Last Updated: 5 January 2024
1. Introduction
1.1 These terms and conditions, in conjunction with the Terms of Service and cookies and privacy policy, shall govern your use of our website and all other associated websites, including but not limited to www.double-glazing-windows.co.uk and www.fenestration-directory.co.uk. The list of websites may change without notice.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website may contain links to other websites. This does not signify that we endorse any of the content on these external website(s). We have no responsibility for the content of the linked website(s) and you will be entering into a contract, if applicable, directly with that website and not us.
2. Copyright notice
2.1 Copyright (c) since 2018 | Double-Glazing-Windows.co.uk
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Permission to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) stream audio and video files from our website using the media player on our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4. Misuse of website
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Use on behalf of organisation
5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
6. Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must be either (a) resident or (b) situated in the United Kingdom or (c) have legitimate interest for creating an account aimed at promoting/marketing a fenestration-related business or (d) a business outside of the fenestration industry with legitimate interest in promoting to our website users.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7. User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID (username) and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 16; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
8.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.
8.3 If you cancel or delete your account, we reserve the right to take ownership of or transfer the associated listings, blogs and any other content, in edited or in original form, to another user.
9. Directory
9.1 We publish a directory of all businesses fenestration-related on our website and you may use the directory for promoting/marketing your business to end-users and other fenestration businesses.
10. Free directory listings
10.1 You may submit a free listing to our directory by following this process: you may choose a free listing which shall be strictly restricted to content focused on showing the title and a general overview of the business through the business description section. No website links, images, contact details or social media links are permitted. See pricing plans for further details.
10.2 If we accept your free directory listing submission, it will remain published on our website indefinitely, subject to termination or deletion in accordance with these terms and conditions.
10.3 We may delete a free directory listing at any time, with or without notice to you.
11. Paid directory listings
11.1 You may submit a non-refundable paid listing to our directory by following this process: You may choose a paid listing which may include content without restrictions but which must abide to the clauses set out in these terms and conditions. See pricing plans for further details.
11.2 You will have the opportunity to identify and correct input errors after making your order by emailing us or using the edit button on the user dashboard.
11.3 Paid submissions include the following benefits, subject to change without notice: see pricing plans for further information.
11.4 If we accept a paid directory submission, it will remain published on our website for the duration mentioned on the plan, subject to termination or deletion in accordance with these terms and conditions.
11.5 We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 11.5 before the end of the period in respect of which listing fees have been paid, we will refund to you a portion of those listing fees reflecting the unexpired listing period, such portion to be calculated by us on a pro rata basis using any reasonable methodology.
12. Rules about directory submissions
12.1 Each submission to our directory must be a listing in respect of either (a) promoting a fenestration-related business or (b) promoting a business outside of the fenestration industry but with legitimate interest and reason to target website users.
12.2 For the avoidance of doubt, your directory submissions constitute “your content” for the purposes of Section 15 and Section 16, and must comply with the acceptable use rules set out in Section 4.
12.3 You must keep your directory submissions up to date using our website interface.
12.4 Your directory submissions must not relate to any unlawful business, product or service; and you must not make any directory submission with a view to conducting any unlawful activity or entering into any unlawful contract or arrangement.
12.5 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions.
12.6 If we reject or delete a directory submission in accordance with this Section 12, we will not refund any applicable charges.
13. Fees
13.1 The fees in respect of our website services will be as set out on the website from time to time.
13.2 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
13.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
13.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
13.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
13.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of £25 exluding VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 13.6 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 13.6.
13.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
13.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
14. Our role
14.1 You acknowledge that:
(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
(b) we may from time to time, though not necessarily obliged to do so, check, audit or monitor the information contained in advertisements or listings or blogs;
(c) we are not party to any contract for the sale or purchase of products, digital products or services advertised or listed on the website;
(d) we are not involved in any transactions between website users in any way;
(e) we are not the agents for any website users,
and accordingly we will not be liable to any person in relation to any contract or other arrangement between website users; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract between website users and we will have no obligation to mediate between the parties to any such contract.
14.2 The provisions of this Section 14 are subject to Section 19.1.
15. Our rights to use your content
15.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
15.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, whether or not your account is active or your listing has been deactivated/deleted or you have an active subscription.
15.3 You grant to us the right to sub-license the rights licensed under Section 15.2.
15.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 15.2.
15.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
15.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
15.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
15.8 Upon account closure, whether by us or you, or cancellation of listings or failure to renew a subscription plan or account inactivity for at least 18 months, you agree that we may keep your blogs active online for user interest, subject to Section 20 (Indemnity).
16. Rules about your content
16.1 You warrant and represent that your content will comply with these terms and conditions.
16.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
16.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
16.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
16.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
16.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
17. Report content
17.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
17.2 You can let us know about any such material or activity by emailing us at info@double-glazing-windows.co.uk.
18. Limited warranties
18.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
(e) that the website’s uptime will not be affect by updates, backend developments and other technical changes.
