, and receipt of invoices for materials or services) between a customer and an Accredited home improvement company, Accredited home improvement supplier and or the Accredited trades person is solely between the customer and the Accredited home improvement company, Accredited home improvement supplier and of the Accredited trades person, therefore we always recommend that the customer has a clear agreement in writing clearly setting out the scope of works and the agreed costs.

3.1.7 You may only communicate within the platform for lawful purposes, in line with our policies and procedures.

3.1.8 Any quote or pricing given to a customer offered by the Accredited home improvement company, Accredited home improvement supplier and or the Accredited tradesperson(s) is not offered, underwritten, or approved by us. Any agreement reached between a customer and an Accredited organisation based on this or any other pricing structure is a contract between that customer and that Accredited organisation and accordingly we are not a party to it nor are we under any obligation to become involved in any dispute.

3.1.9 Customers are solely responsible for evaluating the suitability of tradespeople for the services they offer to provide and choosing a tradesperson.

3.1.10 In the event that a dispute arises between a customer and a tradesperson, you (whether you are the customer or tradesperson) agree to irrevocably release Consumer Advisory, its employees, officers, successors and agents from any and all related to losses, damages, claims or demands of any nature arising directly, indirectly, or in any way out of matters related to such a dispute, other than in relation to a breach of these Terms by us.

3.1.11 Consumer Advisory is not liable for, party to, or in any way involved in any agreement reached between the customer and the accredited home improvement company, supplier or trades person that may come as a result of the use of this platform and customers should verify to their own satisfaction details considered relevant to the engagement of the accredited home improvement company, supplier or tradesperson for services and only proceed where comfortable to do so. We bear no loss nor liability for any damages incurred because of such agreement.

3.2 Engagement

3.2.1 Within certain parts of the bespoke platform, you may choose to or be invited to submit, upload, or share, text, photographs, images, videos, reviews, information, and materials (collectively, “Your Content”).

3.2.2 You are responsible for all Your Content which must be accurate, true, up to date, genuine and not misleading, relevant and appropriate and comply with our terms (including these Terms) and all applicable laws in the UK and in any country from which the content is posted or viewed.

3.2.3 We try to mitigate and effectively manage the risk of harm caused by different categories of illegal/harmful content. Due to this, we reserve the right to monitor and review Your Content and the content of other users in line with our guidelines and procedures, which may be done using automated systems or artificial intelligence.

3.2.4 We reserve the right to suspend or terminate your account or remove or edit any of Your Content if you are in breach of applicable laws, these Terms or any of our other applicable terms and conditions, guidelines, or policies.

3.2.5 You acknowledge and accept by your continued use of the platform that, unless we state otherwise, any content within the platform has not been verified or approved by us.

3.2.6 We reserve the right, acting reasonably, to disclose your identity to any third party who is claiming that Your Content infringes their intellectual property rights or their right to privacy. We shall not be responsible, or liable to any third party, for the content or accuracy of Your Content posted by you or any other user of the platform.

3.2.7 We make no guarantee that Your Content will be kept on the platform for any length of time, and we reserve the right to remove Your Content as we see fit, including if it does not comply with these Terms or the removal is otherwise desirable for our business or operational reasons.

3.2.8 We reserve the right to edit Your Content to amend spelling, grammar, punctuation and length, for the purposes of clarity and to ensure that the content can comply with the Terms.

3.2.9 For the avoidance of any doubt, any content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the content, and we shall not be liable for any claims or losses arising from such content.

3.2.10 If you wish to request us to stop using any of Your Content at any time, you can contact us at:

 [email protected]

3.3 Data Privacy and Cookies

3.3.1 Your privacy and personal information are important to us. Any personal information that we receive under and/or in connection with these Terms and/or the bespoke platform, will be dealt with in line with our privacy policy (for customers only), accredited home improvement company, supplier and tradesperson policy. (for tradespeople only), which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

3.3.2 You acknowledge that our Cookie Policy applies to our use of your cookies (and other similar technologies) in relation to the bespoke platform.

