Maxable Limited operates lead generation websites. These terms and conditions relate to the use of all websites operated by Maxable Limited.
If you register with our website or submit any material to our website as a Registered Trader, we will ask you to expressly agree to these terms and conditions.
By agreeing to these terms and conditions, you also agree to our user terms and conditions; and accordingly the user terms and conditions shall form part of the contract between us.
We will not file a copy of these terms and conditions specifically in relation to each user and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms and conditions for future reference.
These terms and conditions are provided in the English language only.
(2) Definitions and interpretation
References in these terms and conditions to \”we\”, \”us\” and \”our\” are references to Maxable Limited and references in these terms and conditions to \”you\” and \”your\” are references to the individual user of our website and, where the context permits, any company on behalf of which, or person on behalf of whom, the website is being used.
In addition, in these terms and conditions:
\”Charges\” means charges payable in respect of Leads accepted by Registered Traders under these terms and conditions;
\”Confidential Information\” means any information disclosed by us to a Registered Trader (including without limitation information disclosed via our website) relating to our technology, our pricing or payments made under these terms and conditions;
\”Customers\” means individuals who request a quotation or quotations via the website;
\”Data Protection Laws\” means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable to the Shared Personal Data, the General Data Protection Regulation (Regulation (EU) 2016/679);
\”Lead\” means information concerning a Customer and a Customer\’s quotation request that may be purchased by a Registered Trader in accordance with Section 5;
\”Personal Data\” has the meaning given to it in the Data Protection Laws applicable in the United Kingdom from time to time;
\”Registered Traders\” means companies, partnerships and sole traders who have registered with the website in accordance with Section 3; and
\”Shared Personal Data\” means any Personal Data comprised in a Lead and disclosed by us to a Registered Trader under these terms and conditions;
(3) Registered Traders
Companies, partnerships and sole traders that:
are actively trading within the market sector registering for;
are protected by public liability insurance provided by an established insurance company; and
have in place all the registrations and certifications that are legally required to undertake work within the relevant market sector (e.g. Gas Safe registration for gas work),
may register with our website free-of-charge as Registered Traders. You must not register with our website if you do not meet these criteria.
In order to register, you must complete and submit our registration form on the website. When you register with the website, you will be asked to choose a password. You must ensure that your password is kept confidential and you must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorised use of your account
We may disable your password and account access in our sole discretion at any time without notice or explanation.
We will from time to time investigate whether Registered Traders meet the criteria set out above. Registered traders must promptly upon request provide to us evidence that they meet the criteria (such as copies of insurance certificates).
You must not create more than one Registered Trader account on the website.
Your listing will be individually reviewed before publication on our website. We may correct and otherwise edit your listing before publication. Listings must comply with the \’acceptable use\’ and \’content rules\’ provisions in our user terms and conditions. Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete listings that in our reasonable opinion breach any provision of these terms and conditions or our user terms and conditions. You must ensure that your listings are complete, accurate, truthful and not misleading. You must also keep your listings up-to-date using our website interface.
A Registered Trader may suspend its listing (and suspend the receipt of Leads) using the website interface. A Registered Trader may permanently delete its listing and registration by sending to us an email request to do so.
Registered Traders agree that we may communicate with them by email, telephone and post.
From time to time we may send to Registered Traders basic information about Leads. We may send such information by email and, unless the Registered Trader opts-out, by SMS and other messaging services. Registered traders acknowledge that we do not guarantee that such information will be supplied, and we may at any time suspend the supply of such information to a Registered Trader. Registered traders may accept and purchase Leads based upon such information, but have no obligation to do so.
Subject to applicable credit limits determined by us in our sole discretion, Registered Traders may accept the Lead using our website interface.
Registered Traders agree that we shall have no obligation to make available to them appropriate, effective and accessible technical means allowing them to identify and correct input errors prior to accepting a Lead or placing any other kind of order on our website.
(5) Lead acceptance and payment terms
By accepting a Lead (acceptance triggers may differ by product type), a Registered Trader pays the applicable Charges for the particular lead by using own credit within the lead system.
