Compare A Trader Limited - Standard Terms & Conditions of Business

The following Standard Terms and Conditions of Business apply to the use of the Service by Traders, both as defined below.

 

  1. Definitions and Interpretation

The definitions and rules of interpretation in this clause apply in these Terms and Conditions:

Activation Date: the date on which the Trader Information is first published on the Website;

Company: Compare A Trader Limited, company No. 07048183, whose registered office is at 24-26 High Street, Rickmansworth, Hertfordshire. WD3 1ER.

Confidential Information: information of a confidential nature (including trade secrets and information of commercial value) known to either party and concerning the other and communicated during the course of business between the parties.

Customer: a person who uses this Website for the purpose of obtaining details about Traders.

Fee: the non-refundable sum charged to the Trader by the Company for providing the Service.

Intellectual Property: any patent, copyright, registered design, unregistered design right, trademark or other

industrial or intellectual property.

Period: the period of 12 months, unless otherwise agreed between the parties in writing, commencing on

the Activation Date during which the Company shall provide the Service to the Trader and any extension

thereof.

Service: the provision of space on the Website to allow the Trader to upload Trader Information to the

Website under the terms hereof.

Trader: the person, business or organisation who has registered on the Website to use the Service.

Trader Information: information relating to the Trader uploaded to the Website by the Trader under the terms hereof.

Website: http://www.compareatrader.com,http://www.compareatrader.co.uk, http://www.compareatrader.info, http://www.compareatrader.mobi, http://www.catl.co.uk, http://www.catl.mobi or http://www.trdr.mobi or any other website owned or controlled by the Company from time to time for the purpose of providing access to the Service.

  1. Contract

    1. Registration on the Website by the Trader and acceptance thereof by the Company will be considered as acceptance of these Terms and Conditions by the Trader.

    2. Receipt by the Company of the Fee or any part thereof from the Trader will be considered as acceptance of these Terms and Conditions by the Trader.

    3. The uploading of Trader Information to the Website by the Trader will be considered as acceptance of these Terms and Conditions by the Trader.

  2. Service

    1. In consideration of the Trader fulfilling all of its obligations hereunder including payment of the Fee, the Company shall provide the Service to the Trader during the Period subject to the following conditions:

      1. the Trader shall register on the Website by completing and submitting the template located on the appropriate Registration page of the Website.

      2. following registration on the Website and payment of the Fee, the Trader will be entitled to upload the Trader Information to the Website, subject always to these Terms and Conditions.

      3. In registering on the Website the Trader agrees to:

  • provide accurate and current information about the Trader as may be required by the Website’s registration process;

  • keep all such registration information up to date;

  • keep any password secure;

  • notify the Company immediately of any unauthorised use of the Trader’s account or other breach of security.

4.   the Company may refuse to register the Trader on the Website at its sole discretion.

        2.   Positioning of Trader Information on the Website is at the sole discretion of the Company.

        3.   The Company reserves the right to re-design or make other changes to the Website and to re-

               position  the Trader Information accordingly without prior notice.

        4.   The Company shall use reasonable endeavours to make the Website available to Customers.

               From time to time it will be necessary to carry out maintenance in respect of the Website resulting

               in occasional periods of downtime. Such downtime periods will be kept to a minimum

               but the Company makes no representations or warranties in respect of the availability of the Website.

        5.   The Period shall begin upon the Activation Date. The Period may be extended by agreement

               in writing by the parties and upon payment of a further Fee.

        6.   The Company does not undertake to review the contents of any Trader Information and any

               such review of, and approval by, the Company shall not be deemed to constitute an

               acceptance by the Company that such Trader Information is provided in accordance with

               these Terms and Conditions, nor shall it constitute a waiver of the Company's rights hereunder.

        7.   The Company makes no warranty, express or implied, as to:

  • the quality or fitness for a particular purpose of the Service; or
  • the compatibility of the Website with the Trader’s equipment, software or telecommunications connection; or
  • the accuracy of any content on its Website. In the event that any such content is inaccurate, the Trader's sole remedy is for the Company to remedy such inaccuracy within a reasonable period of it being notified of the inaccuracy by the Trader.

4.   Payment

        1.   Payments can be made via the Website’s ecommerce facility, by BACS transfer or by invoice

              subject to the agreement of the Company.

        2.   Traders paying by invoice will be invoiced on the first day of the Period set forth on the Term

               Sheet.  Payment shall be made in full to the Company no later than thirty days after the receipt

               of such invoice.

        3.   In the event that any payment by standing order or BACS transfer is not received by the

              Company, the Company shall be entitled to invoice the remaining balance of the Fee

              which shall become payable by the Trader immediately.

        4.   All payments to the Company hereunder shall be made in sterling and shall be exclusive

              of any VAT chargeable thereon which shall be payable by the Trader in addition, where applicable.

