Terms & Conditions

Provisions relating to both End Users and Members

Interpretation

In these Terms and Conditions the following words shall have the following meanings:

1. "TW" means Topworkmen.com Ltd and may also be used to refer to the Topworkmen.com and Topworkwomen.com web-sites and related services.
2. “Member” means any company, partnership, sole trader or other body or person that has

   
   a: completed and signed the TW Application Form; or
   b: has instructed TW in any other regard; with the intention of using TW services.

3. “End User” means any user of the Topworkmen.com and Topworkwomen.com web-sites and related services, and can include members of the general public, legal persons such as limited companies, and Members of TW whereby they are using TW for purposes unrelated to their own membership.

Disclaimer

TW Internet sites are for information and guidance only and do not unless stated to the contrary form part of any contract. TW Internet sites are subject to change without notice. TW pursues a policy of continuous development of its services. The information contained within TW Internet sites are correct at the date of publication, within our reasonable knowledge.

TW Internet sites are may contain links to external Internet sites to help you to quickly and easily find information that is relevant to you. TW does not control the content of these websites and does not accept responsibility for them.

Privacy Policy

Welcome to the privacy policy of TW. We are aware that you may have concerns about disclosing personal or company information to us.

This policy has been developed as part of our commitment to protecting your privacy, whilst providing a valuable and professional service. We want you to feel confident about the privacy and security of your personal or company information. This policy applies whether or not you choose to register as a TW Member, and applies to both End Users and TW Members.

Member Information

We collect personal and company information about you when you register as a Member. When you register with TW we ask you for details about yourself and your business because we want to ensure that we provide a service that is tailored to your needs. We ask for as little information as possible in order to facilitate a quick and easy process. Information provided by Members is used solely for the purposes of promoting their respective businesses via the TW Internet sites and related services, and in assisting End Users to find suitable service providers for their respective needs. In signing the TW Application Form, you agree to allow the information provided to TW therein, and information otherwise provided, to be entered onto the TW Internet sites.

Feedback Facility

Information provided by End Users for the purposes of the TW Feedback facility is used solely for that purpose and no other. The information that you provide is not sold on to other companies. We have a serious and dedicated commitment to the security of your information.

Personal Data

Any personal data relating to you or your business collated by TW in the membership process or during your use of our services may be recorded and will only be used in accordance with our Data Protection Policy. The processing of personal data is subject to the rules laid down under the Data Protection Act 1998.

If you register as a Member, request further information or contact us we may keep a record of that correspondence and incorporate the information it contains into our databases.

Third party sites

You should be aware that some of the Internet sites to which we provide links might collect personally identifiable information about you. This privacy policy does not cover such sites. We have no control over these sites and are therefore not responsible for the content or practices of such third party Internet sites.

Note: This privacy policy may not apply to you if we believe that you are misusing TW or if we are required to disclose information by a court of law or any other relevant body.

Data Protection Policy

The Principles of Data Protection

The Data Protection Act provides eight Data Protection principles. In brief they set out that personal data should be:

1. obtained and processed fairly and lawfully
2. held and used only for specified purposes
3. adequate, relevant and not excessive
4. accurate and kept up to date
5. kept only for as long as is necessary
6. processed according to the Act
7. held securely
8. held within the European Economic Area

TW will adhere to these principles as closely as is practicable.

Consent

• TW may gather your data during the course of normal business activities. It will be used only for legitimate interests or purposes.
• TW seeks to use your personal data only for the purposes of legitimate interests and, where practicable, with your consent.
• You have the right to know what personal data TW holds about you and your business, and for this to be accurate. Procedures for the management of personal and company data are in place. Enquiries may be made via the address below.

Further Information

• Enquiries may be made to the Compliance Department, Topworkmen.com, PO Box 710, Warrington, WA1 3WZ

Data Protection Declaration

"TW may need to hold certain personal information about Members and End Users. Information will be held in accordance with the Data Protection Act 1998 and the TW Data Protection Policy. Information and data provided will be used only for the purposes of legitimate business interests, and interests that we consider to be of benefit to TW Members and End Users, including the provision of services."

