NOTICE: Please read the following carefully. You are offered use of the Service based on the terms and
conditions set out below. By using the service you agree to be bound by these terms and conditions.
If you do not agree to these terms and conditions you cannot use the service.
1. GENERAL DISCLAIMER
1.1 You acknowledge that it is Your responsibility to select a Trade Professional and to negotiate the
terms of any work to be performed by the Trade Professional you have selected and that HomePro makes no
warranty regarding any goods or services purchased or obtained through our Website or the Services or
any transactions entered into through our Website.
1.2 HomePro relies on data provided by third parties to determine which Trade Professionals are included
in the Database and does not recommend or endorse any specific Trade Professional.
1.3 HomePro cannot accept any liability in respect of any contract or other agreement entered into between
You and the Trade Professional and, in particular, but without limitation, HomePro can accept no
liability relating to the quality or fitness of any work performed or omitted to be performed by any
2.1 By accepting this Agreement, You expressly consent to uses and disclosures of Your personal information
as set out in HomePro's then current privacy policies, which are incorporated herein by reference.
3. DISCLAIMER OF WARRANTIES
3.1 The Website and the Services are provided on an "as is" and "as available" basis and HomePro makes no
warranties or representations, whether express or implied, in relation to the Website or the Services,
including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory
quality and fitness for a particular purpose.
3.2 HomePro makes no warranty that the Website or use of the Services will meet Your requirements or
will be uninterrupted, timely, secure or error-free.
3.3 No warranty is given by HomePro as to results that may be obtained or the accuracy of any information
obtained through the Website or the Services or that any defects in the Website or the Services will
be corrected and You understand and agree that any material or data obtained through use of the Website
or the Services is at Your own discretion and risk.
4. YOUR DATA
4.1 You agree to provide true, accurate, current and complete information when providing details to HomePro
4.2 You agree not to impersonate any other person or entity or to use a false name or a name that You are not
authorised to use.
4.3 By signing up you are agreeing to allow us to automatically allocate you with a membership login
that will be contained in your automated response e-mail and to periodically send you our newsletter
and offers by email (you can unsubscribe from this service).
5. YOUR OBLIGATIONS
5.1 In consideration of HomePro making the Website and the Services available to You, You:
5.1.1 are responsible for procuring the necessary equipment and the payment of telephone charges
necessary to access the Website;
5.1.2 accept responsibility for any content You provide on the Website;
5.1.3 agree not to use the Website or the Services for any illegal purpose and in accordance with all
5.1.4 agree not to use the Website or the Service to transmit or post any chain letters or any material
for the purposes of publicity, promotion and/or advertising;
5.1.5 agree not to use the Website or the Services to distribute by any means computer viruses or worms
to third parties;
5.1.6 agree not to use the Website or the Services to transmit or post any material which is defamatory,
offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience
or needless anxiety;
5.1.7 agree not to use the Website or the Services such that the whole or part of the Website or the
Services is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality
of the Website or the Services is in any way impaired;
5.1.8 agree not to use the Website or the Services in any manner which constitutes a violation or
infringement of any person, firm or company or the rights thereof (including, but not limited to, third
party intellectual property rights or confidentiality);
5.1.9 agree not to use the Website to attempt any unauthorised access to any part or component of the
Website or that of any third party to which You can connect via the Website (or other directly or
otherwise connected network);
5.1.10 agree not use the Website or Services as source of targeting material or contact data for any
kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own
behalf or on behalf or for the benefit of another party.
5.1.11 agree that in the event that You have any right, claim or action against any user arising out
of the use of the Website or the Service, then You will pursue such right, claim or action
independently of, or without recourse to HomePro.
6. HOMEPRO'S RIGHTS
6.1 HomePro reserves the right to modify or discontinue, all or part of, temporarily or permanently,
the Website or the Service with or without notice to You and You confirm that HomePro shall not
be liable to You or any third party for any modification to or discontinuance of the Website or the Service.
6.2 HomePro may change the terms and conditions from time to time.
6.3 The content, layout and organisation of the Website shall be subject to variation at the sole
discretion of HomePro.
6.4 In the event of HomePro’s publication of the Website being restricted, curtailed or prevented
by any law or any other act or thing beyond HomePro's control, HomePro may at any time, notwithstanding
anything contained in this Agreement, forthwith terminate this Agreement in whole or in part.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 To the extent that all copyright and other intellectual property rights throughout the world in
information supplied by You in connection with the Website and the Services does not vest in HomePro
by operation of law, You hereby grant to HomePro (free of charge) an exclusive, perpetual, royalty-free
licence to use such information for any purpose.
7.2 You hereby acknowledge that all present and future copyright and other intellectual property rights
subsisting in, or used in connection with, the Website (the "Rights"), including the manner in which
the Website is presented or appears and all information and documentation relating thereto is the
property of HomePro and nothing contained herein shall be construed so as to transfer any such rights to You.
