Please find below the terms and conditions to this Website. Please read these terms carefully before using our Services.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Agreement from time to time, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Agreement every time you use our Website so that you understand the Agreement. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement are posted.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website.
- “Customer” means any natural person or legal entity who uses the Services (or on behalf of whom the Services are used) in order to solicit the purchase of Works (including, but not limited to, by calling a telephone number advertised on the Website). For the avoidance of doubt, a person or entity may be deemed a Customer, even if they are not a user of this site.
- “Dispute Resolution” means the process through which Mediaz investigates, mediates, and/or resolves any disputes, disagreements or complaints between Customers and Engineers in connection with the Works.
- “Engineer” means any person or entity who has contracted with Mediaz to use or access the Services, in order to solicit the sale of Works to Customers.
- “Services” means the hosting of advertisements, provision of telephone numbers, provision of access to telephone lines, and Dispute Resolution in connection with the Works.
- “Website” means https://spark-electric.co.uk/privacy/ as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
- “Works” means electrical work, emergency electrical work, emergency plumbing, boiler repairs, tap repairs, sink repairs, shower repairs, radiator repairs, pipe repairs, toilet repairs, and any other works as advertised through the Services.
You agree and acknowledge each of the following:
- EACH ENGINEER IS AN INDEPENDENT, SELF-EMPLOYED PERSON AND IS NOT, FOR ANY PURPOSE AN EMPLOYEE OF MEDIAZ.
- NONE OF THE ENGINEERS HAVE ANY AUTHORITY TO ENTER INTO AGREEMENTS OR CONTRACTS ON BEHALF OF MEDIAZ.
- EACH ENGINEER HAS THEIR OWN LIABILITY INSURANCE AND IS GAS SAFE REGISTERED (WHERE STATED AS SUCH), AND IS SOLELY AND FULLY RESPONSIBLE FOR THE WORKS SUCH ENGINEER PROVIDES.
- MEDIAZ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, TIMELINESS, QUALITY, ACCURACY, OR AVAILABILITY OF THE WORKS OR THE ENGINEERS (AS APPLICABLE).
- ANY WORK SOLICITED FROM ENGINEERS IS SUBJECT TO THE CONTRACT BETWEEN THE CUSTOMER AND THE ENGINEER. MEDIAZ SHALL HAVE NO OBLIGATIONS TO INQUIRE INTO, RECORD, INVESTIGATE, GUARANTEE, OR ASSUME THE OBLIGATIONS UNDER ANY SUCH CONTRACT OR ANY TERMS THERETO.
- EACH CUSTOMER IS FULLY LIABLE FOR ANY PAYMENTS TO BE MADE TO ANY ENGINEER UNDER ANY CONTRACTS AGREED BETWEEN THE TWO, AND MUST PAY THE ENGINEER IN CASH AT THE WORK’S COMPLETION ALONGSIDE ALL COSTS AND EXPENSES INCURRED BY THE ENGINEER (OR AS OTHERWISE AGREED BETWEEN THE CUSTOMER AND THE ENGINEER).
- THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AND EACH CUSTOMER’S USE OF THE WEBSITE AND THE SERVICES IS AT YOUR AND EACH CUSTOMER’S OWN RISK (AS APPLICABLE).
- MEDIAZ DOES NOT HAVE THE OBLIGATION TO PROVIDE THE SERVICES, NOR ANY OTHER SERVICE, WORK, OR HELP TO YOU OR ANY CUSTOMER. ALL SERVICES ARE PROVIDED ON A DISCRETIONARY BASIS.
- MEDIAZ HAS THE RIGHT, BUT NOT THE OBLIGATION, TO CONDUCT DISPUTE RESOLUTION. HOWEVER, IF YOU OR A CUSTOMER HAVE A COMPLAINT, PLEASE CONTACT THE RELEVANT ENGINEER DIRECTLY.
- Each Customer covenants that Mediaz shall have the power (but not the obligation) to conduct Dispute Resolution in relation to any disputes, disagreements or complaints between Customers and Engineers in connection with the Works.
- Each Customer covenants that, in the event Works are solicited but subsequently cancelled [less than 10 minutes] before such Works are scheduled to be done, then the Customer shall be liable to compensate the Engineers.
- Representations and Warranties
- You represent and warrant that you have the legal capacity and you agree to comply with this Agreement; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Website for any illegal or unauthorised purpose; and (5) your use of the Website will not violate any applicable law or regulation.
- You represent and warrant that you have read and understand the service terms at https://spark-electric.co.uk/terms/ (as such terms may be updated from time to time).
- You represent and warrant that you are not accessing or using the Website for any purpose other than that for which we make the Website available.
- Term and Termination
This Agreement shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THE AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
YOU SHALL INDEMNIFY AND HOLD MEDIAZ HARMLESS FROM ANY DAMAGES, CLAIMS, LIABILITIES, LOSS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF ANY ACT OR OMISSION IN BREACH OF THE AGREEMENT (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ITS RESPECTIVE REPRESENTATIONS AND WARRANTIES).
