Terms of Services –Trial Pits®™

Trademark and Copyright

Copyright © International Copyright.International Trademark ®

Trial Pits®™ is protected under International Law.  Any use of the term, trademark or associated variations and combinations with the use of the word 'Trial', 'Pit' or similar (for instance trial holes, test pits) in relation to services described herein will be vigorously defended under international law and damages and compensations will be sought.

Copyright of content and design on the Trial Pits®™ Website is owned by proprietary owner of Trial Pits®™ Ltd a registered business in England and Wales (Registered no. 9906725).

Trial Pits®Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered international Trademarks. All use of the Trial Pits®™ Trademarks is governed by the International Trademark Law. No additional rights are granted by implication, estoppel, or otherwise.

Non Trial Pits®Trademarks & Member Trademarks

The trademarks, logos, and service marks not owned by Trial Pits®and that are displayed on the Site are the registered and unregistered marks of their respective owners. No rights are granted by the Trial Pits®to use such marks, whether by implication, estoppel, or otherwise.  

Client (or the Customer) allows Trial Pits Ltd to use its Company Logo in reference to identifiation of Client's portal area subject to restricted access by Cusotmer's Authorised Users. 

"METADATA" is a trademark of the Metadata Company. Trial Pits®may make use of the term "metadata" in a descriptive sense, meaning "data about data". Trial Pits® is not in any way affiliated with the Metadata Company.


Legal Disclaimer

Trial Pits®("Trial Pits®" or "The Company") maintains this website (www.trialpits.com), associated sub-domains and mobile application to provide information to the user. The information contained in this website is for general information purposes only and only to be used as a guide. Such information may be subject to amendment and updating without notice.

The information is facilitated by Trial Pits®™ and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will Trial Pits®be liable for any loss or damage including without limitation, indirect or consequential loss or damage, loss of time, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website and services or interpretation of data (including photographic) herein.

Through this website you are able to link to other websites which are not under the control of Trial Pits®. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Trial Pits®takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Access to and use of this information is subject to the following terms and conditions: The primary purpose of this website is to provide photographic representation as best as possible for Construction, trenching, Site Investigation and related activities and Environmental Engineering. It is not intended to form the basis of any investment decision. No representation or warranty, express or implied, is or will be given by Trial Pits®as to the accuracy or completeness of this information or opinions contained herein. Any engineering, scientific or financial projections given are illustrative only, none of the photographic data, projections or assumptions should be taken as forecasts or promises on the part of Trial Pits®, nor should they be taken as implying any indication, assurance or guarantee that those assumptions are correct or exhaustive.

Notices & Disclaimers

Unless otherwise noted, all materials contained in this Site are copyrighted and may not be used except as provided written agreement or other proprietary notice provided with the relevant materials.

The materials contained in the Site may be downloaded or copied by the licensees provided that ALL copies retain the copyright and any other proprietary notices contained on the materials and has written agreement from Trial Pits®Ltd and Client. No material may be modified, edited or taken out of context such that its use creates a false or misleading statement or impression as to the positions, graphics, statements or actions.

The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the Website, its content, specifications, or software without specific, written prior permission. Title to copyright in Web site documents will at all times remain with copyright holders. Use of Trial Pits®trademarks and service marks is covered by a pertaining Trademark and Service Mark License.

Caches of Trial Pits®materials should comply with the "maximum time to live" information provided with the materials. After such materials have expired they should not be served from caches without first validating the contents of the Trial Pits®Site. Mirroring of Trial Pits® content is currently disallowed.

Further Legal Disclaimers

Trial Pits® has not reviewed any or all of the websites linked from this Site and information which is inputted into the comments component of the photographic upload process and is not responsible for the content of any off-site pages or any other websites linked to this Site. Please understand that any non-Trial Pits®web site is independent from Trial Pits®, and Trial Pits®has no control over the content on that website. In addition, a link to a non-Trial Pits® web site does not mean that Trial Pits®endorses or accepts any responsibility for the content, or the use, of such site. It is the user's responsibility to take precautions to ensure that whatever is selected is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Information Trial Pits®publishes on its Site may contain references or cross references to Trial Pits® specifications, projects, programs and services that are not announced or available in your country. Such references do not imply that Trial Pits®intends to announce such specifications, projects, programs or services in your country.

Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Trial Pits®may make improvements and/or changes in the materials contained in or described on this site at any time without notice. Trial Pits®may also make changes in these Terms and Conditions without notice. User is bound by such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. 

The nature of Site Investigations is highly transitory and subject to changes in variables and change in environmental conditions. Trial Pits®Ltd gives no guarantee whatsoever as to the accuracy of this information and reliability of its source data.  Time and Date information displayed against uploaded data are indicative only and aim to be representative of the time and date in which the photo was processed onto the database, and not the time the photo was taken. Several factors including mobile telecominication reception, coverage, hardware device speed and saterlite processing times do not allow an accurate measure of the time and date parameters in which photos were taken. 

Limitation on Warranties.

ALL MATERIALS ON THE Trial Pits®SITE ARE PROVIDED "AS IS." Trial Pits® MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. AS TO DOCUMENTS AND GRAPHICS PUBLISHED ON THIS SITE, Trial Pits®MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENTS OF SUCH DOCUMENT OR GRAPHICS ARE FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation on Liability.

IN NO EVENT WILL Trial Pits®BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Trial Pits®IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE Trial Pits®LTD DIRECTORS,OWNERS, OFFICERS OR EMPLOYEES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO USE OF Trial Pits®DATA, TRADEMARKS, INCLUDING ECONOMIC DAMAGES AND LOST PROFITS, REGARDLESS OF WHETHER Trial Pits®SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.

TERMS OF USE

In order to maintain a safe and trusted marketplace Trial Pits®and all related and affiliated websites (the “Site”) and to avoid use of the Site for unauthorized or unintended purposes, we require you and all other users of the Site (each, a “User”) to agree to and comply with these Terms of Use (the “Terms”). These Terms set forth the acceptable and prohibited uses of our Site and are in addition to the other terms of service. By accessing the Site or using any of the Site Services after the effective date, you agree to these Terms. You are also independently responsible for complying with all applicable laws related to your use of the Site or the Site Services whether or not covered by the Terms.

PROHIBITED SITE USE

The uses described in these Terms are prohibited regardless of where on the Site they occur. For example, the activities are prohibited in job posts, proposals, Trial Pits®messages, communications with customer service or disputes, the community forum, and Client or Freelancer feedback.

Illegal, Fraudulent, Harmful, or Offensive Uses

You may not use, or encourage, promote, facilitate, or instruct or induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.

Examples of prohibited uses of the Site or Site Services include:

  • Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the intellectual property rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material;
  • Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene or sexually explicit in nature;
  • Seeking, offering, or endorsing any services that would violate Trial Pits®’s Terms of Service or the terms of service of another website or any other contractual obligations;
  • Seeking, offering, or endorsing any services that violate the academic policies of any educational institution;
  • Fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours, keystrokes, entries, or mouse clicks recorded in the Trial Pits®Team App, (ii) reporting, recording, or otherwise billing clients for time that was not actually worked, or (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false;
  • Expressing a preference in a entry or post or proposal or otherwise unlawfully discriminating on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military/veteran status or any basis protected by applicable law;
  • Posting content that is harassing towards another person or violates the rights of a third party;
  • Posting identifying information concerning another person;
  • Making or demanding bribes;
  • Making or demanding payments without the intention of providing or receiving services in exchange for the payment;
  • Spamming other Users;
  • Using Trial Pits®™ as a 'whereabouts' tracker of staff or personell or activty or task log and any reference thereto peoples movements or location status.  
  • Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or collecting or harvesting any personally identifiable information, including Account names, from the Site; and

Engaging in any conduct that is reasonably likely to or that is intended to harm the Site, including (i) imposing an unreasonable or disproportionately large load (in our sole discretion) on the Site’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site; (iii) bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.

Using the Site Other than For the Intended Purposes

Trial Pits® makes the Site and Services available for Clients and Authorised Users to share information and photographic data in relation to Site Investigation for Construction Activity or otherwise agreed between Client and Trial Pits®Ltd. Authorised Users are expected to use the Site and Services for their intended purposes and Authorised Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited use of the Site:

