| Terms and Conditions for the Use of ‘The’ CasaDoctora
website
NOTICE: Please read the following carefully. You are offered use of
the service based on the terms and conditions set out below. By using
the service you agree to be bound by these terms and conditions. If you
do not agree to these terms and conditions you cannot use the service.
1. General Disclaimer
1.1 You acknowledge that it is Your responsibility to select a Trade
Professional and to negotiate the terms of any work to be performed by
the Trade Professional you have selected and that CasaDoctora makes no
warranty regarding any goods or services purchased or obtained through
our Website or the Services or any transactions entered into through
our Website.
1.2 CasaDoctora relies on data provided by third parties to determine
which Trade Professionals are included in the Database and does not recommend
or endorse any specific Trade Professional.
1.3 CasaDoctora cannot accept any liability in respect of any contract
or other agreement entered into between You and the Trade Professional
and, in particular, but without limitation, CasaDoctora can accept no
liability relating to the quality or fitness of any work performed or
omitted to be performed by any Trade Professional.
2. PRIVACY
2.1 by accepting this Agreement, You expressly consent to uses and disclosures
of your personal information as set out in CasaDoctora's then current
privacy policies, which are incorporated herein by reference.
3.2 CasaDoctora's privacy policy is available.
3. DISCLAIMER OF WARRANTIES
3.1 The Website and the Services are provided on an "as is" and "as
available" basis and CasaDoctora makes no warranties or representations,
whether express or implied, in relation to the Website or the Services,
including but not limited to, implied warranties or conditions of completeness,
accuracy, satisfactory quality and fitness for a particular purpose.
3.2 CasaDoctora makes no warranty that the Website or use of the Services
will meet your requirements or will be uninterrupted, timely, secure
or error-free.
3.3 No warranty is given by CasaDoctora as to results that may be obtained
or the accuracy of any information obtained through the Website or the
Services or that any defects in the Website or the Services will be corrected
and You understand and agree that any material or data obtained through
use of the Website or the Services is at Your own discretion and risk.
4. YOUR DATA
4.1 You agree to provide true, accurate, current and complete information
when providing details to CasaDoctora
4.2 You agree not to impersonate any other person or entity or to use
a false name or a name that You are not authorised to use.
5. YOUR OBLIGATIONS
5.1 In consideration of CasaDoctora making the Website and the Services
available to You, You:
5.1.1 are responsible for procuring the necessary equipment and the payment
of telephone charges necessary to access the Website;
5.1.2 accept responsibility for any content You provide on the Website;
5.1.3 agree not to use the Website or the Services for any illegal purpose
and in accordance with all relevant laws;
5.1.4 agree not to use the Website or the Service to transmit or post
any chain letters or any material for the purposes of publicity, promotion
and/or advertising;
5.1.5 agree not to use the Website or the Services to distribute by any
means computer viruses or worms to third parties;
5.1.6 agree not to use the Website or the Services to transmit or post
any material which is defamatory, offensive, or of an obscene or menacing
character, or in such a way as to cause annoyance, inconvenience or needless
anxiety;
5.1.7 agree not to use the Website or the Services such that the whole
or part of the Website or the Services is interrupted, damaged, rendered
less efficient or such that the effectiveness or functionality of the
Website or the Services is in any way impaired;
5.1.8 agree not to use the Website or the Services in any manner which
constitutes a violation or infringement of any person, firm or company
or the rights thereof (including, but not limited to, third party intellectual
property rights or confidentiality);
5.1.9 agree not to use the Website to attempt any unauthorised access
to any part or component of the Website or that of any third party to
which You can connect via the Website (or other directly or otherwise
connected network);
5.1.10 agree not use the Website or Services as source of targeting material
or contact data for any kind of telemarketing, direct marketing, viral
or other electronic marketing activity on your own behalf or on behalf
or for the benefit of another party.
5.1.11 agree that in the event that You have any right, claim or action
against any user arising out of the use of the Website or the Service,
then You will pursue such right, claim or action independently of, or
without recourse to CasaDoctora.
