The Estimating Group Terms and conditions
Terms and Conditions
1) `Theestimatinggroup` is the trading name of The Estimating Group LTD. Registered as a company in England and Wales (company number 11160178). Registered Office: 71-75 Shelton Street Covent Garden, London, United Kingdom, WC2H 9JQ.
2) `Website` means the website listed at www.theestimatinggroup.co.uk/
3) `You or Your` means either the Main Contractor, Builder, Subcontractor, Supplier, Developer, Self-employed, Freelancer, Consultant or Private Client.
Acceptance of Terms
4) Your access to and use of Theestimatinggroup.co.uk (the Website) and the Services (defined below) are subjects exclusively to these Terms and Conditions.
5) The services and/or Website cannot be used for any purpose that is unlawful or prohibited by these Terms and Conditions.
6) By using the Website and/or Services we are providing you are fully accepting the Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using the Website and/or Services.
7) Theestimatinggroup.co.uk reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website and/or Services following any changes shall be deemed to be your acceptance of such change. It is your responsibility to check our Terms and Conditions regularly for any changes.
8) Theestimatinggroup.co.uk may update the Website from time to time and may change the content at any time.
9) These Terms and Conditions were last updated on 13 April 2020
10) Theestimatinggroup.co.uk lists Subcontractor details given by the Subcontractor to Theestimatinggroup.co.uk. Theestimatinggroup.co.uk makes no recommendations of the Subcontractor, its details, status or ability to undertake trades, work or the range of the values of the works the Subcontractor lists as undertaken.
11) Theestimatinggroup.co.uk lists Suppliers details given by the Supplier to Theestimatinggroup.co.uk. Theestimatinggroup.co.uk makes no recommendations of the Supplier, its details, status or ability to undertake trades, work or other services the Supplier lists as available.
12) Theestimatinggroup.co.uk lists Freelancers and Consultants details given by the Freelancers and Consultants to Theestimatinggroup.co.uk. Theestimatinggroup.co.uk makes no recommendations of the Freelancers and Consultants, their details, status or ability to undertake trades, work or other services the Freelancers and Consultants lists as available.
13) Theestimatinggroup.co.uk lists Permanently and Self Employed details given by the permanently or Self Employed to Theestimatinggroup.co.uk. Theestimatinggroup.co.uk makes no recommendations of the permanent and Self Employed, their details, status or ability to undertake trades, work or other services the permanent or Self-Employed lists as available.
14) Theestimatinggroup.co.uk lists Main Contractors, Builders and Developers details given by the Main Contractors, Builders and Developers to Theestimatinggroup.co.uk. Theestimatinggroup.co.uk makes no recommendations of the Main Contractors, Builders and Developers, their details, status or ability to undertake trades, work or other services the Main Contractors, Builders and Developers lists as available.
15)The Estimating Group Ltd provides Estimating and Quantity surveying services.
Access to the Website
16) Theestimatinggroup.co.uk does not guarantee that any content contained on the Website will always be available or be uninterrupted.
17) You are responsible for making all arrangements necessary for your access to the Website.
18) Your access to the Website is permitted on a temporary basis only.
19) Theestimatinggroup.co.uk may suspend, withdraw, discontinue or change all or any part of the Website without notice to you.
20) Theestimatinggroup.co.uk will not be liable to you for any reason if the Website is unavailable at any time for any period.
Intellectual Property Rights
21) The Website and its content in full are protected by copyright, trademark, intellectual property rights and laws. In accessing the Website, you agree that you will access the contents solely to access for the use in connection with a construction project (secured/tender).
22) None of the content contained on the Website may be copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Theestimatinggroup.co.uk/.
23) When you upload any content (all the submission documents for the databases, including any other text or photographs) to the Website, you assign all rights in such content to Theestimatinggroup.co.uk.
24) You agree to Theestimatinggroup.co.uk using the company name and contact details you submit in connection with the content you upload.
25) You agree that once you have submitted content to the website, the content will become the property of Theestimatinggroup.co.uk.
No reliance on information
26) The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.
27) Although Theestimatinggroup.co.uk makes reasonable efforts to update the information on the Website, please note that the content contained on the Website may not be current at any time.
28) You agree to use the Website for lawful purposes only and not:
In any way that breaches any applicable local, national or international law or regulation.
In a way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purposes of harming or attempting to harm any person, business or entity in any way.
To undermine the purpose and provision of Services.
To act in competition with the Services.
To violate the privacy of others.
To transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of solicitation.
To reverse engineer, decompile, disassemble, decipher or otherwise derive the code used on the Website.
To use any robot, spider, scraper, or other automated means to access the Website; or
To reproduce, duplicate, copy, sub-license, broadcast, distribute, sell, re-brand or re-sell any part of the Website (without Theestimatinggroup.co.uk express written consent).
Links to third party websites and linking to the Website
29) The Website/Services may include links or adverts to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Theestimatinggroup.co.uk has no control over such websites and is not responsible for the content or availability of any such websites.
