Terms and Conditions



Definitions

  • The term ‘The Websites’, when used in these Terms and Conditions refers to all of www.eSaviour.com and www.eSaviour.co.uk (including all of their subdomains), which are trading names and websites under the ownership and control of ESAVIOUR LTD., a company incorporated in England, with company registration number 7821188 and registered address ESAVIOUR LTD., Advantage Business Centre, 132-134 Great Ancoats Street, Manchester M4 6DE.
  • The terms ‘We’, ‘Us’, ‘Our’, ‘Ours’ and ‘Ourselves’, when used in these Terms and Conditions refer to ESAVIOUR LTD., a company incorporated in England, with company registration number 7821188 and registered address ESAVIOUR LTD., Advantage Business Centre, 132-134 Great Ancoats Street, Manchester M4 6DE, and to all of its partners, associates, representatives, subsidiaries, trustees, successors, affiliates, agents, directors, officers, executives and employees. These terms (We, Us, Our, Ours and Ourselves) do not refer to You or any other User unless expressly confirmed in writing by hand, i.e. using non-electronic means, by one of the directors of ESAVIOUR LTD.
  • The term ‘User’, when used in these Terms and Conditions refers to those using, viewing, accessing or acting in relation to The Websites. The term therefore encompasses both the eSaviour and the Customer.
  • The term ‘Customer’ when used in these Terms and Conditions refers to a User purporting to require or requiring any Output. A Customer is also a User.
  • The term ‘eSaviour’ when used in these Terms and Conditions refers to a User (and those acting in conjunction with, on behalf of or on the instructions of that User) providing, proposing to provide, offering to provide or purporting to be able to provide an Output. An eSaviour is also a User.
  • The term ‘Output’ when used in these Terms and Conditions refers to any and all assets, outcomes, results, guidance, advice, works or services, whether tangible or intangible, that are created, provided, carried out, brought in to existence, delivered or otherwise made possible by an eSaviour and arising out of the use of or in relation to The Websites.
  • The term ‘Job / Help Request’ when used in these Terms and Conditions refers to a specific Output defined and requested by a Customer from an eSaviour.
  • The term ‘Job / Help Request Area’ when used in these Terms and Conditions refers to the areas, webpages and subdomains available through The Websites where a Job / Help Request or Job / Help Requests are posted and visible to another User.
  • The term ‘Quote’ when used in these Terms and Conditions refers to any proposal (including associated costs) tendered by an eSaviour in relation to a Job / Help Request or attached by an eSaviour to a Service for Sale.
  • The term ‘Sealed Quote’ when used in these Terms and Conditions refers to a Quote which is hidden from public view and can be seen through The Websites only by the Customer who posted the Job / Help Request and the eSaviour who tendered the Quote.
  • The term ‘Public Quote’ when used in these Terms and Conditions refers to a Quote which is visible to all Users of The Websites.
  • The term ‘Service for Sale’ when used in these Terms and Conditions refers to a specific Output defined by an eSaviour that they can provide to a Customer, and requested by a Customer from an eSaviour.
  • The terms ‘You’, ‘Your’, ‘Yours’, ‘Yourself’ and ‘Yourselves’, when used in these Terms and Conditions refer to and any viewer, reader or acceptor of the these Terms and Conditions and any entity they represent in relation to their use of The Websites; they, by definition, are also a User.
  • All terms included in these definitions retain the grammatical form appropriate to the word, sentence and context used. The terms may be used as plurals or derivatives.

General

ESAVIOUR LTD. is a UK-registered company, operating under UK law. These Terms and Conditions shall be governed in law solely by laws applicable in England and by accepting them You submit to the exclusive jurisdiction of the English courts.

