Terms and Conditions
SORTSY is a new and exciting way to get connected with, introduced to and make appointments with various providers of services.
This agreement applies as between you, the User of SORTSY, and Allsop Consulting Ltd., a company registered in Northern Ireland (NI617487), whose registered address is 4A Heron Wharf, Heron Road, Belfast, BT3 9LE, Northern Ireland (we, us or our), the owner(s) of SORTSY. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of SORTSY. If you do not agree to be bound by these terms and conditions, you should stop using SORTSY immediately.
We may revise these Terms and Conditions from time to time by amending this page and any changes are binding on you. We will notify you of any material changes that would affect your use of SORTSY.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|Consumers||the users of SORTSY who wish to make appointments and/or engage the services or procure the goods of Service Providers;|
|Content||where used without the prefix SORTSY or User, means collectively SORTSY Content and User Content as defined below;|
|Reviews||means either reviews and ratings by Consumers of Service Providers or reviews and ratings by Services Providers of Consumers;|
|Service Providers||businesses, companies and sole traders who can offer services / goods to Consumers and who have a profile on SORTSY;|
|SORTSY Service||means collectively the online facilities, tools, services or information that we make available through and for SORTSY either now or in the future;|
|System||means any online communications infrastructure that we make available through SORTSY either now or in the future. This includes, but is not limited to, web-based email, message boards, review pages, surveys, live chat, real time facilities and forums;|
|User(s)||means any party that accesses SORTSY and includes Consumer and Service Provders;|
|User Content||means any material that is uploaded or posted by a User to SORTSY, including but not limited to, Reviews;|
|SORTSY||means the SORTSY website / app, any platform and any software application that we may from time to time provide; and|
|SORTSY Content||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of SORTSY.|
2. Contract between Service Providers and Consumers
A separate legal contract exists between the Service Providers and the Consumers who are purchasing and receiving services / goods from those Service Providers. SORTSY provides the platform through which such jobs and sales are booked and conducted in a simple and efficient manner but has no responsibility for issues with bookings, appointments and/or the sale of services / goods including, but not limited to, issues relating to delays in work, missed appointments or the quality of services or goods provided by the Service Provider to Consumer. SORTSY is not party to the contract for sale of such services / goods, nor is SORTSY an agent or representative of the Service Provider and will not get involved in contractual issues relating to the procurement of services.
3.1 Access to SORTSY is free unless you are a Service Provider who is (i) subscribing for certain Service Provider-specific access and SORTSY Services; and (ii) accessing on a subscription basis. Certain Service Providers may avail of certain non-subscription SORTSY Services offered to Service Provider by us from time to time.
3.2 Where your access is dependent on a subscription, then any default in payment of fees (notified to you by us at the time of registering on SORTSY) shall entitle us to suspend or lock access to your account until payment is received or terminate this agreement and delete any User Content you have uploaded or which is related to your services / goods and profile on SORTSY.
4. Intellectual Property
4.1 All SORTSY Content included on SORTSY, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Allsop Consulting Ltd., our affiliates or our licensors. By continuing to use SORTSY you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 You may not systematically copy Content from SORTSY with a view to creating or compiling any form of comprehensive collection, aggregation, compilation, directory, or database unless given our express permission to do so.
4.3 You may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from SORTSY unless given
4.4 SORTSY is a registered European trade mark of Allsop Consulting Ltd.
5. Third Party Intellectual Property
User Content and the intellectual property rights subsisting therein belongs to other parties and is often a valuable business asset of the Service Providers. No permission to use another person’s User Content is granted by these Terms and Conditions.
6. Links to Other Websites / Apps
6.1 SORTSY may contain links to other websites / apps. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on SORTSY does not imply any endorsement of the websites themselves or of those in control of them.
6.2 In the event that we see benefit in linking your SORTSY profile to any other website / app by way of API (Application Program Interface) or similar technology, we will request your consent to do so.
7. Links to this Website
Those wishing to place a link to SORTSY on other websites may do so only to the publicly accessible pages of SORTSY www.sortsy.co.uk without prior permission.
8. Use of Communications Facilities and User Content Submission
8.1 When using SORTSY and / or any other System and when submitting User Content to SORTSY you should do so in accordance with the following rules:
8.1.1 you must not use obscene or vulgar language;
8.1.2 you must not submit User Content that is unlawful, fraudulent or otherwise objectionable. This includes, but is not limited to, User Content that is abusive, threatening, harassing, defamatory (especially in any Reviews), deliberately offensive, ageist, sexist or racist;
8.1.3 you must not submit User Content that is intended to promote or incite violence;
8.1.4 you must not do anything that is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
8.1.5 you must not infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of us, any other User or any other party;
8.1.6 Reviews must be fair and reasonable and not defamatory, misleading or otherwise in breach of these rules;
8.1.7 you must not post links to other websites containing any of the above types of content;
8.1.8 you must not impersonate any person or entity, including but not limited to, other SORTSY Users or Service Providers, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8.1.9 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks;
8.1.10 you must not access SORTSY, other than through the interfaces we provide, by using automated means such as robots, scrapers, etc.;
8.1.11 you must not disturb or meddle in the proper working of SORTSY, activities performed through SORTSY, or the servers and networks connected to SORTSY;
8.1.12 you must not bypass or attempt to bypass any measures we may use to prevent or restrict access to certain areas of SORTSY;
8.1.13 you must not try to reverse engineer, decompile or otherwise seek to access the source code of SORTSY; and
8.1.14 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
8.2 You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.
8.3 In order to use the System and any other communication facility that may be added in the future or to submit User Content, you are required to submit certain personal details. By continuing to use SORTSY you represent and warrant that:
8.3.1 any information you submit is accurate and truthful; and
8.3.2 you will keep this information accurate and up-to-date.