Conditions of Use

Application of these Conditions of Use

You agree to be bound by the following conditions of use when you access or use TW. These conditions are subject to change at any time and without prior notice. If you are unwilling to be bound by these Terms and Conditions, and conditions of use contained herein, then you are not permitted to use or access the TW Internet sites or related services. Your continued access and use of TW constitutes an agreement that you are to be legally bound by the most current version of the TW Terms and Conditions.

Copyright and Database Right

All intellectual property rights in the content of all the web pages on the TW Internet sites, (including the graphics, text, design, and arrangement) and in the software used therein, are legally and beneficially owned by TW. Such intellectual property rights include copyrights and database rights in any information, which is extracted from our compilation and displayed as TW search results. This compilation is owned solely by TW.

Trademarks

"Topworkmen.com" and “Topworkwomen.com” are trademarks of TW and may not be copied, reproduced, replicated or used without our express authorisation. Any other trademarks, product names, company names, company logos or domain names displayed anywhere on the TW Internet site are the property of their respective owners.

Licences

Unless otherwise expressly provided, nothing contained within these conditions of use, or anywhere else on the TW Internet sites shall be understood as conferring any licence under any of the intellectual property rights belonging to either TW or any third party.

Permitted Use

You are allowed access and use of the TW database, to copy the results of searches made in that database, and to use those results, provided that such access, use and copying does not constitute, is not preparatory to and does not enable or facilitate any of the prohibited uses described below, and provided that such access, use and copying is not for the purpose of, or performed during the course of any business, unless merely incidental to that business.

Prohibited uses: no materials from TW may be copied, downloaded, uploaded, reproduced, broadcast, transmitted, shown in public, republished, stored, or distributed in any way or adapted or changed in any way.

TW will take active and formal measures to ensure that there is no unauthorised use or any breach of its intellectual property rights.

Representations and Warranties Disclaimer

You access and use TW at your own risk. Recommendations made for the purposes of the TW Feedback facility, or anywhere else on the Internet site are provided for guidance only, and are not intended to create any representation or warranty, nor to form any part of a binding contract. TW therefore accepts no liability for the work or actions of any Member of TW. No oral or written information provided by TW or any of its representatives, will create any form of representation, warranty or condition nor should you seek to rely on such information.

The TW Internet sites are provided on an "as and when available" basis. Every effort is made to ensure that all information displayed on the TW Internet sites is accurate and correct, however no warranty or fitness is implied.

TW makes no representation, warranty or condition, either expressly or impliedly, statutory or otherwise:

• to the accuracy, content, reliability, legality, quality or suitability of any information, recommendation, service, search results, products or merchandise provided or facilitated via TW;
• with respect to any goods, services or information received via the TW Internet sites or through links provided on that web site;
• that the TW Internet sites will remain constantly uninterrupted and free from error;
• that the TW Internet sites will remain free of computer viruses or any other harmful component.

Provision of Advice, Information and Recommendation

TW is not an agent for those persons, contractors, companies and institutions who are TW Members, recommended by TW, or whose goods or services may be referred to on the TW Internet sites. TW is not responsible for the suitability, availability or price of any such goods and services, nor is TW responsible for the competences, professional qualifications, and trade certifications and such like, of any such persons, companies, contractors or other institutions.

End Users are advised to satisfy themselves as to the specific nature of goods or services advertised or certifications and qualifications held of those persons, contractors, companies and institutions who are members of TW, recommended by TW, or whose goods or services may be referred to on the TW Internet site.

Limitation of Liability and Force Majeure

TW shall not be liable for any direct, indirect, incidental, special or consequential loss (including but not limited to loss of profit, business, goodwill, or any other intangible losses) that result from either:

• errors, omissions, defects, interruptions, suspension, termination, deletion of files, e-mail or data, computer viruses, harmful components, delays, or any other performance related failure with respect to TW, including without limitation those arising from acts of God, acts of war, strikes, theft, destruction or unauthorised access to TW data, programs or services, or any other failure to provide services arising from force majeure; or
• goods or services advertised or promoted on the TW Internet sites, and goods or services received via or advertised on any links displayed on the TW Internet sites; or
• information, advice or recommendation received via or advertised on the TW Internet sites and information, advice or recommendation received through or advertised on any links displayed on the TW Internet sites; or
• your access, use or reliance on TW; or
• your inability to use TW; or
• information or data transmitted by you in your use of TW. TW shall not be liable for any loss or injury that may result from the transmission of such information. Such information is transmitted at your own risk.

