• 1. Definitions

    • The “website” means http://www.myhomemygarden.co.uk and all the pages, content and sub-domains contained therein
    • "myhome mygarden”, “company", "us", "we", "our" and "ours" means My Home My Garden Ltd, a limited company registered in England, company no. 05611839
    • "Service" means any procedure or service that is provided by myhome mygarden which includes, but is not limited to: information, services and products provided through the website, or by telephone or email.
    • "Customers" means any person who submits a job or makes an enquiry on the website for myhome mygarden to quote on or anyone making use of the Service.
    • “Contractor” "Contractors" means any business, tradesperson or service provider who registers on the website in order to quote for work required by Customers.
    • “users” “user” means anyone using the website including Customers and Contractors
    • “Project”, “Projects” “Work” or “Works” means any job or jobs submitted or requested by a Customer and includes Design Projects and Building Projects
    • “Design Project”, “Design Projects” shall include our feasibility study, architectural service, garden design service, interior design service and any other design services provided by us
    • “Building Project”, “Building Projects” shall include any Projects where building works are involved using our approved Contractors and shall include, but is not limited to: property improvements and alterations, extensions, conversions, garden landscaping works and interior fit outs
  • 2. General Terms and Conditions (applies to Customers, Contractors and any Users)

    • 2.1 General

      The following document describes the terms and conditions applicable to the use of any Service provided under the website. By using the Service offered through the website, you are bound by the terms and conditions as set out below.  If anyone does not wish to be bound by these terms of use, then they may not use any Service provided on our site.

    • 2.2. Notices

      Unless otherwise explicitly stated, notices to myhome mygarden must be sent by registered mail to My Home My Garden Ltd, 34 Tennyson Avenue, Grantham, Lincolnshire, NG31 9NA, UK, and notices to users will be sent to the email address that they have provided to us during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

    • 2.3 Projects and Further Contracts

      The Customer’s Projects must not be against any applicable law, or contrary to any aspect of these terms and conditions. Customers accept the sole responsibility for the legality of their actions under laws applying to themselves.

      • 2.3.1 Design Projects

        Design Projects shall be carried out in accordance with the terms and conditions provided herein.

      • 2.3.2 Building Projects

        Building Projects shall be carried out in accordance with the terms and conditions provided herein and also a separate Building Contract which shall be prepared and issued by myhome mygarden upon acceptance of our quotation for the Building Project. This will include a description of the works, the agreed Project cost, terms of payment and other related contract information.

        All contracts for the Project shall be between the Customer and myhome mygarden.

    • 2.4 Restrictions on Information

      Information provided by the Customer or Contractor and any activities on our website must not, be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. The information must not infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography. The information must not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. The information must not link directly or indirectly to any other website. The information may not contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information. The information may not cause the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired.

      The Customer will be given the details of the Contractor or Contractors quoting for their Project which will be made available through our on-line administration system. The Contractors will be able to view Customer information through our on-line administration system Customers and Contractors may only use this information or any other contact information obtained through a myhome mygarden related communication for myhome mygarden related business and only use in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. Customers and Contractors will be able to review the information held by us and have the opportunity to remove themselves from our database.  In addition, under no circumstances, except as defined in this Section, can a Customer or Contractor disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. We do not tolerate SPAM or unsolicited commercial communications and neither do our users.

    • 2.5 Use of your information

      We only collect, store or use information that we consider necessary for the purpose of providing the best service for our customers.

      We check the accuracy of the business information that users provide on registration. We may use the contact information provided to contact you regarding your registration, or any other matter that we consider relevant to the users use of our website.

      We do not share, sell, trade or give away your personal information other than is described in these terms and conditions.

      We may disclose your personal data if we are either compelled to do so by law, or in response to a valid, legally compliant request by a law enforcement or governmental authority.

      We cannot ensure that all of your communications with myhome mygarden and other personally identifiable information will never be disclosed in ways not otherwise described within these terms and conditions or our in this Privacy Policy. For example, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from the website. Therefore, we do not guarantee, and you should not expect, that your personally identifiable information or communications will always remain private.

      We may also disclose aggregated demographic and profile data (in which users will not be identified) to our commercial and marketing partners.  

      Although we make every attempt to ensure that it is correct and accurate, myhome mygarden cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content.

      See also our separate Privacy Policy.

    • 2.6 Access and interference

      All user agree that they will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, users agree that they will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. Users agree that they will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the website without our prior written permission and the appropriate third party, as applicable and that they will not interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; Users  agree not to bypass measures we may use now or in the future to prevent or restrict access to the website and we do not authorise any users to extract, copy or re-utilise any parts of our website.

    • 2.7 Breach

      Without limiting our other remedies, we may limit users activity on the website, immediately issue a warning, suspend or terminate the user registration and refuse to provide our services to the user without notice to the user if they breach these terms and conditions or the documents incorporated by reference or we are unable to verify or authenticate any information they provide to us, or we believe that the users actions may cause us financial loss or legal liability.

