Member Terms and Conditions

Last Updated: 8/3/2017

www.iTechnician.co.uk (“iTechnician”, “Us”) is an independent portal (“Site”) operated by Interactive Network Limited who is a company registered in England and Wales under registration number 07616055. The registered office is Greengate Business Centre, 2 Greengate Street, Oldham, OL4 1FN. The following terms and conditions (“Terms”) are for those wishing to advertise their services on the Site (“Member”, “You”) and sets out the relationship between iTechnician and You (“You”, “Your” or “Member”).

By using this website and our Service, You acknowledge and agree to these Terms and Our Privacy and Cookie Policy. If you do not agree with these Terms, please do not use this site. By engaging in our services you are bound to and are deemed to have understood the following;

1. REGISTRATION

1.1. Members must apply to register an account with iTechnician. Upon completing the application form, iTechnician shall process the application and contact the Member once the application has been accepted.

1.2. At present, only Members within the United Kingdom and Europe may apply for an account with iTechnician. However, once approved, Members may sell their services to Customers in any location

1.3. Registration to use the site shall require a username. Usernames must not infringe on any intellectual property rights, violate any of the terms contained herein, be offensive, vulgar or immoral. Usernames found to be in breach of this clause 2.1 shall be blocked and removed.

1.4. Once an account has been created, Members shall be solely responsible for account activity. Usernames and passwords should not be given to third parties and all activities on the account shall be the responsibility of the Member. All transactions made through the account should be made in accordance with these Terms.

1.5. Members must be over the age of 18 and any Members found to have provided false information shall be immediately removed from the site.

1.6. Account applications shall be processed within 48 working hours.

2. ITECHNICIAN LIMITATIONS AND FUNCTION

2.1. iTechnician is a portal connecting Customers and Members and as such, purchases are not made directly from or through iTechnician.

2.2. Members are in no way affiliated with or connected to iTechnician.

2.3. Members and Customers are not validated by iTechnician.

2.4. iTechnicians’ terms and conditions only govern this Site and iTechnicians’ liability and responsibilities, as such, Members should ensure that they provide Customers with their own terms and conditions, shipping policies and returns policies where applicable.

2.5. iTechnician does not endorse or guarantee any items or services sold by you and does not provide any testing or standards against which items sold, are held.

2.6. Purchases are at the complete discretion of the Customer.

2.7. Customers may make quote requests through the Portal. Such requests shall be made available to the Member for 30 days. Quote shall be accessible from the Members account and it is the Members responsibility to respond or deny such requests.

3. DISPUTES

3.1. iTechnician shall not be responsible for any disputes arising between the Customer and Member under any circumstances.

3.2. Members should provide their own terms and conditions and policies to Customers.

3.3. iTechnician provides a portal service where the Member may advertise their services for purchase and/or contact by Customers. As such, iTechnician shall not be liable or hold any responsibility for the interaction between the parties using the site, or for any disputes which may arise between them.

3.4. All disputes directed to iTechnician shall be redirected to the Member directly.

3.5. Where Members refuse to deal with disputes, or have consistent disputes reported by Customers, iTechnician, reserves the right to remove the Member and close their account

4. RESPONSIBILITIES AND OBLIGATIONS

4.1. As iTechnician do not validate or test services, it is your responsibility to ensure that the services you provide are suitable for the user. iTechnician cannot be held liable or responsible for any injury caused by use of a product or service you have provided

4.2. Members may sell to Customers in any territory but must abide by the laws of such territory. iTechnician shall not be held liable for any consequences arising out of the sale or distribution of forbidden or illegal items or services.

4.3. Members found to be selling illegal or immoral goods or services shall be reported, along with the Customer to the relevant authorities, and shall be forbidden from using the portal in the future.

4.4. iTechnician reserves the right to terminate any account, without notice for any reason.

4.5. Where iTechnician is alerted to any item which is in breach of any laws, legislations, trademarks, intellectual property rights, licences, design rights or other such legally binding rights, iTechnician, shall reserve the right to remove the item from the Members account and may, at their discretion, place the Members account on hold until such a time as the Member either removes such items in full, or satisfies iTechnician that no other items sold on their account breaches any such laws.