These Terms and Conditions apply to Your use of The Websites, commencing at the point You agree to them and continuing henceforth perpetually. When You create an account on The Websites You will not be permitted to do so unless You have confirmed Your agreement with these Terms and Conditions; this constitutes Your agreement and acceptance of them. The Terms and Conditions therefore apply to any content, applications, functions, services, information or other material accessible via The Websites. By using The Websites You understand, accept, expressly agree and submit to these Terms and Conditions and their ethos wholly, irrevocably, perpetually, unreservedly and worldwide.

The Websites make communication possible between Users. The Websites allow eSaviours to describe, explain and advertise their expertise and the services they offer. The Websites also act as a conduit to allow Customers to communicate with eSaviours and post Job / Help Requests to attract Quotes from eSaviours. eSaviours can post Services for Sale on The Websites which Customers can purchase.

You expressly confirm that You are at least 18 years old, i.e. that at least 18 years have elapsed between the time You were born and the moment of accepting the Terms and Conditions, and that You are able to form legally binding contracts.

If You use The Websites as or to represent an entity (including, but not limited to, a business, company or organisation) in any way you expressly agree that You accept these Terms and Conditions as or on behalf of both Yourself and that entity and confirm that You have the authority to bind that entity to these Terms and Conditions.

If You engage or represent another party in any way when offering to provide, purporting to be able to provide or providing any Output then You expressly accept full liability, accountability and responsibility for that Output and for ensuring that these Terms and Conditions are accepted and upheld fully by both You and that party. You are a party to these Terms and Conditions and as such You expressly agree that any remedy arising out of or in connection with Your use of The Websites shall be pursued and effected solely through You. No third party shall have any right to enforce any part of these Terms and Conditions under the Contracts (Right of Third Parties) Act 1999.

If You use The Websites as an eSaviour You must ensure that You have all necessary insurance policies required to cover the full extent of the Outputs You offer, purport to be able to provide or provide, which may include, but is not limited to, professional indemnity insurance and employer’s liability insurance.

If You use The Websites as an eSaviour You must ensure that You are able to legally and ethically provide the Outputs You offer, purport to be able to provide or provide and that You have all memberships or registrations, which are in good standing, with any authority, body or other entity (including, but not limited to, professional, supervisory or regulatory organisations), which would reasonably be expected for the Outputs You offer to provide, purport to be able to provide or provide.

Our decision not to enforce or Our failure to enforce any part of these Terms and Conditions at any time does not in any way change, invalidate, weaken or waiver any part of them. Action shall be taken in each case at Our discretion and We do not guarantee that We will take action in all cases.

You expressly agree that these Terms and Conditions and The Websites and their content may be transferred by ESAVIOUR LTD. at their sole discretion to a third party, without notice and without informing You.

We may revise or change these Terms and Conditions at any time without giving You notice or informing You.

The Terms and Conditions set out here comprise the entire agreement between You and Ourselves and are the current version, superseding any previous agreement or understanding between the parties.

You should ensure that Your use of The Websites meets these Terms and Conditions whenever You use them.

These Terms and Conditions may not be altered by You unless You and one of the directors of ESAVIOUR LTD. have both physically signed the amendment by hand, using non-electronic means.

Your use of The Websites is at Your own risk. We make no guarantee as to the security or continuity of access to The Websites.


Code of Conduct

You will not directly nor indirectly circumvent, attempt to circumvent or seek to circumvent these Terms and Conditions by any means.

You will not try to exploit these Terms and Conditions, their ethos nor any omissions for the direct or indirect benefit of Yourself or any other party.

You will not incite, facilitate, encourage, share, broadcast nor promote anything which contravenes these Terms and Conditions.

You will not harm, bully, threaten, abuse nor harrass any other User.

You will not post, create, add nor otherwise introduce any unlawful, personally or financially sensitive, inaccurate, misleading, falsified, untruthful, libellous or offensive content / material to The Websites. Therefore You will not post, create, add nor otherwise introduce any content to The Websites which is or may be racially offensive, threatening, hateful, discriminatory, inflammatory or pornographic or which contains, describes or displays any violence, nudity or sexual content.