    • 2.8 Limitation of Liability

      Nothing in these terms and conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these terms and conditions. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply. We (including our directors and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

    • 2.9 Indemnity

      All users agree to indemnify and hold us and (as applicable) our directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the users breach of these terms and conditions (including the documents incorporated by reference), or the users violation of any law or the rights of a third party.

    • 2.10 Information Access

      We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to users.

    • 2.11 Governing Law and Legal Compliance

      These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
      If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

    • 2.12 Complaints

      Myhome mygarden is serious about customer complaints and will endeavor to act quickly to resolve these. In the first instance, please address any complaints to us by e-mail at info@myhomegarden.co.uk

    • 2.13 Third Party Rights

      A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party specified in these terms and conditions or which exists or is available apart from that Act.

    • 2.14 Intellectual Property

      myhome mygarden owns all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and users agree not use or copy any part thereof without our express permission.

      The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("content") Users upload to our website are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so the user is giving expressed and irrevocable permission for us to store, display and use the content.

    • 2.15 General

      If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. All users agree that these terms and conditions and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by users or others does not waive our right to act with respect to subsequent or similar breaches. These terms and conditions set forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. This Agreement will prevail over any conditions a Customer or Contractor may have specified in the description of a job and our Privacy Policy which are incorporated in these terms and conditions by use of reference. Each of the policies may be amended from time to time. If material changes occur, you will be sent an email explaining the changes.

  • 3. Customer Terms and Conditions

    • 3.1 Customer Registration  

      In order to make an enquiry about a Project a customer must complete and submit a Customer Enquiry Form. Users must be over the age of 18 and we reserve the right to limit the access of any user that we consider suspect, acting in bad faith or under the guise of a false identity or any other reason.

      Making an enquiry for a Project with myhome mygarden is free.

      Upon receipt of the enquiry, we will contact the Customer to discuss their requirements which may require an initial meeting with on of our approved Contractors. The Customer will have a Customer Record set up on our database and will be provided with a Customer reference number and password by e-mail in order to access their information.

      If a Customer wishes to change the details of their enquiry or personal details such as telephone number or address, this can be done through their Customer Record.

    • 3.2 Payment Terms

      All payments for any Project shall be made to myhome mygarden. We shall not be responsible for or have any liability for work that is carried out by our approved Contractors where the Customer makes payment directly to the Contractor

      • 3.2.1 Feasibility Study and Garden Initial Scheme Design

        The Feasibility Study fee and Garden Initial Scheme Design fee will be payable on the basis of 50% prior to the survey being carried out and 50% within seven days of completion of the Feasibility Study or Garden Initial Scheme Design.  Completion which shall be deemed to be the date of the presentation to the Customer or the date it is posted to the Customer.

      • 3.2.2 Design Projects

        50% of our design fee is payable upon completion of planning drawings prior to submission to the Local Authority. The Local Authority Planning fee or Lawful Development Certificate application fee is also payable at this stage as required by the Local Authority.

        The remaining 50% of our design fee is payable upon completion of the Building Regulations drawings and Specification prior to submission to the Local Authority. The Local Authority Building Regulations plan fee, structural engineer's fee and any other third party fess such as thermal calculations fee are also payable at this stage.  

        There may be additional third party fees required by Party Wall surveyors or other interested parties such as management companies. If required, myhome mygarden will provide copies of plans to obtain third party consents.  Any fees charged by a third party will be payable by the Customer.  We reserve the right to charge an additional design fee if additional work is generated.

      • 3.2.3 Building Projects

        The building work will be carried out in accordance with the myhome mygarden Building Contract and payment for the Building Project will be due at interim stages as defined in the Building Contract.

        myhome mygarden will utilize our approved Contractors to carry out the work  and the Customer shall have a contract with myhome mygarden who will, in turn, have a separate contract with our approved Contractor or Contractors.

      • 3.2.4 Late Payment

        myhome mygarden shall reserve the right to apply an interest charge of 2.5% per month for late payment. Any cheques which do not clear will incur a fee of £10 + VAT.

    • 3.3 Cancellation

      Any cancellation must be in writing.

      If you cancel the Feasibility Study or Garden Initial Scheme Design before the survey is carried out, no fee will be payable and, where paid,  the 50% deposit payment will be returned to the Customer.  If you cancel the Feasibility Study or Garden Initial Scheme Design after we have carried out the survey, but before we have completed the Feasibility Study or Garden Initial Scheme Design, half the fee will be payable. If you cancel the Feasibility Study or Garden Initial Scheme Design after we have completed the report, the fee will be payable in full. 

      If you cancel the design service after we receive instructions from you we reserve the right to charge a cancellation fee based on our costs incurred to that date. 

      Cancellation of a Building Project is covered under the myhome mygarden Building Contract

    • 3.4 Design Projects Liability

      • 3.4.1 Access

        It is the Customer’s responsibility to ensure that the property is clear of furniture, goods etc. to enable myhome mygarden to access the property to carry out any surveys or inspections.  It is also the Customer’s responsibility to ensure that the property provides a safe working environment.  We reserve the right to decline to carry out the survey if the environment is unsafe.