The Charges payable in respect of a Lead are dynamically calculated and will vary depending upon a number of factors. The applicable Charges will be as stated on our website in respect of a Lead at the time the Lead is accepted. All Charges stated on the website are stated inclusive of VAT (unless stated otherwise). We may vary the factors affecting the calculation of Charges from time to time. However, such variations will not affect Charges for Leads that have already been accepted in accordance with this Section 5.
Details of a purchased Lead will be sent to the Registered Trader by email and shown on screen at time of purchase. For the avoidance of doubt, we will have no obligation under these terms and conditions or otherwise to provide any continuing or ongoing access to the Lead information.
Where a Registered Trader accepts a Lead, the Registered Trader must use all reasonable endeavours to contact the Customer within 24 hours following acceptance.
(6) Lead dispute
All leads sold are none refundable unless the contact information is incorrect. Incorrect meaning hoax or fraudulent information. A typing error or a missing house number and/or street name will not be considered as incorrect information. If the contact information is incorrect, then please click the dispute the lead and we will review it and may provide a refund.
Lead buyers who open disputes with Paypal before first disputing the lead with us will instantly be removed from our system.
All lead disputes must be made within 48 hours of the lead being purchased otherwise you waive your right to dispute the lead.
We may accept or reject a request for credit in our sole discretion. However, we will usually issue such a credit unless we have reason to believe that the request for a refund is itself fraudulent.
Where a Registered Trader\’s account with us is in credit, the Registered Trader may request (via our website contact form) that we pay the credit balance to the Registered Trader by way of credit.
We will store your information for the purpose of providing qualified leads in your chosen industry. You can remove your personal information from our system at any time from inside your control panel.
Registered Traders acknowledge that some but not all of the Leads are sold as potential opportunities to quote. Accordingly, we do not guarantee that the Registered Trader will be able to quote. Nor do we guarantee that any quotation will result in work for the Registered Trader.
Registered Traders must not:
publish, re-sell or misuse Leads, Shared Personal Data or any other information supplied by Customers in relation to any quotation request;
charge Customers for quotations;
quote for works the Registered Trader is not legally able to undertake (including without limitation where the Registered Trader does not hold the necessary certifications/accreditations e.g. Gas Safe registration(s) for gas work);
quote for works the Registered Trader does not have the personnel or resources to undertake within a reasonable time-frame.
Registered Traders must comply with all applicable laws (including without limitation Data Protection Laws and laws relating to gas works and oil works) in connection with the provision of quotations to Customers and the performance of services arising out of such quotations.
Registered Traders agree that we may contact Customers who have been referred to them via the website to obtain feedback about their quotations, performance and service, and may publish such feedback on our website. We believe that genuine constructive reviews, whether positive or negative, adds credibility to all concerned. A negative review handled correctly is an opportunity for you to demonstrate your customer service abilities and will help reassure enquirers that if things do go wrong you\’ll be there to resolve them.
Our policy for the publication of feedback and what can be done about negative feedback is as follows:
Feedback will only be published publicly on the website where the Customer has had the work carried out by the Registered Trader. It will not be published if the Customer leaves feedback prior to the work being carried out or does not employ the services of the Registered Trader. All feedback received, regardless of publication status, will be visible in the Dashboard of the Registered Trader.
Feedback from leads supplied free of charge will not be published regardless of whether the Customer employed the services of the Registered Trader or not. This is due to a high number of attempted fake feedback submissions.
Feedback received that we believe has been falsified and/or submitted by a Registered Trader to their own account will be removed.
Negative Feedback may be removed should the review refer to a problem that was outside of the control of the Registered Trader.
Feedback that is malicious, offensive, libellous or makes defamatory remarks against individuals will be removed.
All negative feedback must be constructive and provide information about the service delivered and objectively describe what went wrong. Negative feedback that does not meet these criteria will be removed.
Where a Registered Trader has received negative feedback that in our opinion is objectively written, but does not agree to it, the Registered Trader will have the opportunity to respond publicly in the form of a written response (via our website contact form). The same rules apply to posting a response as they do to posting original feedback. We will not remove genuine, objectively written negative feedback.
We reserve the right to modify feedback to comply with the above policies.