7.3 Without prejudice to the generality of the foregoing, if and to the extent that the You own any or
all of the Rights, You hereby irrevocably and unconditionally assign the Rights, with full title
guarantee, to HomePro for the full period of copyright and all renewals extensions and/or revivals
thereof and thereafter in perpetuity, throughout the world.
8.1 You warrant and undertake that all information supplied by You shall be true and accurate and
fairly obtained and shall not contain any defamatory material nor prejudice or infringe any copyright,
right of privacy or publicity or similar right of any third party and that HomePro may enjoy quiet
possession of such information free from any disturbance, charge or encumbrance.
8.2 You agree to indemnify HomePro forthwith on demand and hold HomePro harmless against any and all
expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by
HomePro in connection with any claims, actual or threatened, of any kind (including without
limitation any claim of trademark or copyright infringement, libel, defamation, breach of
confidentiality, false or misleading advertising or sales practices) arising from information
supplied to HomePro by You or from Your use of the Website or the Services.
9. LIMITATION OF LIABILITY
9.1 Neither party shall, nor shall it purport to, exclude or restrict liability for death or personal
injury resulting from the negligence of it or its employees, servants or agents acting in the course of
9.2 You acknowledge that HomePro has no control over the information that can be accessed by using the
Website and the Services and that HomePro does not examine Your use of the Services or the nature of the
information You are sending or uploading. HomePro therefore excludes all liability of any kind for the
transmission or reception or such information of whatever nature.
9.3 You agree that, except for death and personal injury arising from our negligence, HomePro shall not
be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever
arising from or in any way connected with this contract, including, without limitation, damage for loss
of business, loss of profits, business interruption, loss of business information, loss of data, or any
other pecuniary loss (even where HomePro has been advised of the possibility of such loss or damage).
9.4 You agree not to hold HomePro responsible for any damages or other liabilities arising from work
performed by any Trade Professional. HomePro does not and cannot be involved in Your dealings with
Trade Professionals, or control whether or not Trade Professionals will complete any work as agreed
and in the event that You have a dispute with one or more Trade Professionals, You hereby release
HomePro (and its agents and employees) from any and all claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
9.5 Save as expressly set out herein, all conditions, warranties and obligations which may be implied or
incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising therefrom,
are hereby expressly excluded to the extent permitted by law.
9.6 While every reasonable care will be taken in respect of information supplied by You, HomePro cannot
accept liability for any information placed or omitted to be placed on the Website (whether or not any
such liability is occasioned by HomePro's fault or negligence or otherwise).
9.7 Without limiting the foregoing, HomePro shall have no liability for any failure or delay resulting
from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion,
embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption
of any kind, work slowdown, transmitter or satellite degradation, failure of the Internet, interruption
or failure or any other condition beyond the control of HomePro's affecting production or delivery of
the Website and any information incorporated in it in any manner or any of its obligations
under this Agreement.
9.8 Each of the provisions of this Clause 9 shall be construed separately and independently of the others.
10.1 Either party may terminate this Agreement forthwith by written notice if the other commits any
material breach of any term hereof and which (in the case of a breach capable of being remedied)
shall not have been remedied within 30 days of a written request to remedy the same.
11.1 Clause headings are inserted for convenience only and shall not effect the construction hereof.
11.2 If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed
and the remainder of this Agreement shall remain in full force and effect unless the business purpose
of this Agreement is substantially frustrated thereby.
11.3 You may not assign, transfer or sub-contract any of its rights hereunder without the prior written
consent of HomePro.com may assign, transfer or sub-contract all or any of its rights web/hereunder.
11.4 Any express or implied waiver by HomePro of any term or condition hereof or any breach or default
by You may be terminated by HomePro at any time. No such waiver shall constitute a continuing waiver
nor shall it prevent HomePro from acting upon that or any subsequent breach or default or
from enforcing any term or condition hereof.
11.5 This Agreement constitutes the entire agreement between HomePro and You as to the subject matter
hereof and supersedes all previous communications, representations and arrangements, either written
or oral (other than fraudulent misrepresentation). You acknowledge that no reliance is placed on
any representation made but not embodied herein.
11.6 The provisions of Clauses 2, 3, 7, 8, 9, and 11.6 shall survive termination of this Agreement.
11.7 Any notice to be given under this Agreement may be given via email, regular mail, facsimile or by
hand to the address provided on the Website or otherwise as notified by one party to the other.
11.8 No terms or conditions other than those set forth herein or any variation thereof under Clause 6.2
shall be binding upon HomePro, unless in writing and signed on behalf of both HomePro and You.
11.9 Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership
relationship between the parties and neither party shall hold itself out in its advertising or otherwise
in any manner which would indicate or imply any such relationship with the other.
11.10 This Agreement shall be subject to the laws of England and Wales and the parties shall submit to
the exclusive jurisdiction of the English courts.