6. CASADOCTORA'S RIGHTS
6.1 CasaDoctora reserves the right to modify or discontinue all or part
of, temporarily or permanently, the Website or the Service with or without
notice to you and you confirm that CasaDoctora shall not be liable to
you or any third party for any modification to or discontinuance of the
Website or the Service.
6.2 CasaDoctora may change the terms and conditions from time to time.
6.3 The content, layout and organisation of the Website shall be subject
to variation at the sole discretion of CasaDoctora.
6.4 In the event of CasaDoctora’s publication of the Website being
restricted, curtailed or prevented by any law or any other act or thing
beyond CasaDoctora's control, CasaDoctora may at any time, notwithstanding
anything contained in this Agreement, forthwith terminate this Agreement
in whole or in part.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 To the extent that all copyright and other intellectual property
rights throughout the world in information supplied by You in connection
with the Website and the Services does not vest in CasaDoctora by operation
of law, You hereby grant to CasaDoctora (free of charge) an exclusive,
perpetual, royalty-free licence to use such information for any purpose.
7.2 You hereby acknowledge that all present and future copyright and
other intellectual property rights subsisting in, or used in connection
with, the Website (the "Rights"), including the manner in which
the Website is presented or appears and all information and documentation
relating thereto is the property of CasaDoctora and nothing contained
herein shall be construed so as to transfer any such rights to You.
7.3 Without prejudice to the generality of the foregoing, if and to the
extent that you own any or all of the Rights, You hereby irrevocably
and unconditionally assign the Rights, with full title guarantee, to
CasaDoctora for the full period of copyright and all renewals extensions
and/or revivals thereof and thereafter in perpetuity, throughout the
world.
8. WARRANTY/INDEMNITY
8.1 You warrant and undertake that all information supplied by You shall
be true and accurate and fairly obtained and shall not contain any defamatory
material nor prejudice or infringe any copyright, right of privacy or
publicity or similar right of any third party and that CasaDoctora may
enjoy quiet possession of such information free from any disturbance,
charge or encumbrance.
8.2 You agree to indemnify CasaDoctora forthwith on demand and hold CasaDoctora
harmless against any and all expenses, damages and losses of any kind
(including reasonable legal fees and costs) incurred by CasaDoctora in
connection with any claims, actual or threatened, of any kind (including
without limitation any claim of trademark or copyright infringement,
libel, defamation, breach of confidentiality, false or misleading advertising
or sales practices) arising from information supplied to CasaDoctora
by You or from Your use of the Website or the Services.
9. LIMITATION OF LIABILITY
9.1 Neither party shall, or shall it purport to, exclude or restrict
liability for neither death nor personal injury resulting from the negligence
of it or its employees, servants or agents acting in the course of their
employment.
9.2 You acknowledge that CasaDoctora has no control over the information
that can be accessed by using the Website and the Services and that CasaDoctora
does not examine your use of the Services or the nature of the information
you are sending or uploading. CasaDoctora therefore excludes all liability
of any kind for the transmission or reception or such information of
whatever nature.
9.3 You agree that, except for death and personal injury arising from
our negligence, CasaDoctora shall not be liable in contract, tort, negligence,
statutory duty or otherwise, for any loss or damage whatsoever arising
from or in any way connected with this contract, including, without limitation,
damage for loss of business, loss of profits, business interruption,
loss of business information, loss of data, or any other pecuniary loss
(even where CasaDoctora has been advised of the possibility of such loss
or damage).
9.4 You agree not to hold CasaDoctora responsible for any damages or
other liabilities arising from work performed by any Trade Professional.
CasaDoctora does not and cannot be involved in Your dealings with Trade
Professionals, or control whether or not Trade Professionals will complete
any work as agreed and in the event that You have a dispute with one
or more Trade Professionals, You hereby release CasaDoctora (and its
agents and employees) from any and all claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes.
9.5 Save as expressly set out herein, all conditions, warranties and
obligations which may be implied or incorporated into this Agreement
by statute, common law, or otherwise and any liabilities arising there
from, are hereby expressly excluded to the extent permitted by law.