      • 3.4.2 Planning Permission

        myhome mygarden cannot guarantee that a Design Project will obtain planning permission or a Lawful Development Certificate. We will aim to design a scheme that meets planning guidance and policy but an application can be refused. We will generally seek to redesign and resubmit a further planning application for which, subject to the extent of the works, there may be an additional charge. We will, If required, introduce a specialist planning consultant to appeal against a refusal decision and the cost of this work will be in addition to our design fee.

      • 3.4.3 Legal Restrictions

        myhome mygarden does not carry out legal investigations into the viability of the proposals and will prepare a scheme on the assumption that the instructing Customer is the freeholder/controlling owner of the property.  The Customer should therefore advise myhome mygarden if there are any legal restrictions such as restrictive covenants, third party rights of way etc. that may affect the scheme. 

        myhome mygarden usually provides general advice only on whether the proposal is affected by the Party Wall Etc. Act 1996.  Additional specialist Party Wall advice/services may be required and any additional fees charged by a Party Wall Surveyor will be in addition to our design fee. Grant of planning consent does not necessarily mean that proprietary rights of adjacent owners/occupiers, such as rights to light or restrictive covenants have been waived, or overcome. The Customer may need specialist advice to deal with such issues.

        Unless the Customer provides specific information on physical restrictions on the property, such as unusual ground conditions, sewers or drains, Tree Preservation Orders, etc. myhome mygarden will assume that there are no onerous restrictions.  Any restrictions that come to light through the planning process will be notified to the Customer.  We do not hold information on public utilities and services, and it is assumed that the location of services will not affect the scheme in any way. 

      • 3.4.4 Building Regulations

        Building Regulations drawings are prepared without invasive investigation (e.g. external trial holes, lifting floor coverings to check floor joists, etc.) and therefore are likely to require amendments prior to receipt of Conditional and Unconditional Building Regulations Approval.  We may need site information from you or the appointed Contractor after building works have commenced to revise plans to obtain these approvals.  Amendments requested by Building Control may affect any building quotations given to the Customer.

        Building work may commence prior to issue of the Building Regulations Approval Notice (Conditional or Unconditional).  If the Customer uses an external Contractor we will co-operate with the external Contractor to obtain Building Regulations approval, but will not be responsible for any work carried out by the Contractor.  The Customer or his Contractor should notify myhome mygarden of any changes to the works to ensure that these are documented on the plans prior to issue of the Building Regulations Approval Notice.  If a Building Regulations Completion Certificate is required by the Customer upon completion of the works, an additional fee may be payable by the Customer to the Local Authority.

        All budget costs and advice are given in good faith but strictly without legal liability. It is emphasised that final building costs can only be provided once the Building Regulations drawings and Specification have been completed.

      • 3.4.5 Construction (Design and Management) Regulations 1994

        Customers should note that any design and building work carried out other than for a private residential Customer, occupied by the Customer, may be subject to the Construction (Design and Management) Regulations 1994 and require the appointment of a Planning Supervisor. Fees for this service will be in addition to our design fee.

      • 3.4.6 Copyright

        All plans prepared by myhome mygarden remain the property and copyright of myhome mygarden until the Customer has paid the design fee.

  • 3.5 Statutory Rights

    Nothing in these terms shall be construed so as to reduce or in any way modify the rights to which you have or will become entitled to under any statutory provisions.

  • 4. Contractor Terms and Conditions

    • 4.1 Contractor Registration  

      In order to register as a Contractor, users must be over the age of 18 and must have authority to act for the Contractor. We reserve the right to limit the access of any user that we consider suspect, acting in bad faith or under the guise of a false identity or any other reason.

      Contractors wishing to register on our website shall complete and send the Register Your Business form and provide as much information as possible about their business.

      Registering a business with myhome mygarden is free.

      Upon receipt of the application, we will contact the Contractor’s references and then arrange for an initial meeting to discuss our contract requirements and the Contractors obligations to our Customers.

      We will usually visit one or more recently completed projects and we will require a copy of the Contractors current insurance certificates.

      Once a Contractor is approved by myhome mygarden we will provide them with opportunities to quote for Projects.

    • 4.2. Contractor Quotations

      The Contractor must ensure that they are legally able to tender for the relevant job and they must ensure that they are legally able to perform the work specified.

      All quotations will be e-mailed to us via our on-line form. The Contractor will be given a unique Contractor reference and password to enable access to our on-line administration system. No quotations shall be provided directly to the Customer.

      In all cases, the Contractor shall visit the Customer’s property prior to providing a quotation and quotations shall be received by us within 14 days of us requesting them unless agreed otherwise.

      Once a Project quotation has been accepted by a Customer, we will prepare and issue Building Contracts for the work and the Contractor will complete the work under the terms and conditions of that contract.

    • 4.3 Design Projects 

      Any Contractor carrying out a Design Project for myhome mygarden will agree to the terms and conditions contained herein.

      Design Projects will be carried out under a separate written agreement which will define payment amounts, payment terms and other relevant matters.

    • 4.4 Building Projects 

      All Building Projects will be carried out under a separate myhome mygarden Building Contract.

    • 4.5 Statutory Rights

      Nothing in these terms shall be construed so as to reduce or in any way modify the rights to which you have or will become entitled to under any statutory provisions.