Platform Terms and Conditions

1. Platform overview

Welcome to TruTrade: https://www.trutrade.co.uk/ and its subdomains (“Platform”), a digital platform designed to support students, professionals, and tradespeople in the construction industry. This Platform Terms and Conditions (the “Terms”) govern the use of our platform and services, including our estimating services, project management tools, subscription access, elearning materials, materials ordering, land development services, project and direct messaging, and the public social feed (collectively, the “Services”) which may be provided by us or our affiliate providers via the Platform.

The Platform is owned and operated by Tru Trade Group Limited (Company Number 15642301) having its registered office at 6a Althorpe Street, Leamington Spa, England, CV31 2AU (the “Platform Owner” or “TruTrade”). We may use affiliates or third-party providers (each a “Service Provider”) to help deliver the Services, but unless we expressly identify a separate direct contract between you and a Service Provider, the Platform Owner remains your contracting party and responsible for the Services under these Terms.

The Services are available to users (the “Users”, “you” or “your”) subject to the terms and conditions set forth in these Terms.

2. Acceptance of terms

Before accessing the Platform’s backend or using the Services, every User, including each person allocated a subscription seat, must explicitly confirm that they have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree to these Terms and the Privacy Policy, you must not use our Services. Please read them carefully, as they contain important information about your rights, obligations, and limitations when using the Platform. As part of these Terms, Users explicitly consent to the Platform’s account verification process, which may include providing personal information, identity verification, and additional security checks. Users understand and agree that Platform Owner may refuse or suspend account access if verification requirements are not met or if false information is provided. These Terms constitute a legally binding agreement between you and the Platform Owner (“we”, “us” or “our”). If you are not willing to be bound by these Terms, the Privacy Policy or the verification process, you should not access or use the Platform.

These Terms may be amended or updated by us from time to time. We will provide notice of material changes to these Terms by posting the amended Terms on the Platform and updating the “Last Updated” date above. For material changes affecting your rights and obligations, we will provide at least 30 days’ advance notice via email to your registered email address. It is your responsibility to review these Terms periodically for updates or changes. We may require you to explicitly confirm acceptance of updated Terms before regaining access to the Platform’s backend. Your continued use of the Platform after an update takes effect constitutes your acceptance of the updated Terms.

Your access to and use of the Platform is also conditioned on your acceptance of and compliance with the Privacy Policy of the Platform. By using the Platform, you agree to be bound by our Privacy Policy (available at www.trutrade.co.uk/privacy-policy), which is incorporated herein by reference.

Privacy Policy

Additionally, certain services offered through the Platform may be subject to additional terms and conditions specified by Platform Owner from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

3. Eligibility and account types

(a) To use the Platform, you must be at least 18 years of age or, if higher, the age of majority in your jurisdiction. By accessing or using the Platform, you represent and warrant that you meet this age requirement. If you are using the Platform on behalf of a company, organisation, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in such event, “User” refers to both you and the entity.

(b) All Platform participants must register for an account to access their respective features of the Platform. When registering for an account, all parties must provide the following information: full legal name, valid email address, contact phone number, and a secure password. Users must provide accurate and complete information and keep their account information updated. Each account is personal and non-transferable, although an Account Administrator may reallocate a subscription seat to another individual in accordance with these Terms. The Platform Owner may refuse registration, suspend or terminate accounts, moderate User Content, or decline or cancel Service orders where reasonably necessary and in accordance with these Terms.

4. Estimating services

(a) We offer construction estimating services on a fixed-price, per-scope basis. No estimate will be initiated until we have received cleared payment in full and all necessary project information.

(b) We aim to deliver completed estimates within five (5) working days from the date of successful payment and receipt of all necessary project information. This is a target timeframe only, and shall not constitute a guarantee or condition of service. Delivery times may vary depending on workload, complexity, and completeness of information provided by you.

(c) We reserve the right, at our sole discretion, to allocate estimating work to one of our approved third-party estimating partners acting as a Service Provider during periods of high demand or for operational efficiency. By using our Services, you acknowledge and accept that such estimates may be prepared by subcontractors under our direction and quality control processes.

