Please find below the terms and conditions to this Website. Please read these terms carefully before using our Services.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Agreement from time to time, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Agreement every time you use our Website so that you understand the Agreement. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement are posted.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website.
“Customer” means any natural person or legal entity who uses the Services (or on behalf of whom the Services are used) in order to solicit the purchase of Works (including, but not limited to, by calling a telephone number advertised on the Website). For the avoidance of doubt, a person or entity may be deemed a Customer, even if they are not a user of this site.
“Dispute Resolution” means the process through which Apex Emergency Repairs investigates, mediates, and/or resolves any disputes, disagreements or complaints between Customers and Engineers in connection with the Works.
“Engineer” means any person or entity who has contracted with Apex Emergency Repairs to use or access the Services, in order to solicit the sale of Works to Customers.
“Services” means the hosting of advertisements, provision of telephone numbers, provision of access to telephone lines, and Dispute Resolution in connection with the Works.
“Website” means https://apexemergencyrepairs.co.uk/ as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
“Works” means emergency plumbing, boiler repairs, tap repairs, sink repairs, shower repairs, radiator repairs, pipe repairs, toilet repairs, and any other works as advertised/not advertised through the Services.
You agree and acknowledge each of the following:
EACH ENGINEER IS AN INDEPENDENT, SELF-EMPLOYED PERSON AND IS NOT, FOR ANY PURPOSE AN EMPLOYEE OF APEX EMERGENCY REPAIRS
NONE OF THE ENGINEERS HAVE ANY AUTHORITY TO ENTER INTO AGREEMENTS OR CONTRACTS ON BEHALF OF APEX EMERGENCY REPAIRS.
EACH ENGINEER HAS THEIR OWN LIABILITY INSURANCE AND IS GAS SAFE REGISTERED (WHERE STATED AS SUCH), AND IS SOLELY AND FULLY RESPONSIBLE FOR THE WORKS SUCH ENGINEER PROVIDES.
APEX EMERGENCY REPAIRS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, TIMELINESS, QUALITY, ACCURACY, OR AVAILABILITY OF THE WORKS OR THE ENGINEERS (AS APPLICABLE).
ANY WORK SOLICITED FROM ENGINEERS IS SUBJECT TO THE CONTRACT BETWEEN THE CUSTOMER AND THE ENGINEER. Apex Emergency Repairs SHALL HAVE NO OBLIGATIONS TO INQUIRE INTO, RECORD, INVESTIGATE, GUARANTEE, OR ASSUME THE OBLIGATIONS UNDER ANY SUCH CONTRACT OR ANY TERMS THERETO.
EACH CUSTOMER IS FULLY LIABLE FOR ANY PAYMENTS TO BE MADE TO ANY ENGINEER UNDER ANY CONTRACTS AGREED BETWEEN THE TWO, AND MUST PAY THE ENGINEER IN CASH AT THE WORK’S COMPLETION ALONGSIDE ALL COSTS AND EXPENSES INCURRED BY THE ENGINEER (OR AS OTHERWISE AGREED BETWEEN THE CUSTOMER AND THE ENGINEER).
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AND EACH CUSTOMER’S USE OF THE WEBSITE AND THE SERVICES IS AT YOUR AND EACH CUSTOMER’S OWN RISK (AS APPLICABLE).
APEX EMERGENCY REPAIRS DOES NOT HAVE THE OBLIGATION TO PROVIDE THE SERVICES, NOR ANY OTHER SERVICE, WORK, OR HELP TO YOU OR ANY CUSTOMER. ALL SERVICES ARE PROVIDED ON A DISCRETIONARY BASIS.
APEX EMERGENCY REPAIRS HAS THE RIGHT, BUT NOT THE OBLIGATION, TO CONDUCT DISPUTE RESOLUTION. HOWEVER, IF YOU OR A CUSTOMER HAVE A COMPLAINT, PLEASE CONTACT THE RELEVANT ENGINEER DIRECTLY.
Each Customer covenants that Apex Emergency Repairs shall have the power (but not the obligation) to conduct Dispute Resolution in relation to any disputes, disagreements or complaints between Customers and Engineers in connection with the Works.
Each Customer covenants that, in the event Works are solicited but subsequently cancelled [less than 10 minutes] before such Works are scheduled to be done, then the Customer shall be liable to compensate the Engineers.
Representations and Warranties
You represent and warrant that you have the legal capacity and you agree to comply with this Agreement; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Website for any illegal or unauthorised purpose; and (5) your use of the Website will not violate any applicable law or regulation.
You represent and warrant that you have read and understand the service terms at https://apexemergencyrepairs.co.uk/service-conditions/ (as such terms may be updated from time to time).
You represent and warrant that you are not accessing or using the Website for any purpose other than that for which we make the Website available.
Term and Termination
This Agreement shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THE AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
YOU SHALL INDEMNIFY AND HOLD Apex Emergency Repairs HARMLESS FROM ANY DAMAGES, CLAIMS, LIABILITIES, LOSS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF ANY ACT OR OMISSION IN BREACH OF THE AGREEMENT (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ITS RESPECTIVE REPRESENTATIONS AND WARRANTIES).
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Agreement and the rights of each party shall be governed exclusively by the laws of England and Wales.
Any dispute arising from the Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then, at Apex Emergency Repairs discretion, the dispute can be resolved through binding arbitration.