18.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
18.3 To the maximum extent permitted by applicable law and subject to Section 19.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
19. Limitations and exclusions of liability
19.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
19.2 The limitations and exclusions of liability set out in this Section 19 and elsewhere in these terms and conditions:
(a) are subject to Section 19.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
19.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
19.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
19.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
19.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
19.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
19.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
19.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) £0; and
(a) the total amount paid to us under the contract.
20. Indemnity
20.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
21. Breaches of these terms and conditions
21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
21.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
22. Third party websites
22.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
22.2 We have no control over third party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
23. Trade marks
23.1 Double-Glazing-Windows.co.uk, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
23.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
24. Competitions
24.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.
24.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
25. Variation
25.1 We may revise these terms and conditions from time to time.
25.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
25.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
26. Assignment
26.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
26.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
27. Severability
27.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
27.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
28. Third party rights
28.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
28.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
29. Entire agreement
29.1 Subject to Section 19.1, these terms and conditions, together with our other agreements, including our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
30. Law and jurisdiction
30.1 These terms and conditions shall be governed by and construed in accordance with English law.
30.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
31. Statutory and regulatory disclosures
31.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
31.2 These terms and conditions are available in the English language only.
31.3 We are registered in [trade register TBC]; you can find the online version of the register at [URL TBC], and our registration number is [number TBC].
31.4 We are subject to [authorisation scheme TBC], which is supervised by [supervisory authority].
31.5 We are registered as [title TBC] with [professional body] in [the United Kingdom] and are subject to [rules TBC], which can be found at [URL TBC].
31.6 We subscribe to [code(s) of conduct TBC], which can be consulted electronically at [URL(s) TBC].
31.7 Our VAT number is [number TBC].
32. Our details
32.1 This website is owned and operated by Nomad Robin.
32.2 We are registered in [England and Wales TBC] under registration number [number TBC], and our registered office is at [address TBC].
32.3 Our principal place of business is at [address TBC].
32.4 You can contact us:
(a) [by post, to [the postal address given above TBC]];
(b) [using our website contact form TBC];
(c) [by telephone, on [the contact number published on our website TBC]]; or
(d) [by email, using [the email address published on our website TBC]].
Appendix A: Facilitation Services
This section relates specifically to the online quote form.
1. Definition and Interpretations
1.1 In these Terms and Conditions, the following words and expressions have the following meanings:
“we”, “us”, “our” “DGW”: means www.double-glazing-windows.co.uk.
“Customer”, “user”, “you”, “visitor”: businesses and consumers who use the Website to search for a Professional who can provide the professional services they require;
“the Professional”: means the person or business listed on our Website (whether or not the listing is claimed by them) with a profile page displaying their professional services to Customer (visitor);
“the Customer Contract”: the contract between the Professional and the Customer for the provision of the Services;
“the Services”: the professional services provided by a Professional to a Customer;
“the Facilitation Services”: the provision by DGW, providing a platform for a Professional’s contact details, as set out in clause 2;
“the Website”: means www.double-glazing-windows.co.uk, www.fenestration-directory.co.uk and all other websites owned and/or managed by DGW. The website list may be subject to change at any time without notice.
2.The Facilitation Services
2.1. DGW operates the Website which has been established to facilitate introductions between potential customers and professionals on the Website for the provision of a range of services. Our separate website terms of use apply to your use of the Website.
2.2. Visitors will be able to search the Website to find potential professionals, and the Website algorithms will help identify professionals who may be able to meet the Visitor’s requirements. Visitors can also fill out our online form (“Quote Form”), which will result in us putting the Visitor in touch with Professionals who may be able fulfil the criteria provided by the Visitor.
2.3. You confirm that you have read, understood and accept these Terms and Conditions prior to using the Facilitation Services, after which a contract is formed between you and us for the provision of the Facilitation Services. You will enter into a separate contract with any Professionals you wish to instruct to provide you with Services. See below for more information.
2.4. When you have submitted your Quote Form, you will be provided with details of all of the Professionals who may be able to fulfil the criteria that you provided. A maximum of five Professionals will contact you directly and you can opt to contact the Professionals directly. Where we cannot identify any Professionals who may be able to fulfil the criteria you submitted, you will be notified that this is the case, and given the opportunity to expand your requirements.
2.5. You will be entitled to review the information you receive from the Professionals, and may or may not decide to engage a Professional to provide the Services you require. We cannot in any way endorse or confirm that the Professionals identified as a result of the Facilitation Service we offer are able to fulfil your requirements, and it will be your sole responsibility to engage with the Professional to establish whether they can meet your requirements prior to you entering into a Customer Contract. If you do engage a Professional to provide the Services, you will become a customer of the Professional and will enter into a Customer Contract with them. For the avoidance of doubt, the Services are provided to you by the Professional, and not by DGW.
2.6. DGW shall provide a link from the Website to the Professional’s own website (where applicable), and shall include a facility for Customers to review a Professional’s performance which shall be available on the Website for other prospective customers to see.
2.7. Reviews should be honest, based on your own experience, and should not contain racist or sexist content, content which is otherwise offensive, content which condescends certain people or groups, copyrighted material, unlawful content, any personal information or any information which you know to be inaccurate or false. We reserve the right to remove reviews which do not comply with these guidelines, and may ban you from leaving further reviews in the future. Please see our Website Terms and Conditions for further detail.
