THE OFFSITE GUIDE LIMITED – USER TERMS AND CONDITIONS
Last updated: 17 November 2022
These User Terms and Conditions (the “Agreement”) are a binding agreement between You (“User) and
The Offsite Guide Limited (“The Offsite Guide”) is a company registered in England and Wales
Company number: 14217530
Registered office: 48 Arwenack Street, Falmouth, Cornwall TR11 3JH
This agreement regulates Your access to and use of the website www.The Offsite Guide.com and the Offsite Guide Marketplace Web Application developed for use in a web browser including on mobile devices (collectively the “The Offsite Guide Marketplace” or “The Offsite Guide Platform”). The functionality of The Offsite Guide Marketplace specifically designed for use by Users (the “User Application”) allows the User to register, and use products and services through the Offsite Guide Marketplace.
1.1 You may agree to these terms and conditions when you register with us by filling in a tick box and agree to be bound by these terms, otherwise, you cannot access or use the User Application and the Offsite Guide Marketplace.
1.2 The Offsite Guide may terminate, without notice, Your access to the Offsite Guide Marketplace and/or the User Application if You fail to comply with this Agreement.
You also represent and warrant to The Offsite Guide that:
1.3 You are at least eighteen years of age and have the authority to enter into this Agreement;
2. Your Information and Privacy
3. The Offsite Guide Marketplace
3.1 The Offsite Guide Marketplace is a marketing channel via which Sellers (can be refrred to as “Partners”) market Offsite Modern Methods of Construction for residential or commercial purposes for sale or rent to Users. Users can search and review products & services online via The Offsite Guide Marketplace and then make direct enquiries to the Sellers. Purchase and letting transactions facilitated by the Offsite Guide Marketplace are conducted outside the Offsite Guide Marketplace, which solely serves as an information and advertising medium.
3.2 The Offsite Guide does not have any control over any of the Sellers or other third parties, and therefore is not liable or responsible for any actions taken, or supposed to be taken, by any Seller or third party.
4.1 The purpose of this Agreement is to set out the terms and conditions under which The Offsite Guide will let You access the Offsite Guide Marketplace and use the User Application through Your mobile device, tablet or computer.
5.1 You do not need to register or open an account to browse our website, however, to use the Offsite Guide Marketplace and the features made available through the User Application, You are required to complete a registration process to create a User Account with The Offsite Guide (“Account”).
5.2 When You create Your Account You are given access to use the Offsite Guide Marketplace solely for informational purposes and as allowed under the Agreement.
5.3 Creating Your Account offers You access to various functions that include but are not limited to entering and editing Your personal details, reviewing Offsite products & services offered on the Offsite Guide Marketplace, communicating with Sellers, saving listings and sharing listings. To create Your Account, it is necessary to provide certain personal information, which includes but is not limited to, Your name, address and email address.
6. Information on Offsite products & services
6.1 The User Application presents You with a description of the available Offsite products & services so that You get clear information about specifications, features, as well as other relevant information about the Offsite products & services.
6.2 Please note that the Offsite Guide Marketplace is not the provider or the producer of the Offsite products & services listed nor is The Offsite Guide responsible for the information given about each Product or Service. As the provider and/or seller of the Offsite products & services, the Seller is responsible for all information regarding the listings on the Offsite Guide Marketplace. If You have any questions regarding information about a Product or Service listed You should direct any queries directly to the Seller via the message facility on the Offsite Guide Marketplace. You may also contact The Offsite Guide by email at email@example.com.
6.3 All agreements for the sale or transfer of Items or payments concerning these transactions are made directly between You and the Seller and not through the Offsite Guide Marketplace. You are responsible for all your agreements and arrangements such as delivery between you and the customer.
6.4 Images of Offsite products & services are for illustrative purposes only. There may be slight variations in colour and size between the image of a Product or Service and the actual Product or Service offered for sale or rent.