(d) Estimates are provided on the basis of the information and documentation supplied by you and industry-standard assumptions. Subject to the Estimate Guarantee below, while reasonable efforts are made to ensure accuracy, we do not warrant or guarantee the accuracy, completeness, or suitability for any particular purpose of any estimate produced. The estimates are intended to be indicative only and should not be relied upon as a substitute for full professional advice or detailed design specifications.

(e) Subject to the Estimate Guarantee and any liability that cannot lawfully be excluded or limited, we exclude liability for loss, damage, costs, or expenses incurred or suffered by you as a result of reliance placed on the estimate, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise. It remains your responsibility to independently verify the accuracy and appropriateness of any estimate before acting upon it.

(f) Each estimate includes up to two rounds of reasonable revisions as described in the Estimate Guarantee. Any further revisions requested beyond those included, and any consultations, meetings or reviews requested after an estimate has been delivered (including, for example, reviewing or discussing the estimate with your architect, client or other third party), are outside the scope of the fixed per-scope fee and will be chargeable at a rate of £90 plus VAT per hour (or part thereof). We will, where reasonably practicable, notify you that a request is chargeable before carrying out the work, and such additional work will be invoiced and payable in accordance with the Pricing and Payment Terms below.

5. The TruTrade Estimate Guarantee

(a) All TruTrade estimates include up to two rounds of reasonable revisions and are covered by our Estimate Guarantee.

(b) Our estimate will be prepared based solely on the drawings, specifications, written scope of works and written instructions supplied to TruTrade before the estimate is completed. Verbal discussions, telephone conversations or instructions that have not been confirmed in writing will not form part of the agreed scope for the purposes of this guarantee.

(c) If an item or element of work that is clearly shown or expressly stated within the information supplied to us has been omitted from the estimate, please notify us within 7 days of delivery. We will review the matter and, where appropriate, amend the estimate at no additional charge as part of the included revisions. Where, following review and the opportunity to revise the estimate, TruTrade determines that a substantial omission attributable to us cannot reasonably be corrected, we may refund the estimating fee.

(d) The guarantee does not cover differences of opinion regarding construction methodology, labour allowances, material quantities, rates, wastage, margins, contingencies or other estimating judgements; information that was incomplete, unclear or not supplied in writing; subsequent changes to the design or scope; market price changes; or amendments made to the estimate after delivery.

(e) The guarantee relates solely to the estimating service provided by TruTrade and does not guarantee the final cost of construction, profitability of the project, or that the customer will secure the work.

6. Affiliate services

(a) From time to time, we may provide links to, or otherwise facilitate referrals to Service Providers through the Platform or associated communications. Where we expressly identify a separate direct contract between you and a Service Provider in accordance with clause 1, services offered by that Service Provider are provided independently of the Platform Owner, and your engagement with them shall be governed by the terms and conditions of that Service Provider.

(b) Where a separate direct contract exists between you and a Service Provider, we do not operate or control that Service Provider’s independent services. Accordingly, to the extent permitted by law, we accept no responsibility or liability for any representations, acts, omissions, or failures of that Service Provider in connection with their independent services, including any inaccuracies in their information, the quality or timeliness of their services, or any losses or damages arising from your reliance on or use of their offerings.

(c) The User acknowledges and agrees that, to the extent permitted by law, any decision to interact with or purchase services from a Service Provider is made at your own risk. We strongly recommend that the User undertakes its own due diligence before entering into any agreement with a Service Provider.

(d) We may receive referral commissions or other financial incentives in connection with introductions or links to our Service Providers. These commissions do not increase the price you pay. These arrangements do not constitute endorsements or guarantees, nor do they influence the independent nature of our Services.

(e) The User further acknowledges that any commercial or contractual arrangements entered into with a Service Provider shall be strictly between the User and that Service Provider. The Platform Owner shall not be a party to such arrangements and shall bear no liability in relation to these arrangements.

