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(1) the process by which you, after completing the relevant application form and going through our background check process may be accepted as a Service Provider on the MySuperBuilder platform.
(2) the terms and conditions governing your use of MySuperBuilder platform and our provision of MySuperBuilder platform services to you ('Platform Services') as set out in these Terms and Conditions and also published on our website and mobile application.
(1) You, and anyone employed by you, are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise legally capable of entering into binding contracts.
(2) You, and anyone employed by you, have the unrestricted right to work in the jurisdiction in which you reside and accept all applicable works without additional immigration approvals.
(3) You have the right, authority and capacity to enter into this Agreement and to abide by the Terms and Conditions of this Agreement. Where you enter into this Agreement on behalf of a company or other organization, you represent and guarantee that you have authority to act on behalf of that entity and to bind that entity to the Terms and Conditions and to this Agreement.
(1) The pricing terms of the Works/Services agreed with and provided by a Service Provider (“ Works/Services Payment”).
(2) Any materials costs agreed with and submitted by a Service Provider in connection with the Works/Services,
(3) Any tip or gratuity, if the Client wishes to.
(4) The service charge which MySuperBuilder assesses as payable for the use of the MySuperBuilder Platform. This is variable based on the Works/Services Payment amount. The service charge or MySuperBuilder platform fee which is used to offset MySuperBuilder’s cost of providing Users with customer support, providing the Warranty Pledge, and other various business objectives.
(5) Cancellation fees, if applicable.
(6) Clients may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount if expenses related to a Task individually, or Tasks in the aggregate over a 30-day period, exceed £300.00.
(1) Registration fees applicable to Service Providers,
(2) Cancellation fees, if applicable.
(3) Repayment of erroneous payments.
(1) place on hold any Works/Services Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or
(2) refund or provide credits, or arrange for the PSP to do so.
(1) Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including all Users and our Company staff, or use information learned from MySuperBuilder Platform or during the performance of Tasks to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
(2) Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the MySuperBuilder Platform;
(3) Use the MySuperBuilder Platform for any unauthorized purpose, including, but not limited to posting or completing Works/Services which is/are illegal or otherwise unlawful;
(4) Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or MySuperBuilder;
(5) Upload files that contain viruses, Trojan horses, corrupted files or any other similar software that may damage the operation of another’s computer/mobile device;
(6) Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
(7) Advertise or offer to sell any goods or services for any commercial purpose through the MySuperBuilder Platform which are not relevant to the Works/Services offered through the MySuperBuilder Platform;
(8) Post or complete a Works/Services requiring a User to
i) purchase or obtain gift cards or money orders.
ii) purchase high value items (£1000) without obtaining pre-authorization from Company,
iii) travel into different countries during the performance of Works/Services,
iv) provide ridesharing or other peer-to-peer transportation services,
vi) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Company in its sole discretion;
(9) Conduct or forward surveys, contests, pyramid schemes, or chain letters;
(10) Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
(11) Post the same Job request repeatedly (”Spamming”). Spamming is strictly prohibited;
(12) Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the MySuperBuilder Platform;
(13) Restrict or inhibit any other User from using and enjoying the Communal Areas;
(15) Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the MySuperBuilder Platform, or the personal information of others, in any manner;
(16) Frame or utilise framing techniques to enclose the MySuperBuilder Platform or any portion thereof;
(17) Hack or interfere with the MySuperBuilder Platform, its servers or any connected networks;
(18) Adapt, alter, license, sublicense or translate the MySuperBuilder Platform for your own personal or commercial use;
(19) Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by MySuperBuilder and/or its parent company;
(20) Upload content to the MySuperBuilder Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
(21) Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner and/or any other form of unacceptable exploitation;
(22) Use the MySuperBuilder Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the MySuperBuilder Platform as set forth herein;
(23) Use the MySuperBuilder Platform to collect usernames and or/email addresses of Users by electronic or other means;
(24) Use the MySuperBuilder Platform or the Task services in violation of this Agreement;
(25) Use the MySuperBuilder Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;
(26) Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the MySuperBuilder Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
(27) Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
(28) Cause any third party to engage in the restricted activities above.
Intellectual Property and Copyright complaints
(1) A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the MySuperBuilder Platform where the material that you claim has been infringed is located. Include enough information to allow MySuperBuilder to locate the material, and explain why you think an infringement has taken place;
(2) A description of the location where the original or an authorised copy of the copyrighted work exists - for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
(3) Your address, telephone number and e-mail address;
(4) A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
(5) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
(6) An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.
