Terms & Conditions

Introduction

The following describes the terms on which The Building Trade Journal offers you access to our Market Place and Directory listing services.

Terms of Use

While using The BTJ, you will not:

1. post, list or upload items in an inappropriate area on our site;
2. breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
3. breach our policy concerning advertising for sale prohibited items, refer to our prohibited items section below;
4. post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
5. distribute or post spam, chain letters, or pyramid schemes;
6. distribute viruses or any other technologies that may harm The BTJ, or the interests or property of The BTJ users;

Abuse of The BTJ Website

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and restrict or prohibit access to, and your activities on, the site (including, without limitation removing listings), delay or remove hosted content, and take technical and legal steps to keep you off our site if:

1. we think that you are creating problems, or exposing us or any other BTJ user to financial loss or legal liabilities;
2. we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;
3. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.

You agree not to hold The BTJ responsible for any loss you may incur as a result of The BTJ taking any of the actions described above.

Spam

We do not tolerate unsolicited commercial communications. You may not add other BTJ users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.

You may not use our communication tools to send spam or otherwise send content that would breach our Terms of Use. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered BTJ email address, but belonging to another BTJ member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

Payment of Fees and Placement of Listings.

Use of The BTJ website is free. We do charge fees for using other services, such as placing a Directory listing of listing items for sale in our Market Place. When you place a listing you have an opportunity to review and accept the fees that you will be charged.

Unless otherwise stated, all fees are quoted in GB pounds sterling. You are responsible for paying all fees and applicable taxes associated with using our site and services in a timely manner with a valid payment method. If your payment method fails your listing will not be placed. You agree that we may issue you with a receipt in electronic format by email.

Disclaimer

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

You will not hold The BTJ responsible for any loss you may incur as a result of The BTJ taking any of the actions described in the “Abuse of The BTJ Website” section above nor for other users' actions or inactions, including any listings that they may post. Our site is a venue to allow any construction entity to list their services or surplus construction materials or items for sale. At no point do we have possession of anything listed or sold through The BTJ Market Place.

The advice given in this site is given in good faith and believed to be in accordance with good building trade practice current at the date it was posted on the site. The partners of The Building Trade Journal do not accept liability for any loss or damage occasioned by any person or organisation acting on or refraining to act on any advice given in this site. Readers having any concerns about any of the subject matters should seek independent advice.

Whilst we endeavour to ensure all directory listings are suitably qualified or experienced trade professionals it remains the responsibility of the individual to satisfy themselves as to the suitability of the companies or individuals in question, for the specific application intended. We would recommend that you take your own references as appropriate

We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

The Building Trade Journal cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our site.

We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

We (including our officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our site and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the total fees you paid to us in the 12 months prior to the action giving rise to the liability.

Release

If you have a dispute with one or more users of The BTJ website, you release us (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and interference

In using our site you agree that you will not:

1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your Information) from our site without the prior expressed written permission of the Building Trade Journal and the appropriate third party, as applicable;
3. interfere or attempt to interfere with the proper working of our website or any activities conducted on our sites;

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. You can access and modify the information you provide us by signing-in to your account.

Compensation

You agree that you will only use our sites and services in accordance with this Agreement. You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.

Legal Notices

Any legal notices shall be served by registered mail to our registered address as noted above. We shall send notices to you by email to the email address you provide during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Resolution of disputes

If a dispute arises between you and the Building Trade Journal, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.