3.4 Up time / Down time

3.4.1 We do not guarantee that the bespoke platform or any content/functionality contained within the bespoke platform will always be available or be uninterrupted.

3.4.2 We may need to update our servers and/or the bespoke platform from time to time to fix defects and errors, install updates, undertake general diagnosis and maintenance, undertake emergency maintenance and/or suspend access to the servers and as a result the bespoke platform may be less accessible or unavailable to you during this period.

3.4.3 We might also change or remove certain functions but if we do that, we will ensure that the bespoke platform still meets the description of it that was provided to you at the time you downloaded the bespoke platform.

3.4.4 The bespoke platform relies on several things working properly to enable you to enjoy all of its features. We are not responsible to you if you are unable to use all or any parts of the bespoke platform due to matters outside of our control.

3.4.5 Your use of the bespoke platform is at your own risk. The bespoke platform is provided to you on an “As Is” and “As Available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

3.4.6 Once we have made any updates to the bespoke platform, these will either download automatically or you may need to trigger them yourself, depending on your device, its settings, and the platform store.

3.4.7 We strongly suggest that you download all updates on the device you are using to access the bespoke platform as soon as they become available. Depending on the nature of the update, the previous version of the platform may not work properly (or at all), or you may be exposed to security vulnerabilities.

4 SERVICES

4.1 Connecting Customers and Accredited Organisations

4.1.1 We provide the platform to facilitate communication between customers and Accredited Organisations.

4.1.2 As a customer, if you choose to use a service from Accredited Organisations on the bespoke platform, your contract for those services is with those Accredited organisations. We are not a party to any contract between customers and Accredited organisations, nor will we be liable for any direct, indirect or consequential loss or damage arising out of, or in connection with, that contract or a customer’s choice to contact or use any Accredited organisation sourced via the bespoke platform.

4.1.3 Consumer Advisory uses a search ranking algorithm to match search requests of customers to Accredited organisations. Consumer Advisory endeavours to ensure its search ranking results are evenly distributed between Accredited organisations on the bespoke platform using a mix of the following (non-exhaustive) criteria relevant to Accredited organisations: (i) quality and content of an Accredited organisations profile, (ii) reviews, (iii) localised supply and demand, (iv) compatibility with customer search criteria in terms of location and trade category and (v) market and environmental factors.

4.1.4 When receiving a quote from an Accredited organisation on the bespoke platform, customers are free to accept or decline it.

4.1.5 To the extent legally permitted, Consumer Advisory is not liable for any theft or loss of property in connection with services provided by Accredited organisations, any loss, damage expenses or liabilities suffered by any party in connection with the use of the bespoke platform, any loss which is a result of error, circumstances outside of our control or any other loss, cost, damage or liability incurred in connection whether directly or indirectly from the use of Accredited organisations sourced via the bespoke platform.

4.1.6 You acknowledge that Consumer Advisory does not make any warranty, representation, indemnification or guarantee over the quality, timing, integrity, responsibility, legality or any other aspect whatsoever of the materials or services offered or delivered by the Accredited organisation.

4.2 Accredited Organisation Reporting

4.2.1 Consumer Advisory from time to time will request from the customer and Accredited organisation an emailed survey to assist Consumer Advisory with marketing trends and quality of service. We reserve the right to update, alter and add or remove content and capability of our bespoke platform from time to time at our discretion.

4.2.2 Consumer Advisory will from time-to-time request reviews from customers and Accredited organisations to promote our transparent bespoke platform.

4.3 Profile

4.3.1 Whilst every effort is made to verify statements and information submitted by the public and users, the information compiled by Consumer Advisory on home improvement companies, suppliers and tradespeople and its Accredited home improvement companies, suppliers and trades people is based on information supplied by various individuals and businesses, it does not represent the views of Consumer Advisory and Consumer Advisory cannot be held responsible for any omissions or inaccurate claims that may appear.

