Whoocan Terms and Conditions

Who we are
Whoocan Ltd. (“Whoocan” "we" "us" or "our") (registered company number 05647220) whose registered office address is located at Montagu House 81 High Street Huntingdon Cambridgeshire PE29 3NY is a company established to provide a marketplace where Customers can advertise jobs to service providers who can bid for them and where positive feedback can be given by those Customers on completion of jobs within limitations we prescribe to assist future customers in deciding upon which service providers they may employ and the service providers by enhancing their reputation and advertising their skills to future customers.

What we do
The services provided through this website are provided by us on the basis of these terms and conditions which shall continue to apply where relevant notwithstanding the cessation of any registration with us or conclusion of any contract in respect of which this site provided intermediary services. Users (by which we mean for the purposes of these conditions both Customers and Service Providers) are required to confirm that they have read and accept that these terms and conditions are binding upon them before using any of the services provided by us. These terms and conditions can not be modified by agreement with any individual and purported amendments will not bind us. 

General overview
We want your experience of our contact service to be a safe and satisfactory one.  We provide a marketplace via our site which aims to put service providers and Customers in touch with each other for the advertising and completion of jobs in England and Wales only. You will understand that this means we are not selling the services or goods offered by service providers registered with us and we do not make any contract for the supply of those goods or services by or to you. If you advertise a job with us you are responsible for ensuring that the job you advertise is correctly described and capable of being legally performed. Any service providers who you engage as a result of the use of this site is employed by you and whilst our site gives rankings for service providers from previous customers of that service provider you will understand that the relationship between customer and service provider is an individual one in which we act solely as an introducer and not an active party and we therefore limit our liability to you in the manner set out in the following terms and conditions. We encourage you to be aware of your general rights under the laws of England and Wales and for this purpose we would refer you to the digest of your consumer rights set out by the Office of Fair Trading here:

http://www.oft.gov.uk/Consumer/Your+Rights+When+Shopping/default.htm  

Limitations of our liability to you
We do not accept any liability for the content of or your reliance upon any material found upon or linked from this site otherwise than by links provided by us and in particular we exclude any liability to you in consequence of your reliance upon any information supplied by or linked or otherwise posted by Customers or Service Providers.  Where we provide links to external sites for the purposes of advising you as to your legal rights the content of those links forms part of the terms and conditions.  In particular you must accept that we do not and can not control the information provided by other users of this Site. You may find other user's information to be offensive harmful inaccurate or deceptive. Please use caution and common sense when using this Site. As the internet is by its very nature an anonymous medium there may also be risks of dealing with underage persons or people acting under false pretences. By using this Site you agree to accept such risks and agree that Whoocan Ltd. is not responsible for the acts or omissions of other users on the Site. If you should become aware that any information provided on our Site is inaccurate please notify us by clicking here

This document should be read in conjunction with our privacy policy which can be found by clicking  here.

1.         "Customers" and "Service Providers" 
For the purposes of these terms and conditions users who place a job description online will be known collectively as "Customers" or individually as a "Customer". Users who tender on the work featured on our site will be known collectively as "Service Providers" or individually as a "Service Provider". Please note that throughout the site wherever we use the term Service Provideror or Customer this is intended to denote any person respectively undertaking or placing jobs whether male or female and if jobs are placed or undertaken by a company or firm the terms Service Provider and Customer will apply with only such changes as will permit a proper legal interpretation of the relationship.

2.         Legality of jobs advertised
Any job to be advertised on this site must be capable of being performed by a competent person without breaching any statute or these terms and conditions. As jobs are described and placed as advertisements by Customers we cannot take any responsibility for the truth or accuracy of any job description or the ability of that Customer to pay for the job to be completed. As works are undertaken by Service Providers elected by the Customer we cannot take any responsibility for the ability of any Service Provider to complete any aspect of a job that a Service Provider tenders for. You should not assume that the legality of any job is confirmed because it is listed on this site. All users must accept the sole responsibility for checking and ensuring the legality of their own actions. You warrant to us by placing any advertisement for a job that you have the legal right to pass the data to us and for us to hold it on our servers for the purposes for which you supply it.

3.         Checks on Service Providers and their qualifications 
We cannot and do not guarantee any work done by Service Providers nor do we vet or have any control over specific qualifications Service Providers may hold. If you require specific qualifications please ensure you check these with the Service Provider before giving instructions for any works to be carried out. We do require all registered  Service Providers to permit feedback on the contracts they complete to be posted by Customers who contacted them through our site and have contracted with them.  The system we provide for such feedback is an automated system but for legal reasons we reserve the right to remove or suspend access to any Customer comments which in the unfettered opinion of Whoocan do not fairly represent the outcome of any concluded contract undertaken by any Service Provider.  Service Providers who undertake work sourced through this site are required to allow Customers comments to be displayed to all Customers and if they believe the comments made are biased or unfair they may apply to Whoocan by email via the links provided in the web site. If on such application Whoocan agrees that the Customer comments in relation to any Service Providers are not justified Whoocan will permanently remove or suspend access to those comments and reserves the right to provide the details of the person posting the comments to the Service Provider concerned.
 
