DoItForMummy.com

TERMS & CONDITIONS

1              WHO, WHAT AND WHERE

1.1          DoItForMummy Ltd (Company Number 09353560) of 41 Blackfriars Road, Salford M3 7DB (DIFM) grants you a non-exclusive, limited and revocable licence to use and access the DIFM website (www.doitformummy.com) and/or mobile application (Platform) subject to these terms and conditions (Terms). In these Terms, “us”, “we” and “our” refer to DIFM and references to “you” and “your” is to you, the user.

1.2          By using the Platform you agree to be bound by these Terms - if you do not agree with these Terms you must immediately stop using the Platform. 

1.3          You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.

2              BOOKING AGENT ONLY

2.1          DIFM acts only as a booking agent for third party customers (Customer) to engage third party suppliers of services (Service Providers).  You contract with and authorise DIFM to process bookings, take payment and contractually commit the Service Provider and the Customer in respect of the supply of Services in accordance with these Terms.

2.2          These Terms also apply to any contract between the Customer and the Service Provider for the provision of services offered on the Platform (Services). The Customer and Service Provider may enforce any of these Terms against the other party directly in respect of the Services. 

2.3          DIFM is responsible for all returns and refunds.

2.4          We may assist with the resolution of any complaint or dispute relating to the Services, you acknowledge that any legal recourse arising from or in connection with the Services, whether for breach of contract or otherwise, is against the Customer or Service Provider (as applicable) and not against DIFM, notwithstanding anything to the contrary in these Terms or on the Platform.

2.5          You must cooperate with us and comply with all reasonable requirements, including information and documents relating to the Services.

3              SERVICE PROVIDER REGISTRATION & STATUS

3.1          We may accept, reject, suspend or remove registration of a Service Provider in our absolute discretion.

3.2          The Service Provider acknowledges that DIFM and the Customer rely on the accuracy and completeness of information provided by the Service Providers during the registration process.  DIFM will require confirmation of identity, details of any registrations that can be publicly searched, copies of certificates for specified qualifications and insurance.  Any Disclosure and Barring Service (DBS) qualifications will be required current within 3 years of registration.      

3.3          The Service Provider warrants and represents that all information provided to us is accurate, complete and not misleading and remains so, including that:

(a)           Service Provider has the relevant qualifications and experience to perform the Services;

(b)           Service Provider has the necessary immigration status to perform the Services.

3.4          The Service Provider must notify us of any change to such information.

3.5          The Service Provider acts as an independent contractor and not an employee of the customer of DIFM.  The Service Provider shall be fully responsible for any tax and national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with this agreement or the Services. The Service Provider shall indemnify the Customer and DIFM against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of the negligence or wilful default of DIFM. DIFM may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from the payments due to be paid to it under this agreement.

3.6          In consideration for being listed on the Platform, the Service Provider undertakes not to use another third party booking platform offering comparable services for a period ending 12 months after listing or Booking (if any), whichever is later.

4              TERMS OF SERVICE

All Services are supplied via the Platform subject to these Terms:

4.1          Booking

(a)           All Services are subject to availability and specifications are subject to change at any time.

(b)           The Customer will be guided on the Platform through the steps required to book Services (Booking). 

(c)           The Customer is responsible for all details and any errors in a Booking. Should the Customer wish to change any Booking, the Customer must contact DIFM as soon as possible.

(d)           A Booking may be rejected or cancelled at any time by DIFM, including if we discover an error in the price or specifications of the Services. We may give the Customer the choice to vary the Booking. 

(e)           The Service Provider shall be notified of each Booking by email and has sole responsibility for monitoring emails for new Bookings.  The Service Provider may reject a Booking if the Service Provider raises a concern as to legitimacy or safety. Unless rejected within 24 hours or such longer timeframe (if any) specified on the Platform, the Service Provider, the Booking shall be deemed accepted by the Service Provider.

(f)            All Bookings must be made via the Platform and not directly with a Service Provider.

4.2           Prices & Payment

(a)           All prices for the Services are inclusive of VAT and subject to change at any time.

(b)           DIFM may charge you additional fees and charges as specified on the Platform.  Services Providers may be charged commissions and administrative charges..

(c)           Payments must be made in advance by credit card or any other payment method specified on the Platform. Surcharges may apply for certain payment methods.  You warrant that there are sufficient funds on the relevant credit or debit card to pay for all charges relating to any repeat Booking and you will be charged in advance for your next Booking.

(d)           If any amount due remains unpaid, we may charge additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.

(e)           You agree to pay any duties or taxes with respect to the Services.

4.3          Cancellations & Refunds

(a)           If the Customer is a consumer, you have a legal right to cancel any Booking.

(b)           The Customer must cancel a Booking as soon as possible via the Platform and in any event before the earlier of 7 days from the time of Booking or 72 hours before the start time.   If a Booking is not cancelled before then, we may charge the full amount or an administrative fee including as specified on the Platform.

(c)           If the Service Provider does not attend the Service Address at the scheduled time for the Booking, you must notify us as soon as possible via the Platform and in any event within 24 hours. 

(d)           DIFM reserves the right to decide whether or not to make a refund, arrange re-performance or provide a service credit (including for non-attendance). 

(e)           Any refund may be made up to 30 days after notice is given.

