Terms and Conditions

www.triedandtested.mt

TERMS & CONDITIONS

“Tried And Tested” is the trading name of Tried And Tested Ltd, a Malta registered company with company registration number C-96484 whose office address is Flat 1, Glenville Apartments, Sammy Bartolo Street, Mellieha, MLH1022. CTried And Tested are also owners of www.triedantested.com. In these Terms and Conditions, “the Company/we/us/our” refers to Tried And Tested Ltd and ‘the Website’ refers to www.triedandtested.mt.

Acceptance of Terms
1. Your access to and use of triedandtested.mt (“the Website”) and the Services outlined in Clause 3, are subject to these Terms and Conditions.
2. You agree not to use the Website and/or Services for any purpose that is unlawful or prohibited by these Terms and Conditions.
3. By using the Website and/or Services you are fully accepting the Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using the Website and/or Services.
4. The Company reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website and/or Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
5. The Company may update the Website from time to time, and may change the content at any time.
6. These Terms and Conditions were last updated on 20 October 2022.
Definitions and Interpretation
In these Terms and Conditions, the following expressions shall have the following meanings:“Your Data” shall mean the data inputted to the Website by you (or your authorised agents), authorised users, or us on your behalf, for the purpose of using the Website or for facilitating your use of the Website;“Trader” shall mean the person offering their services via the Website;“Website” shall mean www.triedandtested.mt;
1. Unless the context otherwise requires, each reference in these Terms and Conditions to:
  1. “writing” and “written” includes emails;
  2. these “Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
  3. “clause” refers to a clause of these Terms and Conditions; and
  4. “Party” or the “Parties” refer to the parties to these Terms and Conditions.
2. The headings used in these Terms and Conditions are for convenience only and will have no effect upon their interpretation.
3. Words imparting the singular number include the plural and vice versa. References to any gender include any other gender. References to persons include legal persons.
The Services
1. The Company takes steps to verify the credentials and company status of its members (the “Vetting”).
2. The Company collects and collates feedback from customers of its members by means of feedback (“Monitoring”).
3. The Company collates recommendations from the public in relation to its members and the services they provide (“Recommendation/s”).
4. The results of the Recommendation, Vetting and Monitoring processes are published on the Website.
Other Applicable Terms
1. These Terms and Conditions refer to the following additional terms, which also apply to your use of the Website:
  1. Tried And Tested’ Privacy Policy which sets out the terms on which we process any personal data we collect from you or that you provide to the Company (“Privacy Policy”). The Privacy Policy also sets out who we share the content that you upload or provide us with; and
  2. If you are a member of our Website, our Terms of Use will also apply to your use of the Website. In the event of a conflict between these Terms and Conditions and the Terms of Use, the terms more onerous on the member shall prevail.
Access to the Website
1. The Company does not guarantee that the Website or any content contained on the Website will always be available or be uninterrupted.
2. You are responsible for making all arrangements necessary for you to have access to the Website.
3. Your access to the Website is permitted on a temporary basis only and the Company may suspend, withdraw, discontinue or change all or any part of the Website without notice to you.
4. The Company will not be liable to you for any reason if the Website is unavailable at any time or for any period.
Intellectual Property Rights
1. The Website and its content (including but not limited to the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use.
2. None of the content contained on the Website may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the Company. This clause excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial use only or for use by the Company’s members in promoting their business.
3. When you upload any content (including text or photographs) to the Website, you assign all rights in such content to the Company.
4. You consent to the Company using the name you submit in connection with the content you upload.
5. You consent that once you have submitted content to the Website, then that content will become the property of the Company and you cannot recall any part of such content.
No reliance on information or speed of service
1. The content contained on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.
2. The Company relies on members to provide information and as such cannot be held liable for the veracity of that information. All information on the website is to be consumed in that context and ought not to be relied on.
3. Although Tried And Tested makes reasonable efforts to update the information on the Website, please note that the content contained on the Website may be out of date at any given time and we are under no obligation to update it.
4. The Company cannot guarantee a specific response time and will not be liable for the failure of any member to succeed in providing any service in any specific time quoted.
5. The Company will not be liable for the level of quality provided by any member to you as a service.
6. Any agreement reached between you and a trader is a contract between you and that trader and accordingly Tried And Tested is not a party to it.
7. The qualifications, insurance papers and other documentation provided to Tried And Tested by the Traders displayed on our Website is accurate as of the time of collection. Our relationship with our Traders requires them to update the information with us when it changes, and we are not liable for any delay in the provision of updates or changes thereto.
Prohibited use
1. You agree to use the Website for lawful purposes only and you shall not use the Website:
  1. In any way that breaches any applicable local, national or international law or regulation;
  2. In an unlawful or fraudulent manner, or in any manner that has any unlawful or fraudulent purpose or effect;
  3. For the purposes of harming or attempting to harm any person, business or entity in anyway;
  4. To undermine the purpose and provision of Services;
  5. To gain a competitive advantage over any businesses in your sector;
  6. To act in competition with the Services;
  7. To violate the privacy of others;
  8. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of solicitation;
  9. To reverse engineer, decompile, dissemble, decipher or otherwise derive the code used on the Website;
  10. To use any robot, spider, scraper, or other automated means to access the Website; or
  11. To reproduce, duplicate, copy, sub-licence, broadcast, distribute, sell, re-brand or re-sell any part of the Website without the Company’s written and express consent.
Links to third party websites and linking to the Website
1. The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that the Company has no control over such websites and is not responsible for the content or availability of any such websites.
2. You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it.
3. You shall not establish a link in such a way as to suggest any form of association, approval or endorsement by the Company where none exists.
4. The Company reserves the right to withdraw linking permission without notice.
Viruses