8.4 You may be required to create an account to access certain parts of SORTSY. You must not use anyone else’s account or share your account with anyone else. If you believe your account is being used without your permission please contact us immediately by emailing firstname.lastname@example.org. We will not be liable for any unauthorised use of your account.
8.5 By submitting User Content you warrant and represent that you are the author of such User Content or that you have acquired all of the appropriate rights and / or permissions to use the User Content in this fashion. We accept no responsibility or liability for any infringement of third party rights by such User Content.
8.6 You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the conditions or warranties given by you under these Terms and Conditions. You will be responsible for any loss or damage suffered by us as a result of such breach.
8.7 We will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such User Content, nor for any errors or omissions in the User Content. Use of and reliance upon such User Content is entirely at your own risk.
8.8 Unless a User informs us otherwise, in advance of posting, in writing, and we agree to any terms or restrictions, all User Content submitted is for publication on SORTSY and other such uses as we may deem appropriate under a royalty-free, perpetual basis.
8.9 User Content submitted by Users is not screened by us prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any User Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of User Content, please submit your query to us at email@example.com.
8.10 You acknowledge that we may retain copies of any and all communications made to us or using our System for compliance archiving purposes.
9. Termination and/or Suspension
In the event that any of the provisions of Clause 8, above, are not followed, we reserve the right to suspend, block, restrict or terminate your access to the SORTSY Service. Any Users banned in this way must not attempt to use SORTSY under any other name or by using the access credentials of another User, with or without the permission of that User.
10. Privacy and Data Protection
10.3 If we process any personal data on the User’s behalf when performing our obligations under these Terms and Conditions, the User shall be the data controller and we shall be a data processor and in any case:
10.3.1 the User acknowledges and agrees that the personal data may be transferred or stored outside the European Economic Area or the country where the Users are located;
10.3.2 the User shall ensure that it/he/she is entitled to transfer the relevant personal data to SORTSY so that we may lawfully use, process and transfer the personal data in accordance with these Terms and Conditions on the User’s behalf;
10.3.3 the User shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing and transfer as required by all applicable data protection legislation;
10.3.4 we shall process the personal data only in accordance with these Terms and Conditions and any lawful instructions reasonably given by the User from time to time; and
10.3.5 each of us shall take appropriate technical and organisational measures against unauthorised or unlawful access to or processing of the personal data or its accidental loss, destruction or damage.
11.1 SORTSY is provided “as is” and “as available” and to the maximum extent permitted under applicable law, we make no warranty or representation that SORTSY will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure. Service Provider agrees that it uses SORTSY at its own risk and we shall in no event be liable for any direct, indirect, incidental, special or consequential loss or damage (including without limitation loss of income, data, contracts, goodwill, profit, reputation, loss of service or downtime of SORTSY) arising out of or related to:
• any access to, use of or inability to use SORTSY; or
• any person or entity’s reliance on the information presented.
11.2 Whilst every reasonable endeavour has been made to ensure that all information, including Reviews, provided on SORTSY will be accurate and up to date, we make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our SORTSY Services.
11.3 No part of SORTSY is intended to constitute advice and the Content of SORTSY should not be relied upon when making any decisions or taking any action of any kind.
11.4 We are not responsible or liable for the Service Providers’ actions, service / goods or other material the Service Provider may provide through its use of SORTSY. We have no obligation or duty to monitor or moderate the information presented by the Service Provider to Consumers through use of SORTSY. The quality of services, goods, availability, pricing, advertising, and terms and conditions are the Service Provider’s sole responsibility and liability.
11.5 We aim to work with reputable businesses but the provision of SORTSY as a tool does not constitute or imply an endorsement or recommendation by us in relation to any Service Providers services / goods.
11.6 WE SHALL NOT BE LIABLE FOR ANY COST, LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION BETWEEN THE SERVICE PROVIDER AND A CONSUMER.
11.7 Whilst we hope each Service Provider’s experience with SORTSY is fruitful, we make no guarantee or promise that use of SORTSY will result in increased sales or business.
11.8 Whilst we use reasonable endeavours to ensure that SORTSY is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
11.9 Parts of SORTSY may contain advertising. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on SORTSY complies with the relevant laws. We are not responsible for any third party content or error, omission or inaccuracy in any advertising material.
12. Availability of the Website and Modifications
12.1 The SORTSY Service is provided “as is” and on an “as available” basis. We give no warranty that the SORTSY Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2 We accept no liability for any disruption or non-availability of SORTSY resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12.3 We reserve the right to alter, suspend or discontinue any part (or the whole of) SORTSY including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of SORTSY unless it is expressly stated otherwise.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of SORTSY or any information contained therein. Users should be aware that they use SORTSY and its Content at their own risk.
13.2 Nothing in these terms and conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
13.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
13.4 If the User is dissatisfied with any portion of SORTSY, or with any of these Terms and Conditions, the User’s sole and exclusive remedy is the discontinuation of its use of the SORTSY.
14. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
15. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and us.
16.1 All notices / communications shall be given to us either by post to our registered office address (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16.2 We may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.
18. Law and Jurisdiction
These Terms and Conditions and the relationship between you and us shall be governed by and construed in accordance with the Law of Northern Ireland and you agree to submit to the exclusive jurisdiction of the Courts of Northern Ireland.
Thank you for using SORTSY.