30) You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation, Website or takes advantage of it.
31) You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Theestimatinggroup.co.uk where none exists.
32) Theestimatinggroup.co.uk reserves the right to withdraw linking permission without notice.
33) Theestimatinggroup.co.uk cannot guarantee that the Website will be secure or free from viruses or bugs.
34) Theestimatinggroup.co.uk will not be liable for any loss or damage caused by a virus, or any other technologically harmful material that may infect your computer equipment, data, computer programs or other proprietary material due to your use of the Website or to your downloading of any content on the Website, or linked to the Website, where Theestimatinggroup.co.uk have taken reasonable security to prevent this.
35) You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
36) You agree to indemnify and hold Theestimatinggroup.co.uk, its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Theestimatinggroup.co.uk by any third party arising out of your use of the Services, visiting the Website and/or any content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) however suffered or incurred by Theestimatinggroup.co.uk in consequence of your breach of these Terms and Conditions.
Disclaimers and limitation of liability
37) The use of the Website and its Services is at your own risk. The Website/Services are provided on an as-is basis without any representation or endorsement made without a warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
38) To the extent permitted by law, Theestimatinggroup.co.uk will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
39) Whilst Theestimatinggroup.co.uk makes reasonable efforts to ensure that all information it provides is accurate, Theestimatinggroup.co.uk makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error-free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
40) Theestimatinggroup.co.uk will not be liable to you for any loss suffered (even if such loss is foreseeable) in relation to your use or inability to use the Website, any inaccuracies or delays on the Website or any reliance by you on content contained on the Website.
41) Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Theestimatinggroup.co.uk for death or personal injury as a result of the negligence of Theestimatinggroup.co.uk or that of its employees or agents.
42) Nothing in these terms and conditions affect your statutory rights as a consumer.
43) You hereby expressly agree not to hold Theestimatinggroup.co.uk (or Theestimatinggroup`s agents, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the website or associated Services and Theestimatinggroup.co.uk expressly disclaims any liability whatsoever for any damage, suits, claims, and or/or controversies that have arisen or may arise, whether known or unknown therefrom.
Uploading content to the Website
44) If you are over the age of 18 you are permitted to upload content. Where you upload content to the Website you must ensure that all content uploaded meets the following Content Standards:
Is accurate, true, up to date, genuine and not misleading.
Is relevant and appropriate.
Complies with applicable law in the UK and in any country from which the content is posted or viewed and does not promote illegal activity.
Does not infringe the copyright or any intellectual property rights of any person and where such content relates to an image, you must ensure that all necessary contents and authorisations have been obtained.
Does not contain material, which is or potentially could be defamatory, obscene, aggressive, offensive, hateful, inflammatory or rude.
Does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Is not threatening, abusive or invades others privacy or causes annoyance, inconvenience or needless anxiety.
Does not impersonate any person or misrepresent identities or affiliations.
Meets the Content Standards.
Where content you upload does not comply with the Content Standards or requires clarification, Theestimatinggroup.co.uk may contact you for further information, before publishing such content.
You warrant that all content you upload shall comply with the Content Standards, and you agree to indemnify Theestimatinggroup.co.uk for any loss Theestimatinggroup.co.uk suffers as a result of your failure to comply with the Content Standards.
Theestimatinggroup.co.uk will not be responsible, or liable to any third party, for the content or accuracy of any content uploaded by you to the Website.
Theestimatinggroup.co.uk reserves the right to remove or withhold any content at any time, which it considers, fails to adhere to the Content Standards set out above.
Theestimatinggroup.co.uk reserves the right to edit the content you upload to amend spelling, grammar, punctuation, length, for the purposes of clarity and to ensure that the content can comply with the Content Standards.
45) Theestimatinggroup.co.uk will determine at its discretion, whether you have failed to comply with these Terms and Conditions. Failure to comply with these Terms and Conditions constitutes a material breach and may result in Theestimatinggroup.co.uk:
Temporarily or permanently withdraw your access to the Website
Commence legal proceedings against you for your actions
Disclose necessary information to law enforcement authorities.
46) Unless otherwise instructed by you, Theestimatinggroup.co.uk will from time to time issue a newsletter to your contact email address.
Cancellation and refunds
47) We offer a full money-back guarantee for all purchases made on our website. If you are not satisfied with the product that you have purchased from us, you can get your money back no questions asked. You are eligible for a full reimbursement within 14 calendar days of your purchase.
48)After the 14-day period, you will no longer be eligible and won't be able to receive a refund. We encourage our customers to try the product (or service) in the first two weeks after their purchase to ensure it fits your needs.
49)Where a service is supplied before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. Our cancellation fees are £15.
47) If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
48) These Terms and Conditions shall be governed by and construed in accordance with the law of Northern Ireland, Scotland England and Wales and you hereby submit to the exclusive jurisdiction to the courts of England and Wales