“Why Search” is a trading name of Vetted Ltd. Registered as a company in England and Wales no. 04285394. Registered office: Why Search, Building 2000, Lakeside North Harbour, Western Road, Portsmouth, PO6 3EN. VAT Number: GB 781 5719 12.
1. Acceptance of Terms
1.1. Your access to and use of whysearch.com ("the Website") and the Services (defined below) outlined in Clause 2, are
subject exclusively to these Terms and Conditions.
1.2. You agree not to use the Website and/or Services for any purpose that is unlawful or prohibited by these Terms and
1.3. 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.
1.4. Why Search 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.
1.5. Why Search may update the Website from time to time, and may change the content at any time.
1.6. These Terms and conditions were last updated on 10 April 2018.
2. The Services
2.1. Why Search takes steps to verify the credentials and company status of its members (the “Vetting Process”).
2.2. Why Search collects and collates feedback from customers of its members by means of feedback (“Monitoring”).
2.3. Why Search collates recommendations from the public in relation to its members and the services they provide
2.4. The results of the Recommendation, Vetting and Monitoring processes are published on the Website.
Why Search aims to:
Improve the accountability and credibility of its members through publishing impartial feedback on their work;
Promote quality service, workmanship and best practice among its members; and
Promote its members to the public, isolating rogue traders.
3. Other Applicable Terms
3.1. These Terms and Conditions refer to the following additional terms, which also apply to your use of the Website:
• Why Search’s privacy notice sets out the terms on which we process any personal data we collect from you or that
you provide to Why Search (“Privacy Notice”). The Privacy Notice also sets out who we share the content you upload or
• If you are a member, Why Search’s Code of Conduct and Ethics will apply to the way in which you conduct your business.
• If you are a member, our Terms and Conditions for members will also apply to your use of the Website. In the event of a
the conflict between these Terms and Conditions and the Terms and Conditions for members, the contents of those additional
terms shall prevail.
4. Access to the Website
4.1. Why Search do not guarantee that the Website or any content contained on the Website will always be available or be
4.2. You are responsible for making all arrangements necessary for you to have access to the Website.
4.3. Your access to the Website is permitted on a temporary basis only.
4.4. Why Search may suspend, withdraw, discontinue or change all or any part of the Website without notice to you.
4.5. Why Search will not be liable to you for any reason if the Website is unavailable at any time or for any period.
5. Intellectual Property Rights
5.1. The Website and its content (including without limitation 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,
5.2. None of the content contained on the Website may be downloaded, copied, reproduced, transmitted, stored, sold or
distributed without the prior written consent of Why Search. This excludes the downloading, copying and/or printing of
pages of the Website for personal, non-commercial use only or for use by Why Search members in promoting their business.
5.4. When you upload any content (including text or photographs) to the Website, you assign all rights in such content
to Why Search.
5.5. You agree to Why Search using the name you submit in connection with the content you upload.
5.6. You agree that once you have submitted content, the content will become the property of Why Search and you cannot
recall any part of such content.
6. No reliance on information or speed of service
6.1. 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.
6.2. Although Why Search 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 Why Search are under no obligation to update it.
6.3. In case of customers experiencing emergency situations Why Search aims to put such customers in touch with members
who are able to provide a fast response through its NOW Response Service. However, Why Search 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.
6.4. The pricing displayed is offered by the trade and is not offered, underwritten or approved by Why Search. Any
agreement reached between you and a trader based on this or any other pricing structure is a contract between you and
that trader and accordingly Why Search is not a party to it.
6.5. During the Vetting Process, Why Search requests copies of public liability insurance (“PLI”) documentation from its
members and carries out Monitoring on that insurance documentation at the point we are told it is due to expire. Why
Search cannot however guarantee whether our members retain PLI insurance between the Vetting Process and our Monitoring.
Where we are made aware that a member has expired PLI, we use reasonable endeavours to notify consumers by means of a
notice on the relevant member’s profile. We cannot however guarantee that such a notice has been provided in every case
of expired PLI.
Why Search therefore recommends that you to ask to see a copy of the Why Search member’s insurance certificate before
they commence work for you.
