Terms of Use

These Terms of Use relate to consumer use of this platform. If you are an installer / service provider, you will have separate terms of use, details of which will be provided at the point of registration. Please read these terms and conditions carefully before using this platform. If you do not agree to these terms and conditions, you must not use our service.

Commercial use of this platform is strictly prohibited

This platform is for the exclusive use of consumers wishing to engage the services of tradespeople in connection with specific home improvement projects within their home, using the platform to transact. Commercial use of this service, including the harvesting of data relating to pricing or contact information for tradespeople, is strictly prohibited and subject to penalty. Particular attention is drawn to the section on Misuse of this Platform, found at the foot of these terms.

What’s in these terms?

These terms tell you the rules for using our platform. We provide a platform that allows consumers and installation businesses to connect with each other on an installation marketplace. The service can be accessed through a PC and other devices. The marketplace is delivered by digital platform whereby the installation businesses provide consumers with an independent home improvement service (our platform). 

Who we are and how to contact us

This is a platform owned/licenced and operated by Protected Home Improvement Network Limited (t/a “Protect My Install”) (“We”). We are registered in England and Wales under company number 11739768 and have our registered office at 44-54 Orsett Road, Grays, Essex RM17 5ED.

We are a limited company. To contact us, please email support@protectmyinstall.co.uk.

By using our platform you accept these terms

By using our platform, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the platform.

Our platform is only for users in the UK

Our platform is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Disclaimer

We make no representations or warranties to you of any kind, express or implied, as to the operation of the platform or the information, content or materials included on the platform.

No advice

The platform provides access to a Trading Standards approved contract setting out the terms of engagement between you and your installer. It considers that Part II of the Housing Grants, Construction and Regeneration Act 1996 does not apply. You are free to take your own legal advice on the suitability of the contract.  
Data submitted by you

In using the platform, you must ensure any data or information you submit or send:

(a) is accurate (where it states facts);

(b) is genuinely held (where it states opinions); and

(c) complies with applicable law in any country from which it is posted, and that you have all necessary permissions to place such information (including personal information) on the platform.  

No reliance

We are not responsible for any loss, damage or cost resulting from any decisions that are made in reliance on the platform, including legal, compliance and/or risk management decisions. You agree that you use the services at your own risk in these respects.

Our right to make changes

We may change our platform:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

How you may use material on our platform

We are the owner or the licensee of all intellectual property rights in our platform.

Your obligations

The Protect My Install platform assists with the management of and payment for your installation project. You will use the Platform in good faith and in compliance with these terms of use.

Price and Payment

· A deposit payment of £500 plus VAT is payable into your Payment Account under the Escrow Services Terms on acceptance of the quotation. The deposit can be paid by debit or credit card or bank transfer. Payment of the deposit will secure your installation date.

· Payment of the remaining balance must be made fourteen days before the installation start date.

· During the course of the installation any changes that require an additional payment should be recorded as a contract variation and payment made via the Protect My Install platform before the work is started.

You understand and agree that:

(a) All payments relating to the installation services arranged on our platform are to be made using the escrow protected payment service as directed by the Protect My Install Portal.

(b) Any monies paid outside of the escrow facility are not protected and that you make any such payments at your own risk.

(c) The escrow protected payment facility is provided by a third-party provider, Shieldpay Limited, a Company registered in England & Wales (number: 08649018), who’s registered office is at: 3rd Floor, 1 Ashley Road, Altrincham, Cheshire (“Shieldpay”).

(d) All payments are processed by Shieldpay subject to, and in accordance with, Shieldpay Payment Services Terms.

(e) Funds held in the escrow protected payment facility will be released to the installer as specified in the Shieldpay Escrow Services Terms, and in accordance with your Independent Installer Agreement.

Project sign off

· At the end of the installation a project completion form will be completed by the installer and sent to you via the Platform;

· On receipt it is your responsibility to confirm that the project is complete authorising that funds can be released to your installer. If you do not agree that the job is complete and cannot resolve this with your installer you must register a dispute via the platform (see below).

· If no action is taken funds will be released in line with the Shieldpay Escrow Services Terms [insert a link] and in accordance with your Independent Installer Agreement.

Disputes

·  You may raise a dispute with your installer before, during or after the installation. All disputes must be logged on the Protect My Install platform.

· Where you are unable to resolve a dispute with your installer directly, we offer assistance to resolve the dispute using our Alternative Dispute Resolution Provider, but we are under no obligation to do so. We will not accept a dispute relating to a contract undertaken outside of the Protect My Install platform.