(f) We do not control or manage the Service Providers, and accept no responsibility or liability for any actions, representations, omissions, or outcomes arising from dealings with the Service Providers.

7. Pricing and payment terms

(a) Estimating Services: Fees for construction estimating services are charged on a per-scope basis, with pricing commencing at £90 plus VAT. The applicable fee for each Service shall be communicated to you at the point of ordering and must be paid in full in advance. Payments shall be processed securely via the Platform’s third-party payment provider (currently Stripe).

(b) Platform Subscriptions: Platform access is offered on a monthly subscription basis only, with a minimum commitment of one month. The subscription fee is £4.99 plus VAT per seat per month, whether you are a consumer or use the Platform for business purposes, unless expressly stated otherwise at checkout.

(c) Free Trial: Each new subscription includes a one-month free trial. You must provide valid payment card details through Stripe when the trial begins, but no subscription fee will be charged until the trial ends. Unless cancelled in accordance with these Terms, the subscription will automatically convert to a paid monthly subscription at the end of the trial.

(d) Billing Cycle: Recurring subscription fees are charged monthly on the calendar date corresponding to the subscription start date. If that date does not occur in a particular month, payment will be taken on the last day of that month.

(e) Seat Changes: If an Account Administrator adds seats during a billing cycle, the additional seats will be charged on a pro rata basis up to the next billing date and at the full monthly rate thereafter. A reduction in seats takes effect on the next billing date; access for the removed seats continues until the end of the current paid period and no pro rata refund or credit is due.

(f) Cancellation: To prevent the next monthly charge, you must cancel the subscription, or set all seats to non-recurring, at least 24 hours before the next billing date. A cancellation made less than 24 hours before that date may not take effect until the following billing cycle and a full month’s fee may be charged. Following an effective cancellation, access continues until the end of the then-current paid period and no partial refund is due, except where required by law.

(g) Affiliate Services: Where you are referred to or engage an affiliate or third-party service provider through the Platform, we may charge a commission (as mentioned in clause 6(d) above). The Platform Owner does not control the pricing or payment structure of such providers and disclaims all liability for any changes or disputes relating thereto.

(h) Payment Provider: All payments for services facilitated through the Platform must be made via the Platform’s designated third-party payment processor. You agree not to attempt to circumvent this process unless explicitly authorised in writing by the Platform Owner.

(i) VAT: Unless expressly stated otherwise in these Terms or at checkout, fees stated on the Platform are exclusive of value added tax (VAT) and any other applicable taxes or duties. Where VAT is chargeable, it shall be added at the applicable rate in accordance with applicable law.

(j) Revising Pricing: The Platform Owner reserves the right to modify pricing from time to time. Any change to subscription pricing will take effect no earlier than the next billing cycle following at least 30 days’ notice to you and will not affect charges already paid. Other pricing changes will not affect Services already ordered and paid for before the change takes effect.

(k) Users are responsible for providing complete and accurate billing and contact information to the Platform Owner and notifying the Platform Owner of any changes to such information.

(l) If you use the Platform for business purposes, the Platform Owner may charge interest on an overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time in force, accruing daily from the due date until actual payment, whether before or after judgment. The Platform Owner reserves the right to suspend access to the Platform for any User whose payment is overdue.

(m) Failure to make payment in accordance with these Terms may result in suspension of access to Services and, if you use the Platform for business purposes, referral to debt recovery agencies and/or legal action to recover amounts due, together with any associated costs and interest as permitted by law. Nothing in this clause affects TruTrade’s right to recover debts from any User in accordance with applicable law.

8. Cancellations and refunds

(a) If you are a consumer, you have any statutory cancellation rights available under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Where a 14-day cancellation period applies and you ask us to begin an estimating service during that period, you must pay for Services supplied before cancellation. You lose the right to cancel once the estimating service has been fully performed if, before performance began, you expressly requested early performance and acknowledged that you would lose that right on full performance. These rights are in addition to the Estimate Guarantee and any other rights that cannot lawfully be excluded.

