Last updated: 4 March 2025

1. OUR RELATIONSHIP WITH YOU

1.1 We are The Services Platform Limited, trading as CanCan, a limited company registered in England with number 15668215 and registered office at Mermaid House, 2 Puddle Dock, London, EC4V 3DB, with VAT registration number 465896528 and ICO registration number ZB796133 ("CanCan", "us", "we" or "our").

1.2 CanCan operates a platform (the “Platform”) that allows customers (“customers”) to book a selection of services. CanCan delivers those services via approved sub-contractors based on skillset, location and availability.

1.3 These terms and conditions govern your access to the Platform and the jobs you accept through the Platform.

1.4 In order to open a CanCan account, you apply to register with us. The registration process can be found here: https://traders.cancan.uk/Apply.htm. If we approve your application, an agreement arises between you and us subject to these terms and conditions. You represent and warrant that the information you provide to us is complete, accurate and not misleading and any documents you submit to us at any time are either genuine documents or true copies of genuine documents and that you will promptly notify us of any changes. We may at any time require you to provide us promptly with reasonable evidence that any information you have given us is true and up-to-date and that such information and your behaviour is in compliance with these terms. We can suspend or restrict your account until you have supplied this evidence and end this agreement if you do not comply. We may collect information about your performance on the platform for the effective management of the platform. We may disclose information to authorities as required by law or for compliance with our legal obligations.

1.5 Following an approval, you will have a CanCan account. You must not share your CanCan log-in details with any third party, must update passwords when prompted by us, and must tell us immediately if you think someone may have unauthorised access to your account. You are responsible for all use of your account.

1.6 Jobs are offered based on skillset, location and availability and then on a first-come, first-take basis. We have no obligation to offer you jobs. You can accept as little or as many jobs as you wish. The hourly rate to be paid is displayed on the Platform. Rates can change at any point.

1.7 Once you accept a job through the Platform, you are agreeing to deliver the works in exchange for payment, and that job will form part of the contract between you and us subject to these terms and conditions. In accepting a job, you are agreeing to deliver the works included within that job in accordance with its date, time, location and the description provided and you agree that you shall:

• Perform your services with at least a reasonable level of care, skill and diligence in accordance with best practice in your industry, profession or trade;
• Perform your services to a high set of standards and conduct, including being punctual for jobs, being prepared for jobs and being courteous with customers and treating their property with respect and tidiness;
• Not to knowingly and needlessly denigrate former work by other service providers, including by other CanCan sub-contractors;
• Co-operate with CanCan and (on our behalf) the customer in all matters relating to the services, and comply with all lawful and reasonable instructions of CanCan;
• Only use personnel who are suitably skilled and experienced to perform the tasks assigned to them, and in sufficient number to ensure that your obligations are fulfilled;
• Obtain, and maintain all consents, licences and permissions (statutory, regulatory, or otherwise) you or CanCan may require and which are necessary to perform the jobs you accept;
• Ensure your services and deliverables (including any parts or other goods supplied) conform in all respects with their description as agreed through the Platform and are and shall be fit for any purpose that CanCan or the customer expressly or impliedly makes known to you;
• Provide all equipment, tools, vehicles and other items required to complete each job;
• Ensure all goods, materials, standards and techniques used in providing services are of the best quality and are free from defects in workmanship, installation and design;
• Comply with all applicable laws, statutes, regulations and codes from time to time in force;
• Observe all health and safety rules and regulations and any other reasonable security requirements that apply at any of the premises of CanCan customers from time to time or which are notified to you;
• Do not disclose the identity of CanCan customers; and
• Not do or omit to do anything which may cause CanCan to lose any reputation, licence, authority, consent or permission on which it relies for the purposes of conducting its business.

1.8 Where an issue arises from your work you acknowledge in these terms and conditions that it is your public liability insurance that will be called upon. You are required to keep an appropriate insurance at all times and you should notify your insurer that you are taking on work as a sub-contractor.

1.9 Where materials need purchasing for a job, you will act in good faith in the purchase. Subject to you uploading the receipt, you are paid back in full. A standard buying charge is paid by the customer for all materials in recognition of the effort, cost efficiency, time and knowledge required to purchase materials, the majority of which is paid to you.