(9) Shared Personal Data
The parties acknowledge that each is an independent controller with respect to the Shared Personal Data and, accordingly, each party shall determine the purposes and means of its own processing of the Shared Personal Data, subject to the express provisions of these terms and conditions.
Each party shall comply with the Data Protection Laws with respect to its own processing of the Shared Personal Data; and we shall ensure that any Shared Personal Data we disclose to Registered Traders has been collected or otherwise obtained in accordance with the Data Protection Laws, and that the disclosure does not itself breach the Data Protection Laws.
We shall be responsible for ensuring that the transparency requirements of the Data Protection Laws with respect to the transfer of the Shared Personal Data are met; whereas Registered Traders shall be responsible for ensuring that the transparency requirements of the Data Protection Laws with respect to the Registered Traders\’ processing of the Shared Personal Data are met.
Each party shall, at the request and expense of the other party, provide to that other party all reasonable assistance, information and cooperation as may be necessary to enable the other party to comply with the Data Protection Laws with respect to the processing of the Shared Personal Data.
Registered Traders must only use the Shared Personal Data for the purposes of supplying quotations to the relevant person and negotiating and arranging the sale and supply of their services; providing, however that in the event a Lead results a contract for services between the Customer and the Registered Trader, this restriction shall cease to apply.
Registered Traders must not transfer the Shared Personal Data, and must not permit or facilitate the transfer of the Shared Personal Data, from any location within the UK and European Economic Area (EEA) to any location outside the UK and EEA (whether directly or indirectly) unless such transfer is protected by appropriate safeguards (as defined in the Data Protection Laws).
Registered Traders shall implement and maintain appropriate technical and organisational security measures in relation to the processing of the Shared Personal Data.
If either party receives a communication from a supervisory authority relating to the Shared Personal Data, the party in receipt of the communication shall promptly, to the extent permitted by applicable law, send a copy of the content of the communication to the other party. Each party shall provide to the other party, at the request of the other party, reasonable cooperation and assistance in relation to any complaint, investigation, communication or other action by a supervisory authority which relates to the Shared Personal Data.
(10) Confidential information
Registered Traders agree and undertake:
that they will keep all Confidential Information strictly confidential and will not disclose any part of it to any other person without our prior written consent;
that they will act in good faith at all times in relation to the Confidential Information; and
that they will use the same degree of care to protect the confidentiality of the Confidential Information as they use to protect their own confidential information of a similar nature, being at least a reasonable degree of care.
Registered Traders may disclose the Confidential Information to their professional advisers, insurers, officers and employees who are bound by a written agreement or professional obligation to protect the confidentiality of the Confidential Information.
This Section imposes no obligations upon you with respect to Confidential Information which:
is or becomes publicly known through no act or default on the Registered Trader\’s part; or
is obtained by the Registered Trader from a third party in circumstances where the Registered Trader has no reason to believe that there has been a breach of a duty of confidence.
The restrictions in this Section do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation, judicial or governmental request or order, or pursuant to the disclosure requirements relating to the listing of your stock on any recognised stock exchange.
(11) Limited warranties
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the subject matter of these terms and conditions (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(12) Limitations and exclusions of liability
Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any personal data.
We will not be liable to you in respect of any loss or corruption of any non-personal data or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you acknowledge that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising directly or indirectly out of your use of our website, or any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(14) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
send you one or more formal warnings;
temporarily suspend your access to the website;
permanently prohibit you from accessing the website;
block computers using your IP address from accessing the website;
contact any or all of your internet services provider and request that they block your access to the website;
commence legal action against you, whether for breach of contract or otherwise;
delete and/or edit any or all of your directory or website submissions; and/or
suspend and/or delete your account with the website.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
We may revise these terms and conditions from time-to-time by giving to you at least 14 days’ written notice of the variation. If you disagree with any such variation, you must close your account on the website before the end of the notice period. If you do not close your account before the end of the notice period, you will be deemed to have accepted the variation.
We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(18) Exclusion of third party rights
These terms and conditions are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(19) Entire agreement
(20) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
– End Of Terms and Conditions –
71-75 Shelton Street