4.3.2 Consumer Advisory collates recommendations from the public and users in relation to home improvement companies, suppliers and tradespeople and its Accredited home improvement companies, suppliers and tradespeople and the services they provide (“Recommendations”), takes steps to verify the credentials and company status of its Accredited home improvement companies, suppliers and trades people (“Verification”) and collects and collates feedback from customers of Accredited home improvement companies, suppliers and trades people by means of feedback (“Monitoring”).

4.3.3 The results of the Recommendations/ Reviews are published on the bespoke platform.

• Promote quality service, workmanship and best practice among its Accredited home improvement companies, suppliers and trade people; and
• Promote its Accredited home improvement companies, suppliers and trades people to the public, isolating rogue traders.

4.4 Verification

4.4.1 During the Verification process, Consumer Advisory requests copies of public liability insurance documentation from Accredited home improvement companies, suppliers and trade people and carries out Monitoring on that insurance documentation at the point we are told it is due to expire. Consumer Advisory cannot however guarantee whether Accredited home improvement companies, suppliers and tradespeople retain public liability insurance between Verification and Monitoring.

4.4.2 Where we are made aware that an Accredited home improvement company, supplier and tradesperson has expired public liability insurance, we contact the relevant party and request they update their account within date documentation. We cannot however guarantee that such a notice has been provided in every case of expired public liability insurance. Consumer Advisory therefore recommends that customers ask to see a copy of an accredited home improvement companies, suppliers and tradespeople insurance certificate prior to the work commencing.

4.5 Trade Specific

4.5.1 The provisions of your Accredited Contract apply to your continued ability to use the platform in addition to these Terms.

4.5.2 You permit us to collect information about you and in connection with your use of the platform and disclose it to tax or other governmental or regulatory authorities if asked to do so or as required by law or for compliance with our legal or regulatory obligations.

4.5.3 In providing the platform, Consumer Advisory acts merely as an intermediary and shall be considered a disclosed agent for the purposes of taxation matters.

4.6 Reviews by customers

4.6.1 As a customer, you may provide reviews within the platform in respect of service Consumer Advisory provided. All reviews related to accredited home improvement companies, suppliers and tradespeople should be registered on their platform.  In doing so, you will ensure that your review about Consumer Advisory is not misleading, offensive, violates any law, infringes on the rights of others and is in line with our polices.

4.6.2 The review must be regarding your own personal experience with Consumer Advisory, which you have not been paid for or otherwise incentivised for providing. You must not provide reviews that are of a marketing nature and/or use our platform for marketing purposes in relation to yourself, or any products, services and/or other businesses.

4.6.3 Your review must not contain any personal information relating to any other third party.

4.6.4 You must not submit, write, or be involved in the procurement of fake reviews, that don’t genuinely reflect your experience with your tradesperson or that are for the purpose of manipulating consumer perception or negatively targeting a particular business or service. Any such behaviour will result in an immediate suspension of your account.

4.6.5 We will perform several checks on the reviews given within the bespoke platform, to ensure they are authentic, and we reserve the right to screen, edit or remove any reviews from the bespoke platform at any time.

4.6.6 If we remove your review, we will have no liability to you for any deletion, disclosure, loss, or modification of the review.

4.6.7 You acknowledge that we may share the review and certain limited details with selected third parties in accordance with applicable law and/or as contained within our Privacy Notice.

4.7 Competitions and Offers

If offers or competitions are made available through the bespoke platform, then they will be governed by their respective advertised terms and conditions unless otherwise expressly stated.

4.8 Guarantee

Consumer Advisory does not issue and form of guarantee on behalf of their Accredited Organisations and urge customers to be fully aware what the Accredited Organisations offers in forms of guarantees and warranties.

5 QUOTING AND INVOICING

5.1 Quotes

5.1.1 It will be the responsibility for all Accredited organisations to create quotes and complete contracts directly with the customer. Consumer Advisory is not responsible for this part of the process and accepts no responsibility for any errors or verbal agreements between the Accredited organisation and customer should a quote not be received as expected customers should contact the relevant Accredited organisation directly.

