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TheOddJob.co.uk Terms of Use

Introduction

Welcome to www.theoddjob.co.uk (the "Site").

It is important that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these terms of use which are designed to make sure that the Site works for everyone and set out the legally binding terms to govern your use of this Site (“Terms of Use”). Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

Acceptance of these Terms of Use

If you do not agree with any of these Terms of Use please do not use this Site. By using this Site you signify your consent to these terms.

Some areas of this Site or activities on this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated.

Please note that these Terms of Use may be revised and reissued by updating this posting. Changes to the Terms of Use will be effective when posted to the Site. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will signify your acceptance of any revisions and explicit renewal of your consent. These Terms of Use were last updated on April 2011.

How to Contact us

This Site is owned and operated by The Odd Job Solution Limited, Heatherside, Stratford Road, Ash Vale, Hampshire, GU12 5PT, registered in the United Kingdom with number 7195677 (“The Odd Job”).

If you have any comments or complaints about the Site, or would like to report a problem or any misuse of the Site, please contact us by clicking here.

Description of the Odd Job’s Service

The Site is an open medium where users may post their details to advertise services such as babysitting, DIY, gardening, house sitting and any other services that may be listed on the Site’s Search for Service page from time to time (“Services Providers”). Service Providers’ details will be made available to other users (“Customers”) seeking to make use of services offered by the Service Providers. The Site makes provision for Customers to engage the Service Providers to provide the services offered.

Neither The Odd Job nor the Site is an agency. The Site functions as a search tool for Service Providers to advertise their services and Customers to locate and contact Service Providers living or willing to work in the areas where Customers require services. The Odd Job shall not be a party to, benefit from, or be subject to any obligations under any agreement between any Customers and Service Providers arising out of their use of the Site. The Odd Job does not carry out any background checks on Customers or Service Providers. Customers should satisfy themselves that any Service Providers they locate through use of the Site are suitable, capable and legally authorised to provide the services they are offering, and Service Providers should satisfy themselves that any Customers by whom they are approached, are suitable, capable and legally authorised to receive the services they are requesting.

Your Registration

To access the Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of your use of this Site that all the details you provide are correct, current, and complete. If we believe the details are not correct, current, or complete, we reserve the unconditional right to refuse you access to or use of the Site or any of its resources, and to terminate or suspend your account and/or registration.

You must not register on the Site if you are under 18 years of age. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use and that they will be legally enforceable against you to the maximum extent permitted by applicable law (i.e. that you are at least 18 years of age, of sufficient mental capacity and are otherwise entitled to be legally bound in contract). If we learn that we have collected personal information from a child aged under 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 18, please notify us through the Contact Us page.

Online Privacy Policy

Your privacy is important to us. To better protect your privacy, we provide a Privacy Policy explaining our online information practices and the choices you can make about the way your information is collected and used at or in connection with this Site. Click here to view and/or print a copy of this Policy, which forms part of these Terms of Use. By accepting these Terms of Use you shall also be deemed to have accepted the terms of the Privacy Policy.

Using Information from the Site

As a Customer or Service Provider, you may use personal information available on the Site only to follow up with another user about a specific posting. You must not send spam or otherwise collect personal information about other users of the Site without their express consent.

Content

The Site contains content posted by The Odd Job, Customers and Service Providers. This Site and any materials incorporated by The Odd Job on this Site including, without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audiovisual works, designs, logos, software and any other content are protected by copyrights, patents, trade secrets or other proprietary rights owned by the Odd Job and/or its licensors. Some of the logos or other images incorporated by The Odd Job on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by The Odd Job or other third parties. The Odd Job respects the intellectual property rights of others and asks users of this Site to do the same. You agree not to copy, distribute or modify content from the Site without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Site (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement

You agree not to post content that infringes any rights of third parties. This includes, but is not limited to; content that infringes the intellectual property rights, such as copyright and trademark rights of third parties (e.g. misrepresenting your services as being connected with similar services provided by third parties). A large number of varied products and services are offered on the Site by Service Providers in the UK. Please be aware that the owners of copyright, trademark rights or other rights can report any offers which many infringe upon their rights to The Odd Job and request that the offending content or offer be removed from the Site.