9.6 While every reasonable care will be taken in respect of information
supplied by You, CasaDoctora cannot accept liability for any information
placed or omitted to be placed on the Website (whether or not any such
liability is occasioned by CasaDoctora's fault or negligence or otherwise).
9.7 Without limiting the foregoing, CasaDoctora shall have no liability
for any failure or delay resulting from any governmental action, fire,
flood, insurrection, earthquake, power failure, riot, explosion, embargo,
strikes whether legal or illegal, labour or material shortage, transportation
interruption of any kind, work slowdown, transmitter or satellite degradation,
failure of the Internet, interruption or failure or any other condition
beyond the control of CasaDoctora's affecting production or delivery
of the Website and any information incorporated in it in any manner or
any of its obligations under this Agreement.
9.8 Each of the provisions of this Clause 9 shall be construed separately
and independently of the others.
10. TERMINATION
10.1 Either party may terminate this Agreement forthwith by written notice
if the other commits any material breach of any term hereof and which
(in the case of a breach capable of being remedied) shall not have been
remedied within 30 days of a written request to remedy the same.
11. GENERAL
11.1 Clause headings are inserted for convenience only and shall not
effect the construction hereof.
11.2 If any provisions hereof are held to be illegal or unenforceable
such provisions shall be severed and the remainder of this Agreement
shall remain in full force and effect unless the business purpose of
this Agreement is substantially frustrated thereby.
11.3 You may not assign, transfer or sub-contract any of its rights hereunder
without the prior written consent of CasaDoctora. CasaDoctora may assign,
transfer or sub-contract all or any of its rights web/hereunder.
11.4 Any express or implied waiver by CasaDoctora of any term or condition
hereof or any breach or default by you may be terminated by CasaDoctora
at any time. No such waiver shall constitute a continuing waiver nor
shall it prevent CasaDoctora from acting upon that or any subsequent
breach or default or from enforcing any term or condition hereof.
11.5 This Agreement constitutes the entire agreement between CasaDoctora
and You as to the subject matter hereof and supersedes all previous communications,
representations and arrangements, either written or oral (other than
fraudulent misrepresentation). You acknowledge that no reliance is placed
on any representation made but not embodied herein.
11.6 The provisions of Clauses 2, 3, 7, 8, 9, and 11.6 shall survive
termination of this Agreement.
11.7 Any notice to be given under this Agreement may be given via email,
regular mail, and facsimile or by hand to the address provided on the
Website or otherwise as notified by one party to the other.
11.8 No terms or conditions other than those set forth herein or any
variation thereof under Clause 6.2 shall be binding upon CasaDoctora,
unless in writing and signed on behalf of both CasaDoctora and You.
11.9 Nothing herein shall create or be deemed to create any joint venture,
principal-agent or partnership relationship between the parties and neither
party shall hold itself out in its advertising or otherwise in any manner
which would indicate or imply any such relationship with the other.
11.10 This Agreement shall be subject to the laws of Spain and the parties
shall submit to the exclusive jurisdiction of the Spanish courts.
CasaDoctora Privacy Policy
Privacy Policy in Summary
This summary is not intended to replace the full privacy policy and you
should not rely on its content as a legal definition of our privacy policy.
We only collect two types of data from you, data you input somewhere
on the site and information that is offered through your internet connections
or through the configuration of your computer (or other devices).
Most data is used to analyse user trends, for example which browsers
people use, location of users (regionally) – such information allows
us to be more targeted to the needs of our users. Other data you provide
us with may not be specific to you – for example you may “Rate
a Pro” which means you will be providing information on your experiences
with Trade Professionals.
In the Find a Pro service we offer to send Trade Professionals details
to your email account. When you enter your email address we record this.
Within the email that we send you (and only on the first occasion that
we do send you an email) will be a username and a password. You should
keep this safe, as this will allow you to login and amend your details.
By entering your email address you are accepting our full Privacy Policy
terms, and will automatically consent to the use of your details in the
following manner:
• being made available to third parties to promote relevant products and
services,
• CasaDoctora sending you relevant offers and deals from third parties,
• CasaDoctora sending you their periodic newsletter
Below is our full privacy policy.