TW does not seek to exclude liability for death or personal injury arising from our own negligence.

Whole Agreement

These Terms and Conditions shall constitute the whole agreement between you and TW.

Law and Jurisdiction

These Terms and Conditions shall be governed by and interpreted in accordance with English law. The TW Internet sites can be accessed from different countries around the world. However, TW is controlled from England, and by accessing the TW Internet sites, you agree that the law of England and Wales will apply to all matters relating to your use of TW. All users of TW, including Members and End Users, consent to the exclusive jurisdiction of the English courts in all matters regarding it.

Severance

If any provision contained within these conditions Terms and Conditions is determined by an appropriate court of law to be illegal, invalid or unenforceable, that provision shall be severed from these conditions of use. However, the remaining provisions shall henceforth continue in full force and effect.

Provisions relating solely to Members

Payment and Price

As a Member, you agree to pay the requisite price relevant to the services that you have instructed TW to provide. Payment becomes due and payable immediately upon you signing the TW Application Form (“Execution”), which signifies your Agreement with TW, or upon renewal of your annual TW membership (“Renewal”), unless TW in its absolute discretion allows you a credit period.

If full payment is not received following Execution or Renewal, TW reserves the right to suspend your TW account forthwith. If, after suspension of your account, full payment is not received within 28 days of suspension, TW reserves the right to (a) permanently cancel your TW account; and to (b) rescind your Agreement with TW.

Any Member removed whose TW account is suspended or cancelled for this reason shall not be entitled to a refund for any monies paid as a deposit or otherwise, or in lieu of any outstanding subscription period.

Complaints

Complaints or negative feedback received by TW regarding any Member will not be listed on the TW Internet sites. However, any complaints or negative feedback will be noted, and TW reserves the right to remove any Member from the TW Internet sites and revoke that Member’s TW account on receipt of three or more complaints or negative feedback reports. Any Member whose TW account is suspended or cancelled for this reason shall not be entitled to a refund for monies paid or in lieu of any outstanding subscription period.

Further, TW reserves the right to investigate any single negative feedback report or complaint. Should that feedback report or complaint involve allegations of a sufficiently serious nature, whether later found false or otherwise, TW reserves the right to suspend the membership of that Member for an indefinite period of time until the matter is resolved in a manner acceptable to TW. Any subscriber, whose TW membership is suspended for this reason, shall not be entitled to a refund in lieu of any suspension period.

Following investigation, should TW consider that the behaviour of the Member investigated amounts to serious misconduct, lack of reasonable skill and care, or results in tortious or statutory liability, or includes any other conduct which adversely affects the integrity of the TW Internet sites, damages the goodwill of TW in any way, or that brings the TW Internet sites into disrepute, then TW reserves the right to remove any Member from the TW Internet sites and cancel that Member’s TW account forthwith. The burden of proof rests with the Member.

Any Member removed from TW for this reason, or by reason of any other serious misconduct: shall not be entitled to a refund for monies paid or in lieu of any outstanding subscription period; shall be required to remove any vehicle signage or livery which in any way relates to TW from all of its vehicles; shall immediately cease to wear any items of TW Workwear or any clothing bearing trademarks of TW; shall immediately cease to use any TW branded literature, including TW Letterheads, Business Cards, Compliments Slips and Recommended Company Letters or any other literature purporting to show any affiliation with TW; shall not be permitted to use the TW names, logos, trademarks, copyright or other intellectual property in any way or capacity whatsoever.

Customer Satisfaction Forms

As a Member, you must submit three completed Customer Satisfaction Forms to TW within 30 days of your TW Membership being activated. Should you fail to submit the requisite Customer Satisfaction Forms to TW, TW reserves the right to suspend your TW Membership until you have done so.

Term

Your Agreement with TW is for a one year rolling term. The Agreement will be renewed automatically upon the expiry of each one year term, unless you notify us in writing that you wish to cancel the Agreement, at least 30 days before the expiry of the current one year term.

If you have been granted a trial subscription period by TW in its absolute discretion, the term will automatically increase to the standard one year term upon the expiry of the trial period, unless you notify TW in writing of your wish to terminate the Agreement at least 15 days before the expiry of the trial subscription period.

All rights reserved. © Topworkmen.com 2008, 2009. Topworkmen.com™

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