Claims of Infringement

If you believe that any content appearing on this Site infringes your intellectual property rights and or any other consumer protection or related legislation, please forward the following information in writing to The Odd Job Solution Limited using the Contact Us page or by post to Heatherside, Stratford Road, Ash Vale, Hampshire, GU12 5PT.

(a) your name, address, telephone number, and e-mail address;
(b) a description of the infringing or unauthorised content;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorised by you, your agent, or the law; and
(e) a statement by you that the information in your notice is accurate, in the case or intellectual property infringements - that you are the intellectual property owner or authorised to act on the intellectual property owner’s behalf, and that you explicitly authorise all members of The Odd Job to use the information in your notice for the purposes of managing your claim. Please note the Privacy Policy shall also apply the information you provide in your notice.

Postings and E-mails

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable laws and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users without obtaining their prior consent to do so. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by The Odd Job) or privately transmitted on or through this Site are the sole responsibility of the sender, not The Odd Job, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

We at The Odd Job require that you do not post e-mails or submit to or publish through Advertisements or otherwise make available on this Site any content, or act in a way, which in our opinion:

(a) libels, defames, invades privacy, stalks, is obscene or vulgar, pornographic, racist, abusive, harassing, threatening or offensive;
(b) seeks to obtain personally identifiable details from children other users, or otherwise seeks to exploit or harm children or other users by exposing them to inappropriate content;
(c) infringes any intellectual property or other rights of any entity or person (alive or deceased), including, without limitation, violating anyone’s copyrights or trademarks or their rights of publicity;
(d) violates any law or may be considered to violate any law;
(e) transmits information which you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement) or otherwise contains personal information relating to another individual and you have not obtained such individual’s consent to disclose such information;
(f) advocates or promotes illegal activity;
(g) impersonates, misleads or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(h) advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles, draws or contests, displaying sponsorship banners, and/or soliciting, whether directly or indirectly, goods or services) except as specifically authorised by The Odd Job on this Site;
(i) solicits funds, advertisers or sponsors;
(j) includes programs which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
(l) copies any other pages or images on this Site except with appropriate authority;
(m) amounts to a ‘pyramid’ or similar scheme;
(n) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or a large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(o) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
(p) contains the image of any person without their written permission to post the image on the Service;
(q) undermines the feedback or ratings systems (such as displaying, importing or exporting feedback information to other websites or for using it for purposes unrelated to the Site); and/or
(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by The Odd Job anywhere on this Site (e.g., on any web space made available for your use).

You understand that by using the Site, you may be exposed to materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of materials found on the Site. You further acknowledge and agree that you will not rely on any content available on or through the Site, or use such content as a substitute for professional advice.

System Abuse

Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e. emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e. unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

You acknowledge, consent and agree that The Odd Job may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the Terms of Use; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of The Odd Job, its users and the public.

Disclaimer of Warranties

Your use of the Site is at your own risk. The Odd Job does not carry out any background checks on Service Providers, Customers or any other users. The Odd Job provides no warranty that any Service Providers are licensed, legally authorised, or otherwise capable of providing the services they are offering on the Site and The Odd Job provides no warranty that the Customers are licensed, legally authorised, or otherwise capable of receiving the services provided by Service Providers.

The Site, information, software, facilities, services and other content in the Site are provided “as is” and “as available” without any warranties of any kind, either express or implied from The Odd Job. To the fullest extent permissible pursuant to applicable law, the Site, The Odd Job and any subsidiaries or affiliated companies of the Odd Job disclaim any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights.