(b) All estimating services provided by the Platform Owner (whether undertaken directly or by one of our subcontracted estimating partners) are chargeable on a per-scope basis. Subject to your statutory rights and the Estimate Guarantee, once work has commenced on an estimate at your request, the associated fee is non-refundable, including if you subsequently decide not to proceed with the project or dispute the estimate outcome.

(c) If you believe that an error or omission has occurred in the delivery of an estimating service, please contact us with supporting details within the seven-day period specified in the Estimate Guarantee. We will review the matter and provide any applicable revision or other remedy in accordance with that guarantee and your statutory rights.

(d) If, in the future, you purchase physical goods, materials, or related products through the Platform from third-party Service Providers, any rights to cancel, return, exchange, or receive a refund shall be governed exclusively by the terms and conditions of the relevant third party, without prejudice to your statutory rights. The Platform Owner is not a party to such transactions and does not accept any responsibility or liability for the quality, suitability, delivery, return, or refund of any such goods, materials, or related products.

(e) It is your responsibility to familiarise yourself with the Service Provider’s returns and refund policies prior to placing any order. Any requests for refunds, replacements, or dispute resolution must be directed to the relevant third party and not to Platform Owner.

(f) Notwithstanding the above, the Platform Owner may, at its sole discretion, offer refunds or credits in situations deemed exceptional. Such exceptions will be considered on a case-by-case basis, are made without precedent, and do not constitute a waiver of the Platform Owner’s rights under these Terms or an obligation to grant similar relief in the future.

(g) In the event of a payment dispute initiated by a User, the following procedure shall apply:

(i) The User must first contact the Platform Owner’s customer service to attempt to resolve the dispute informally within thirty (30) days of the transaction in question.

(ii) If the dispute cannot be resolved informally, the User may initiate a formal dispute by submitting a written complaint to the Platform Owner, including all relevant transaction details and the basis of the dispute.

(iii) The Platform Owner will investigate the dispute and respond to the User within thirty (30) days of receiving the formal dispute notification, providing a resolution or a rationale for the decision made.

(iv) If the User is not satisfied with the resolution provided by the Platform Owner, they may escalate the dispute to their payment provider or issuing bank in accordance with the payment provider’s terms and conditions and procedures.

9. Platform access and availability

(a) We will use reasonable endeavours to ensure that the Platform remains accessible without interruption. However, we do not warrant that the Platform will always be available, nor that it will be free from faults, errors, or technical issues. Access to the Platform may be suspended or restricted for maintenance, updates, security or other operational requirements. Where reasonably practicable, we will give advance notice of planned downtime.

(b) To the fullest extent permitted by law and subject to the Limitation of Liability and Indemnification clause, we are not liable for loss of data, interruption of access, business disruption or other loss arising from downtime, malfunction or unavailability of the Platform.

(c) Our standard business hours are 8:00am to 4:00pm, Monday to Friday (excluding UK public holidays). While we strive to respond promptly, response times outside these hours may vary.

10. User obligations and representations

By accessing or using the Platform, the User agrees to comply with the following obligations and makes the following representations:

(a) The User shall use the Platform only for lawful purposes and in accordance with these Terms and the Privacy Policy.

(b) The User represents and warrants that they have the legal capacity to enter into binding agreements and to adhere to these Terms.

(c) The User agrees not to use the Platform in any way that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform.

(d) The User shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, by hacking, password mining, or any other illegitimate means.

(e) The User agrees to respect the intellectual property rights of the Platform Owner and Service Providers. This includes not reproducing, distributing, displaying, or creating derivative works based on the content available on the Platform without prior written consent from the Platform Owner or the rightful copyright owner.

(f) The User shall provide accurate, current, and complete information when creating an Account, which must include their real, verifiable identity. Users must use their legal name and provide valid identification if requested by the Platform Owner. Any use of false or misleading identity information is strictly prohibited and may result in suspension or termination of the Account. Furthermore, the Platform Owner may pursue remedies available under applicable law and report suspected fraudulent account creation to the relevant authorities. The User may be permanently banned from future use of the Platform where reasonably justified by the nature of the breach.

