Charter, terms and conditions
1 Definitions
1.1 Throughout these Charter and General Terms and Conditions pages (“The Charter”):
nomorecowboys.com is referred to as “The Club”;
the website found at URL www.nomorecowboys.com is referred to as “The Website”;
The Beaumont Online Service Company Ltd, registered in England as company number 4459315, and all persons engaged by it as administrators of The Club are referred to as “The Company”;
members of the public contributing material to The Club are referred to as “Subscribers”;
tradesmen and tradeswomen, whether as sole traders or incorporated companies, whose work is commented on via the Website are referred to as “Associate Members”;
feedback submitted to The Club for inclusion on The Website about Associate Members is referred to as “Comments”.
2 PURPOSE AND VIOLATION
2.1 The Club exists as a forum by which Associate Members may be listed as service providers and Subscribers may give Comments on the services provided by Associate Members and so supply guidance and advice for the benefit of other Subscribers in order to inform the choice of any Associate Member other Subscribers may be intending to engage.
2.2 The Club’s aims are (i) to enable skilled and proficient Associate Members to become dominant players in business and markets which are currently tarnished by unskilled and unscrupulous traders, and (ii) to enable consumers of the services supplied by Associate Members to become the dominant means of determining which Associate Members are engaged to supply services.
2.3 It is expressly the policy of The Club not to misrepresent any Associate Member or any other tradesman or tradeswoman whatsoever nor to support in any way whatever whether intentionally or unintentionally any Subscriber who would misrepresent any Associate Member or any other tradesman or tradeswoman whatsoever. Any Subscriber adjudged at the sole discretion of The Company as being in violation of this policy may at the sole discretion of The Company be excluded from membership of The Club without any right of appeal.
2.4 Any other activity of any Subscriber deemed at the sole discretion of The Company to be in violation of the purpose, aims and spirit of The Club may result at the sole discretion of The Company in the exclusion from The Club of that Subscriber without any right of appeal.
3 COMMENTS
3.1 Subscribers must base Comments on work that has actually been carried out for them by an Associate Member and for which they have paid and only after that work has been carried out. Subscribers must submit Comments for inclusion on The Website in the prescribed format to be determined from time to time by The Company. Such prescribed format is to be set out by The Company on The Website.
3.2 Comments must be valid and must be based on the reasonable expectation of an Associate Member’s carrying out work with the reasonable care and skill of a tradesman or tradeswoman engaged to carry out that work.
3.3 All Comments must be fair and honest.
3.4 Subscribers are encouraged to submit Comments on all and any service or product supplied by an Associate Member. Only one submission of Comments must be made per service or product supplied by an Associate Member.
3.5 Subscribers must not submit Comments in respect of work carried out for them by an Associate Member where such Associate Member is a direct family member or a business associate of any sort.
3.6 Notwithstanding 4 below, Subscribers are responsible for the validity and truthfulness of the Comments they submit for inclusion on The Website. The Company reserves the right to investigate from time to time Comments submitted for inclusion on The Website to ensure their validity and truthfulness. Such investigation may include amongst other things any Subscriber who is the subject of investigation being required to provide proof as The Company may determine of the validity and truthfulness of the Subscriber’s Comments.
3.7 Any Associate Member who wishes to take issue with any Comment shall have no automatic right to know the origin of such Comment but shall be able to contact the relevant Subscriber only after consultation with and with the approval of The Company. Any such contact shall be solely to rectify any aspect of the work carried out by the Associate Member, which formed the basis of the Comment, either free of charge or for an agreed, nominal fee. In such cases, a replacement Comment may be submitted for inclusion on The Website.
4 RIGHTS
4.1 The Company reserves all rights to vet and edit Comments made by Subscribers and any other person for inclusion in The Website about services supplied by any Associate Member solely to the extent that such Comments comply with the purpose, aims and spirit of The Club as set out above. Comments which in the sole discretion of The Company are deemed to be in contravention of the purpose, aims and spirit of The Club including but not limited to any that are of a scurrilous, untruthful or malicious nature shall at the sole discretion of The Company be excluded from The Website.
4.2 All Comments are the exclusive property of The Beaumont Online Service Company Ltd which shall hold the exclusive copyright in them. Any unauthorised copying or reproduction in whatever form is expressly forbidden.
4.3 The Company reserves the right exercisable at any time to vary or amend at its sole discretion The Charter in order to further or facilitate the purpose, aims and spirit of The Club. Any such variation or amendment shall be notified to Subscribers and Associate Members by means of a notice on The Website.
5 DISCLAIMER AND LIMITATION OF LIABILITY
5.1 The Comments that form the content of The Website are intended to be used and should be used solely as a guide to selecting an Associate Member. To the fullest extent permitted under law The Company makes no and expressly disclaims all and any representations or warranties with regard to The Website or Comments including but not limited to advice and recommendations, warranties of merchantability and fitness for purpose.
5.2 To the fullest extent permitted under law, neither The Company nor any of its directors, employees or any other representatives accepts any liability whatever for any damages arising out of or in connection with the use of The Website. This is a comprehensive limitation of liability that applies to all and any damages including but not limited to direct, indirect or consequential damages, loss of income or profit and claims of third parties.
5.3 The Website is published under the laws
of England and any disputes would be subject to the jurisdiction of the courts
of England.
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