        5.   Amounts paid after the due date shall bear interest at the rate of 8% per annum above the

              base lending rate of HSBC Bank plc from time to time from the date when payment should

              have been paid until the date of actual payment, whether before or after judgment. In the

              event of any failure by the Trader to make payment, the Trader will be responsible for all

              expenses (including legal fees) incurred by the Company in collecting such amounts. In the 

              event of late or non-payment the Company reserves the right to disable access to the Trader

              Information posted on the Website.

 

5.   Traders Representations

  1.    The Trader warrants and represents to the Company that:

    1. the Trader Information is accurate, up to date and complete;

    2. the Trader has the right to publish the contents of the Trader Information, without infringement of any rights of any third party including, without limitation, Intellectual Property rights;

    3. the Trader Information complies with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice;

    4. the Trader Information will contain the correct membership number for the Trader, as issued by the Company following registration;

    5. the Trader will be fully responsible for the terms of any contract entered into with any Customer of the Website in the event that Customer responds to the Trader in reliance on the Trader Information;

    6. the Trader shall maintain in force at its own cost such insurance policies as are appropriate and adequate for the type of business in which the Trader is engaged and shall on the written request of the Company allow the Company to inspect such policies;

    7. The Trader shall maintain in force at its own cost such memberships of trade or professional bodies as are appropriate and adequate for the type of business in which the Trader is engaged and shall on the written request of the Company provide written evidence of such memberships;

    8. The Trader shall not “misuse” the Service and shall use the Service only for the purpose for which it is provided.

  2. The Trader agrees to indemnify the Company forthwith on demand and hold the Company harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the Company in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the Trader Information being placed on the Website and/or any material of the Trader to which end users can link via the Website and any other contract entered with any such end user.

  3. The Trader will defend or settle at its own expense any action or other proceedings brought against the Company that relates to the Trader Information and/or any material of the Trader to which end users can link via the Website. The Company shall notify the Trader promptly of any such claim and shall permit the Trader to assume and control the defence of such action and shall not enter into any settlement or compromise of any such claim without the Trader's prior written consent. The Trader shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the Company in any such action or proceedings.

6.   Ratings

  1. As part of the Service, a Customer who uses the services of any Trader in reliance on the Trader Information uploaded by such Trader may, online via the Website or offline via ratings cards supplied by the Company, provide the Company with a “rating” for each such Trader. Such rating may be published on the Website by the Company.

  2. The Trader shall be entitled to purchase from the Company at the Company’s list price, ratings cards to distribute to such Customers for such purpose.

7.   Complaints

In the event that the Company receives a written complaint from any Customer in respect of the conduct of the Trader with whom such Customer has contracted in reliance on the Trader Information, the Company shall be entitled but not obliged to investigate such complaint and, in the event that in the Company’s opinion such complaint is justified, shall be entitled to take such appropriate action as it thinks fit to remedy the situation.

 

8.   Commission/Discount

From time to time the Company may offer incentives to the Trader to introduce new Customers and/or Traders to use the Website and/or the Service. Full details of any such offers shall be set out on the Website and all such offers shall be at the absolute and sole discretion of the Company and may be subject to further and specific terms and conditions.

 

9.   Licences

  1. The Trader hereby grants to the Company a non-exclusive licence to link from the Website to the Trader’s website for the sole purpose of fulfilling its obligations under these Terms and Conditions.

  2. The Trader hereby grants to the Company a non-exclusive licence to use the Trader’s trademarks, logos and branding for the sole purpose of fulfilling its obligations under these Terms and Conditions including without limitation for the purposes of advertising and marketing the Website and the Service in any medium.

10.   Intellectual Property

With the exception of the Trader Information, all of the content featured or displayed on the Website, including but not limited to photographic images, moving images, sound, illustrations, text, graphics, data and software is owned by the Company or its suppliers. All elements of the Website are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property. For the avoidance of doubt the Trader shall not use the Company’s name, trademark or logo for any purpose whatsoever without the Company’s prior written permission.

 

11.   Limitation of Liability

  1. The Company will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms and Conditions for:

    1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

    2. any loss of goodwill or reputation; or

    3. any special or indirect or consequential losses;

    4. arising out of the Trader’s use of the Website or the provision of Services by the Company hereunder.

2.   Nothing in these terms and conditions shall exclude or limit the Company's liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.

3.   Subject to the above, the liability of the Company in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms and Conditions or the performance or observance of its obligations under these Terms and Conditions, and every applicable part of them shall be limited to a refund of the Fee or relevant portion thereof.

 

12. Indemnity

The Trader agrees to indemnify and hold the Company harmless against any claims, damages, costs, liabilities and expenses arising out of the Trader’s conduct, its use of the Service or its breach or alleged breach of these Terms and Conditions or of any representation or warranty contained herein.