The Odd Job does not warrant that the functions contained in the Site will be available, uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful components. The Odd Job does not warrant or make any representations regarding the use or the results of the use of the Site, information, software, facilities, services or other content on or made available on the Site or any web sites linked to the Site in terms of their correctness, accuracy, reliability, or otherwise. The Odd Job makes no warranties that your use of the Site, information, software, facilities, service or other content in the Site or any other web site will not infringe the rights of others and The Odd Job assumes no liability or responsibility for errors or omissions in The Site or such information, software, facilities, service or other content on the Site or any other web site.

If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

Limitation of Liability

You agree not to hold The Odd Job responsible for the actions of users of the Site.

The Odd Job does not review users' postings and is not involved in the transactions between Customers and Service Providers. As most of the content on the site comes from users, The Odd Job does not guarantee the accuracy of postings (including the truth or accuracy of customer feedback) or user communications or the quality, safety, or legality of what's offered.

Under no circumstances does The Odd Job accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

The Odd Job disclaims any and all liability whether based in contract, tort (including negligence), strict liability or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the Site or any other web site, or the material, information, software, facilities, forums, services and/or other content on the Site or any other web site, regardless of the basis upon which liability is claimed and even if any member of The Odd Job has been advised of the possibility of such loss or damage. Without limitation, you (and not any member of The Odd Job) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. Nothing in these terms of use shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

The Odd Job shall not be liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Site, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Notwithstanding, the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total of any fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 pounds sterling.

Advertisements

The content, information and any opinions included and/or expressed in or on advertisements (including without limitation any feedback provided by customers) (“advertisements”) are not those of The Odd Job or its related entities or content providers. The content of advertisements is not the responsibility of The Odd Job. The Odd Job may remove or modify any content without notice or liability at any time in The Odd Job’s Sole discretion only to the extent permitted by applicable law. Any use of advertisements will be at your own risk and will be subject to the disclaimers and limitations on liability set out above only to the extent permitted by local law.

Security

Any user names and passwords used for this Site are for individual use only. You shall be responsible for the security of your user name and password (if any). You agree to accept responsibility for all activities that occur under your account, user name or password. You agree not to use the username or password of another The Odd Job user at any time. The Odd Job shall be entitled to monitor your user name and password and, at its discretion, require you to change it. If you use a user name and password that The Odd Job considers insecure, The Odd Job will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, The Odd Job reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Investigations

The Odd Job reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to this Site or any Forum. The Odd Job may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. The Odd Job may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If The Odd Job believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. The Odd Job will fully cooperate with any law enforcement authorities or court order requesting or directing The Odd Job to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use or any applicable law. By accepting these Term of Use you waive and hold harmless all members of The Odd Job from any claims resulting from any action taken by any member of The Odd Job during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either a member of The Odd Job or law enforcement authorities.

Service

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment and pay all costs necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).

The Odd Job reserves the right at any time to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local Regulations

The Odd Job makes no representation that the contents of the Site are appropriate or available for use outside the United Kingdom, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United Kingdom or the country you reside in.

Indemnity

You agree to indemnify and hold harmless The Odd Job and its officers, directors, employees, agents, distributors and affiliates from and against any and all losses, claims, demands, liabilities, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto The Odd Job’s servers, and/or from any and all use of your account.

Third-Party Sites

This Site may contain advertisements for or links to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of The Odd Job, and you acknowledge that (whether or not such sites are affiliated in any way with The Odd Job) The Odd Job is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such an advertisement or link does not imply endorsement of any site by The Odd Job or any association with its operators.

The Odd Job cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Site since other shop channels are owned and operated by independent retailers. The Odd Job does not endorse any of the merchandise, nor has The Odd Job taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. The Odd Job does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Jurisdictional Issues

All contents of this Site are presented solely for the purpose of providing information in the United Kingdom, its territories, possessions, and protectorates. Information contained on this Site may not be appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access this Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of England. You hereby consent and submit to the exclusive jurisdiction of the courts of England for any action however so arising out of these Terms of Use.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.