5. REFUNDS AND CANCELLATIONS

5.1. Purchases are made through iTechnician, but not from iTechnician. As such, requests for cancellations, refunds or disputes relating to items or services purchased, should be directed directly to you.

5.2. Under the laws of England and Wales, unopened, unused items or faulty goods may be returned for a full refund within 14 (fourteen) days of purchase in accordance with the Distance Selling Regulations 2015. You may provide your own return policies incorporating this regulation.

5.3. The process of returning items and cancelling orders must be managed between You and the Customer and iTechnician shall not be involved in anyway, in this process.

5.4. Members must contact the Customer requesting to cancel an order or return an item within a reasonable period of time.

5.5. Members shall decide how items are returned to them and who is required to pay for such returns. iTechnician shall not bear any liability to lost, stolen or unpaid items. Disputes shall be solely between the Customer and Member. 5.6. Returned goods should be sent directly to you. iTechnician shall not accept any returned items, nor any liability for such items. Where items are sent to iTechnician, the Member shall be responsible for either redirecting the items, collecting the items or paying for their postage, in the event that iTechnician accepts the return. 5.7. Notwithstanding clause

5.6 above, iTechnician are under no obligation whatsoever to accept any items being returned and may reject such items. As such, Members should clearly disclose their return and cancellation policies to Customers. 5.8. Refunds for returned items shall come directly from the Member and as such any disputes related to refunds or returns should be directly directed to the Member. iTechnician shall not respond to any such queries.

6. CONTENT AND UPLOADING

6.1. Members shall be required to upload descriptions of their services on to the portal. Members agree and accept they shall not upload any content which may be considered to be pornographic, immoral, obscene, in violation of any third party’s privacy or legal rights (such as trademarked, intellectual property rights and copyrights), false, misleading, threatening or defamatory.

6.2. Content uploaded to the Site should not be misleading, inappropriate or false and Members shall do their utmost to ensure that all content relating to services for sale is as accurate and truthful as possible.

6.3. Members who are found to be in breach of clause 4.1 above, or have been reported to be in breach of clause 4.1 above, shall be removed or temporarily suspended from accessing their account.

6.4. Members understand that photos and content uploaded to the site shall become available to iTechnician and that iTechnician retain the right to use such content for advertisement, or marketing purposes.

6.5. Members should ensure that content uploaded to the site is free from any virus’. 6.6. iTechnician shall not check content other than on a random basis. As such, iTechnician cannot be held liable and accepts no responsibility for any incorrect information or errors within the content uploaded.

6.7. By uploading content, Members are granting a license to iTechnician. iTechnician shall not claim ownership or any other rights whatsoever, to any content uploaded to the site by Members. However, by uploading content, Members understand and agree that iTechnician shall, from time to time, where deemed appropriate use content for advertising and promoting the site.

7. SHIPPING AND DELIVERIES (WHERE APPLICABLE)

7.1. Members are directly responsible for the shipment of goods they sell, if appropriate. As such, shipping times, prices and other related information should be provided to the Customer by the Member.

7.2. Members should endeavour to honour all shipping information provided and should provide the Customer with any additional estimation of taxes or duty to be paid upon items which are being sent outside of the UK.

7.3. iTechnician do not accept any liability for lost or stolen shipments or for unpaid taxes or duties. Members should communicate directly with the Customer in relation to any issues or information regarding shipments.

8. PAYMENTS AND FEES

8.1. iTechnician shall charge a fee of £34.99 per month for the use of the Portal allowing the Member unlimited access and lead generation from the Site.

8.2. Payments shall be taken from the Customer via standing order or as otherwise agreed by iTechnician.

8.3. Members are responsible for updating their payment details and ensuring that contact details are kept up to date and accurate.

8.4. Non-payment of the Fees shall restrict the Members account and access may be terminated.

8.5. iTechnician reserves the right to attempt to charge the Members card on three separate occasions if payment fails.