6.5 When a User has completed Registration and is logged in to the Offsite Guide Marketplace, the User can search for Offsite products & services that are being offered for sale or rental. The Seller shall make all reasonable efforts to ensure that all prices shown on the User Application and/or The Offsite Guide Marketplace are correct at the time of going online. The Seller reserves the right to change prices and to add, alter, or remove special offers from time to time and as necessary including price changes for a particular Product or Service that may vary from day to day.
7.1 Any transaction that You may conduct with a Seller is carried out directly with the Seller and not on or via the Offsite Guide Marketplace. The Offsite Guide does not get involved in any transaction You may have with the Seller.
8. Collection or Customer Delivery
8.1 The Seller is solely responsible for arrangements for the Delivery of Items to the Customer.
9. The Offsite Guide Fees
9.1 The Offsite Guide does not currently charge Users to use the Offsite Guide Marketplace and/or User Application. The Offsite Guide may, at any point and at its sole discretion, elect to begin charging fees for use of different elements of the User Application and/or for different levels of subscriptions to the Offsite Guide Marketplace. If this occurs, The Offsite Guide will give advance warning of any additional charges and seek to amend this Agreement accordingly.
10. Seller Responsibility for Offsite products & services
10.1 The Seller is solely responsible for the Offsite products & services that they advertise via the Offsite Guide Marketplace. The Offsite Guide Limited is not the producer, retailer or provider of the Offsite products & services listed on the Offsite Guide Marketplace and will not, to the extent permissible by UK law, be liable for the quality of any Offsite products & services listed, any damage caused by or connected to any Offsite products & services listed, or any errors or erroneous information that may be included in the listing.
10.2 If you detect a technical error or other error in the Offsite Guide Marketplace or any listings on the Offsite Guide Marketplace, you can report the problem through the Offsite Guide Marketplace or using email firstname.lastname@example.org.
11. Customer Support
11.1 The Offsite Guide offers support to Users during normal office working hours and via the Offsite Guide support centre. Please refer to the Offsite Guide Marketplace for up-to-date information on how to access the support centre and its opening hours or use the “Contact us” link on the web-site.
Conditions of Use
12. User Responsibilities
12.1 It is Your responsibility to make sure that all information provided by You to The Offsite Guide and on the Offsite Guide Marketplace, is current, accurate, and complete, and that You will maintain the accuracy and completeness of this information going forward.
12.2 It is also Your responsibility to maintain all passwords and access codes to the User Application, and refrain from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the User Application and/or The Offsite Guide Marketplace. The User is solely responsible for the Items that they make available through the User Application and via the Offsite Guide Marketplace.
13. Security and violations
13.1 The Offsite Guide makes every effort to keep the User Application and the Offsite Guide Marketplace safe and secure but needs Your help to do it by not violating or attempting to violate the security of the User Application or the Offsite Guide Marketplace.
13.2 Furthermore, You may not use the User Application or the Offsite Guide Marketplace for any purpose that:
a. invades any person’s or entity’s privacy or other rights;
b. misidentifies You or impersonates any person or entity, including, without limitation, any employee or representative of The Offsite Guide;
c. pretends to be someone other than You are or pretends to represent a company or organisation that You are not affiliated with or authorized to represent;
d. could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
14. The Offsite Guide Rights
14.1 The Offsite Guide has the right to at any time suspend or terminate a User’s Account and access to the User Application or the non-public portions of the Offsite Guide Marketplace if the User violates the Agreement or uses the User Application and/or the Offsite Guide Marketplace in a way that is harmful to The Offsite Guide or any third party.
15. Third-party content
15.1 The User Application and the Offsite Guide Marketplace provide access to Content provided by Sellers and other third parties, including Product or Service information, pricing, discount information, menus, photographs, graphics and Seller information (“Third Party Content”).
16. Information Accuracy
16.1 The originator of any Third Party Content is solely responsible for it, and The Offsite Guide does not and cannot review all Third Party Content made available through any part of the User Application or the Offsite Guide Marketplace. As such, The Offsite Guide cannot guarantee the correctness of any Third Party Content or fitness for use of any Items posted on the Offsite Guide Marketplace via the User Application.
