Legal Definition

Facilitation services means services that do not require the exercising of discretion or judgement, or the giving of confidential advice or advocating on behalf of either the buyer or the seller and may include contact name, email address, land or mobile number, description on the services required, budget and timing of project. Facilitation services means the execution, acceptance, processing, or receiving.

Lead means the referral by a third-party seller or buy of an actual or potential customer for the purchase or lease of a product or service from another buyer or seller.

Gardener a person or business that sells a commodity or service.

Consumer a person or business that purchases a commodity or service.
 
We, Find a Local Gardener Limited (“we”, “us”, “FLG”) make the Facilitation Services available to the Customer via the website www.findalocallead.com. We are a company registered in England and Wales under company number 11727062, registered address 26-28 West Street Bridport Dorset DT6 3QP Our VAT number 335 458 783

You can contact us:

·         By email to: hello@findalocallead.com
·         By phone to: 0116 216 1880
·         By post to: Pera Business Park, Nottingham Road, Melton Mowbray, LE7 2DD

1. Definitions and Interpretation

1.1. In these Terms and Conditions, the following words and expressions have the following meanings:
“Find a Local Lead” a request from a Consumer as referred to in clause 2 below;
“the Gardener” / “you” businesses and people who use the Website to search for a consumer lead to whom they wish to provide the Service;
“Consumer Contract” the contract between the Consumer and Gardener for the provision of the Service; the “Facilitation Services” the provision by Find a Local Lead, of a Consumer’s contact details, as set out in clause 2;
“the Professional” means the person or business offering their professional services to Consumer;
“the Services” the professional gardening services provided by a Professional to a Consumer;
“the Website” means www.findlocallead.com
 
2.       The Facilitation Services

2.1.    findalocallead.com operates the Website which has been established to facilitate introductions between potential customers and professionals for the provision of a wide range of gardening services.

2.2.    To use the Facilitation Services, you will be required to accept these Terms and Conditions following the instructions on the Website, and a contract will be formed between you and us for the provision of the Facilitation Services at that point.

2.3.    You will need to enter a separate contract with any Consumers you wish provide the Services. See below for more information.

2.4.    findalocallead.com has no influence or control whatsoever of the information contained in the Lead description featured on the Website and accepts no liability for its content or correctness or actual financial worth. The content of such is the responsibility of the respective commissioning Consumer. You will need to contract directly with the Consumer for any services you wish to offer them.

Important: findalocallead.com acts only as a facilitator of the introductions referred to above, and the provision of any Services by a Professional to a Consumer will be subject to an entirely separate legal contract. If there are any issues with performance of those Services by you, you will have legal rights of redress against the Consumer directly, and not against Find a Local Gardener Limited.

3.       Ending our contract
You can always end your contract with us, and you can do this by ceasing to use the Facilitation Services. If you have opened a customer account on the Website, you will need to contact us by email, phone or post using the details listed above.

4.       Data Protection
Please see our Privacy Policy and Cookie Policy for more information on how your personal information will be used.

5.       Liability

5.1.    As provided for in Clause 2 above, you acknowledge that the contract for the provision of the Services is between you and the Consumer and as such, it is the Professional who is responsible for the provision of the Services to you. findalocallead.com shall have no liability to you whatsoever in respect of the provision of the Services and / or your dealings with any of the Consumers who are listed on the Website.

5.2.    Nothing in these Terms and Conditions limits or excludes our liability to you for:

5.2.1. death or personal injury resulting from negligence;

5.2.2. fraud or fraudulent misrepresentation; or

5.2.3. any other matter for which we are not permitted by law to exclude or limit our liability.

5.2.4. We accept no liability for the information contained on any third-party websites linked to on our website and we won’t be liable for any loss or damage that may arise from your use of them.

If you are a domestic and private user:

5.5. Please note that we only provide Facilitation Services to Professionals. You agree not to use the Facilitation Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you are a business Consumer:

5.6. We exclude all conditions, warranties, representations or other terms which may apply to this website or any content on it, whether express or implied.

5.7. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Facilitation Services. We will not be liable for:

5.7.1 loss of profits, sales, business, or revenue;

5.7.2 business interruption;

5.7.3 loss of anticipated savings;

5.7.4 loss of business opportunity, goodwill or reputation; or

5.7.5 any indirect or consequential loss or damage.

6. General provisions

6.1. We make changes to these Terms and Conditions from time to time. You should therefore check these Terms of Conditions whenever you return to our website to see whether any changes have been made, as these will be binding on you.

6.2. We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.

6.3. You need our consent to transfer your rights to someone else.

6.4. Nobody else has any rights under our contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

6.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

6.6. Even if we delay in enforcing these Terms and Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

If you are an individual consumer:

6.7. Which laws apply to our contract and where you may bring legal proceedings. These Terms and Conditions are governed by English law, and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

If you are a business customer:

6.8. If you are a business user these Terms of Use (and any non-contractual obligations arising out of or in connection with them) are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).