5.1.2 The quote and contract is prepared at the discretion of the Accredited organisation and will usually contain certain customer details and a breakdown of the scope of work and related pricing. The customer is solely responsible for accepting, declining, requesting an edit or asking any further questions to the relevant Accredited organisation.

5.1.3 A quote can be amended at any time by an Accredited organisation and sent as revised, to the customer.

5.1.4 Consumer Advisory recommends customers, and Accredited organisations keep all communications safely in one place and allow for completeness and easy access.

5.1.5 When accepting a quote, Consumer Advisory recommends that the customer and Accredited organisation formalise an agreement in writing known as the contract clearly setting out the scope of works, timelines, deliverables and any agreed costs.

5.1.6 The contents of the quote and any subsequent interactions relating to the quote or pricing displayed within the quote are between the customer and the tradesperson and are not offered, underwritten, or approved by Consumer Advisory.

5.2 Approved Tradespeople Invoicing, Amounts Payable and Payment Service Provider

5.2.1 Once a quote has been created, an Accredited organisation will be responsible for out lining their own terms of business and the customer will accept on signature of said contract. This agreement is between the customer and the Accredited organisation and is not offered, underwritten, or approved by Consumer Advisory.

5.2.2 All payments due to the Accredited organisation are the responsibility of the customer not Consumer Advisory.

5.2.3 Where you and your Accredited home improvement company, supplier and or tradesperson have a full contract agreement in place, the Accredited home improvement company, supplier and or tradesperson shall be responsible for ensuring that any request for payment shall set out under schedule of payments within the agreement contract. Consumer Advisory is not responsible for any monies owed to the Accredited organisation.

5.2.4 You the customer are responsible to pay the following:

• In relation to the product and services, the fee agreed with the Accredited home improvement company, supplier and or tradesperson, including any applicable taxes.
• You the Accredited home improvement company, supplier and or trades people are responsible to pay the following:
• Where your Accredited home improvement company, supplier and or trades persons tradesperson elect to use the Consumer Advisory Payment Service, the fees for the use of that service shall be set out in the relevant payment request as applied by Consumer Advisory– further details in relation to which are set out in our accredited home improvement company, supplier and or trades person price list; and
• Matters relating to the administration and collection of payments (including due dates, recovery and dispute) are set by Consumer Advisory and will be communicated directly with the accredited home improvement company, supplier and or trades person directly without further recourse to or involvement of customer.

5.2.5 If you, the accredited home improvement company, supplier and or trades people have any dispute relating to a payment made through our Accredited home improvement company, supplier and or trades people Consumer Advisory Payment Processing Services, please contact us directly on: [email protected]

5.2.6 We may withdraw the Consumer Advisory Payments Processing Service at any time in our discretion.

5.3 Tax

5.3.1 The Accredited home improvement company, supplier and or tradesperson will be responsible for calculating how much VAT will be payable on any services included in the invoice and where VAT is payable, the Accredited home improvement company, supplier and or tradesperson will be required (in certain instances) to include their VAT registration number.

5.3.2 For the purposes of any value-added taxation arrangements for the supply of services, which shall solely be as between the Accredited home improvement company, supplier and or tradesperson and the customer, Consumer Advisory shall be regarded merely as a disclosed agent for VAT purposes.

5.3.3 The customer is solely liable for the payment of any VAT stated on the accepted accredited home improvement companies, supplier’s and or trades person’s invoice.

5.3.4 No quotes and invoices will be retained within the bespoke Consumer Advisory platform which relate to the customer.

6 PLATFORM CONTENT

6.1 Intellectual Property

6.1.1 Any and all rights contained within the bespoke platform and its content, including but not limited to, the bespoke platform’s design, text, graphics, images, logos, digital downloads, audio, video, data, software, and source codes connected with the platform shall remain our exclusive property.

6.1.2 In accessing the platform, you are granted a personal, revocable, non-exclusive, non-transferable licence to use the platform solely for your personal and (if you are a customer) non-commercial use, in line with these Terms.

