Terms of Use Agreement

Last updated: 10th October 2023

This Terms of Use Agreement (“Agreement”) is entered into by and between Depth Collective LTD, trading as Whatloo.com, a company registered in the United Kingdom under company number 14184842, with its registered office at Parkhill Studio, Walton Road, Wetherby, LS22 5DZ, United Kingdom (“Whatloo.com,” “we,” “our,” or “us”) and the users (“you,” “your,” or “user”) of the Whatloo.com website or services (the “Platform”).

By using the Platform or any Whatloo.com services, you agree to comply with and be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Platform.

1. Definitions

1.1 Organiser: For the purposes of this Agreement, “Organiser” means anyone procuring services or requesting quotes via the Platform.

1.2 Supplier: For the purposes of this Agreement, “Supplier” means any supplier of services registered on the Platform.

2. Changes to the Agreement

We may modify this Agreement from time to time without prior notice. Any changes will be posted on the Website. By continuing to use the Platform after such changes are posted, you agree to be bound by the modified Agreement. It is the user’s responsibility to review the Agreement regularly for changes.

3. Warranty and Acknowledgement

3.1. By using the Platform, all users understand and acknowledge that Whatloo.com operates as an online platform that connects Organisers seeking portable toilet hire services (“Organisers”) with Suppliers offering portable toilet hire services (“Suppliers”). We facilitate the submission of quote requests by Organisers, and Suppliers can respond to these requests directly with quotes. Please note that Whatloo.com is solely a platform to facilitate this connection and does not engage in bookings, agreements, or transactions between Organisers and Suppliers.

3.2. Suppliers, when offering or providing services, confirm that they and anyone working for them are appropriately qualified, experienced, licensed, and insured, as mandated by laws or regulations governing the services they offer and the specific tasks they perform for organisers.

3.3. Suppliers understand and agree that sending a quote does not guarantee it will be read, and using the Platform does not guarantee engagement by organisers for the supply of services.

3.4. Organisers understand that requesting a quote does not guarantee a response or the receipt of an appropriate quote for services.

4. Responsibilities and Liability

Organisers must understand and agree that Suppliers, not Whatloo.com, are responsible and liable for the provision and delivery of services, as well as for complying with all legal requirements related to those services. Whatloo.com is not responsible for any disputes, damages, or issues that may arise between Organisers and Suppliers.

5. Disputes Between Users

Whatloo.com values the users of our platform. In the event of a dispute between users, including but not limited to Organisers and Suppliers, Whatloo.com does not act as a mediator, arbitrator, or judge. Users agree that any disputes, claims, or controversies between them shall be resolved directly between the parties involved, and Whatloo.com shall not be held liable or responsible for any such disputes.

6. No Endorsement

6.1 Whatloo.com does not endorse any Supplier or Organiser using the Platform. We do not assume any responsibility for the accuracy or reliability of any information provided by users of the Platform. Users are solely responsible for verifying the qualifications, credentials, and suitability of other users they engage with through the Platform.

6.2 Whatloo.com is not a participant in agreements between Users or third parties.

6.3 No agency, partnership, joint venture, or employment relationship is established between Whatloo.com and any User due to this Agreement or a User’s utilisation of any part of the Platform or services.

6.4 Users must provide accurate information as per this Agreement. Whatloo.com is not obligated to conduct additional checks to verify Users’ identities, backgrounds, or credentials. Whatloo.com does not confirm or endorse any User, their identity, background, or credentials, regardless of the specific services they use or any involvement by Whatloo.com personnel.

6.5 Users are urged to exercise responsibility and diligence when interacting with other Users. Whatloo.com is not liable for any harm resulting from interactions with other Users and is not responsible for conducting due diligence on Users. It’s important to note that Whatloo.com cannot fully verify all requests sent through the system. Suppliers are responsible for carrying out due diligence before entering into any type of financial transaction including the outlay of money for pitch fees or materials required for carrying out a job.

6.6 The Website may contain links to third-party websites, offers, or events not owned or controlled by Whatloo.com. Whatloo.com does not endorse or assume responsibility for such links, and Users access them at their own risk.

6.7 By using the Platform, Users acknowledge that any legal claims for actions or omissions by other Users or third parties are limited to those specific Users or third parties. Users agree not to hold Whatloo.com liable or seek legal remedies from Whatloo.com regarding such actions or omissions.

7. Fees

7.1. Organisers requesting quotes will not be charged to use the platform.

7.2. Suppliers will be charged a small fee to respond to a quote request from an organiser.

7.3. The fee to respond to a quote request will vary depending on the nature of the quote requested. For example, but not limited to, how many toilets are required, or the duration of the requested hire period.

7.4. Whatloo.com reserves the right to change or alter the fee to respond to a quote request.

7.5. Suppliers will be notified of fee changes 14 days prior to them coming into effect.

7.5. Suppliers agree to pay Whatloo.com the fees as agreed. Any fee payable must be received within 30 Days of invoicing.

7.6. All payments shall be made in GBP, unless otherwise agreed by Whatloo.com.

8. Termination

Whatloo.com reserves the right, in its sole discretion and without notice, to limit, suspend, deactivate, or terminate your account and access to the Platform, with or without cause. Termination may result from violations of this Agreement, misuse of the Platform, or any other actions that Whatloo.com, in its judgment, deems inappropriate or harmful.

9. Circumstances Outside of Control

Neither Whatloo.com nor users shall be liable for any delay or failure to perform under this Agreement arising from causes beyond their control and without their fault or negligence. Such causes may include but are not limited to, acts of nature, fires, floods, earthquakes, strikes, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

10. Policies incorporated in this Agreement

Please review Whatloo.com’s Privacy Policy, which forms part of this Agreement, and sets out how we collect and use your personal information.

11. Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Whatloo.com, constitutes the entire agreement between you and Whatloo.com concerning the Platform and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings.

12. No Waiver

No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Whatloo.com’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

13. Governing Law

This Agreement shall be governed by English Law and the parties to this Agreement submit to the exclusive jurisdiction of the courts of England & Wales.

14. Contact Information

If you have any questions about this agreement, you can contact us via email at: hello@whatloo.com or using the contact page on the whatloo.com website.

By using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Platform.