Terms and conditions

Agreement to these terms

These terms are a legally binding agreement between you (whether you’re using the site personally or for a business) and Jon Pennington, a sole trader trading as Hot Tub Repair Man (“we”, “us”, “our”). They cover your use of https://www.hottubrepairman.co.uk and any related media, mobile site or app (together, “the site”). These terms cover your use of the website. For work we do on your hot tub, see Work on your hot tub below. Our business address is Beth An May, East Hill, Tuckingmill, Camborne TR14 8NQ, UK.

By using the site, you confirm that you’ve read, understood and agree to these terms. If you don’t agree with all of them, you must not use the site.

Any extra terms or documents we post on the site from time to time form part of these terms. We may change these terms at any time. When we do, we’ll update the “Last updated” date, and you won’t get separate notice of each change. Please check these terms each time you use the site. If you keep using the site after a change is posted, you’re taken to accept the revised terms.

Work on your hot tub

Work we do on your hot tub or swim spa, including repairs, servicing and remote consultations, is covered by our separate Terms of business. Our current rates are on our prices page.

Intellectual property

Unless we say otherwise, the site belongs to us. All of its source code, databases, functions, software, designs, audio, video, text, photos and graphics (“the content”), and the trademarks, service marks and logos on it (“the marks”), are owned or controlled by us or licensed to us. They’re protected by copyright, trademark and other intellectual property laws, and by international conventions.

The content and marks are provided as they are, for your information and personal use only. Except where these terms allow it, you may not copy, reproduce, republish, upload, post, display, translate, send, distribute, sell, license or otherwise use any part of the site, the content or the marks for any commercial purpose without our written permission first.

If you’re allowed to use the site, you may view it and download or print a copy of any part of the content you’ve properly accessed, for your own personal, non-commercial use. We keep all rights we haven’t expressly given you.

What you confirm when you use the site

By using the site, you confirm that:

• you have the legal capacity to agree to these terms, and you agree to follow them
• you’re not a minor where you live or, if you are, you have a parent’s permission to use the site
• you won’t access the site by automated or non-human means, such as a bot or script
• you won’t use the site for anything illegal or unauthorised
• your use of the site won’t break any law or regulation

If you give us information that’s untrue, inaccurate, out of date or incomplete, we can refuse your current or future use of the site, or any part of it.

What you mustn't do

You may only use the site for the purpose we make it available for. You may not use it for any business purpose we haven’t specifically approved.

You agree not to:

• systematically collect data or content from the site to build a collection, database or directory without our written permission
• trick, defraud or mislead us or other users
• get around, disable or interfere with the site’s security features, or features that limit copying or use of the content
• disparage or harm us or the site, in our opinion
• use information from the site to harass, abuse or harm anyone
• misuse our support services or make false reports of abuse or misconduct
• use the site in a way that breaks any law or regulation
• frame or link to the site without permission
• upload or send viruses, Trojan horses or other material that interferes with anyone’s use of the site, or with how it works, including spam and excessive use of capital letters
• use the system in an automated way, such as scripts to send messages, or data mining, robots or similar tools
• remove copyright or other ownership notices from any content
• pretend to be another user or person
• upload or send anything that collects or passes on information, such as tracking pixels, web bugs, cookies or spyware
• interfere with, disrupt or put an undue load on the site or the networks and services connected to it
• harass, annoy, intimidate or threaten any of our staff or agents
• try to get around anything designed to stop or restrict access to the site
• copy or adapt the site’s software, including its HTML, JavaScript or other code
• decipher, decompile, disassemble or reverse engineer any of the site’s software, except where the law allows it
• use or distribute any automated system, such as a spider, robot, scraper or offline reader, to access the site, other than normal search engine or browser use
• use a buying or purchasing agent on the site
• collect users’ names or email addresses to send unsolicited email
• use the site or its content to compete with us, or for any other money-making venture
• use the site to advertise or sell goods and services

Content you send us

The site doesn’t let users post content publicly. We may give you the chance to send us text, photos, video, comments, suggestions, personal information or other material (“contributions”), for example through the enquiry form. Contributions are handled in line with our Privacy Policy. When you send a contribution, you confirm that:

• it doesn’t infringe anyone’s copyright, patent, trademark, trade secret, moral or other rights
• you made it or own it, or have every licence, right and permission needed for us to use it as the site intends
• you have permission from any identifiable person in it to use their name or likeness
• it isn’t false, inaccurate or misleading
• it isn’t unsolicited advertising, promotion, a pyramid scheme, a chain letter, spam or a mass mailing
• it isn’t obscene, violent, harassing, defamatory or otherwise objectionable, in our view
• it doesn’t ridicule, mock, disparage, intimidate or abuse anyone
• it isn’t used to harass or threaten anyone, or to promote violence against anyone
• it doesn’t break any law, regulation or rule
• it doesn’t breach anyone’s privacy or publicity rights
• it doesn’t break any law protecting children
• it doesn’t contain offensive comments about race, national origin, gender, sexual orientation or disability
• it doesn’t break, or link to material that breaks, these terms or any law

Using the site in breach of this section may lead to us ending or suspending your right to use it.

Using what you send us

We may access, store, process and use any information and personal data you give us, in line with our Privacy Policy and your choices, including your cookie settings.

If you send us suggestions or other feedback about the site, we can use and share it for any purpose without paying you.

We don’t claim ownership of your contributions. You keep full ownership of them, and of any intellectual property rights in them. We’re not responsible for any statements in your contributions. You alone are responsible for them, and you agree not to take legal action against us over them.