You will not send nor create any unauthorized or unsolicited commercial or large scale communications (such as spam, chain mail or prospecting mail) to, via or in relation to any User, The Websites or Ourselves.

You will not dishonestly nor misleadingly obtain account information from or relating to any User, The Websites or Ourselves.

You will not directly nor indirectly engage in shill bidding or do anything which may falsely increase the value of the Quotes tendered for a Job / Help Request.

You will not introduce any pyramid scheme or schemes via or in relation to any User, The Websites or Ourselves.

You will uphold the law at all times when using The Websites or conducting any activities related to The Websites.

You will not obtain, harvest nor otherwise collect any content or information (including, but not limited to, user e-mail addresses or telephone numbers) from The Websites, using automated means or otherwise.

You will not circumvent, manipulate, undermine nor otherwise adversely affect the any part of The Websites, including, but not limited to, any swear filter, ratings system, fees system or payment system.

You will not share, distribute nor create any content relating to The Websites which adversely affects the image, reputation or brand of The Websites or Ourselves.

You will not post, create, add, associate nor otherwise introduce any content with an incorrect, inaccurate or inappropriate category to The Websites.

You will not damage nor change The Websites or their functionality.

You will not introduce any code, viruses nor software to any part of The Websites.

You will not do anything to impair, reduce nor otherwise adversely affect the access to and proper functioning or service offered by The Websites.

You will not infringe the rights of Ourselves nor others including privacy rights, copyrights, intellectual property rights or trademarks. You will ensure that any content You introduce to The Websites is Your own original work in its entirety or that You are authorised to introduce and use it.

You will not fail to make payment(s) for the Outputs with which You are involved or have received.

You will not sell nor otherwise transfer Your account or any part of Your account to another party without Our express permission.

You will not artificially increase by any means, whether manual, automatic or otherwise, directly or indirectly, the number of times an advert is viewed, loaded or clicked on through The Websites.

You will be open, honest and fair at all times and will endeavour to do this proactively.


Corrective Actions

We reserve the right to withdraw, suspend, postpone, edit or delete any content posted or action taken on The Websites by any User, temporarily or indefinitely, as We see fit, as a result of, but not limited to, breach of these Terms and Conditions, Our suspicion or certainty that You have provided misleading or false information to Us or any User or Our belief or certainty that doing so would be in the interests of Ourselves or any User.

We reserve the right to withdraw, suspend, postpone, edit, reclaim or delete any User account or its details as We see fit, for example when a reasonable claim is made about copyright infringement by that User or that account has been inactive for a long period of time.


The Job / Help Request Area

A Job / Help Request is an advert posted by a Customer for an output they require. The Customer posting the Job / Help Request is required to specify, at the time of posting, the description of the Output required and the length of time for which the Job / Help Request will be available on The Websites.

When posting a Job / Help Request in the Job / Help Request Area, the Customer shall be liable, accountable and responsible for describing their expectations fully, clearly, coherently and explicitly. The Customer should describe their requirements and expectations in a SMART format; the description should be Specific, Measured, Achievable, Realistic and Timed (stating any requirements or expectations of start date, start time, end date and end time).

The Customer is liable, accountable and responsible for assessing, evaluating, understanding, accepting and paying for Job / Help Requests.

The Customer and eSaviour are each liable, accountable and responsible for the agreement as to what, how, why, by whom, where, when and for what price it will be delivered and any other detail or details which may be relevant at the time or in the future.

A Customer is not obliged to accept a Quote or Quotes and may at their discretion choose not to accept any of the Quotes tendered for a Job / Help Request.


Services for Sale

A Service for Sale is an advert posted by an eSaviour for an output they can provide. The eSaviour posting the Service for Sale is required to specify, at the time of posting, the description of the Output they can provide and the length of time for which the Service for Sale will be available on The Websites.

When posting a Service for Sale, the eSaviour shall be liable, accountable and responsible for describing their Service for Sale fully, clearly, coherently and explicitly. The eSaviour should describe their requirements and expectations in a SMART format; the description should be Specific, Measured, Achievable, Realistic and Timed (stating any requirements or expectations of start date, start time, end date and end time).