(g) The User agrees to immediately notify the Platform Owner of any unauthorised use of their Account or any other breach of security.

(h) The User shall not use the Platform to distribute viruses or any other malicious software intended to harm the Platform, other Users, or any third parties.

(i) The User shall not engage in any activity that would constitute a violation of any applicable law or regulation, or that would infringe upon the rights of any third parties, including but not limited to intellectual property rights, privacy rights, and proprietary rights.

(j) If you use the Platform for business purposes, you agree to indemnify and hold harmless the Platform Owner, the Service Providers, and their respective directors, shareholders, officers, agents, and employees from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of the User’s breach of these Terms, or the User’s violation of any law or the rights of a third party.

11. Subscription seats and project access

(a) A subscriber may purchase and allocate subscription seats to members of its team. The person administering those seats (the “Account Administrator”) is responsible for allocating and deallocating seats, keeping seat assignments accurate, paying all applicable subscription fees, and ensuring that each seat holder is authorised to use the Platform.

(b) A seat may be reallocated by the Account Administrator, but Platform accounts may not be transferred or shared. Each seat holder must use their own account and must separately accept these Terms and the Privacy Policy before accessing the Platform. Reallocation of a seat does not change the attribution of messages or other content previously posted by the former seat holder.

(c) A subscription seat provides general access to the Platform, including TruChat and TruTeam, but does not itself grant access to every project. Project owners or managers control project-specific assignments and are responsible for promptly removing access when a person no longer requires it. The Account Administrator and relevant project owner or manager are responsible for the acts and omissions of Users whom they authorise, to the extent permitted by law.

12. User conduct

In using the Platform, Users agree to comply with the following conduct guidelines:

(a) Respect the rights and dignity of others. Users must not engage in harassment, abuse, or any form of illegal discrimination based on race, gender, sexual orientation, religion, nationality, disability, or any other protected status.

(b) Ensure that all content posted or shared on the Platform adheres to applicable laws and regulations, including but not limited to copyright, trademark, and privacy laws. Users must not post or share content that is illegal, obscene, defamatory, threatening, or infringes on intellectual property rights.

(c) Refrain from using the Platform for any unlawful purposes, including but not limited to fraud, phishing, or spreading malware.

(d) Respect the privacy and personal information of other Users. The Privacy Policy provides detailed information on how personal information is collected, used, and shared on the Platform.

(e) Do not engage in activities that harm the Platform or its Users, such as spreading viruses, launching denial of service attacks, or attempting to gain unauthorised access to other Users’ accounts or Platform infrastructure.

(f) Users acknowledge that violation of these guidelines may result in suspension or termination of their Account, legal action, and other remedies available to the Platform Owner under the law or these Terms.

13. TruChat, TruTeam and User Content

(a) The Platform may provide project group chats and one-to-one chats between builders and clients known as “TruTeam”, and a public social feed known as “TruChat” (together, the “Interactive Services”). TruChat is available only to Users with an active paid subscription seat or during an applicable free trial. TruTeam access depends on the User’s separate project assignment.

(b) Users may post messages, images and other content made available through the Interactive Services (“User Content”). User Content must not be unlawful, obscene, pornographic, defamatory, threatening, harassing, discriminatory, fraudulent, malicious, infringing, or otherwise violate these Terms or the rights of any person. Users must not post spam, unauthorised advertising, job advertisements, solicitations for external services, or links to unlawful, gambling or other inappropriate third-party sites.

(c) The Platform Owner acts as a neutral provider of the Interactive Services. User Content reflects the views of the User who posted it and is not endorsed, verified, supervised or controlled by the Platform Owner. User Content is provided for general discussion only and does not constitute legal, financial, tax, regulatory, construction, professional or other advice. You must exercise your own judgement and obtain appropriate independent advice before relying on User Content.

(d) We are not obliged to monitor User Content, but may review, moderate, restrict, remove or preserve it, whether proactively or following a complaint, and may warn, suspend or terminate any User or account that breaches these Terms. Users should report content they reasonably believe is unlawful or breaches these Terms using the reporting tools or contact details made available on the Platform. Account Administrators must promptly remove non-compliant User Content posted by Users under their administration where their tools permit, or otherwise report it to the Platform Owner and request deletion.