7. Prohibited use
7.1. You agree to use the Website for lawful purposes only and not:
• In any way that breaches any applicable local, national or international law or regulation;
• In a way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• For the purposes of harming or attempting to harm any person, business or entity in anyway;
• To undermine the purpose and provision of Services;
• To gain a competitive advantage over any businesses in your sector;
• To act in competition with the Services;
• To violate the privacy of others;
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other
form of solicitation;
• To reverse engineer, decompile, dissemble, decipher or otherwise derive the code used on the Website;
• To use any robot, spider, scraper, or other automated means to access the Website; or
• To reproduce, duplicate, copy, sub-licence, broadcast, distribute, sell, re-brand or re-sell any part of the Website
(without Why Search’s express consent).
8. Links to third party websites and linking to the Website
8.1. The Website/Services 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 Why Search has no
control over such websites and is not responsible for the content or availability of any such websites.
8.2. You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it.
8.3. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Why
Search where none exists.
8.4. Why Search reserves the right to withdraw linking permission without notice.
9.1. Why Search cannot guarantee that the Website will be secure or free from bugs or viruses.
9.2. Why Search will not be liable for any loss or damage caused by a virus, 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, where Why Search have
taken reasonable security to prevent this.
10. International use
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United
Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of
and conduct on the Internet.
11.1. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United
Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of
and conduct on the Internet.
11.2. You agree to indemnify and hold Why Search 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 Why Search 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 reasonable legal
costs and expenses) howsoever suffered or incurred by Why Search in consequence of your breach of these Terms and
12. Disclaimers and limitation of liability
12.1. Use of the Website/Services is at your own risk. The Website/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.
12.2. To the extent permitted by law, Why Search 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/Services.
12.3. Whilst Why Search makes reasonable efforts to ensure that all information it provides is accurate, Why Search
makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable,
that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or
that the Website/Services or the server that makes them available are free of viruses or anything else that may be
harmful or destructive.
12.4. Why Search 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.
12.5. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Why Search for
death or personal injury as a result of the negligence of Why Search or that of its employees or agents.
12.6. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
12.7. Whilst every effort is made to verify statements and information submitted by the public and Why Search members,
the information compiled by Why Search is based on information supplied by various individuals and businesses, it does
not represent the views of Why Search and Why Search cannot be held responsible for any omissions or inaccurate claims
that may appear.
12.8. Users of the service do hereby represent, understand and expressly agree that Why Search 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.
12.9. You hereby expressly agree not to hold Why Search (or Why Search's agents, representatives, advertisers or
employees) liable for any instruction, advice or services delivered which originated through the website or associated
Services and Why Search expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies
that have arisen or may arise, whether known or unknown therefrom.
13. Uploading content to the Website
13.1. 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:
• Is accurate, true, up to date, genuine, and not misleading;
• Is relevant and appropriate;
• Complies with applicable law in the UK and in any country from which the content is posted or viewed and does not
promote illegal activity;
• Complies with the Privacy Notice and does not disclose any personal or confidential information;
• Does not contain material that is or potentially could be defamatory, obscene, aggressive, offensive, hateful,
inflammatory or rude;
• 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;
• Does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Does not relate to the services provided by Why Search;
• Does do not have the purpose or effect of advertising, discussing, or commenting on third party businesses who are not a
• IIs not threatening, abusive, or invades others privacy or causes annoyance, inconvenience, or needless anxiety;
• Does not impersonate any person or misrepresent identities or affiliations; or
• Does not give the impression that it emanates from Why Search (if this is not the case).
13.2. Where content you upload does not comply with the Content Standards or requires clarification, Why Search may
contact you for further information, before publishing such content.
13.3. You warrant that all content you upload shall comply with the Content Standards, and you agree to indemnify Why
Search for any loss Why Search suffers as a result of your failure to comply with the Content Standards.
13.4. Why Search will not be responsible, or liable to any third party, for the content or accuracy of any content
uploaded by you to the Website.
13.5. Why Search 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.
13.6. Why Search 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.
14. Why Search’s rights
14.1. Why Search 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 Why Search:
• Temporarily or permanently withdraw your access to the Website;
• Commence legal proceedings against you for your actions;
• Disclose necessary information to law enforcement authorities.
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.
16. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and you
hereby submit to the exclusive jurisdiction to the courts of England and Wales.