6.1.3 All trademarks, service marks, logos and all graphical elements of the bespoke platform, whether registered or unregistered, are distinctive and protected trademarks of us and/or our licensors. The platform may also contain various third-party trademarks, that are the property of their respective owner. Nothing within these Terms grants you a licence or right to use any of these trademarks without our or the respective third-party permission.

6.1.4 You retain all your ownership rights, including intellectual property rights, in Your Content. By uploading Your Content to the bespoke platform, you represent and warrant that you are the owner or licensor of Your Content, that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by uploading it. You grant us (and our authorised third parties) a worldwide, perpetual, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the platform across different media outlets (including to operate, improve and promote the bespoke platform and/or our services), without any payment to you.

6.1.5 To the fullest extent permitted under applicable law, you waive your moral rights in Your Content and promise not to assert such rights or any other intellectual property rights you have in Your Content against us, our sublicensees or our assignees.

6.1.6 In the event that you use any of the intellectual property owned by Consumer Advisory other than as expressly permitted by us, we may suspend or terminate your account. We reserve all rights to take any legal action we consider appropriate against you.

6.2 Copyright

6.2.1 We own all rights in and to the bespoke platform, and your use of the bespoke platform is subject to the following restrictions. You must not:

• Copy the bespoke platform except where such copying is incidental to normal use of the bespoke platform, or where it is necessary for the purpose of back-up or operational security.
• Sub-licence or otherwise make available the bespoke platform in whole or in part (including object and source code), in any form to any person without our prior written consent.
• Reproduce, modify, edit, or exploit the platform in any way for any commercial purpose, without our prior written consent; or
• Disassemble, decompile, reverse-engineer or create derivative works based overall or any part of the bespoke platform or attempt to do any such thing.

6.3 Third Party Links

6.3.1 The bespoke platform (and emails that we send to you in connection with the bespoke platform) may include links to third party websites, applications and/or other digital properties that are controlled and maintained by third parties.

6.3.2 If you decide to visit any third-party sites, assets or offerings or use a service made available through third party sites, assets, or offerings, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. It is therefore your responsibility to satisfy yourself as to the reputation of the relevant third party and the services they offer.

6.3.3 We are not responsible for the content, accuracy or opinions expressed on third party sites, assets, or offerings.

6.3.4 Links that we make available do not imply that we are, or the platform is, affiliated to or associated with such websites or services and we will not be a party to any transaction between you and a third party.

6.3.5 Your interaction with any third-party sites, assets or offerings is subject to the relevant third party’s own terms and policies. Third parties will process your personal information in accordance with their own privacy notices. Please read all applicable terms and policies of the relevant third party before using third party properties and/or using a service made available through third party sites, assets, or offerings.

7. ARTIFICIAL INTELLIGENCE

7.1 We may utilise artificial intelligence (“AI“) technologies to enhance our services and improve your experience on our platform. This includes, but is not limited to, using AI to analyse data, provide personalised recommendations, facilitate communication, and improve the functionality and efficiency of our platform. Some AI technologies may be provided by third-party service providers.

7.2 While we strive to ensure that our AI technologies operate effectively and accurately, we do not guarantee the performance, accuracy, or reliability of AI-generated outputs. The information and results provided by our AI technologies are for general informational purposes only and should not be construed as professional advice. You are advised to exercise your own judgement and discretion when relying on AI-generated outputs and seek professional advice where necessary. We do not endorse any decisions made based on AI-generated information and disclaim all liability arising from the use of such inform.

7.3 As far as the law allows, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of AI technologies.

7.4 This limitation of liability applies regardless of the legal basis for the claim.7

7.5 By using our platform and AI technologies, you agree not to hold us responsible from any claims, losses, or damages arising from your use of AI-generated information.