9. WARRANTY AND LIMITATION OF LIABILITY

9.1. ITECHNICIAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ITECHNICIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ITECHNICIAN MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT ITECHNICIAN IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ITECHNICIAN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF PLEASURE MYSTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ITECHNICIAN AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ITECHNICIAN PURSUANT TO THIS AGREEMENT

9.2. You shall indemnify and hold harmless iTechnician and its personnel against all Liability and Losses (1) asserted against or suffered by you or any other person and arising out of or in connection with services, materials or information provided by iTechnician; and/or asserted against or suffered by iTechnician or any other person (including you) and arising out of or in

connection with services, materials or information provided by or on behalf of you, and including without limitation losses and expenses incurred by iTechnician directly.

9.3. The Provisions of this clause 7 shall not apply in circumstances where they may not apply by virtue of applicable law, including where applicable, and without limitation: -

9.3.1. by virtue of Section 7 of the Consumer Protection Act 1987; and

9.3.2. by virtue of Section 2(i) of the Unfair Contract Terms Act 1977 in respect of liability for negligence.

9.4. In these terms the expression "Services" shall include without limitation the making of any statements by ITechnician or on its behalf in connection with these terms. For the purpose of this clause 7 iTechnician contracts on its own behalf and on behalf of, and as trustees for, it’s personnel.

9.5. For the purposes of this clause 7:

9.5.1. "Liability" means liability in contract, tort (including without limitation negligence and defamation), breach of statutory duty or otherwise

9.5.2. "Losses" means demands, claims, awards and other losses and expenses (including legal fees) in respect of death, personal injury, loss or damage

9.5.3. "Personnel" includes partners, officers, employees, agents and representatives.

9.6. Should any claim arise in contract or in tort (including negligence) or otherwise, iTechnician’s maximum aggregate liability shall in no circumstances exceed an amount equal to the iTechnician’s Professional Indemnity cover.

9.7. All content used by iTechnician, aside from that belonging to Members, is the property of, or licensed by iTechnician. To use such content without iTechnician’s express permission shall be an infringement on iTechnician’s legal rights and ownerships.

10. RELATIONSHIP

10.1. iTechnician provides a portal for Members and Customers to transact. iTechnician does not hold itself out to have any relationship with any users of the Site and You as a Member shall not hold yourself out to having any relationship with iTechnician other than a user of the portal service.

10.2. iTechnician are not liable for any interaction between parties using the Site, between Member and Customer or any other user. iTechnician take no liability or responsibility for disputes which may arise out of using the Site or from purchasing or selling services.

11. COPYRIGHT AND INTELLECTUAL PROPERTY

11.1. The Member understands that content other than which they hold the copyright to themselves, is subject to copyright laws and Members must not use such content elsewhere unless expressly given permission by the copyright holder.

11.2. All logos, tag lines, images and content belonging to iTechnician is either subject to copyright laws, trademarks or is licensed to iTechnician. As such, use of such content is a direct violation of those laws and iTechnician shall take action against any infringement in the appropriate manner.

12. TERMINATION

12.1. Members may terminate their account at any time, for any reason by logging into their account and accessing the settings area.

12.2. Content which is available at the time of termination will remain online unless removed by the Member.

12.3. Where the Member terminates their account, any outstanding disputes. Payments or fees shall remain the Members responsibility and Members shall still be liable for all refunds, returns and communications with and to Customers.

12.4. iTechnician may terminate a Members account at any time, without notice in the event that they believe the Member to be in breach of these Terms. Users of iTechnician do not have any contractual or legal right to use the platform, and as such, iTechnician may decide to suspend or terminate an account for any reason and without notice.

13. SEVERANCE

13.1. If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

14. FORCE MAJEURE

14.1. iTechnician shall not be deemed in breach of these terms if they are unable to complete the Services or any portion thereof by reason of fire, earthquake, employment dispute, act of God or public enemy, death, illness or incapacity of iTechnician or any national or international law, governmental order or regulation or any other event beyond ITechnician’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, iTechnician shall give notice to You of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

15. JURISDICTION

15.1. The formation, construction, performance and enforcement of these terms shall be in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms. You acknowledge that ITechnician will have no adequate remedy at law in the event You use the deliverables in any way not permitted hereunder, and hereby agree that iTechnician shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.

16. GENERAL

16.1. iTechnician may, from time to time amend or change these terms. Any amendments shall be made to you in writing.