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Governing Law
The Agreement and the rights of each party shall be governed exclusively by the laws of England and Wales.
Any dispute arising from the Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then, at Mediaz’s discretion, the dispute can be resolved through binding arbitration.
Below are our terms for the use of this Website, whether as a guest or a registered user – please read these terms carefully before using this Website.
1.1 “https://spark-electric.co.uk/”, “Us”, “Our” and “We” all refer to this Website, or the owner of it, which Website belongs to https://spark-electric.co.uk/
1.2 “You” refers to you the visitor and, or customer.
1.3 “Website” means this website at https://spark-electric.co.uk/
2. Access to website
2.1 You can access most parts of this Website without having to register any details with us. This includes all articles, guides, news and product information pages within the Website.
2.2 It is for you to make the proper arrangements for you to access this Website. You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of this Agreement, and that they comply with it.
2.3 Our Website is intended for people in the United Kingdom. Content available on our site may not be suitable or accessible from other countries. We may restrict the availability of our Website or our services or goods to any person or country at any time without prior notice. If you access our site from outside the United Kingdom, you do so at your own risk.
3. Use of website and services
3.1 Any material that is available free of charge on this Website you are permitted to use for your own personal use, but not for distribution (including sharing or making available for use by others by any means, whether free of charge or for payment) or resale. You promise that you will not resell or otherwise attempt to commercially benefit from the Website content.
3.2 All intellectual property (including without limitation copyright) in this Website and its content belongs to us or our licensors and are protected by copyright laws around the world. You have permission to print one copy and download extracts of any web page(s) from our Website for (a) your personal use and (b) to mention to colleagues in your organisation. You do not have permission to use any illustrations, photographs, video or audio files separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the material on the Website in a derogatory manner.
3.3 Otherwise than in accordance with clause 3.1, no part of this Website may be used without our prior permission.
3.5 We do not guarantee that our Website will be free from bugs or viruses or protected at all times against hacking. You are responsible for setting up your computer to access our Website and using appropriate firewall and virus protection software.
4. Site uptime
4.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this Website is unavailable at any time. We do not guarantee that our Website, or any content on it, will be available uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
4.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues, but shall not be obliged to do so.
5. Visitor conduct
5.2 When using this Website you must not attempt unauthorised access to our Website, the servers on which our Website or database are stored or any servers, computer or database connected to our site, and you shall not post or send to or from this Website any material:
5.2.1 for which you have not obtained all necessary consents;
5.2.2 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; or
5.2.3 which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data.
5.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
5.4 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 5.2.
5.5 If a third party alleges that content posted by you on our site is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party.
6. Your account and password
6.1 If you choose, or you are provided with, a user log-in or password as part of our security procedures, you must keep such information confidential.
6.3 If you suspect anyone else knows your user log-in or password, you must promptly notify us a email@example.com/ . You can also use this email address if you have problems with logging in or access.
7. Links to and from other websites
7.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
7.2.1 you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing;
7.2.2 you do not misrepresent your relationship with us or present any false information about us;
7.2.3 you do not link from a website that is not owned by you; and
7.2.4 your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
7.3 If you choose to link to our Website in breach of Paragraph 7.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
8. Disclaimer and exclusion of liability – please read carefully
8.1 Our Website is made available free of charge. We take reasonable steps to ensure that the information on this Website is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on this Website or the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on this Website at any time and without notice, including corrections. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.
8.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
8.3 All information and services are provided “as is” without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
8.4 Any information on the Website in many cases will be an abbreviated and simplified summary for general use or general guidance only, and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action on the basis of the content of our Website, you must obtain suitable advice from a professional or specialist.
8.5 You use the Website at your own risk – neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the website (whether under these terms and conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
8.6 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website) shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with this Website.
8.7 We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to:
8.7.1 use of, or inability to use, our Website; or
8.7.2 use of, or reliance on, the contents of our Website.
8.8 In addition if you are a business user, we will not be liable to you for:
8.8.1 lost profit or turnover;
8.8.2 interruption or disruption of your business;
8.8.3 your failure to make anticipated savings;
8.8.4 lost business opportunities or damage to your goodwill or reputation; or
8.8.5 indirect or consequential losses.
8.9 In addition if you are a consumer, you agree not to use our site for any commercial or business purposes, and we shall have no liability to you for anything mentioned in Paragraphs 8.8.1 to 8.8.5.
8.10 We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Website or your downloading of any content on it, or on any website linked to it.
8.11 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.
9.1 If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
9.2 Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the use of the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of the Website.
9.3 You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.
9.4 Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.
9.5 We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
10. Governing jurisdiction
10.1 These Terms shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
Version: [August 2019]