The eSaviour must, at the time of posting the Service for Sale, specify any further information required from the customer to enable completion of the Service for Sale, and ensure that this information is obtained before agreeing to enter a Contract with a Customer for the provision of that Service for Sale.

The Customer is liable, accountable and responsible for assessing, evaluating, understanding, accepting and paying for the Service for Sale.

The Customer and eSaviour are each liable, accountable and responsible for the agreement as to what, how, why, by whom, where, when and for what price it will be delivered and any other detail or details which may be relevant at the time or in the future.

An eSaviour is not obliged to accept an offer to purchase a Service for Sale and may at their discretion choose not to accept any of the offers tendered to purchase it.


Quotes for a Job / Help Request or Service for Sale

The financial / monetary value (price) of any Quote submitted for a Job / Help Request, or any Quote attached to a Service for Sale, is inclusive of all charges, taxes and fees related to the completion of that Job / Help Request (or Service for Sale, whichever applies).

The amount of tax associated with the Quote must be specified as part of the Quote


Contracts

You are a Customer when You as a User fall under the definition of a Customer. Conversely You are an eSaviour when You as a User fall under the definition of an eSaviour. In relation to any single Job / Help Request or Service for Sale, and any contract between You and another User arising out of that Job / Help Request or Service for Sale, where You have acted as a Customer or eSaviour in relation to that Job / Help Request or Service for Sale, You shall be either the Customer or the eSaviour, but not both, and referred to as such within these Terms and Conditions.

By accepting a Quote in relation to a Job / Help Request, the Customer enters in to a contract with the eSaviour that issued the Quote. We do not form part of this contract and as such the full details of that contract must be agreed upon by the Customer and eSaviour in writing in advance of any Output coming in to existence, but as a minimum shall be in accordance with the Contractual Requirements set out within these Terms and Conditions. No part of the contract between the Customer and eSaviour shall amend nor attempt to amend any part of the Contractual Requirements set out within these Terms and Conditions.

By accepting an offer to purchase a Service for Sale, an eSaviour enters in to a contract with the Customer making the offer. We do not form part of this contract and as such the full details of that contract must be agreed upon by the Customer and eSaviour in writing in advance of any Output coming in to existence, but as a minimum shall be in accordance with the Contractual Requirements set out within these Terms and Conditions. No part of the contract between the Customer and eSaviour shall amend nor attempt to amend any part of the Contractual Requirements set out within these Terms and Conditions.


Contractual Requirements

Throughout the duration of the contract between the Customer and eSaviour and in all activities and communications relating to or in conjunction with that contract, both the Customer and eSaviour shall each themselves at all times act lawfully, professionally, courteously, take all necessary precautionary measures to ensure health and safety are protected and paramount, act ethically, be proactively open and honest and not be misleading in any way.

The Customer agrees to pay the eSaviour the agreed amount, upon completion of the Job / Help Request or Service for Sale, or part of the Job / Help Request or Service for Sale, as agreed by both parties, within the timescales agreed by both parties. The amounts to be paid and the timings and stages involved, if a Quote has been accepted, shall be equivalent to those specified in the eSaviour’s Quote in response to the Job / Help Request requested by the Customer, or in the case of a Service for Sale shall be equivalent to those specified in the Quote attached to the Service for Sale, unless expressly agreed otherwise in writing by both the Customer and eSaviour in advance of any Output coming in to existence.

The contract entered into by the Customer and the eSaviour may be terminated with the agreement of both parties and in the timescales agreed by both, in accordance with laws applicable to termination of contracts. An agreement should be reached by both parties relating to the costs incurred by the Customer at that point, and if no agreement can be reached, then the matter shall be pursued by the Customer and/or the eSaviour in accordance with the Disputes Between Users section of these Terms and Conditions.