4.         Data retention
Customers and Service Providers registering with us must fully complete an online form and give the data requested therein.  In the event of any failure to do so or if Whoocan should become aware of any misstatements or inaccuracies in the information provided by any user then Whoocan reserves the right to withdraw the right for such user to use and access the site without notice. Whoocan retains data in encrypted form to facilitate the proper operation of the site. If any user requires to inspect their data held by us this will be made available upon demand and will be supplied in hard copy form for a small charge. By completion of our online form you expressly consent to our retention of the data you provide and to our making relevant parts of this data available to Service Providers and Customers for the better operation of the site. You further warrant to us and to anyone else who you could have reasonably contemplated would see the data you provide that, that data is complete accurate and provided by you in good faith.
4.1       Customers must not advertise any job unless they have the legal right to contractually engage a  Service Provider to carry it out.
4.2        Service Providers should not respond to any job advert unless they have the requisite skills and legal status required to properly and legally undertake the work.

5.         Fees Refunds and Returns
Placing a job advertisement online requires the payment of a small fee in accordance with our rates as published through this site and elsewhere from time to time and varying dependant upon the period for which you want your job to be advertised.  We reserve the right to amend the fee charged without notice from time to time. All fees must be paid in advance using our secure server by credit or debit card.
We use a Barclay Card Merchant Account to handle secure payments and they will provide receipt(s) by email.
We do not provide goods via this site so there is no policy on returns.
 

6.         Responsibility
            You must not provide any electronic information which is or may be calculated to cause loss or damage to the data we hold nor seek to reverse engineer “hack” or otherwise interfere in any way with the operation of our site or the servers upon which the information is stored and you undertake to indemnify Whoocan against any loss or damage caused by your actions in accessing and using our site.

7.         License to use your information 
To enable us to operate this site you warrant that you are entitled to and do grant us a non-exclusive world-wide perpetual irrevocable royalty-free assignable licence to exercise the copyright trade mark publicity and database rights you have in all information you provide to us. You also waive all moral rights you have in such information to the fullest extent permitted by law. You authorise us to release contact information you have provided to us in connection with the normal operations of this site to third parties registered with our site.
 
8.         Property in this Site
You may not copy or reproduce any part of this site. Our legal and moral rights to be identified as the owners of and in the content of this Site are asserted to the fullest extent of the law.
 
9.         Breach 
Without limiting our other remedies we may limit your activity on the Site immediately issue a warning suspend or terminate your user registration or any of your job listings and refuse to provide our services to you without notice to you if you breach these terms and conditions or the documents incorporated by reference or we are unable to verify or authenticate any information you provide to us or we believe that your actions may cause us or other users financial loss or legal liability.

10.       Limitation of Liability 
10.1   We (and our directors and employees) do not guarantee continuous uninterrupted or secure access to our services and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available and to the extent permissible by law we exclude all implied warranties conditions or other terms whether implied by statute or otherwise including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties so the foregoing disclaimer may not apply to you.
10.2    Whoocan is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties.  In addition Whoocan makes no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published in this site.  The information contained in this site may contain technical inaccuracies or typographical errors.  All liability of Whoocan howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
10.3    Neither Whoocan nor any of its directors employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site.  This is a comprehensive limitation of liability that applies to all damages of any kind including (without limitation) compensatory direct indirect or consequential damages loss of data income or profit loss of or damage to property and claims of third parties.
10.4    In the event that you have any right claim or action against any other user arising from that user's use of the Site you agree to pursue such right claim or action independently of and without recourse to us and you release Whoocan Ltd. (and our directors and employees) from all claims liability damages losses costs and expenses including legal fees known and unknown arising from or in any way connected with such right claim or action.
10.4    A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party specified in these terms and conditions or which exists or is available apart from that Act.
10.5    Save as precluded by law we will not be liable to you for any indirect or consequential loss damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.
10.6    Notwithstanding the foregoing none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Whoocan liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
 
11.       Indemnity 
You agree to indemnify and hold us and (as applicable) our directors agents and employees harmless from any claim or demand including reasonable legal fees made by any third party due to or arising out of your breach of these terms and conditions (including the documents incorporated by reference) or your violation of any law or the rights of a third party.
 
12.       Notices 
Unless otherwise explicitly stated notices to Whoocan must be sent by registered mail to Whoocan Ltd. desired address for service upon you and notices to you will be sent to the email address that you provide to us during the registration process (receipt is deemed 24 hours after an email is sent unless we receive notice that the email address is invalid) or by registered mail.
 
13.       Governing Law and Legal Compliance 
These terms and conditions shall be governed by and construed in accordance with English law and are subject to the exclusive jurisdiction of the English courts. This site is targeted at users resident in England and Wales only.  If you are not resident in England and Wales DO NOT USE THIS SITE.  In listing your place of residence and address in our online registration form you are representing to us that you are a resident of England and Wales.  This is a representation on which we rely prior to accepting your offer to purchase our services

14.       General. 
If any provision of these terms and conditions is held to be invalid or unenforceable such provision shall be struck out without prejudice to the remaining provisions which shall continue to be enforceable. You agree that these terms and conditions and all incorporated agreements may be automatically assigned by us in our sole discretion to a third party in the event of a merger or acquisition or any other event. You and Whoocan are independent contractors and no agency partnership joint venture employee-employer or franchisor-franchisee relationship is intended or created by these terms and conditions. Headings used in these terms and conditions and our privacy policy are for reference purposes only and shall in no way define limit construe or describe the scope or extent of any such term or condition. We are neither obliged to act in relation to any breach of these terms and conditions by any user nor shall any such failure to act with respect to any one breach waive our rights to act in respect of any other subsequent or similar breach. These terms and conditions set forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. We reserve the right to amend or alter these terms and conditions at any time.