7.6 Use of AI technologies is conducted in accordance with our Consumer Advisory Privacy Notice (for customers only), Consumer Advisory Trade Privacy Policy (for accredited home improvement companies, accredited suppliers and or accredited tradespeople only), applicable data protection laws and any additional terms and conditions you agree to when using our platform and/ or services.

7.7 We reserve the right to modify our AI technologies and related practices to comply with applicable laws, regulations, and industry standards.

7.8 If you encounter content or outputs that you believe are inaccurate or harmful, please report them to us through, [email protected] , and we will take reasonable steps to address your concern.

8. LIABILITY

8.1 Compensation

You agree to defend, compensate and hold us and our employees and agents harmless from and against, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs or expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us arising out of or in connection with any breach by you of these Terms, your improper use of the platform or your breach of any applicable law or the rights of a third party. We reserve the right to handle our legal defence however we see fit, even if you are compensating us, in which case you agree to cooperate with us so we can execute our legal strategy.

8.2 Breach

8.2.1 If you are in breach of, or we suspect you are in breach of, these Terms or any other terms applicable to the services that we make available through the bespoke platform, we may take one or more of the following actions:

• issue a warning to you.
• effect a suspension or termination of your access to your account and/or the platform as set out in Clause 8.1.
• take legal action against you; or
• disclose such information to law enforcement authorities as we reasonably feel is necessary.

8.3 Limitation

8.3.1 Whilst we make reasonable efforts to ensure that all information we provide is accurate and to otherwise provide the bespoke platform with reasonable care and skill, we make no commitment that the platform will meet your requirements, that the content will be accurate or reliable, that the functionality of the platform will be uninterrupted or error-free, that defects will be corrected or that the bespoke platform or the server that makes it available are free of viruses or anything else that may be harmful or destructive.

8.3.2 Subject to Clause 8.4.2, we will not be liable to you for any loss or damage whatsoever suffered or incurred by you (even if such loss is foreseeable) in relation to your use or inability to use the platform, any inaccuracies or delays on the platform or any reliance by you on the content contained on the platform unless any such loss or damage is caused by our material breach of these Terms or otherwise by our negligent acts or omissions.

8.3.3 If you are a tradesperson, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits or revenue) arising out of or in connection with the use of the platform.

8.3.4 Regardless of the previous provisions of this Clause 8, but subject always to Clause 8.4.2, our liability to you in respect of any claim or series of related claims is limited to £50.

8.4 Exclusions

8.4.1 If you are a customer, you have certain legal rights when using the platform. These are also known as “statutory rights” as they are derived from laws such as the Consumer Rights Act 2015. Nothing in these Terms affects these rights.

8.4.2 We do not exclude our liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability in respect of which it would be unlawful for us to limit or exclude our liability.

9. ACCOUNT

9.1 Our rights of Termination and Suspension

9.1.1 You understand and agree that we have no obligation to continue to provide the platform and therefore we reserve the right to vary or terminate all or part of the platform (including services available through the platform) and/or not to provide all or part of the platform to anyone for any reason.

9.1.2 We may also terminate or suspend your account or terminate your right to use and access the platform, at our discretion and at any point, if you breach or threaten to breach these Terms.

9.1.3 If you are a tradesperson, your Membership Contract contains further details of our rights of termination and suspension of your membership.

9.1.4 We may terminate accounts that have been inactive or any unverified/unconfirmed accounts where that inactivity/unverified status exists for 1 year or more.

9.1.5 In the event of us terminating or suspending your account we shall have no liability towards you or any third party.

9.1.6 Upon termination any rights that have been granted to you under these Terms shall immediately terminate and any of our rights or remedies that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination shall not be affected or prejudiced.

9.2 Your rights of Cancellation and Deletion

9.2.1 If you are a customer, you can stop using the platform at any time, and you can advise us of your request by emailing: [email protected]  Consumer Advisory will then take steps to block your account and therefore delete. Once your account is deleted, it cannot be recovered.

9.2.2 If you are an Accredited organisation, your ability to continue to use your account will be determined in accordance with Consumer Advisory Accredited Organisation policies.

