Terms of Use and Privacy Policy

Supplier Terms and Conditions

By using the service offered through this App, you, your agents, contractors and/or employees and anyone else authorised by you are bound by the Terms and Conditions set out below. If you do not agree to be bound by the Terms and Conditions, you may not use or access the App or the EHLP website.

These Terms and Conditions take effect once the App has been downloaded and/or the EHLP website has been accessed.

Purpose: The purpose of the App is to provide a platform or marketplace for trade professionals to accept Queries of an electrical, plumbing and/or other household appliance nature from Customers. The App is an introductory medium only and neither it or EHLP shall be construed as being either an agent, contractor or partner of a Customer.

  1. Definitions

The following definitions and rules of interpretation apply in these Terms and Conditions (Terms and Conditions).

  • Definitions:

Application “App”: refers to a neutral e-commerce downloadable platform, established and operated by the Company, through which the Supplier can promote and contract Service(s) with Customer(s).

  • Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 9 (Charges and payment).
  • Content: All postings, messages, text, files, images, photos, video, sounds or other materials uploaded to, transmitted through or linked to/from the App or the EHLP website.
  • Customer: means any person who submits or publishes a Query on the App for trade professionals to accept or bid on.
  • EHLP (or “us”, “we”, “our” and “ours”) means EHLP Limited registered in England under Company Number 12484552 at One Business Village C/O Whitethorn Accountants, 1 Emily Street, Hull, East Yorkshire, United Kingdom, HU9 1ND.
  • Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  • Query: means a problem, issue and/or question submitted by the Customer via the App.
  • Services: provision of advice via telephone or electronic means (including but not limited to SMS, e-mail, Whatsapp, Facebook Messenger, etc) or otherwise in order to resolve a Query.
  • Service Agreement: the description or specification of a direct contract between the Customer and Supplier for resolution of a Query. A Service Agreement can be established verbally, via electronic communications (including but not limited to SMS, e-mail Whatsapp, Facebook Messenger, etc), via e-mail or in the form of a written statement or contract.
  • Supplier (“you” “yours”): the company or entity who supplies the Services to the Customer. This includes any agent, contractor, employee and/or person authorised by you to fulfil the Contract.
  • Supplier Account: refers to an account registered by the Supplier on the App. The attributes include an account number, account balance, and others. The Supplier Account is also the means/access by which to view and accept a Query.
    • Interpretation:
      • A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
      • Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
      • A reference to writing or written includes fax and email.
      • A reference to your or yours includes agents, contractors, employees and/or other persons authorised by you.
      • A reference to the singular includes the plural and vice versa.
  1. Eligibility Requirements and Verification
    • You must satisfy the following pre-requisites to become a Supplier on the App:
      • Supplier Account: You must download the App and create a valid Supplier Account; and
      • Capacity, Age and Identity Verification: You shall provide confirmation that you are a real person or legal entity with full, legal and valid rights and the authority to sign up to the Terms and Conditions and that you assume the corresponding legal liabilities imposed under these Terms and Conditions as well as any others arising under statute or common law. If you are a person, you must be at least 18 years old.
      • Qualifications: You shall hold all legal and professional qualifications in relation to your trade as required by law. These qualifications must be maintained for the duration of your use of the App. You shall obtain and at all times maintain all licences and consents which may be required for the provision of the Services and you shall comply with all applicable laws, regulations, regulatory policies, guidelines and industry codes which may apply from time to time to the provision of the Services.
      • Vetting: You must pass our standard vetting procedure which is performed to ensure your services can be supplied at the required standard. This is to ensure the standard of all Suppliers is maintained so the reputation of the App is maintained for the benefit of all Suppliers.
  1. App
    • We provide you with the App platform and operational support, including operation management, platform maintenance, electronic transactions and settlement services.
    • We are entitled to operate and maintain the App including implementing any upgrades and/or changes we consider necessary. Insofar as is possible, all upgrades shall be compatible with the original App.
  2. Content
    • EHLP is not responsible for any Content on the App. You are entirely responsible for all Content that you post, email or otherwise make available via the App.
    • We do not pre-screen or approve content and we make no representation or warranty as to the accuracy, completeness or authenticity of the Content.
    • You bear the risk associated with the use or reliance on any Content. Under no circumstances will we be liable in any way for any loss or damage arising from the use of Content posted or made available via the App.
    • We reserve the right to remove any Content which appears to violate the purpose of the App as well as any Content which is offensive, abusive and/or is in violation of any common law or statute.
  3. Intellectual Property Rights
    • EHLP owns all Intellectual Property Rights relating to the App and the EHLP website including designs, text, databases, graphics and layouts. You shall not use or copy any part thereof without express permission, such permission must be in writing.
    • The Intellectual Property Rights relating to the Content submitted or uploaded by others are retained by the legal owner and are used at your own risk.