17. Liability and responsibilities
17.1 Nothing in this Agreement will:
a. limit or exclude the liability of a party for death or personal injury resulting from negligence;
b. limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
c. limit any liability of a party in any way that is not permitted under applicable law; or
d. exclude any liability of a party that may not be excluded under applicable law.
17.2 You agree that in no way will we be liable for direct, indirect, incidental, consequential or any other remedies as a result of using our Services, applications or Marketplace or by any other third parties. Additionally, we are not liable for damages or remedies for website or App failure, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; third-party theft of, destruction of or unauthorised access or alteration or use of your information or personal data (subject to GDPR or the Data Protection Act 2018 if applicable), whether we were negligent or not. This applies even if we have been advised of the possibility of something or could have foreseen loss or damage.
17.3 In no event shall The Offsite Guide be liable for any damages arising out of Your use of the User Application and/or the Offsite Guide Marketplace, or for any loss or damage of any kind incurred as a result of the Third Party Content or offers or orders placed by Users relying on such Third Party Content. We will not be liable in respect of your loss of profits, income, revenue or anticipated savings or earnings, loss of goodwill or loss of reputation or any type of economic loss due to using our service, App or marketplace.
17.4 The Offsite Guide will be liable to You for any foreseeable loss or damage that is caused by The Offsite Guide as a result of The Offsite Guide’s breach of the Agreement's failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by You and The Offsite Guide when the Agreement between the parties was formed. We will not be liable in respect of any loss or corruption of any data, database, or software.
17.5 Subject to GDPR or the Data Protection Act 2018, if applicable, we will not be liable for any data breach or data protection losses that were contributed to or caused by you.
17.6 Neither party will be liable for breach-of-contractual damages suffered by the other party that are remote or speculative, or that could not have reasonably been foreseen before entering into this agreement.
17.7 The Offsite Guide will only be liable to You for any foreseeable loss or damage that is caused by The Offsite Guide as a result of The Offsite Guide’s breach of the Agreement or The Offsite Guide’s failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by You and The Offsite Guide when the Agreement between the parties was formed.
17.8 To the fullest extent permissible by law, The Offsite Guide exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Offsite Guide Marketplace, User Application or any Content or Third Party Content.
17.9 The Offsite Guide exercise all reasonable skill and care to ensure that the User Application and the Offsite Guide Marketplace are free from viruses and other malware. Subject to where it is unlawful for The Offsite Guide to exclude liability, The Offsite Guide accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect Your hardware, software, data or other material that occurs as a result of Your use of the User Application and/or the Offsite Guide Marketplace including the downloading of any Third Party Content or any other website or service that The Offsite Guide may provide a link to.
17.10 The Offsite Guide neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the User Application or the Offsite Guide Marketplace resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
17.11 Subject to the above, The Offsite Guide’s total liability to You in respect of any claims arising out of, or in connection with, this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed £1,000 (one thousand Pounds Sterling).
17.12 The Offsite Guide cannot guarantee that the User Application and the Offsite Guide Marketplace, including any Content, will be uninterrupted or error-free. The Offsite Guide cannot be held responsible for missed opportunities to purchase Offsite products & services if the User Application and/or the Offsite Guide Marketplace is unavailable or if any Content, information or functionality does not work as expected.
18.1 You agree to pay us for any losses, damage, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, lawyer’s fees, arising from any breach by you of any of these Terms and Conditions. You will provide us with any help that We might ask for in connection with any such defence without any charge including, without limitation, giving us such information, documents, records, and reasonable access as we see necessary. You will not resolve any third-party claim or reject any defence without our prior written permission
19. Intellectual Property
19.1 “Intellectual Property Rights” means any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions.
19.2 All Intellectual Property Rights subsisting in the User Application and the Offsite Guide Marketplace shall at all times remain the property of The Offsite Guide or its licensors. Nothing in this Agreement shall vest any rights in any material provided by, or otherwise belonging to The Offsite Guide in the User.