The contract entered into by the Customer and the eSaviour shall be terminated if one of the parties of the contract requests the contract to be terminated, on the terms specified by that party, if the other party fails to respond in writing to the party requesting termination within 30 days or an alternative period of time which is in accordance with the law, whichever is the lesser, unless an alternative period of time has been expressly agreed otherwise in writing by both parties prior to the request for termination.

On completion of the Job / Help Request or Service for Sale, the Output becomes the sole property of the Customer. Any and all rights relating to that Output are at that point in time and henceforth surrendered wholly, irrevocably, perpetually and worldwide by the eSaviour to the Customer, and as such these become the rights of the Customer, including, but not limited to, copyrights and intellectual property rights. The eSaviour agrees not to invoke, use or apply any rights which remain theirs by virtue of the fact that they cannot legally be surrendered or transferred to the Customer, unless requested to do so by the Customer. The Output may then be used henceforth as deemed appropriate by the Customer.

The eSaviour shall ensure that the Output of the Job / Help Request or Service for Sale is provided in a lawful manner. The eSaviour must ensure that the Output does not breach, impinge nor otherwise affect the rights of the Customer or any other party (including, but not limited to, copyrights and intellectual property rights) without the prior written consent of the relevant party. The eSaviour will not be entitled to payment, and will be liable for any costs incurred to, the Customer as a result of any Output delivered by the eSaviour not in accordance with the law or the terms of their contract, including, but not limited to, legal fees.

Unless expressly agreed otherwise by both the Customer and the eSaviour, the eSaviour shall provide, sign and endorse any documents as requested by the Customer to facilitate the exercise of the Customer’s rights (and their ability to defend, protect or enforce such rights).

The contract between the eSaviour and Customer does not create nor intend to create an employer-employee relationship, agency, partnership, joint venture nor any other recognised union or relationship other than that described within the contract and for the duration of the contract. Without limiting any other Terms and Conditions, the eSaviour shall therefore have no right to any benefit that could otherwise have been conferred by such a relationship, including, but not limited to, sick pay, holiday pay, lieu time, paid leave, bonus or commission, unless otherwise expressly agreed both the Customer and the eSaviour in writing in advance of the commencement of their contract.

Both the Customer and eSaviour shall each themselves be liable, accountable and responsible for and are required to uphold all applicable laws relating to, but not limited to, tax, National Insurance and other financial requirements, disability, self-employed work (if applicable) and data protection.

The Customer and eSaviour are each themsleves liable, accountable and responsible for maintaining their own records relating to any payment made or received.

The Customer agrees to make payment to the eSaviour within 30 days of being invoiced by the eSaviour for the Output if it is agreed by both the Customer and the eSaviour that the Output has reached completion (or a stage of completion if staged Outputs and payments have been agreed).


Payments

The Websites include links to external payment facilities, such as Paypal, to allow Customers to make payments to eSaviours. Payments are made directly by a Customer to an eSaviour and We are not a party to these payments just as We are not a party to any contract between these parties.

Use of The Websites is free of charge. We do however offer paid services and features which are outlined on the fees page and on other areas of The Websites.

Since payments are made directly by a Customer to an eSaviour, We are not able to offer nor assist in providing any refund, warranty or guarantee for any payment made. We make no warranty nor guarantee relating to any aspect of any Output created by You or any other User of The Websites including, but not limited to, its quality and promptness of creation. Customers are advised to understand, before entering in to any contract, agreeing to make payment to or making payment to an eSaviour, what refund, warranty or guarantee, if any, the eSaviour will provide as part of the contract. Any refund, warranty or guarantee, if any, will be available only from the eSaviour in to with which the Customer has entered a contract and explicitly not from Ourselves.

Each Customer is liable, accountable and responsible for evaluating, assessing and taking all necessary steps to ensure they are satisfied with any Output before making any payment for that Output. You expressly agree that any payment or payments made are irrevocable and that You will not dispute, challenge nor attempt to change or reverse the payment or payments via Us or any other party.