· In relation to any disputes between the parties to these Terms of Use, each party irrevocably agrees that, prior to the commencement of any action before the courts, any dispute or claim that arises out of or in connection with these Terms of Use or its subject matter or formation (including non-contractual disputes or claims) shall: (a) first be dealt with by representatives from each party meeting to discuss the matters in dispute within 20 Business Days of one party notifying the other of a dispute; (b) (if the dispute cannot be resolved at the meeting) either party can take the dispute to court.

Alternative Dispute Resolution Provider

· As part of the Protect My Install platform service we shall maintain a contract with a suitably qualified provider of Alternative Dispute Resolution to seek resolution of disputes between you and the consumer.

· The ADR Provider shall be an approved ADR entity in accordance with the provisions of the Alternative Dispute Resolution for Customer Disputes (Competent Authorities and Information) Regulations 2015.

· Our current ADR Provider is QA Scheme Support Services Ltd t/a Dispute Assist, Centurion House, Leyland Business Park, Centurion Way, Farington, Leyland PR25 3GR.

· Details of the ADR Provider are available via the Protect My Install platform.

·       Disputes raised in this way are within the compulsory jurisdiction of our ADR provider. You agree to submit to this jurisdiction.

·       Our ADR Provider may refuse to accept a dispute if, in their opinion, it is frivolous, vexatious or repetitive.

·       You have a duty to cooperate with our ADR Provider. In particular, you shall respond to their enquiries in a reasonable timescale, provide them with supporting materials and evidence and such other reasonable assistance as may be necessary to consider the dispute.

·       Our ADR providers may determine that it is necessary to appoint an expert specialist to assess your product or the installers workmanship. You have a duty to cooperate with our expert specialist. In particular, we expect you to respond to our expert specialist’s enquiries in a reasonable timescale, provide them with supporting materials and evidence and such other reasonable assistance as may be necessary to provide an informed opinion on your product or workmanship.

·       Our ADR Provider is entirely independent of us. They will reach an independent and impartial determination on how to resolve the dispute between you and your installer. Our ADR Provider will provide you and your installer with notice of their interim determination and if it is accepted by both parties, it will be a final award.

·       If it is not accepted by both parties, our ADR Provider will escalate the case to an approved adjudicator. The adjudicator in this case is the Dispute Resolution Ombudsman, Premier House, First Floor, 1-5 Argyle Way, Stevenage, SG1 2AD.

·       As the consumer, you are not legally bound to comply (unless you have agreed to an interim award), but in any subsequent court proceedings relating to the dispute, we will provide a copy of an interim or final determination of our ADR Provider to the court.

· You agree not to commence any claim in a court against your installer whilst our ADR Provider is considering the matter, without the consent of our ADR Provider (save where required to protect against the imminent expiry of any limitation period).

Our responsibility for loss or damage      

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the these terms were accepted, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987

We are not liable for business losses. We only give access to the platform to you for domestic and private use.

Other important terms

We may transfer the platform to someone else. We may transfer our rights and obligations under these terms to another organisation.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

Nobody else has any rights under these terms. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms 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.

Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching these terms, 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.

Which laws apply to these terms and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products 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.

Misuse of this Platform

This platform allows consumers and registered installation businesses to connect and transact with each other within this marketplace only, and should therefore only be used for this purpose. If you are considering using the platform for any other purpose, you should not proceed as this will be deemed as misuse.

It will be considered a misuse of this platform if installers or installation businesses are sourced and approached directly or indirectly, with either the intention to bypass the platform (ie transact outside the platform) or if the approach concludes with a transaction outside the platform.

As an example, if you are a consumer, retailer, other business or organisation (or represent any of the aforementioned) using the platform with an intention to harvest contact information for use outside the platform, this will be considered misuse.

You therefore understand that misuse will result in loss for us. In the event of your misuse of the platform as outlined above, you agree to pay us damages.

You shall pay these damages on demand.

You agree that such damages may include the following types of loss:

· loss of profits;
· loss of sales or business;
· loss of agreements or contracts;
· loss of anticipated savings;
· loss of or damage to goodwill; and
· indirect or consequential loss.

Furthermore, data stored and published within this platform is protected by The General Data Protection Regulation (2016). Data is intended for bonafide use only (ie. platform transactions) and therefore misuse of the platform may be viewed as a breach of data protection legislation.

These terms were last updated: 30/5/2022

ENDS

Consumer

Installer

Retailer

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