Feedback and suggestions

Any questions, comments, suggestions, ideas or feedback about the site that you send us (“submissions”) are not confidential, and become ours. We may use and share them for any lawful purpose, commercial or otherwise, without crediting or paying you. You waive any moral rights in them, and you confirm they’re your own or that you have the right to send them. You agree you won’t have any claim against us over our use of them.

Running the site

We have the right, but not the duty, to:

• monitor the site for breaches of these terms
• take legal action against anyone who, in our view, breaks the law or these terms, including reporting them to the police
• refuse, restrict or disable any of your contributions, at our discretion
• remove or disable any files or content that are too large or put a strain on our systems, at our discretion and without notice
• otherwise manage the site to protect our rights and property, and to keep it working properly

Privacy

We care about data privacy and security. Please read our Privacy Policy. By using the site, you agree to it, and it forms part of these terms. The site is served through Cloudflare, which uses data centres in many countries. Our privacy policy explains how we handle your information, including where it may be stored outside the UK.

How long these terms last

These terms apply for as long as you use the site. We may, at our discretion and without notice, stop anyone using the site (including by blocking IP addresses), for any reason, including a breach of these terms or of any law. We may delete any content or information you’ve sent us at any time, without warning.

If we stop you using the site, you must not come back under your own name, a false or borrowed name, or anyone else’s name. We may also take legal action, including civil, criminal and injunctive action.

Changes and interruptions

We may change or remove anything on the site at any time, for any reason, without notice. We don’t have to keep the information on the site up to date. We may also change or close all or part of the site without notice. We won’t be liable to you or anyone else for any change, price change, suspension or closure of the site.

We can’t promise the site will always be available. Hardware, software or other problems, or maintenance, may cause interruptions, delays or errors. We won’t be liable for any loss, damage or inconvenience if you can’t use the site while it’s down. Nothing in these terms means we have to maintain or support the site, or provide corrections or updates.

Governing law

These terms are governed by the law of England and Wales. Any dispute about them will be dealt with by the courts of England and Wales. If you live in Scotland or Northern Ireland, you can also bring proceedings in your local courts.

Sorting out disagreements

If you or we have a dispute, controversy or claim about these terms (a “dispute”), we both agree to try to settle it informally first, for at least 30 days, before taking it further. This starts when one of us tells the other about the dispute in writing.

Corrections

The site may contain typing errors, inaccuracies or gaps, including in descriptions, prices and availability. We may correct them, and change or update information on the site, at any time without notice.

Disclaimer

The site is provided as it is and as available. You use the site at your own risk. The guides on it are general information. Always follow your hot tub’s manual, and use a qualified engineer for anything electrical. As far as the law allows, we exclude all warranties, express or implied, about the site and your use of it, including implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement.

We make no promises about the accuracy or completeness of the site’s content, or of any website linked from it. We accept no liability for:

1. errors, mistakes or inaccuracies in content
2. personal injury or property damage of any kind resulting from your use of the site
3. unauthorised access to our servers, or to any personal or financial information stored on them
4. any interruption to or stopping of the site
5. bugs, viruses, Trojan horses or similar sent to or through the site by anyone else
6. errors or omissions in any content, or any loss or damage caused by using content posted or sent through the site

We don’t promise, endorse or take responsibility for any product or service advertised or offered by anyone else through the site, a linked website or any advert. We won’t be part of, or responsible for, any deal between you and another provider. As with any purchase, use your judgement and take care.

Limits on our liability

We, and our employees and agents, won’t be liable to you or anyone else for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue or lost data, arising from your use of the site, even if we’ve been told such damages are possible.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn’t allow us to limit. If you’re a consumer, nothing in these terms affects your legal rights. [CONFIRM: legal check of this section]

Indemnity

You agree to defend and compensate us, and our employees and agents, for any loss, damage, liability, claim or demand made by anyone else, including reasonable legal fees, arising from:

1. your contributions
2. your use of the site
3. a breach of these terms
4. a breach of what you’ve confirmed in these terms
5. your breach of anyone else’s rights, including intellectual property rights
6. any harmful act towards another user of the site that you connected with through it

We may, at your expense, take over the defence of any such claim, and you agree to help us with it at your expense. We’ll make reasonable efforts to tell you about any such claim once we know about it.

Your data

We keep some of the data you send to the site, to manage how the site performs, along with data about your use of it. Although we back up data regularly, you’re responsible for all data you send or that relates to what you do on the site. We won’t be liable to you for any loss or corruption of that data, and you give up any right to take action against us over it.

Electronic communications

Visiting the site, emailing us and filling in online forms are electronic communications. You agree to receive electronic communications from us, and that any agreements, notices and other communications we send by email or on the site meet any legal requirement for them to be in writing. You agree to the use of electronic signatures, contracts, orders and records, and to electronic delivery of notices, policies and records. You give up any rights under any law that requires an original signature or paper records.

General

These terms, and any policies or rules we post on the site, are the whole agreement between you and us about the site. If we don’t enforce a right or term, we haven’t given it up. These terms apply as far as the law allows. We may pass any of our rights and obligations to someone else at any time. We’re not responsible for any loss, damage, delay or failure caused by things outside our reasonable control.

If any part of these terms is found to be unlawful, void or unenforceable, it’s separated from the rest, and the rest still applies. These terms don’t create any joint venture, partnership, employment or agency between you and us. You agree these terms won’t be read against us because we wrote them, and you won’t challenge them because they’re electronic and unsigned.

Contact us

To make a complaint about the site, or for more information about using it, contact us:

Hot Tub Repair Man, Beth An May, East Hill, Tuckingmill, Camborne TR14 8NQ, United Kingdom

Email: htrm2022@gmail.com Phone: 01209 808617