2.8. DGW has no influence or control whatsoever on the information contained on the Professional’s website and accepts no liability for its content. The content of such third-party websites is the responsibility of the respective Professional. You will need to contract directly with the Professional for any Services you require from them.
2.9. For Visitors: the Facilitation Services shall be provided at no cost. For Professionals: the cost, which may be subject to change without notice, of the Facilitation Services shall correspond to the chosen listing package.
Important:
DGW acts only as a facilitator of the introductions referred to above, and the provision of any Services by a Professional to a Customer will be subject to an entirely separate legal contract. If there are any issues with performance of those Services by the Professional, you will have legal rights of redress against the Professional directly, and not against DGW.
3.Ending our contract
You can always end your contract with us, and you can do this by ceasing to use the Facilitation Services. If you have opened a customer account on the Website, you will need to contact us by email, phone or post using the details listed above.
4.Data Protection
Please see our Privacy Policy and Cookie Policy for more information on how your personal information will be used.
5.Liability
5.1. As provided for in Clause 2 above, you acknowledge that the contract for the provision of the Services is between you and the Professional and as such, it is the Professional who is responsible for the provision of the Services to you. DGW shall have no liability to you whatsoever in respect of the provision of the Services and / or your dealings with any of the Professionals who are listed on the Website.
5.2. Nothing in these Terms and Conditions limits or excludes our liability to you for:
5.2.1 death or personal injury resulting from negligence;
5.2.2 fraud or fraudulent misrepresentation uploaded by us; or
5.2.3 any other matter for which we are not permitted by law to exclude or limit our liability.
5.3. We accept no liability for the information contained on any third-party websites linked to on our Website and we will not be liable for any loss or damage that may arise from your use of them.
If you are an individual consumer
5.5. Please note that we only provide Facilitation Services to consumers for domestic and private use. You agree not to use the Facilitation Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a business customer
5.6. We exclude all conditions, warranties, representations or other terms which may apply to our Websites or any content on it, whether express or implied.
5.7. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Facilitation Services. In particular, we will not be liable for:
5.7.1 loss of profits, sales, business, or revenue;
5.7.2 business interruption;
5.7.3 loss of anticipated savings;
5.7.4 loss of business opportunity, goodwill or reputation; or
5.7.5 any indirect or consequential loss or damage.
6. General provisions
6.1. We make changes to these Terms and Conditions from time to time. You should therefore check these Terms of Conditions whenever you return to our Website to see whether any changes have been made, as these will be binding on you.
6.2. We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.
6.3. You need our consent to transfer your rights to someone else.
6.4. Nobody else has any rights under our contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
6.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6.6. Even if we delay in enforcing these Terms and Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If you are an individual consumer
6.7. Which laws apply to our contract and where you may bring legal proceedings. These Terms and Conditions are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you are a business customer
6.8.If you are a business user these Terms (and any non-contractual obligations arising out of or in connection with them) are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).
Appendix B: Feeds and Social Media Platforms
1. Feeds
1.1 You may access our RSS and Atom feeds using any compatible feed reader or aggregator.
1.2 By accessing our feeds, you accept these terms and conditions.
1.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our feeds in unmodified form on any non-commercial website owned and operated by you, providing that you must not aggregate any of our feed content with any third party feed when displaying it in accordance with this Section.
1.4 It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where our feed content is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).
1.5 We may revoke any licence relating to our feeds or feed content at any time, with or without notice.
2. Social media platforms
2.1 Our website includes features that enable users to interact with social media platforms – including Facebook, Instagram, Twitter, YouTube, LinkedIn – directly from our website.
2.2 Using the social media features on our website, you may:
(a) share data or content from our website; and
(b) like or upvote content from our website.
2.3 You acknowledge that the use of the social media platforms is subject to the terms and conditions of the relevant platform operator and that the use of any personal data transferred to the platforms is subject to the privacy policy or notice of the relevant platform operator.
2.4 Subject to “Limitations and exclusions of liability” in our Website Terms and Conditions of Use, we will not be liable to you for any loss or damage arising out of:
(a) your use of any social media platform; and
(b) any act or omission of any social media platform operator.
2.5 When using social media features on our website or browsing pages on our website that incorporate social media features, the social media platforms may collect information about you and your use of our website and those features, including by means of cookies. For more information about these cookies and the use of personal data collected by us and by the platforms, see our privacy and cookies policy.
3. Comments and reviews feature
3.1 In order to use the comments and reviews feature on our website, you may need to register with the website. From time to time we may amend the registration process without notice meaning registration may not necessarily be required.
3.2 Comments and reviews may be reviewed and edited before publication, and we reserve the right to decline to publish a comment, and to edit or delete any comment that has been published on our website.
3.3 For the avoidance of doubt, your comments and reviews constitute “your content” for the purposes of sections “Our rights to use your content” and “Rules about your content” in the Website Terms and Conditions of Use.