(e) User Content remains attributable to the individual who posted it, including after a subscription seat is reassigned or the User leaves a project. Subject to the Privacy Policy and applicable law, existing project participants and later-authorised project participants may be able to view historical User Content. User Content is generally archived after three years and deleted after five years, subject to any longer retention required by law or reasonably necessary to establish, exercise or defend legal claims. Users cannot require another User’s messages to be deleted and should not post content they do not wish to form part of the project or platform record.

(f) You retain ownership of your User Content. You grant the Platform Owner a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, communicate and otherwise use that User Content to operate, secure, moderate and improve the Platform and provide the Services. If you upload a business logo to your profile, you do so voluntarily and consent to the Platform Owner using and incorporating that logo in customer quote packs generated through the Platform. You confirm that you have all rights and permissions needed to post the User Content and grant this licence.

14. Intellectual property rights

(a) All intellectual property rights in the Platform, including but not limited to copyrights, trademarks, service marks, trade names, domain names, social media identifiers, patents, design rights, and any other intellectual property rights or proprietary rights, are owned by the Platform Owner or its Service Providers.

(b) Each Service Provider maintains separate intellectual property rights for their brand/trade name and logo.

(c) The Platform Owner grants Users a limited, non-exclusive, non-transferable, and revocable licence to access and use the Platform in accordance with these Terms, subject to compliance with the Terms. This licence does not include any rights to:

(i) Resell or make any commercial use of the Platform or any of its contents;

(ii) Modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human-readable form any of the software comprising or in any way making up a part of the Platform;

(iii) Use any data mining, robots, or similar data gathering and extraction tools on the Platform;

(iv) Download (other than page caching) any part of the Platform, except as expressly permitted by the Platform Owner;

(v) Use the Platform or its contents for any purpose not expressly permitted by these Terms.

(d) Any unauthorised use of the Platform or the intellectual property rights held by the Platform Owner or any Service Provider is a violation of these Terms and may be a violation of applicable laws, including, without limitation, copyright and trademark laws. Each Service Provider retains the right to independently enforce its intellectual property rights in accordance with applicable laws in its operating jurisdiction(s).

(e) The Platform Owner may terminate the licence granted to a User in accordance with the Termination of Service clause. Upon termination, the User must immediately cease use of the Platform and delete any downloaded Platform materials in their possession or control, except to the extent retention is required by law.

15. Data protection and privacy

(a) In compliance with applicable data protection laws, including the Data Protection Act 2018, UK General Data Protection Regulation (UK GDPR) and, where applicable, EU GDPR, the Platform Owner is committed to protecting the privacy and security of Users’ personal information. Further information about our processing, including payment, location and communications data, is set out in the Privacy Policy. The Platform Owner shall:

(i) Collect, use, and store personal data of Users only for purposes explicitly stated in the Privacy Policy, and in a manner that is fair, lawful, and transparent.

(ii) Ensure that personal data collected is relevant and limited to what is necessary for the purposes for which it is processed.

(iii) Implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage.

(iv) Respect the rights of Users under the UK GDPR and EU GDPR, including the right to access, correct, delete, or restrict the processing of their personal data.

(v) Not transfer personal data outside the United Kingdom or European Economic Area (EEA) unless appropriate safeguards are in place in accordance with UK GDPR and EU GDPR, such as an adequacy decision, standard contractual clauses, or other approved transfer mechanisms.

(vi) Process Users’ personal data only where a valid lawful basis applies and obtain consent where required by applicable data protection law.

(vii) Retain personal data only for as long as necessary to fulfil the purposes for which it was collected, as detailed in the Privacy Policy.

(viii) Provide clear information to Users about how their personal data is used, including any changes to the Privacy Policy, in a timely and accessible manner.