19.3 Any Intellectual Property Rights arising from suggestions and recommendations from You to The Offsite Guide regarding the User Application or The Offsite Guide Marketplace are the property of The Offsite Guide and The Offsite Guide may use such content for marketing purposes or to improve the Offsite Guide Platform for users.
19.4 The Offsite Guide shall be entitled to display advertising and/or any other Content at locations of its choosing within the Offsite Guide Marketplace and/or User Application, including without limitation adjacent to Your content.
19.5 Our Site, promotional and marketing material, business stationery and digital materials any portion of the Website or the User Application or the Offsite Guide Marketplace, any content, photographs, descriptions, software, image or other information or any data taken or used (collectively, “Content”). contain intellectual property owned by us including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any content or intellectual property, in whole or in part, without our prior written consent.
19.6 For the sake of clarity, this does not apply to Content belonging to the User, for example, photos of Items from the User in the User Application or the Offsite Guide Marketplace
20. Copyright infringement
20.1 The Offsite Guide respects the Intellectual Property Rights of others and asks You to do the same. You may not use the User Application, the Offsite Guide Marketplace, the Content or any other materials from the User Application or the Offsite Guide Marketplace in any manner that may infringe upon any copyright or other Intellectual Property Rights of The Offsite Guide or any third party.
Term and Termination of Account
21.1 The Agreement shall continue in full force until either:
(a) You terminate Your Account, or
(b) The Offsite Guide terminates Your access to the User Application or non-public portions of the Offsite Guide Marketplace, with or without notice.
21.2 When this Agreement is terminated, You no longer have access to the User Application or any other non-public portions of the Offsite Guide Marketplace.
22. Termination of Account
22.1 For purpose of clarity, You are entitled to terminate Your The Offsite Guide Account at any time. Choose “Delete Account” or any corresponding function in the User Application or contact The Offsite Guide requesting that your account be deleted. On your account termination date, The Offsite Guide will then delete or anonymise any personal information that can be attributed to You, except for certain information that The Offsite Guide by law may have to save and archive.
23. Force Majeure
23.1 Where what is known as a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event. Examples of such events and circumstances, but not limited to, include fire, flood and natural occurrences, strikes, trade disputes, lockouts, restrictions of imports or exports, riots, accidents, disruption to energy supplies, lockdowns, pandemics, civil commotion, acts of terrorism or war
23.2 A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Agreement;
a. must notify the other; and
b. will inform the other of the period for which it is estimated that such failure or delay b. will continue.
c. The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.
24. Changes or updates to the agreement
24.1 The Offsite Guide may change or update the Agreement from time to time, and any such change or update will be set in effect when posting the updated version of the Agreement on the Website or within the User Application or on the Offsite Guide Marketplace.
24.2 When The Offsite Guide makes major changes to the Agreement, The Offsite Guide will provide You with prior notice as appropriate under the circumstances, e.g., by displaying a notice within the User Application, the Offsite Guide Marketplace or by sending You an email. If You do not agree to the amended Agreement, You have the right to terminate Your Account.
25. Termination of service
25.1 The Offsite Guide reserves the right to modify, suspend, or discontinue the User Application and the Offsite Guide Marketplace without any notice at any time and without any liability to You if you are found violating, abusing or breaching.
26. Jurisdiction and Governing law
26.1 You agree that any dispute or claim arising out of this agreement or in connection with its subject matter or formation, including non-contractual disputes or claims, will be governed and interpreted according to the Laws of England and Wales in English. You also agree that English courts have exclusive jurisdiction.
27.1 The Offsite Guide may transfer (assign) our obligations and rights under the Agreement to a third party, e.g if The Offsite Guide sell the business. If this occurs, You will be informed by The Offsite Guide in writing. Your rights under this Agreement will not be affected and The Offsite Guide’s obligations under this Agreement will be transferred to the third party who will remain bound by them.
28.1 If an appropriate court or arbitrator decides that a clause or condition in this contract is invalid or it conflicts with a law, the invalid clause can be cut from this agreement leaving the rest of the agreement valid and unaffected.