Full Privacy Policy
In general, we use the personal information that we collect from you:
• To process data,
• to match your needs with Trade Professionals data,
• to make you aware of content and services associated with the service
Note: This policy applies only to the CasaDoctora Insurance website
and not to the web sites of other companies, individuals or organisations
to which we provide links.
Consent
By use of this website, you signify your consent to our collection and
use of this information. Should we elect for any reason to change our
policy, we will notify you of those changes here, so that you are always
kept informed of how we may collect, use or disclose the information.
Note: The information that you submit may be transferred outside the
European Economic Area for processing by CasaDoctora and its associated
companies. By providing personal information on the website, you consent
to this transfer. (Data may only be transferred to countries with the
same or similar standards in data protection as our own)
In order to receive details of products and services that might interest
you, you consent to your personal information being made available to
third parties (who may be located outside the European Economic Area).
We will try to ensure that any details sent to you under this arrangement
are relevant. By submitting your personal details to us you consent to
this. If you do not wish to receive this third party information, please
click here to access your registration details and subscribe to privacy
1.
Due to our large customer base, we will often be able to secure special
offers and exclusive deals on your behalf. In order to benefit from these
deals you consent to us sending you information on such deals where we
feel they are likely to be appropriate or relevant to you. If you do
not wish to receive this information from CasaDoctora or our sister companies,
please click here to access your registration details and subscribe to
privacy 2.
As part of our customer services, we will send you a periodic e-mail
newsletter with information about improvements to our service, new features,
special offers and competitions. If you wish to stop receiving the newsletter
click here to access your registration details and unsubscribe.
Collection, Use and Disclosure of Personal Information
1. (a) When a home owners registers with us, he or she is required to
enter the following data, as a minimum: email address.
2. We will collect further information about your areas of interest,
home improvement requirements and preferences both directly (when you
tell us) and indirectly via analysis of customer traffic, including the
use of cookies (see below).
3. We use information collected about you to tailor your use of our web
site to your specific requirements and to recommend relevant goods or
services to you. We also use the information to help us develop the design
and layout of our website, which helps to ensure that our sites are as
useful and enjoyable as possible.
4. If you enter a contest or promotion, we will ask for your name, address
and email address, so that we can administer the contest and inform the
winners.
5. CasaDoctora may provide aggregate statistics about our services, users,
traffic patterns and other site information to third parties, but these
statistics will not include any information that could personally identify
you.
6. CasaDoctora reserves the right to access and disclose individually
identifiable information to comply with applicable laws and lawful government
requests, to operate its systems properly or to protect itself or its
users.
Protection of your Personal Information.
We have strict security procedures covering the storage and disclosure
of your information in order to prevent unauthorised access and in order
to comply with the current UK Data Protection Acts. This means that we
may sometimes ask for proof of identity before we disclose personal information
to you.
Use of Cookies
A cookie is a piece of data that is stored on your computer's hard drive
by your web browser. We may use cookies to help optimise and personalise
our service to you. Once we have used a cookie, each time you visit our
site thereafter our computer server will recognise the cookie, and provide
us with information about your last visit. Most browsers accept cookies
automatically, but usually you can alter the settings of your browser
to prevent automatic acceptance. If you choose not to receive cookies,
you may still use most of the features of our web site.
Customer Feedback and Complaints
We welcome your questions and comments about privacy issues, and about
the design of our website. Should you have such comments or have a complaint
about how we are using your personal data, please contact us.
Disclaimer
CasaDoctora helps you by giving you access to information on reputable
businesses but remember the decision to engage a particular business
remains entirely yours. Neither CasaDoctora nor any of its data providers
or affiliates make any warranties express or implied, as to the accuracy,
adequacy, quality or fitness for any particular purpose of the information
or the services for a particular purpose or use. All such warranties
are expressly excluded to the fullest extent that such warranties are
excluded by law. You bear all risks from any uses or results of using
any information on this site.
CasaDoctora have made every effort to ensure that the contents of this
site are correct. However, we can accept no responsibility for any effects
from errors or omissions. All material published within this site is
copyright and unauthorised reproduction is forbidden.
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