    • By adding Content to the App, you give express and irrevocable permission for us to store, display and use the Content.
  4. Use of the App
    • Your interactions through the App or the EHLP website, including payment, and delivery of Services and any other terms, conditions, warranties or representations associated with these interactions are solely between you and the individuals and/or organisations with which you interact excluding EHLP. We are not responsible or liable for any loss or damage incurred as a result of these interactions. We are not responsible for the quality of any Query or Customer.
    • There is no guarantee that using the App will result any work, including opportunities to provide Services and/or enter into Service Agreements.
    • A Customer’s Query constitutes an offer by the Customer to purchase Services from you.
    • The Query shall be deemed to be accepted on the earlier of:
      • the Supplier issuing written acceptance of the Query; or
      • any act by the Supplier consistent with fulfilling the Query including providing advice which is confirmed to have resolved the Query..
    • Acceptance of a Query is on a first come, first serve basis.
    • The provision of Services shall at all times be professional and appropriate to the Query. Distasteful and/or abusive Content will not be tolerated.
    • In the event that a Query is incapable of resolution via telephone or other electronic means (including but not limited to communication via the App, e-mail, Whatsapp, Facebook Messenger, etc) or if the Supplier and Customer prefer, then a Service Agreement should be agreed direct between you and the Customer.
    • You and the Customer are responsible for agreeing the terms of the Service Agreement. EHLP is not an agent or contractor to the Customer nor party to the Service Agreement and is not responsible for any work done under the Service Agreement or otherwise.
    • You must notify us immediately of any and all Service Agreements arising from introductions and/or Queries via the App and/or the EHLP website.
    • You shall endeavour to resolve a Query within a reasonable timeframe.
    • You are responsible for responding to the Customer’s questions and complaints and for providing any related after-sales services for any continuing or on-going issues relating to a Query. You shall propose solutions within the timeframe agreed with the Customer.
  5. Dispute Resolution
    • You shall be solely liable for any costs, loss, damages, warranties, guarantees, disputes, penalties, or legal claims and any other matters arising from Services and/or Service Agreements provided to the Customer.
    • You agree that EHLP is not liable for any Services and/or Service Agreement between you and the Customer. You shall indemnify EHLP for any losses suffered by EHLP arising from Services and/or Service Agreement(s) supplied by you.
    • In the event that you have a dispute with one or more of the other users of the App including other Suppliers, we, our officers, employees, agents and successors will not be liable or responsible for any demands, claims and/or damages (both actual and consequential) of every kind or nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the dispute or use of the App.
    • In the event of a dispute between you and a Customer regarding payment for Services (Dispute), you can ask us to assist with mediating a negotiated outcome. We are not obliged to assist and if we do assist we may cease assisting at any time. If we are asked by you to make a decision regarding a Dispute, we may at our discretion do so.  If we do make a decision regarding a Dispute then you agree that the decision is final and binding on you.
  6. Feedback
    • All Suppliers are subject to feedback evaluations from Customers if a Supplier has completed or partially completed a Service and/or a Service Agreement.
    • The Customer who posts the feedback is directly responsible for its Content, including the accuracy and legality thereof. We accept no liability for any harm arising from Customer feedback.
    • We reserve the right to review feedback for authenticity and to remove any Content which appears false but make no claim or warranty for the accuracy or authenticity of any feedback.
    • We reserve the right to remove any feedback or Content including profanity, libellous Content, Content which promotes or facilitates illegal activity or any other form of abuse.
    • We reserve the right to remove feedback at the request of the author.
  7. Charges and payment
    • All payment details will be held by a third party on a third party platform.
    • Charges and payments for the provision of Services:
      • A £10.00 (ten pounds) payment is due and will be taken from the Customer on notification of a Query resolution by either the Customer or Supplier. This payment will be split as follows:
        • £1.00 (one pound) to EHLP for facilitating the introduction of the trade professional and maintaining the App; and
        • £9.00 (nine pounds) to the Supplier for the provision of the Services.
      • All fees and charges payable by the Customer in respect of Services are billed and collected through the App.
      • We will collect the fees directly from the Customer(s), deduct the charge at clause 9.2(a)(i) and remit the balance (charge at clause 9.2(a)(ii)) to your Supplier Account. For the avoidance of doubt the charge at clause 9.2(b) is not a payment by us to you for the provision of the Services. It is a payment by the Customer to you for the provision of the Services.
    • Charges and payments for Service Agreements:
      • A £10.00 (ten pounds) payment is payable by the Supplier to EHLP on agreement of any Service Agreement. This will deducted from your Supplier Account.
      • The payment at clause 9.3(a) is payable whether or not the Query is successfully resolved.
      • Any payment terms under the Service Agreement is at the discretion of the Supplier and Customer. We accept no liability for any late or missed payments under Service Agreements.
    • In the event that your Supplier Account has insufficient funds in it to pay the sums at clause 9.3(a) then EHLP will notify you and you will remit sufficient funds to EHLP to settle the amount demanded by EHLP within 48 hours of notification.
