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Terms and Conditions

Terms and conditions of use for the Choose-your-accountant.co.uk website

The services provided at http://www.Choose-your-accountant.co.uk are provided by Choose Your Accountant located at 85a Queens Drive, London N4 2BE. The following document describes the terms and conditions applicable to the use of any service provided under http://www.Choose-your-accountant.co.uk ("the site", "our site") domain or any sub-domains. If anyone does not wish to be bound by these terms of use, then they may not use any services provided on our site. By agreeing to be bound by these terms and conditions you are also agreeing that other users should be bound by the same terms and conditions.

Words that are underlined in this document are links to web pages that contain important information about our service that itself forms part of these terms and conditions of use. This document should be read in conjunction with our privacy policy, which can be found here.

1. "Job Advertisers" and "Accountants"

For the purposes of these terms and conditions, users who place a job description online will be known collectively as "job advertisers" or individually as a "job advertiser". Users who tender on the work featured on our site will be known collectively as "accountants".

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2. Choose-your-accountant.co.uk - A Venue

Our site is a venue on which users can advertise contract jobs and accountants, who are registered with us, are able to tender for these contract jobs. The jobs advertised must not be against any applicable law, or contrary to any aspect of these terms and conditions. We take no responsibility for the truth or accuracy of any job description or the ability of any particular user to pay for the job to be completed. We take no responsibility for the ability of any accountants to complete any aspect of a job that a accountants tenders for. Do not assume that jobs or any related activities are legal, simply because they are listed on our site. Users accept the sole responsibility for the legality of their actions under laws applying to themselves.

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3. Checks on accountants

We cannot, and do not guarantee work done by accountants that you find via our site, we collect feedback on each of our registered accountants on an ongoing basis. The job advertiser will be able to view the feedback of a particular accountants who tenders for his or her job. The job advertiser will also receive instructions on how to provide feedback on the accountants in the case that the accountants does undertake the job in question.

Please note there is no legal limitation on the use of the word "accountant". Calling oneself an accountant does not imply any professional qualification in itself.

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4. Age limited

All of the site users must be over the age of 18. We reserve the right to limit the access of any user that we consider suspect, acting in bad faith or under the guise of a false identity or any other reason.

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5. Prohibited Jobs

Users must not place online or tender for any jobs which are prohibited by Law, or which do not conform to our own regulations. Our site is intended to make it easier for users to find quality accountants at reasonable, market dependant prices.

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6. Placing a Job Advert Online

If you place a job ad online, you must ensure that you are legally able advertise, and hold to the contract as you have described it. You must accurately describe your job and all terms in the description field of you job listing. Your listings may only include text descriptions relevant to the job. The user who places a job online is responsible for ensuring that he or she has the right to use all content in the listing and we have the right to host it on servers. All jobs must be listed in an appropriate category.

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7. Tendering for Jobs

As a accountants, you must ensure that you are legally able to tender for the relevant job. In addition, you must ensure that you are able to perform the work specified in the job advert.

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8. Liability

In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Choose-your-accountants (and our personnel) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

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9. Information Control

We do not control the information provided by other users, which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Choose your accountant is not responsible for the acts or omissions of users on the Site.

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10. Fees

Placing a job advert online is free. Registering your business with Choose-your-accountant is also free. You remain responsible however for the costs of accessing our site and contacting users. accountants are charged a fee in the event that they tender for a job. We reserve the right to change this fee without notice in the future. Fees must be paid in advance by purchasing credits. Credits can be purchased securely using credit or debit card via the PAYPAL secure payments system. Credits are not refundable. Special offers may be available when purchasing credits. We reserve the right to change these special offers without notice.

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11. Your Information

Your information constitutes any information you provide to us or other users in relation to the Choose-your-accountant service including registration, job listings or the commenting and reply processes. You are solely responsible for your information. We merely distribute and publicise relevant parts of the information via channels, which we reserve the right to change without notice.

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12. Restrictions on Your Information

Your Information and your activities on our Site must not, be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Your information must not infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography. Your information must not create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. Your information must not link directly or indirectly to any other website. Your information may not contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information. Your information may not cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

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13. License to use your information

To enable us to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.

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14. Access and interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without our prior written permission and the appropriate third party, as applicable and that you will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; You agree not to bypass measures we may use now or in the future to prevent or restrict access to the Site. We do not authorise you to extract, copy or reutilise any parts of our Site.

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15. Use of users contact information

When a accountants tenders for a job, the job advertiser will receive a mail, which in addition to other information about the tender, will specify contact information for the accountants in question. Job advertisers may only use this contact information or any other contact information obtained through a Choose-your-accountant-related communication for Choose-your-accountant-related communications that are not unsolicited commercial messages and relate to your genuine participation in our site. Further more you may only use this information for any other purpose in the case that the user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. We do not tolerate SPAM or unsolicited commercial communications and neither do our users. You agree that you shall not add an employee if Choose-your-accountant or a Choose-your-accountant user, to your mailing list (email or physical mail) without their express written consent after adequate disclosure. To report SPAM from other Choose-your-accountant user, please send a mail to helpdesk@choose-your-accountant.co.uk

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16. Breach

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you if you breach these terms and conditions or the documents incorporated by reference or we are unable to verify or authenticate any information you provide to us, or we believe that your actions may cause us financial loss or legal liability.

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17. No Warranty

We (and our personnel) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

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18. Limitation of Liability

Nothing in these terms and conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these terms and conditions. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. We (including our directors and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the total fees you have paid to us in relation to a job listing (as a bidder).