Customers and eSaviours must ensure all payments made for a Service for Sale or Job / Help Request are made through The Websites, using the facilities on The Websites, and that payments are not made outside of The Websites. Users are asked to consider the benefits of using the links to the external payment facilities available on The Websites; the transaction will be visible and recorded, allowing a receipt to be printed. Users should consider any protection available to them as a result of using the payment facilities such as Paypal.

Once a Customer and an eSaviour have entered into a contract (see Contracts section of these Terms and Conditions), the Customer must make a payment or payments to the eSaviour as set out in the contract.

If the Customer and eSaviour have agreed in their contract with each other that staged payments will be made (that is, payments at a point when a part or parts of the Job / Help Request, Service for Sale or expected final Output have been completed), eSaviours are advised to request these payments at the agreed stages of the Output; Customers shall make these payments if it is agreed that the stage has been reached. It shall be the liability, accountability and responsibility of both the Customer and eSaviour to agree and manage any staged payments, using the facilities available on The Websites as required.


Disputes Between Users

Disputes, which include issues relating to, but not limited to, any Output, lack of Output, payment, non-payment, rating, lack of rating, level of rating, comment, lack of comment or nature of comment, shall be resolved amicably in the first instance between the Users involved.

We are not party to any contract or dispute between You and any other User, and You expressly agree and acknowledge that We cannot and will not be required to resolve disputes.

If You and any other User are unable to resolve Your dispute both You and the other User shall pursue whatever means each deem necessary provided that these means do not require Our involvement in any way.


Fees

The Websites are provided and can be used free of charge. We do however offer paid services and features which are outlined on the fees page and on other areas of The Websites. Any fees payable to eSaviour Ltd. quoted on The Websites are inclusive of tax.

When You purchase one of the account upgrade options, if You change Your mind and decide You do not want the upgrade anymore, We will provide a refund to You if You inform Us within 7 days of purchasing the upgrade using the form on the Contact Us section of The Websites. The value of any such refund will not exceed the price You paid for the upgrade and any costs incurred by Us in providing the refund relating, but not limited, to conversion of currency and bank and payment system charges, will be deducted from the value of that refund.

We reserve the right to amend Our fees and options at any time.


Limitation of Liability and Indemnity

You expressly agree to the following:

  1. Any communication, service, guidance, advice, Output or other exchanges between any Users, conducted via the communication channels available on The Websites or otherwise, shall not be and not be required to be routinely monitored in any way.
  2. We have no liability, accountability nor responsibility for any arrangements or agreements made between You and any other User which are in relation to The Websites, whether conducted via the communication channels, available on The Websites or otherwise.
  3. We have no connection with, and are not liable, accountable nor responsible for, any arrangements or agreements involving any individual, entity or party who is or has ever been a User as defined in these Terms and Conditions but who is acting not in relation to The Websites and We are expressly indemnified and released completely by both You and any other User to which this relates from any such arrangement or agreement.
  4. We reserve the right to monitor as We see fit any communication, service, guidance, advice, Output or other exchanges between any Users, conducted via the communication channels available on The Websites or otherwise.
  5. We are not liable, accountable nor responsible for, but not limited to, any of the following, or lack thereof: truthfulness, quality, accuracy, standards, safety, legality, satisfaction with, creation or completion of any Output arranged via the communication channels accessible on The Websites or otherwise.
  6. We are not liable, accountable nor responsible for, but not limited to, any of the following, or lack thereof: truthfulness, quality, accuracy, standards, safety, legality or satisfaction with any content of The Websites posted or otherwise created by You or any other User, or exchange or communication involving You or any other User of The Websites, conducted via the communication channels available on The Websites or otherwise.
  7. We have no liability, accountability nor responsibility for any issue relating to any payment between Users, including, but not limited to, payment, non-payment, incomplete payment, insufficient payment, overpayment or nature of payment for any Output or lack thereof.
  8. We have no liability, accountablility nor responsibility for, but not limited to, any loss of revenue, profit, contract, savings, goodwill, opportunity, reputation or business arising out of or in relation to the use of The Websites or inability to access or use The Websites for any length of time, regardless of the reason.
  9. We have no liability, accountablility nor responsibility for, and You agree to release us from and indemnify Us against, but not limited to, any indirect, incidental or consequential damages, claims, demands or legal fees (including the legal fees of any third party) arising out of or in connection with Your use of The Websites.
  10. You will pay Us in advance the cost We expect to be involved to handle any claim initiated or supported by You or which appears to Us to have arisen as a result of Your failure to comply with these Terms and Conditions, including, but not limited to, legal costs, and without such payment We will not be required to be involved in that claim in any way and that You will ensure We are rendered harmless from it.
  11. We have no liability (including liability for negligence), accountability nor responsibility for, but not limited to, any acts or omissions by Yourself, or any entity or party connected in any way to Yourself.
  12. We have no liability, accountability nor responsibility for, but not limited to, any fault, error, corruption, incompetence, failure to update, omission within or failure relating to Information Technology or telecommunications equipment, including any related medium or system, or any interruption to access or lack of continuity of access to The Websites.
  13. We have no liability, accountability nor responsibility for any effect or lack of effect due to circumstances within or beyond Our control including, but not limited to, fire, flood, natural disasters, breach or failure of security or theft.
  14. We are not party to any contract or payment entered in to or between You and any other User and any other entity or party connected to You or that User.
  15. A reference or hyperlink to any other party or website posted by You or any other User does not imply that We endorse that party and We have no liability, accountability nor responsibility for that party or its actions or any effect or lack of effect occurring as a result of the existence of that reference or hyperlink.
  16. We have no liability, accountability nor responsibility for, but not limited to, Our decision to enforce, Our decision not to enforce or Our failure to enforce any part of these Terms and Conditions at any time.
  17. We have no liability, accountability nor responsibility for any breach of these Terms and Conditions by You or any other User.
  18. Our commitments are stated explicitly within these Terms and Conditions and We have no implied commitments. Without affecting this stipulation, should You believe You have found an implied commitment within these Terms and Conditions, You agree to release Us from it and indemnify Us against it.
  19. Our aggregate liability to You or any other party for any successful claim against Us shall not exceed the value of £100 or the amount You have paid directly to ESAVIOUR LTD. in the past 12 months, whichever is greater and shall be levied solely against ESAVIOUR LTD.

Privacy Policy, Confidentiality and Data Protection

You submit to Your information being shared as deemed necessary and appropriate by Ourselves for the functioning of The Websites.

Information provided in a capacity as an eSaviour will be made publically visible. This is in accordance with part of the purpose of The Websites – to facilitate advertising of skills and expertise.

Information provided by a User in relation to a Job / Help Request posted in the Job / Help Request Area, or in relation to a Service for Sale posted, will be publically visible.

You shall protect the privacy and confidentiality of any information obtained as a result of or in relation to Your use of The Websites, whether that information relates to another User, Ourselves or otherwise, with due care.

You shall not disclose, publish nor cause to be published any information obtained as a result of or in relation to Your use of The Websites, without the express written permission of the party to which the information relates.

Both You and Ourselves shall each comply with UK laws relating to Data Protection, including the Data Protection Act 1998. However, We cannot guarantee that all Users will respect and uphold these Terms and Conditions at all times, including this section relating to Privacy, Confidentiality and Data Protection. You should evaluate what information You are happy to supply to or via The Websites and the risks associated with doing so and You accept full liability, responsibility and accountability for that provision.