(f)            This returns policy does not affect your rights at law, including under the Consumer Protection Act 1987, which cannot be excluded or limited.

4.4          Services

(a)           The Customer must provide us with accurate address information, including your nominated address and instructions for access (Service Address). The Customer must provide a safe and appropriate working environment for Service Providers at the Service Address in compliance with all applicable laws and regulations.

(b)           Whilst every effort will be made by Service Providers to attend at the time of the Booking and comply with all reasonable requests relating to the Services, we cannot guarantee arrival times, including where delay is caused by factors outside our control (such as weather, traffic, equipment failure, accident or illness). Service Providers must endeavour to inform Customers of any unavailability or delay to a Booking.

(c)           The Customer must treat Service Providers courteously and lawfully, and provide all reasonable co-operation and assistance to enable them to effectively perform the Services. 

(d)           The Service Provider shall perform the Services in accordance with industry standards and shall comply with all applicable laws and regulations.

(e)           You agree to communicate within 24 hours of any Booking any and all complaints or grievance relating to the Services to us and comply with any policies on the Platform as may be varied from time to time.  You authorise DIFM to deal on your behalf to resolve any complaint or grievance and agree not to communicate any settlement without approval from DIFM.

5              Platform Conditions of use

5.1          It is a condition of use that:

(a)           You are over the age of 18;

(b)           You have the authority to bind any business on behalf you use our Platform or purchase Services;

(c)           You have authority to use the payment method used to complete any Booking;

(d)           You register on the Platform to perform any Services;

(e)           You only use the Platform for lawful purposes;

(f)            You do not engage in any defamatory, improper, indecent or offensive behaviour;

(g)           You are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Platform;

(h)           You will treat the Platform and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and

(i)            You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Platform.

(j)            You do not breach any of the Terms.

5.2          You are responsible for all content and information published on or sent via the Platform and warrant that information is accurate and honest.  You acknowledge that such content will be made publicly available and that DIFM is not responsible for editing or monitoring such content.  We reserve the right to delete any such content and information in our absolute discretion.

5.3          By using the Platform, you warrant and represent that you will not directly or indirectly circumvent the Platform and that all Services will be booked in accordance with these Terms.  Without limitation, Customers and Service Providers must not contact each other directly unless it is necessary for the performance of the Services booked via the Platform, or book Services or repeat Services outside of the Platform, for a period of 6 months after any Booking.

5.4          You agree and warrant that you will not solicit a user of the Platform to join another competing Platform. 

5.5          You indemnify us for any loss or damage we suffer as a result of your breach of this clause.

6              Platform availability

6.1          You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability.

6.2          We accept no responsibility for the unavailability of this Platform, or any offer of Services found on the Platform, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.

6.3          We make no guarantees, implied or express, as to the ongoing availability of the Platform or Services.

7              Intellectual property

7.1          All content on the Platform is the copyright and property of DIFM and can be used for any purpose relating to the Platform or the business of DIFM. Without the express written permission of DIFM, you shall not copy the Platform for your own commercial purposes, including:

(a)           Replicate or use the details and profiles of any Service Provider;

(b)           Replicate all or part of the Platform in anyway; or

Incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.

7.2          DIFM has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of DIFM.

7.3          All content remains the Intellectual Property of DIFM, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any Service Provider.

8              THIRD PARTY WEBSITES & ADVERTISING

8.1          The Platform may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Platform.

8.2          We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.

9              LIMITATION OF LIABILITY & INDEMNITY

9.1          You agree that you use the Platform at your own risk.

9.2          You agree that any Services are provided at your own risk.  You acknowledge that we are not responsible for the conduct or activities of any Customer or Service Provider and that we are not liable for such under any circumstances.

9.3          If you are provided with a username & password to access the Platform, it is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.

9.4          You acknowledge that in using the Platform and in relation to the supply of Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

9.5          You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms.

9.6          In no circumstances will DIFM be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not DIFM knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise

9.7          Certain rights and remedies may be available under the Sale of Goods Act 1979 or theConsumer Protection Act 1987or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.

9.8          In all circumstances, you agree that any liability of DIFM shall not exceed the value of the Booking you placed using the Platform.

10           PRIVACY POLICY

10.1        You accept our Privacy Policy and agree that you will not do anything that shall compromise DIFM’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Platform is concerned.

10.2        We may amend the Privacy Policy from time-to-time without notice and at our absolute discretion, and by continuing to use the Platform you accept such changes.

11           TERMINATION

11.1        We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform or Services.

11.2        Service Providers may terminate their use of the Platform on at least 14 days notice.

11.3        Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.

12           NOTICES

12.1        You can contact our customer service team by email (This email address is being protected from spambots. You need JavaScript enabled to view it.).

12.2        You can direct notices, enquiries, complaints and so forth to DIFM using any other details published on the Platform. We will notify you of a change of details from time-to-time by publishing new details on the Platform.

12.3        We will send you notices and other correspondence to the email address that you submit to the Platform, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.

12.4        A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.

13           GENERAL

13.1        DIFM may assign or otherwise create any interest in their rights under these Terms by giving you written notice.

13.2        DIFM may in its absolute discretion amend these Terms at any time, which shall become effective by giving you notice.

13.3        Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.  The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.

13.4        These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.

13.5        The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.

13.6        These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.