  • Offering services for the sole purpose of obtaining positive feedback of any kind;
  • Requesting, demanding, or receiving free services.
  • Requesting a fee or allowing another User to submit an entry;
  • Posting the same job multiple times so that more than one version remains active at a given time;
  • Attempting to falsify, manipulate, or coerce another User by threatening to give negative feedback;
  • Misusing the Upload Entry feature to express views unrelated to the work, such as political, religious, or social commentary;
  • Duplicating or sharing accounts;
  • Selling, trading, or giving an account to another person without Trial Pits®’s consent;
  • Sharing or soliciting contact information such as email, phone number, or Skype ID in a profile or entry post;
  • Soliciting or processing payment outside of Trial Pits®in violation of the Terms of Service;
  • Using Trial Pits®™ as a 'whereabouts' tracker of staff or personell or activty or task log and any reference thereto peoples movements or location status.
  • Advertising products or services that are outside or beyond the scope of the Trial Pits®marketplace; and
  • Advertising on Trial Pits®to recruit Freelancers to join an Agency or another website or company.

Using the Site to Post False or Misleading Content

  • All profiles, jobs, proposals, and other content posted to the Site must be truthful and not misleading. Here are examples of prohibited uses:
  • Misrepresenting a User’s experience, skills, or information including information on water sources;
  • Impersonating any person or entity, including, but not limited to, an Trial Pits®representative, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Falsely attributing statements to any Trial Pits®representative, forum leader, guide or host;
  • Allowing another person to use your account, which is misleading to other Users;
  • Falsely stating or implying a relationship with Trial Pits®or with another company with whom you do not have a relationship; and Falsely stating or implying a relationship with another User, including an Agency continuing to use a User’s profile or information after the Freelancer no longer works with the Agency;

ENFORCEMENT

We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.

REPORTING AND CORRECTING VIOLATIONS

If you become aware of any violation of these Terms, you must immediately report it to Customer Service at support@trialpits.com. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.

PAYMENTS - Terms & Conditions

Payment Terms are in accordance with the License Agreement. If you do not accept these terms do not use this facility.

All payments are subject to the following conditions:-

  • Your payment will normally reach Trial Pits®Ltd account to which you are making a payment on the same day or on the following working day.
  • We cannot accept liability for a payment not reaching the incorrect account due to you quoting an incorrect account number or incorrect personal details.
  • Neither can we accept liability if payment is refused or declined by the credit/debit card supplier for any reason.
  • If a card supplier declines payment, Trial Pits®Ltd is under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account.
  • In no event will Trial Pits®Ltd be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
  • Funds allocated to Trial Pits®are to be distributed at the soul discretion of Trial Pits®Ltd.

Trial Pits®will endeavor to meet its obligations under its mission statement 'Collaboration Tool for Environmental Site Investigations'. The level of contribution is not an indication of effort, work or resources Trial Pits®can or will allocate to any specific desired location of operations and is not a measure or guarantee that Trial Pits®will be able to facilitate or collaborate the associated services.

TRANSFER OF PHOTOGRAPHIC AND ASSOCIATED DATA 

Data may not necessarily be able to be delivered to the Customer upon release of the Licence Agreement in the configuration which the data is aligned, configured or represented on the website or mobile platform.  Bulk transfer of photos it typically the means by which files are able to be transfered.  A summary of comments may also be able to be provided where available and typically a processing daily fee of up to £2,500 is applicable depending quanitity and transfer requirements.  We are continuing to invest in the platform and its capability in relation to bulk upload and bulk download of photographic information.

SERVICE OUTAGES AND SYSTEM MAINTAINENCE

Scheduled Maintenance is to maintain central IT facilities on a regular basis while minimising interruption to normal business functions, and also considering vital operations.

Unless otherwise noted, all regular Scheduled Maintenance begin at 1:00am GMT and concludes at 6:00am GMT. If there are any exceptions to these times they will be communicated prior to the date.

  • Disaster Recovery (DR): DR exercises are essential for risk mitigation and ensure our IT infrastructure and basic hosting processes will remain operational in the event of a disaster.
  • Security Patching and other system maintenance may occur from timte to time and every effort will be made to maintain normal system operation.

REFUND (DISPUTES) POLICY

  • Using this website indicates your acceptance of the Trial Pits®License Agreement policy on data usage and retention, with regards to using this service, as well as those terms described herein found in our Privacy Statement.
  • Any Licencing, Finance or Sales Query can be made in writing to:sales@trialpits.com

Trial Pits Ltd is a registered business in England and Wales (Registered no. 9906725) Registered office - BROOK HOUSE, MINT STREET, GODALMING, SURREY, ENGLAND, GU7 1HE. Registered in England.  Copyright Trial PitsTM ©, All Rights Reserved



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