 

13.   Termination

  1.  The Company may immediately terminate this agreement without payment of compensation by giving notice in writing to the Trader if any one or more of the following events happens:

    1. the Trader commits a material breach of any of its obligations under these Terms and Conditions which is incapable of remedy;

    2. the Trader fails to remedy, where it is capable of remedy, or persists in any breach of any of its obligations under these Terms and Conditions after having been required by the Company in writing to remedy or desist from such breach within a period of 30 days;

    3. following investigation of any complaint against the Trader pursuant to clause 7, the Company concludes that the complaint is justified and is incapable of remedy;

    4. following investigation of any complaint against the Trader pursuant to clause 7, the Company concludes that the complaint is justified and is capable of remedy and the Trader fails to so remedy after having been required by the Company in writing to do so within a period of 30 days;

    5. the Trader convenes a meeting with creditors or if a proposal be made for voluntary arrangement (within the meaning of The Insolvency Act 1986) or a proposal for any other composition or arrangement with its creditors or if the Trader shall be unable to pay its debts within the meaning of Section 123 of The Insolvency Act 1986 or if a trustee receiver, administrative receiver, administrator or similar officer is appointed in respect of all or any part of the business or assets of the Trader or if a petition is presented or a meeting convened for the purpose of considering a resolution or other steps are taken for the winding-up of the Trader.

  2. The termination of this agreement shall be without prejudice to the rights and remedies of either party which may have accrued up to the date of termination.

14.   General

  1. Each party shall ensure that it keeps all Confidential Information it receives regarding the business and affairs of the other party confidential, and shall only be permitted to disclose such information to its professional representatives or advisers or as may be required by law or any legal or regulatory authority or with the prior written consent of the other party.

  2. The Company is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of the Company.

  3. These Terms and Conditions contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these Terms and Conditions. Each party confirms that, in agreeing to these Terms and Conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions.

  4. The Company reserves the right to change any of these Terms and Conditions at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Website. The Trader’s continued use of the Website or the Service following the posting of changes will constitute its acceptance of such changes.

  5. The invalidity, illegality or unenforceability of any provision of these Terms and Conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.

  6. Notwithstanding any other provision in these Terms and Conditions, 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 rely upon or enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party which exists or is available apart from the Act.

  7. The Company’s failure to exercise or enforce any of its rights hereunder will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.

  8. Nothing in these Terms and Conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

  9. These Terms and Conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these terms and conditions.

 

REFERING A NEW TRADER TO THE SITE BY AN EXISTING MEMBER

The following Terms and conditions apply in addition to our standard “Terms and Conditions of Use” as well as our standard “Terms and Conditions of Business” , with regards to an existing member wanting to obtain a referral fee for recommending our service to a new member.
 
1. All existing members are eligible at any time during their membership to receive a referral fee by recommending our service to a colleague, friend or family member.

2. There is no limit on the number of referral fees any one trader can receive during their membership term.

3. The referral fee awarded to the existing customer will be a fixed percentage of the new member’s membership fee (excluding VAT), after any and all discounts have been applied.

4. The new member must quote the existing members membership number when registering with this site.

5. Any mistakes and omissions on the part of the new member to not quote the existing members membership number cannot be corrected afterwards, and as such no correspondence regarding this will be entered into.

6. The referral fee will be paid in the form of a cheque made payable to the name of the business and sent to the registered address of the existing member.

7. The accumulated total of any referral fees that a member has earned will be posted on a monthly basis.

8.  Only existing members are eligible to receive any referral fees, if the existing member’s membership has lapsed or expired, no referral fee can or will be paid.

 

MEMBERSHIP DISCOUNTS FOR NEW AND EXISTING MEMBERS

1. Discount codes can only be applied online by either the new registrant or the existing member, and they cannot be used retroactively by either members of this site or the site administrators.

2. All discount codes have an expiry date, be sure to use it before the date you were given, as it will cease to work beyond that date.

3. Some discount codes are also limited in the number of times they can be used by members or new members, this is in addition to an expiry date as well. To avoid disappointment, ensure you use the discount code sooner rather than later. 

4. Any discount code which you may have used or have been given to use, can only be used to discount your membership plan (Bronze, Silver and Gold), they cannot be used to discount other services (eg urgent services listing, additional categories) that we offer.

5. Our discount codes are not for sale and have no value at all. we have no agents selling our discount codes on our behalf, and would urge anyone who is approached by a third party with a discount code for sale to not purchase the discount code and to contact us as soon as possible.

6. Platinum memberships are exempt from any and all discount codes we either currently or will have, as these plans are customised to that member and are subject to different discounts, which are unavailable online

7. To receive your discount insert the code exactly as it appears (codes are capital letter sensitive) into the discount code box either on sign up or renewal. Your discount will then be displayed on the payment summary page, prior to you entering your card details / making your payment.

8. If you are unsure of the validity of the voucher you have been given or suspect it is incorrect,or have any questions, please email us at info@compareatrader.com

Use of this website represents your acceptance of our Terms of Use
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