Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and IWDRO Limited, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website (save for those terms applicable to Members only acceptance of which is confirmed during the application process). If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

  1. DEFINITIONS AND INTERPRETATION

    In this Agreement the following terms shall have the following meanings:

    “Account” means collectively the personal/identifying information, payment information and credentials used by Users to access parts of the Website;
    “Brand Guidelines” means the guidelines for use of the IWDRO trade mark, logo’s and branding published by IWDRO and available on the Website as amended by IWDRO from time to time;
    “Code of Conduct” means the code of conduct for Members published by IWDRO and available on the Website as amended by IWDRO from time to time;
    “Complaints Policy” means the rules and guidelines relevant to the IWDRO “Dispute Console” published by IWDRO and available on the Website as amended by IWDRO from time to time;
    “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 this Website;
    “Listing” means a directory listing posted on the Website which shall provide details of that Member’s business including, but not limited to, contact details;
    “Listed Business” means any business which features in a Listing;
    “Membership Fee” means the fee payable to become a Member;
    “Membership Requirements” means the criteria required to become a Member as set out in the application process and as detailed on the Website;
    “IWDRO” means IWDRO Limited a company registered in England under number 08310655 whose registered office is at The City Arc, Worship Street, London EC2A 2BF;
    “Member” means a User who has successfully completed the IWDRO application process and has paid the appropriate Membership Fee;
    “Service” means collectively any online facilities, tools, services or information that IWDRO makes available through the Website or otherwise either now or in the future;
    “System” means any online communications infrastructure that IWDRO makes available through the Website either now or in the future. This includes, but is not limited to, Listings, the “dispute console”, email addresses and online forms;
    “User” or “Users” means any third party that accesses the Website and is not employed by IWDRO and acting in the course of their employment; and
    “Website” means the website that you are currently using (www.iwdro.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
  2. INTELLECTUAL PROPERTY & USE OF THE IWDRO BRAND
    1. Subject to the exceptions in clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Listings, 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 IWDRO, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
    2. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by IWDRO.
    3. Specifically you agree that you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by IWDRO.
    4. Use of the IWDRO brand is governed by the Brand Guidelines and all Members must comply with the Brand Guidelines. Any User who is not a Member may only use the IWDRO brand and logo’s with the prior written consent of IWDRO.
    5. All Members will receive an IWDRO certificate of registration annually. This will be sent in hard copy to all members within the UK. All Members outside of the UK will receive a digital copy for printing.
    6. No User shall attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website.
  3. THIRD PARTY INTELLECTUAL PROPERTY
    1. The Intellectual Property Rights subsisting in the Content of Listings may belong to the Listed Businesses to which those Listings pertain unless it is expressly stated otherwise.
    2. Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
    3. The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
  4. FAIR USE OF INTELLECTUAL PROPERTY

    Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  5. LINKS TO OTHER WEBSITES

    This Website may contain links to other sites including, but not limited to, those of Listed Businesses. Unless expressly stated, these sites are not under the control of IWDRO or that of our affiliates. We assume no responsibility for the content of such ebsites 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 this Website does not imply any endorsement of the sites themselves or of those in control of them.