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19. Indemnity

You agree to indemnify and hold us and (as applicable) our agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

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20. Notices

Unless otherwise explicitly stated, notices to Choose-your-accountant must be sent by registered mail to Choose Your Accountant located at 85a Queens Drive, London N4 2BE, and notices to you will be sent to the email address that you provide to us during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

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21. Governing Law and Legal Compliance

These terms and conditions shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. Please note, that your country (and/or that of any user you deal with) may have laws, which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later). The laws of your country may be different from English law, including laws governing what can jobs can be legally advertised or bid on. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on jobs. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

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22. Dispute Resolution

Disputes between you and us regarding our services may be reported to our Customer Support. We encourage you to report all disputes between users to your local law enforcement body.

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23. Third Party Rights

A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party specified in these terms and conditions or which exists or is available apart from that Act.

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24. General

If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that these terms and conditions and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Choose Your Accountant are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these terms and conditions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms and conditions set forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. This Agreement will prevail over any conditions a job owner may have specified in the description of a job and our Privacy Policy which are incorporated in these terms and conditions by use of reference. Each of the policies may be amended from time to time. If material changes occur, you will be sent an email explaining the changes. Sections 10 (Fees), 11 (Limitation of Liability), 19(Indemnity), 21 (Governing Law and legal competence), 22 (Dispute Resolution) and 26 (Third Party Rights) shall survive any termination of these terms and conditions.

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Privacy

At choose your accountant we strongly believe in protecting our customers private information. We only use the information you provide in ways that we have informed you about. This document explains which information is stored and how it is used. In addition you must read the Choose-your-accountant.co.uk terms and conditions.

1. What information is collected/stored/used?

We only collect, store or use information that we consider necessary for the purpose of providing the best service possible to all of our customers.

(A) - Storage of your business information
You are free to browse the recent jobs placed on our site without providing any personal information to us. If you wish to tender for any jobs featured on our website, you must register and provide us certain details. We collect and store all the information you provide to us when you register. In the event that you do tender for a job featured on the site, we collect the details of your tender.

(B) - Storage of other information
In the event that you place a job online at choose your accountant, we collect and store the information you provide us about your job. We collect and store the comments and ratings you place on business members of the choose your accountant community.

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2. Our use of your information

(A) - Our use of your business information
We may check the accuracy of the business information that you provide on registration. We may use the contact information you provided to contact any professional associations you claim to be a member of, to assure your qualifications.

We may use any information we collect about you, including any information we may have obtained from your activities on the Site, to resolve disputes, provide customer support, troubleshoot problems and enforce our User Agreement and policies. We may look across multiple users to identify problems or resolve disputes. In the highly unlikely event that fees remain unpaid on a user account, we may pass your business information to a credit recovery company.

(B) - Our use of your job advert information
In the event that you place a job advert online, we display the information you have given to us about your job to users who browse the jobs on our website. We will not display your email address. In addition businesses that have registered will be able to tender for the work by sending you an email (to the email address you provided) via the site.

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3. Sharing Information

As a matter of policy, we do not share, sell, trade or give away your personal information other than is described in this privacy policy.

(A) - Sharing of your business information
We may pass some information to those users on whose job you tender. In addition, any comments we have collected from other users about your business will also be made available to the user in question.

(B) - Sharing of your job advert information
Various parts of the information you provide to us when advertising your job on our site is shared with all those people that browse the jobs on our website. Your email address and the password you selected will not be shared with all users. If a workman tenders for your job, you will be sent an email (with tender information) to the email address you provided whilst creating the job ad.

(C) - Other sharing of information
Disclosure for legal reasons: We may disclose your personal data if we are either compelled to do so by law, or in response to a valid, legally compliant request by a law enforcement or governmental authority.

We cannot ensure that all of your communications with Choose-your-accountant and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from the Site. Therefore, we do not guarantee, and you should not expect, that your personally identifiable information or communications with choose your accountant will always remain private.

We may also disclose aggregated demographic and profile data (in which neither you nor any other individual is identified) to our commercial and marketing partners. If all of the assets which we use to operate our business (or substantially all of them) are acquired by a third party, we may transfer personal data we then hold to that party. In the unlikely event that an insolvency practitioner (such as a liquidator) is appointed in respect of our business, that practitioner may sell, trade or rent personal data we then hold.

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4. Security

Your personal information is stored on third party servers, which are protected both physically and electronically, in the form of a "firewall". Please remember however that there is no such thing a perfect security on the internet.

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5. Changing your Information

(A) - Changing your business information
If you wish to change the information we hold about your business, please do this by logging into your account

(B) - Changing your job advert
If you wish to change the details of your job advert, please click "edit an ad" at the top of our website. You will need the job id and password of your job, which will have sent to you by email.

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6. Other Information Collectors

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. In the event that you provide your information to other parties, whether they are businesses, job owners or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. All third party advertisers that you may find on Choose-your-accountant.co.uk have to their own privacy policies. Choose-your-accountant.co.uk does not control the privacy policies of third parties and thus, you are subject to the privacy policies of that third party.

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7. Retention of your data

We will retain your personal information only as long as is necessary for the purposes to which you consent under this Privacy Policy, after which we will delete it from our systems.

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8. Contacting us

If you have additional questions, comments or problems about our privacy policy please send an email to helpdesk@choose-your-accountant.co.uk

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