(ix) A project owner, project manager or Account Administrator who accesses or uses another User’s personal data for payment, CIS, workforce or project administration purposes may act as a separate data controller for that processing. They must comply with applicable data protection law, use the data only for legitimate project purposes, keep it secure, restrict access to authorised persons and delete or return it when no longer required.

(b) Users have the right to:

(i) Request access to the personal data that Platform Owner holds about them.

(ii) Ask for incorrect, inaccurate, or incomplete personal data to be corrected.

(iii) Request the deletion of personal data when it is no longer necessary for Platform Owner to retain such data.

(iv) Object to the processing of their personal data for marketing purposes or for reasons based on their particular situation.

(v) Request the restriction of processing of their personal data in specific circumstances.

(vi) Receive their personal data in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller.

(vii) Withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

16. Limitation of liability and indemnification

(a) To the fullest extent permitted by law, warranties, conditions and other terms implied by statute or common law are excluded from these Terms. Nothing in these Terms affects any rights or remedies that cannot lawfully be excluded, including a consumer’s statutory rights in relation to Services supplied with reasonable care and skill.

(b) If you use the Platform for business purposes, the Platform Owner shall not be liable (whether in contract, tort including negligence, breach of statutory duty, or otherwise) for any:

(i) loss of profits, revenue, business, goodwill, or anticipated savings;

(ii) indirect or consequential losses or damages;

(iii) pure economic loss,

arising out of or in connection with your use of the Platform, the Services or content accessed through it, even if the Platform Owner has been advised of the possibility of such losses.

(c) If you use the Platform for business purposes, and subject to liabilities that cannot lawfully be limited, the Platform Owner’s total aggregate liability to you for any claims arising under or in connection with these Terms (howsoever arising) shall not exceed the greater of:

(i) the amount paid by you to the Platform in the 1-month period immediately preceding the event giving rise to the claim; or

(ii) £90.

(d) Nothing in these Terms excludes or limits the Platform Owner’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited.

(e) If you are a consumer, the Platform Owner is responsible for loss or damage that is a foreseeable result of its breach of these Terms or failure to use reasonable care and skill, but not for loss or damage that is not foreseeable. The Platform Owner is not liable for business losses suffered by a consumer.

(f) If you use the Platform for business purposes, you shall indemnify and hold harmless the Platform Owner, its directors, shareholders, officers, employees, and contractors against third-party claims, damages, liabilities, losses, costs and expenses (including reasonable legal fees) arising from:

(i) your use of the Platform in breach of these Terms;

(ii) any User Content or data submitted by you to the Platform that infringes third-party rights or is unlawful;

(iii) your failure to comply with applicable laws or third-party rights; or

(iv) any act or omission of a User whom you authorise to access or use the Platform.

(g) If you use the Platform for business purposes, you acknowledge and agree that the exclusions and limitations of liability set out in this clause are reasonable, reflect the nature of the Services provided by the Platform Owner, and have been taken into account in determining the level of fees charged (if any).

(h) The indemnification obligations in this clause will survive termination of the User’s use of the Platform and these Terms.

17. Digital content usage

(a) The User agrees to comply with all applicable laws and regulations regarding their use of the Platform and any digital content accessed through it. The User acknowledges that all intellectual property rights in the digital content on the Platform and any related documentation are owned by or licensed to the Platform Owner. The User is granted a non-exclusive, non-transferable, revocable licence to access and use the digital content on the Platform solely for their own personal or internal business purposes.

(b) The User shall not:

(i) Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, content or Services obtained from the Platform, except as expressly permitted under these Terms or with the Platform Owner’s prior written consent.

(ii) Use the Platform or any digital content obtained from the Platform for any commercial purpose beyond those explicitly permitted without obtaining prior written consent from the Platform Owner.

(iii) Post, upload, or distribute any User Content that infringes upon the intellectual property rights of any third party.

(iv) Remove, obscure or alter any copyright, trade mark or other proprietary notice, or circumvent any technical measure used to protect digital content made available through the Platform.

(c) The Platform Owner may suspend or revoke the User’s access to digital content if the User breaches this clause or otherwise uses that content unlawfully or outside the scope of the licence granted by these Terms.