  6. LINKS TO THIS WEBSITE
    1. Subject to the provisions of sub-Clause 6.2, those wishing to place a link to this Website on other sites may do so only to the home page of the site (www.iwdro.org) without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of IWDRO. To find out more please contact us by email at enquiries@iwdro.org.
    2. Listed Businesses and their associates may place deep-links to their Listings on the Website.
  7. LISTING ON THE WEBSITE
    1. When submitting information for a Listing to the Website you should do so in accordance with the following rules:
      1. you must not use obscene or vulgar language;
      2. your Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to your business or industry). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      3. your Listing may not contain Content that is intended to promote or incite violence;
      4. your Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other businesses;
      5. your Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
      6. you must not post links to other Websites containing any of the above types of Content;
      7. the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
      8. your Listing must be placed into the appropriate category;
      9. you must not impersonate other people or businesses;
      10. 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; and
      11. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
    2. You acknowledge that IWDRO may screen, approve (or reject), edit and/or remove any Listing submitted to the Website.
    3. IWDRO may edit your Listing to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your Listing may be removed and your Account and membership may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.
    4. In order to submit a Listing, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
      1. any information you submit is accurate and truthful; and
      2. you will keep this information accurate and up-to-date.
    5. By submitting information for a Listing you warrant and represent that you are the author of such information or that you have acquired all of the appropriate rights and/or permissions to submit it. IWDRO accepts no responsibility or liability for any infringement of third party rights by such Listings or Content. Further, you waive all moral rights in the Listing to be named as its author and grant IWDRO a perpetual licence to modify the Content as necessary for its inclusion on the Website.
    6. IWDRO 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 Listings, nor for any errors or omissions in Listings. Use of and reliance upon Listings is entirely at your own risk.
    7. Nothing in these Terms and Conditions shall grant IWDRO any rights in or to any trade marks or any other intellectual property rights contained within your Listing or any part of it save for the right to display the same on the Website as part of your isting until you or IWDRO choose to remove that Listing.
    8. You acknowledge that IWDRO may retain copies of any and all communications, information, Content and Listings sent to us or submitted to the Website.
  8. ACCOUNTS, MEMBERS AND MEMBERSHIP FEES
    1. In order to become a Member and have a Listing posted on this Website you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:
      1. all information you submit is accurate and truthful; and
      2. you will keep this information accurate and up-to-date.
    2. Sharing of Accounts is not permitted unless expressly authorised in writing by IWDRO. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
    3. Subject to clause 8.5 below, a Membership Fee will be charged for at the point of application. Membership Fees are detailed here. Your credit/debit card will be billed at the time at which your application is processed and annually thereafter until cancellation or termination.
    4. Your first payment will be at the price displayed on the Website and detailed in the application process. IWDRO reserve the right to change Membership Fees from time to time and any such changes may affect your recurring Membership Fees.
    5. In the event that you choose, and IWDRO agrees to accept at its sole discretion, to pay the Membership Fee in instalments, then, by doing so, you are agreeing to a 12-month agreement, renewable annually, and any termination within such 12-monthterm shall result in you being immediately liable for any and all outstanding instalments for the remainder of such term.
    6. Members warrant and undertake to IWDRO that they have, and shall at all times maintain whilst being a Member, the Membership Requirements. The failure of a Member to maintain the Membership Requirements will entitle IWDRO to terminate the relevant membership and Account.
    7. Members must, as a condition of membership, agree to comply with and adhere to the Code of Conduct, Complaints Policy and Brand Guidelines as published on the Website. The failure of a Member to comply with the Code of Conduct, Complaints Policy and Brand Guidelines will entitle IWDRO to terminate the relevant membership and Account.
    8. If you or IWDRO terminate your membership and your Account, your Listing will be removed immediately and no refund or partial refund of Membership Fees will be payable by IWDRO in respect of any unexpired period of membership or otherwise.
  9. CONTRACT OPPORTUNITIES
    1. Through the “Contract Opportunities” section of the Website, IWDRO may provide potential customer opportunities (referred to as “contract opportunities”) to Members (Leads).
    2. Whilst each Lead is vetted by IWDRO and as much information gathered as reasonably possible about the Lead and its source, IWDRO offer no guarantee that the Lead will correspond with its description and/or Member expectations. IWDRO may from time to time to change the information it collects in respect of Leads, and to change the steps we take to qualify Leads.
    3. IWDRO accepts no liability whatsoever in respect of Leads. The decision as to whether to purchase the Lead is made at the absolute discretion of the Member. IWDRO’s liability in respect of Leads shall in no circumstances exceed the price paid by the Member to IWDRO for the Lead.
    4. The Member agrees that it shall have the sole responsibility for any goods and/or services provided in relation to a Lead and any complaints regarding such goods or services. The Member shall indemnify and keep indemnified IWDRO, its agents and employees against any claims, demands, costs, expenses, losses and/or damages whatsoever arising out of or in any way connected with good and/or services provided pursuant to a Lead.
    5. The prices charged for Leads shall be at the sole and absolute discretion of IWDRO and shall be confirmed prior to purchase. IWDRO reserves the right to sell Leads to Members at its discretion and may give priority to those paying the highest price or those responding to the Lead opportunity quickest. Leads may be sold to more than one Member.
    6. Payment for Leads shall be made within 7 days of receipt of an invoice from IWDRO or, should the Member have chosen to pay by direct debit, it hereby authorises IWDRO to take the full amount due each month for the preceding month by direct bank debit.
    7. Without prejudice to any other right or remedy that it may have, if the Member fails to pay IWDRO on the due date:
      1. the Member shall pay interest on the overdue amount at the rate of 5% per annum above Royal Bank of Scotland’s base rate from time to time; and
      2. IWDRO may suspend all Services until payment has been made in full.
    8. Leads are not for resale or for passing on to any third party. All information in respect of a Lead shall be treated as strictly confidential and shall not be disclosed ortransferred to any third party and shall be stored and used in strict compliance with all applicable laws (including but not limited to the Data Protection Act 1998 or the equivalent legislation in the relevant jurisdiction).