9.2.3 If you wish to obtain a copy of your account data prior to deletion, please request access to your data in accordance with your rights set out in our Consumer Advisory Privacy Notice (for customers only) or Accredited organisation privacy notice (for accredited organisations only).

10. MISCELLANEOUS

10.1 Notice

10.1.1 We may amend these Terms from time to time, to reflect changes within the platform, including but not limited to, our technology, licensing arrangements, payment policies, best practices, relevant laws and/or regulatory requirements.

10.1.2 We will provide notice to you if we are making any material changes to these Terms (for example, any changes that significantly impact the way that you receive the services via the platform), unless such material changes are urgently required to meet a legal or regulatory requirement or for security reasons.

10.1.3 We may also update the bespoke platform from time to time and may change the content and functionality at any time where we deem it necessary to do so, without providing notice to you (for example: to reflect changes to our services, business needs or the needs of bespoke platform users).

10.2 Method

Our updated Terms will be displayed within the bespoke platform, and we may provide notice to you via email. If you continue to use the bespoke platform, we shall assume that you have accepted any changes that we have made to these Terms. If you do not agree to the changes, you should stop using the bespoke platform and delete your account.

10.3 Force Majeure

Sometimes things happen that are outside of our control such as acts of God, pandemics, strikes, technical failures or supply failures. Due to these things outside of our control, our performance under these Terms may be suspended for the period of time over which the event occurs. During this period, we will not be liable to you for any delay or failure in performance of any of our obligations within these Terms arising out of these circumstances or events. We will, of course, try to find a solution to help us to perform these Terms and take any reasonable preventive steps wherever possible.

10.4 Third Party Rights

No one other than us or you have any right to enforce any of these Terms.

10.5 Waiver

If we fail at any time to insist on strict performance of any of your obligations or if we fail to exercise any right or remedy under these Terms, this does not constitute a waiver of our rights or remedies and does not relieve you from compliance with your obligations under these Terms. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

10.6 Severance and Survival

10.6.1 If any of these Terms should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed, and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

10.6.2 The provisions of Clauses 3.1, Clause 3.2.6, Clause 3.2.9, Clause 3.3, Clause 4.1.1, Clause 4.1.6, Clause 4.5.2, Clause 5.3, Clause 6.1.1, Clause 6.1.3, Clause 6.1.4, Clause 6.1.5, Clause 7, Clause 9.1.6, Clause 10.6.2, Clause 10.9, Clause 10.10 and Clause 10.11 shall survive termination of these Terms.

10.7 No reliance

You confirm that you did not enter into these Terms in reliance of any representation made by us other than those which are expressly set out in these Terms.

10.8 Assignment

We may assign any of our rights and transfer, delegate, or subcontract any of our obligations under the Terms. We will provide notice to you if this occurs, and you can stop using the platform and delete your account if you are unhappy with such transfer.

10.9 Jurisdiction

These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) (a “Claim”) shall be governed by, and construed in accordance with, the laws of England and Wales.

10.10 Disputes

If a dispute arises between you and us, we encourage you to first contact us directly, as set out in Clause 11 of these Terms, to seek a resolution. If you are a tradesperson, your Membership Contract contains details of dispute resolution options such as mediation.

10.11 Courts

If you are a tradesperson, the courts of England and Wales shall have exclusive jurisdiction to settle any Claim. If you are a customer, wherever you live you can bring Claims against us in the courts of England and Wales. If you live in Scotland or Northern Ireland, you can also bring Claims against us in the courts of the country you live in. We can bring a Claim against you in the courts of the country you live in.

11. CONTACT US AND FAQ

If you wish to contact us directly regarding these Terms, a complaint, the bespoke platform or any other matter please   contact us at [email protected]

12. FEEDBACK

We appreciate any feedback, ideas, and suggestions from you about the bespoke platform and/or our services, and you can leave feedback for us via:

[email protected]

If you provide us with feedback, you agree that we can use or refer to that feedback and/or content at our discretion.