    • In the event that payment is not made by you in full of the amount notified to you within the timeframe at clause 9.4 then you shall pay interest at the rate of 5% above the Bank of England’s base rate from time to time on all overdue amounts from the date the payment is due until payment of the overdue sum is received by EHLP. In the event the Bank of England’s base rate is below 0% then the rate of interest is 5%. You shall also pay EHLP any fees, costs and expenses on an indemnity basis, incurred by EHLP in recovering any sums due to it.
    • All fees are inclusive of VAT.
    • These payment terms are subject to regular review. Any amendments to the payment terms will be communicated in writing.
  8. Liability and Indemnity
    • Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising for our negligence, our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms and Conditions affects your statutory rights.
    • Subject to clause 10.1 we will under no circumstances whatever be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with either the App or the EHLP website, for any reason including but not limited to loss of profits, sales business or revenue; loss or interruption of data, information or software; loss of reputation; or any other indirect or consequential loss.
    • Subject to clauses 10.1 and 10.2, our total liability to you in respect of all other losses arising under or in connection with the App or the EHLP website or your use of either of these platforms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.00.
    • The Supplier shall indemnify EHLP against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by EHLP arising out of or in connection with:
      • any claim brought against EHLP for actual or alleged infringement of a third party’s intellectual property rights arising out of, or in connection with, the receipt, use or supply of the Services; and
      • any claim made against EHLP by a third party arising out of, or in connection with, the supply of the Services or supply of services and/or goods supplied under a Service Agreement.
    • This clause 10 shall survive termination of the Contract.
  9. Termination
    • Without limiting or affecting any other right or remedy available to it, EHLP may deactivate your Supplier Account, block your e-mail address, or otherwise terminate or restrict your access to the App and/or EHLP website immediately and without notice, for any reason, including, without limitation if there is reasonable belief that you have acted inconsistently with the letter or spirit of these Terms and Conditions.
    • Without limiting or affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
      • the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
      • the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
    • A Supplier Account may be deactivated and therefore the Terms and Conditions terminated if the Supplier is inactive on the App and/or Website for a period of six months.
    • Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
  10. General
    • Force majeure. EHLP shall not be liable for any delay or failure to perform under these Terms and Conditions caused by force majeure event beyond reasonable control, including but not limited to acts of God, earthquake, storms, act of war, hostility, sabotage, government directive, internet or telecommunication outage, blockages, embargoes, riots, pandemic. Both the Supplier and EHLP will exercise reasonable efforts to mitigate the effect of the force majeure event. If the period of delay or non-performance continues for 6 months, these Terms and Conditions will terminate subject to 7 days’ written notice by either EHLP or the Supplier.
    • Privacy Policy: All personal data that we collect from you will be processed in accordance with our Privacy Policy. You are responsible for reviewing and being familiar with the terms of this policy.
    • Assignment and other dealings. The Supplier shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms and Conditions without the prior written consent of EHLP. We may transfer any of our rights or obligations under these Terms and Conditions without prior written notice.
      • Each party undertakes that it shall not at any time during the Terms and Conditions, and for a period of five years after termination, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except with prior express, written consent.
      • Each party may disclose the other party’s confidential information:
        • to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms and Conditions. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 12.3; and
        • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
      • Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
    • Entire agreement. These Terms and Conditions and any document expressly referenced in them constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    • Except as set out in these Terms and Conditions, no variation of the Terms and Conditions, including the introduction of any additional Terms and Conditions, shall be effective unless it is agreed in writing and signed by the parties or their authorised representatives.
    • A waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
    • If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 12.7 shall not affect the validity and enforceability of the rest of these Terms and Conditions.
      • We may provide notice to you under these Terms and Conditions by posting a notice on the Website, e-mail and/or text in additional post to your registered address (if you are a company).
      • A notice or other communication shall be deemed to have been received on posting and/or sending no matter if you have received or read it. You shall be responsible to keep your contact details up-to-date.
      • This clause 12.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
    • Third party rights. Unless it expressly states otherwise, these Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
    • Governing law. These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
    • Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms and Conditions or its subject matter or formation.
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