    9. Users shall indemnify and hold indemnified IWDRO, its agents and employees from and against any costs, claims, expenses, demands, losses or damages arising out of or in connection with you breaching clause 9.7.
    10. In dealing with the sources of Leads, Members are expected to conduct themselves in accordance with and within the spirit of the Code of Conduct and maintain the highest levels of integrity and professionalism. This includes, but is not limited to, making contact with the customer from where the Lead originates promptly.
    11. In the unlikely event that you have reason to dispute the validity of a Lead then you must notify IWDRO of such dispute within 7 days of purchase, giving specific details as to the reasons for the complaint. Disputes can only be raised through the “Dashboard” section of the Website. For the avoidance of doubt, disputes raised by email or telephone or raised after 7 days from purchase will not be considered by IWDRO. IWDRO will work with Members to resolve any dispute raised as quickly and fairly as possible. In doing so, IWDRO will apply the principles and practices below: -
      1. If the Member has been unable to contact the Lead within the 7 day period referred to at clause 9.10 above, IWDRO will attempt to do so on at least 3 separate occasions over a 5-day period. In the event that contact is made, it will endeavour to make arrangements for the Member to communicate with the Lead contact. If no contact is subsequently made, IWDRO will offer the Member a credit to the value of the amount paid for the relevant Lead;
      2. if the Member alleges that IWDRO have wrongly documented factual information in respect of a Lead, IWDRO will investigate immediately and such investigation shall include listening to telephone conversations recorded between the Lead contact and IWDRO representatives. In the event that such investigation concludes that factual information was wrongly documented, IWDRO will offer the Member a credit to the value of the amount paid for the relevant Lead;
      3. if the Member alleges that the Lead was not genuine (i.e. that no opportunity actually existed) then IWDRO will investigate immediately. IWDRO will request substantiating evidence from the Member (e.g. correspondence from the Lead contact) that confirms that the Lead was not genuine. Upon receipt, IWDRO will attempt to contact the Lead contact on at least 3 separate occasions over a 5-day period to validate the authenticity of the evidence provided. In the event that such evidence is confirmed as authentic, IWDRO will offer the Member a credit to the value of the amount paid for the relevant Lead.
    12. Credits will only be offered in the circumstances detailed in clause 9.10 above. The purchase of a Lead from IWDRO is not a guarantee of work for the Member. IWDRO shall have no responsibility or liability for a Member’s failure to generate work from a Lead.
    13. Any credits agreed by IWDRO (pursuant to clause 9.10 or otherwise) will appear on the next invoice after the date on which the dispute is approved. This may mean that the credit appears on the next invoice rather than on the same invoice as the original (disputed) Lead.
  10. TERMINATION AND/OR SUSPENSION
    1. In the event that any of the provisions of clause 7.1, 8.7, 9.7 or 9.8, are not followed, IWDRO reserves the right to suspend or terminate your access to the Services. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
    2. If IWDRO terminates or suspends your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
    3. IWDRO reserves the right to terminate your Account without cause. In the event of termination pursuant to this clause 10.3, you will be entitled to a refund of the Membership Fee pro rata to reflect the remainder of the period of membership paid for.
    4. Members may terminate their Account by giving IWDRO one month’s notice in writing, such notice to expire on the date being twelve months from the date upon which they became a Member or the date of their last membership renewal (Anniversary Date). Any notice of termination purportedly terminating prior to an Anniversary Date shall be deemed to expire on the next Anniversary Date and no refund of the Membership Fee shall be payable.
    5. On termination of Membership for any reason you shall immediately pay to us all outstanding invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, IWDRO shall submit an invoice, which shall be payable by you immediately on receipt.
  11. PRIVACY
    1. Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
    2. The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. By accepting these terms and conditions, you are giving consent to IWDRO to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
    3. If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
  12. DISCLAIMERS
    1. IWDRO makes no warranty or representation that the Website 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.
    2. Save for the screening and approval of Listings, IWDRO has neither control over, nor involvement in, any Listed Business and accepts no responsibility for any actions taken, or any goods or services provided, by any Listed Business.
    3. Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, IWDRO makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
    4. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    5. IWDRO makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
    6. Whilst every effort has been made to ensure that all descriptions of services available from IWDRO correspond to the actual services available, IWDRO is not responsible for any variations from these descriptions.
    7. Whilst IWDRO uses reasonable endeavours to ensure that the Website 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.
  13. AVAILABILITY OF THE WEBSITE AND MODIFICATIONS
    1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the 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.
    2. IWDRO accepts no liability for any disruption or non-availability of the Website 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.
    3. IWDRO reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  14. LIMITATION OF LIABILITY
    1. To the maximum extent permitted by law, IWDRO accepts 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 the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    2. IWDRO’s liability to any Member shall in any event be limited to the Membership Fee paid by such Member for the year of membership within which such liability arises.
    3. Nothing in these terms and conditions excludes or restricts IWDRO’s liability for death or personal injury resulting from any negligence or fraud on the part of IWDRO.
    4. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, 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.
  15. 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.

  16. PREVIOUS TERMS AND CONDITIONS

    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  17. 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 IWDRO.

  18. COMMUNICATIONS
    1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to enquiries@iwdro.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.
    2. IWDRO 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.
  19. SET-OFF

    All amounts due by a Member to IWDRO shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

  20. LAW AND JURISDICTION

    These terms and conditions and the relationship between you and IWDRO shall be governed by and construed in accordance with the Law of England and Wales and IWDRO and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.