You expressly agree to the following:

  • You shall only use the information obtained through or as a result of the use of The Websites to fulfil the purpose for which that information was given or obtained. Conversely, You will not use any information obtained through or as a result of the use of The Websites for any matter incompatible with the purpose or purposes for which that information was given or obtained.
  • You shall only retain personal data which is adequate, relevant and not excessive in relation to the purpose for which it is required, which must be relevant to matters conducted through or in relation to The Websites.
  • You shall not retain personal data obtained through nor as a result of use of The Websites for longer than is necessary for the purpose for which it was given or obtained. You therefore agree to destroy any data which is no longer reasonably required or which can no longer fairly be retained.
  • You shall ensure any data which is retained by You is accurate and where necessary kept up to date.
  • You shall ensure You employ appropriate technical and organisational measures to protect the information to which You have access against unauthorised or unlawful processing and against accidental loss, destruction or damage.
  • You shall not transfer data to any country nor territory that does not ensure adequate levels of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
  • You shall on request comply with any data subject access request relating to You or with which You are able to assist.
  • We may disclose any information relating to You to which we have access, if required, to any legal or regulatory authority, including, but not limited to, the police and HMRC.
  • We have exclusive copyright and intellectual property rights to The Websites, including, but not limited to, all content, functionality, coding and features.
  • You expressly confirm that You have the authority to give Us permission to share, use, transfer or sub-license any content You introduce to The Websites, including any modifications We see fit to make, royalty free, worldwide, perpetually and irrevocably, in any way We see fit and You expressly confirm that Our doing so will not infringe the rights of others.

How We Process Your Data

We take the security of Your data very seriously and take all steps in line with the Data Protection Act 1998 and industry standards to ensure Your data and associated privacy is protected.

Without limiting any other Terms and Conditions stipulated, Your account information (including, but not limited to, the e-mail address with which You registered, Your password, Your home address and Your telephone number) will not be made publically visible to other Users unless You also provide this information in a capacity as an eSaviour.

What Information We Collect

It is within Your control to decide what information You provide to The Websites. You do not have to create an account but You may be unable to access some parts of The Websites if You do not provide certain information (required information is indicated during the account signup process).

We collect and hold information about You when You provide it on The Websites. This includes, but is not limited to, Your account details, Your conversations with other Users, ratings or comments You provide or provided in relation to You, Your IP address and any communication with Us, for example through the Contact Us webpage.

We also collect information about usage statistics, relating to The Websites, including, but not limited to, what pages or subdomains of The Websites You and other Users visit, how often You and other Users visit The Websites, how long You and other Users spend on The Websites, what adverts You and other Users view or click on The Websites, how You and other Users were connected to, introducted to or came to view The Websites, what browser and operating system You and other Users are using to navigate The Websites, what search terms You and other Users enter on or in relation to The Websites, navigation pathways (what order You and other Users click on the webpages and how webpages create traffic on or lead to the access of each other) what sites You and other Users link to externally and what You and other Users say about The Websites externally.

How We Use the Information We Collect

We partly fund The Websites through advertising and so without limiting any other stipulation within these Terms and Conditions We may use any information available to Us as We see fit, whilst upholding Our commitment to data protection and privacy, with a particular interest in anonymised usage statistics leading Us to improve The Websites and the advertising on or relating to them.

We use information collected from or in relation to You to improve The Websites and the service provided to You and other Users.

We also use information for administrative purposes e.g. to activate Your account when You sign up or to inform You of a message being sent to You by another User.

We may use the contact information You have provided to The Websites, including, but not limited to, Your telephone number(s), email address(es) and home or business address(es), to contact You regarding, but not limited to, any news or updates relating to The Websites or to inform You of any information, special offers, promotions, products or services in which We think You may be interested, to respond to a query from You, to ask You to take part in a survey or to discuss something related to You and The Websites.

We share anonymised usage information and statistics with other organisations and You expressly submit to this.

We may also share Your information with other reputable organisations with which We have a business relationship.

You can change Your communication preferences in Your account settings.

By providing Your information to The Websites You expressly agree that You are aware and consent to Your information being available outside the UK and outside the European Economic Area (EEA) and as such this may mean that Your information is processed, transferred to and stored outside the EEA.