(1) errors, mistakes, or inaccuracies of content,
(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the MySuperBuilder Platform,
(3) any access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein; and
(4) events beyond our reasonable control. MySuperBuilder does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the MySuperBuilder Platform or any hyperlinked website or featured in any banner or other advertising, and MySuperBuilder will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, MySuperBuilder and Affiliates do not warrant that access to the MySuperBuilder Platform will be uninterrupted or that the MySuperBuilder Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the MySuperBuilder Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the MySuperBuilder Platform. MySuperBuilder and Affiliates are not responsible for the conduct, whether online or offline, of any User. MySuperBuilder and Affiliates do not warrant that the MySuperBuilder Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites.
(1) death or personal injury caused by MySuperBuilder’s negligence;
(2) fraud or fraudulent misrepresentation; or
(3) any other liability that, by law, may not be limited or excluded.
(1) your use or inability to use the MySuperBuilder Platform or MySuperBuilder Services,
(2) your breach or violation of this Agreement
(3) your violation of any law, or the rights of any User or third party
(4) any content submitted by you or using your account to the MySuperBuilder Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. MySuperBuilder reserves the right, in its own sole discretion, to assume the exclusive defence and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of MySuperBuilder.
(1) Your works/services will come with a 12 months’ warranty.
(2) any claims under an agreement or arrangement made between you and any Client or other user of MySuperBuilder Platform.
(3) any false, inaccurate, out of date or misleading Personal or Your Company Details or other information provided by you which is entered on to our MySuperBuilder Platform.
(4) any third-party claims or actions against us arising out of you acting or omitting to do something in breach of this Agreement and Terms and Conditions or applicable local or international law; or
(5) where we are joined into any legal action or proceedings brought by a Client, MySuperBuilder Platform Users, regulatory body or other third party against you in relation to your alleged acts or omissions.
(6) although the above indemnity shall not apply to the extent that a third-party claim or action for which such indemnity is sought by MySuperBuilder would not have arisen but for our own negligence or wilful misconduct.
(7) you have legal authority and capacity to provide the products or services you are listed for on our MySuperBuilder Platform (and are not aware of any legal ruling, prohibition or order that could impact on your ability to do so);
(8) you will provide your goods or services to Clients/Users lawfully at all times and not infringe (or permit your officers, employees or contractors to infringe) any laws, regulations, industry codes of conduct, regulatory guidance, any regulatory decisions or court orders;
(9) you will not act in any way which in our reasonable opinion is likely to have an adverse impact on the operation of the MySuperBuilder Platform, Site or any Clients, Affiliates or the public in general;
(10) you will take full responsibility for you (and your officers, employees, contractors or agents) performing Works/services to MySuperBuilder Users/ Clients under a written contract;
(11) where applicable, you unconditionally agree to use such contract terms for provision of goods or Works/ services that one of our Trading Standards Partners or Affiliates may require you to use from time to time;
(12) you (and your employees, contractors or agents) will perform all services to MySuperBuilder Users/ Clients lawfully and in accordance with 'good industry practice' meaning such professional standards of skill, care, timeliness and diligence that a competent tradesman/tradeswoman with your professed expertise would be expected to perform;
(13) you will at all times maintain such
i) employers' liability insurance as required by law and
ii) appropriate professional indemnity and public liability insurance that is sufficient to cover potential liability arising to MySuperBuilder Platform Users / Clients or members of the public from your provision of services and shall provide evidence to us of such insurance as part of your application or immediately upon our written request (and we reserve the right to immediately suspend the access to MySuperBuilder Platform from any Service Provider who, in its sole discretion, does not satisfy this requirement);
(14) you shall ensure that your employees and contractors are suitably fit and qualified to perform professional works/ services to MySuperBuilder Platform Users/ Clients in a manner consistent with your obligations under these Terms and Conditions; and
(15) if, at any time, we decide it is necessary to initiate an investigation into you or the conduct or background of any of your owners, officers, employees or contractors in order to maintain the integrity of the MySuperBuilder Platform, you agree to obtain (without delay) up to date criminal background checks or such relevant information as we may reasonably request to assist such investigation.
(16) you and any agents or contractors you engage to supply goods or perform professional services to MySuperBuilder Platform Users/Clients:
i) comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes of practice from time to time in force, including the Modern Slavery Act 2015; and
ii) have not been convicted of any offence involving slavery and human trafficking (and are not knowingly subject to any claim, investigation or proceedings alleging commission of such an offence). You also agree that from time to time you may be required by MySuperBuilder to provide further information or take such steps as may be reasonably required by us to verify or confirm the forgoing.
(1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or
(2) if such provisions cannot be so modified or restructured, they shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.
(1) to a parent or subsidiary,
(2) to an acquirer of assets, or
(3) to any other successor or acquirer. Any assignment in violation of this Section shall be null and void. This Agreement will inure to the benefit of MySuperBuilder, its successors and assigns.