(d) On expiry or termination of the User’s right to access digital content, the User must immediately cease using that content and delete any copies in their possession or control, except to the extent that retention is required by law.

18. Disclaimer of warranties and liability

(a) The Platform is provided on an “as available” basis. To the fullest extent permitted by law, the Platform Owner does not give any warranty that the Platform will be uninterrupted, error-free or suitable for every User’s particular requirements. Any liability arising from use of, or inability to use, the Platform is subject to the Limitation of Liability and Indemnification clause above. Nothing in this clause excludes the Estimate Guarantee or any right or liability that cannot lawfully be excluded or limited.

(b) Without limiting the foregoing, the Platform Owner does not warrant that:

(i) The Platform will meet your specific requirements;

(ii) The Platform will be uninterrupted, timely, secure, or error-free;

(iii) The results that may be obtained from the use of the Platform will be accurate or reliable;

(iv) The quality of any Services, information or content obtained by you through the Platform will meet your expectations; and

(v) Any errors in the Platform will be corrected.

(c) Any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk, and, to the extent permitted by law, you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Platform Owner or through or from the Platform shall create any warranty not expressly stated in the Terms.

(d) The Platform Owner does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

19. Links to other websites

(a) The Platform may contain links to other websites that are not our responsibility. The Platform Owner has no control over the content of the linked websites and we are not responsible for it.

(b) Inclusion of any linked website on the Platform does not imply our approval or endorsement of the linked website.

20. Termination of service

(a) The Platform Owner may suspend or terminate access to the Platform immediately where reasonably necessary for security, non-payment, unlawful activity, a material or repeated breach of these Terms, or to protect the Platform or other Users. Where reasonably practicable, we will notify you of the reason. Users may request closure of their Account and cease using the Platform, but account closure does not cancel a paid subscription unless the subscription is cancelled in accordance with the Cancellation provisions above. Termination or closure does not require deletion of User Content or records that we may lawfully retain under the Privacy Policy.

(b) Upon termination, all rights granted to the User under these Terms will immediately cease, and the User must promptly discontinue all use of the Platform. Subject to these Terms and any liability that cannot lawfully be excluded, the Platform Owner is not liable to the User or any third party for termination of the User’s access to the Platform. Any provisions of these Terms that, by their nature, should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

21. Miscellaneous

(a) Disputes: If any issue or problem relating to the Platform remains unresolved, you must report it to the Platform Owner via edward@trutrade.co.uk. We will assess the complaint and use reasonable efforts to resolve it promptly and satisfactorily.

(i) The Platform Owner does not guarantee that it will resolve disputes or differences between Users of the Platform.

(ii) Unless otherwise required by law, any costs you incur in relation to a complaint or dispute will be your responsibility.

(iii) The parties may agree to refer a dispute to an independent mediator. Any mediator and allocation of mediation costs must be agreed by the parties in advance.

(b) Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

(c) Waiver: No waiver of any provision or right under these Terms shall be effective unless in writing and signed by the party granting the waiver. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

(d) Entire Agreement: These Terms, together with the applicable Privacy Policy and any additional terms referenced in these Terms, constitute the entire agreement between Users and the Platform Owner with respect to the subject matter hereof. These documents supersede all prior or contemporaneous agreements, understandings, and negotiations, whether written or oral.

(e) Third Party Rights: A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, except that the Platform Owner’s directors, shareholders, officers, employees and contractors may enforce the indemnity and limitation of liability provisions in their favour.

(f) Assignment: You may not assign, novate or otherwise transfer any of your rights or obligations under these Terms without the Platform Owner’s prior written consent. The Platform Owner may assign or transfer its rights and obligations as part of a reorganisation, sale or transfer of its business, provided that this does not materially reduce your rights under these Terms.

(g) Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of England and Wales. If you are a business User, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms. If you are a consumer, you may bring proceedings in the courts of the part of the United Kingdom in which you live, and nothing in these Terms affects any mandatory rights you have under the law of your place of residence.