1. The Company cannot guarantee that the Website will be secure or free from malware.
2. The Company will not be liable for any loss or damage caused by any such malware, or any other technologically harmful material that may infect your computer equipment, data, computer programs or other proprietary material due to your use of the Website or to your downloading of any content on the Website, or linked to the Website.
International Use
You agree to comply with all applicable laws and regulations regarding the transmission of technical data exported from Malta and with all local laws and rules regarding acceptable use of and conduct on the Internet.
Indemnity
1. You agree to comply with all applicable laws and regulations regarding the transmission of technical data exported from Malta or, if you do not reside within the territory of Malta, then of the country in which you reside, and with all local laws and rules regarding acceptable use of and conduct on the Internet.
2. You agree to indemnify and hold the Company and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Tried And Tested by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including legal costs and expenses) howsoever suffered or incurred by Tried And Tested in consequence of your breach of these Terms and Conditions.
Disclaimers and Limitation of Liability
1. The use of the Website and/or our Services is at your own risk. The Website and/or our Services are provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
2. To the extent permitted by law, Tried And Tested will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website and/or our Services.
3. Whilst the Company makes reasonable efforts to ensure that all information it provides is accurate, Tried And Tested makes no warranty that the Website and/or the Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website and/or Services will be uninterrupted or error free, that defects will be corrected or that the Website and/or the Services or the server that makes them available are free of malware or anything else that may be harmful or destructive.
4. Tried And Tested will not be liable to you for any loss suffered (even if such loss is foreseeable) in relation to your use or inability to use the Website, any inaccuracies or delays on the Website or any reliance by you on content contained on the Website.
5. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Tried And Tested for death or personal injury as a result of the negligence of Tried And Tested or that of its employees or agents.
6. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
7. Whilst reasonable effort is made to verify statements and information submitted by the public and Tried And Tested members, the information compiled by Tried And Tested is based on information supplied by various individuals and businesses, it does not represent the views of Tried And Tested and Tried And Tested cannot be held responsible in any action for any omissions or claims that may appear.
8. Users of the service do hereby represent, understand and expressly agree that Tried And Tested does not make any warranty or guarantee over the quality, timing, integrity, responsibility, legality or any other aspect whatsoever of the materials or services offered or delivered by its members to their customers.
9. You hereby expressly agree not to hold Tried And Tested (or Tried And Tested agents, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the website or associated Services and Tried And Tested expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Uploading content to the Website
1. If you are over the age of 18 you are permitted to upload content. Where you upload content to the Website you must ensure that all content uploaded:
  1. Is accurate, true, up to date, genuine and not misleading;
  2. Is relevant and appropriate;
  3. Complies with applicable laws in Malta and in any country from which the content is posted or viewed and does not promote illegal activity;
  4. Complies with the Privacy Policy and does not disclose any p:rsonal or confidential information;
  5. Does not contain material which is or potentially could be defamatory, obscene, aggressive, offensive, hateful, inflammatory or rude;
  6. Does not infringe the copyright or any intellectual property rights of any person and where such content relates to an image, you must ensure that all necessary consents and authorisations have been obtained;
  7. Does not promote or contain material relating to discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  8. Does not relate to competitors of Tried And Tested who offer a similar service as the Website;
  9. Does not have the purpose or effect of advertising, discussing or commenting on third party businesses who are not a Member;
  10. Is not threatening, abusive or invades others privacy;
  11. Does not impersonate any person or misrepresent identities or affiliations; or
  12. Does not give the impression that it emanates from Tried And Tested (if this is not the case).
Content Standards
1. Content Standards are broadly defined as swearing or bad language or hate speech or any illegal form of text or picture, including but not limited to pixelated images or any adult content.
2. Where the content that you upload does not comply with the Content Standards (as set out within this Clause 15) or requires clarification, Tried And Tested may contact you for further information, before publishing such content.
3. You warrant that all content you upload shall comply with the Content Standards, and you agree to indemnify Tried And Tested for any loss v suffers as a result of your failure to comply with the Content Standards.
4. Tried And Tested will not be responsible, or liable to any third party, for the content or accuracy of any content uploaded by you to the Website.
5. Tried And Tested reserves the right to remove or withhold any content at any time which it considers fails to adhere with the Content Standards set out in clause 13.1.
6. Tried And Tested reserves the right to edit content you upload to amend spelling, grammar, punctuation, length, for the purposes of clarity and to ensure that the content can comply with the Content Standards.
Tried And Tested Rights
1. Tried And Tested will determine at its discretion, whether you have failed to comply with these Terms and Conditions. Failure to comply with these Terms and Conditions constitutes a material breach and may result in Tried And Tested:
  1. Temporarily or permanently withdrawing your access to the Website;
    1. If you are a member of Tried And Tested or a company that has used or continues to use the service provided by the Website then the above Clause 16.1.1 shall also include any representatives or agents of the company to which the individual who has breached the Terms and Conditions belongs.
  2. Commencing legal proceedings against you for your actions; and/or
  3. Disclosing information to law enforcement authorities as necessary.
Complaints
Should you wish to get in touch with us, please contact our team, who will work with you to resolve any issues you may be having with our services, send us an email on support@triedandtested.mt If our team is unable to resolve your complaint to your satisfaction, you may refer your complaint to The Malta Competition and Consumer Affairs Authority: https://mccaa.org.mt
Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the Laws Malta.
Disputes
Any dispute, controversy or claim arising out of or relating to these terms and conditions, or the breach, thereof, shall be referred to arbitration, in accordance with the provisions of the Malta Arbitration Act and the Arbitration Rules of the Malta Arbitration Centre in force at the time of the claim.

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