1.10 You complete the job by entering the relevant details on the Platform. The job is formally completed 48 hours later, unless the customer disagrees. You agree to a self-billing agreement procedure between you and us. Our VAT number is 465896528. We agree:

1. To issue self-billed invoices for all supplies made to us by you until such time as our agreement under these Terms and Conditions ends, should that occur.
2. To complete self-billed invoices showing your name, address and VAT registration number, together with all other details that constitute a full VAT invoice.
3. To make a new self-billing arrangement in the event your VAT registration number changes.
4. To inform you if we outsource the issuance of sell-billed invoices to a third party. You agree:
5. To accept invoices raised by us until such time as our agreement under these Terms and Conditions ends, should that occur.
6. Not to raise sales invoices for the transactions covered by this agreement.
7. To notify us immediately if you change your VAT registration number, cease to be VAT registered or sell your business

1.11 Payment is made to your registered bank account no later than fourteen working days after the job is complete. We may off-set any sums due to us.

1.12 Branding and other intellectual property rights: Once registered (and assuming you remain registered and active on CanCan), you may publicise the words to the effect of “Find me / us on CanCan” or “Available on CanCan”.

1.13 Taking payment directly from CanCan customers or encouraging them to do so is not permitted and will result in your CanCan account being closed.

1.14 Our communications with each other: we will generally use our platform to communicate with you, as well as telephone, email or other methods. You should use the platform, email, telephone or the other ways we make available from time to time to get in touch with us.

1.14 Platform availability: We aim to make CanCan available on a 24/7 basis but will take it offline as reasonably required for maintenance. We will give you as much notice of such downtime as is reasonably possible.

2. CUSTOMER COMPLAINTS

If a CanCan customer has a complaint, you agree to co-operate fully in our efforts to resolve it.

3. DATA PROTECTION

For the purpose of this clause “Data Protection Legislation” means the law of the United Kingdom relating to the protection of personal data including the UK GDPR, Data Protection Act and Privacy and Electronic Communications Regulations as amended. Terms defined in the Data Protection Legislation shall have the same meaning in these terms. It is anticipated that CanCan will be the controller, and you will be the processor of personal data relating to CanCan’s customer (“Customer Personal Data”) which you may receive and/or otherwise process for the purpose of providing your services under these terms. The scope, nature and purpose of processing by you of Customer Personal Data, the duration of the processing and the types of personal data and categories of data subject are as follows: through the Platform you may process information about customers who request services from CanCan which are to be provided by you, for the purpose of responding to those requests and providing those services on behalf of CanCan, for the duration of the contract between you and CanCan. Customer Personal Data may include name, address, contact details, order details, and information about the works required and delivered.

The rights and obligation of you and CanCan are as set out in these terms.

You shall, in relation to any Customer Personal Data processed in connection with the performance of your obligations under these terms: (a) process that Customer Personal Data only on our documented written instructions unless required by English law to do otherwise (in which case you shall promptly notify CanCan beforehand unless the applicable law prohibits it); (b) ensure you have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Customer Personal Data and against accidental loss or destruction of, or damage to, Customer Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected; (c) ensure that any of your personnel who have access to and/or process Customer Personal Data are obliged to keep the Customer Personal Data confidential; (d) not transfer any Customer Personal Data outside of the UK; (e) assist us in responding to any request from a data subject and in ensuring compliance with our obligations under Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; (f) notify CanCan without undue delay if you become aware of a personal data breach; (g) at our written direction delete or return Customer Personal Data and copies thereof to CanCan on termination of the agreement unless required by English law to store Customer Personal Data; (h) maintain complete and accurate records and information to demonstrate your compliance with this clause and allow for audits by CanCan or our designated auditor and immediately inform CanCan if, in your opinion, an instruction of CanCan infringes Data Protection Legislation; (i) not appoint any third-party processor of Customer Personal Data without CanCan’s prior written consent and without entering with such third-party processor a written agreement incorporating terms which are substantially similar to those set out in this clause and which comply with the Data Protection Legislation.

4. ENDING THIS AGREEMENT

We can suspend your account if we become aware, or have reason to believe, that what you have told us or customers (including potential customers) about your services is not true or otherwise unlawful. We can end this agreement and your rights to use CanCan for any of the following reasons:

• You have not complied with these terms and your non-compliance is more than trivial or is repeated;
• Your use of CanCan becomes dormant;
• You have become insolvent or your financial position deteriorates to such an extent that we think your ability to trade is at risk;
• We reasonably consider that our continuing to work with you could expose CanCan to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on CanCan's reputation or the other users of CanCan;
• We decide to stop providing CanCan or to stop selling your type of services on CanCan;
• We reasonably determine, or receive information or notice from HMRC, that you are not meeting your tax obligations;

•   We will give you at least 14 days' notice that we are ending this agreement unless: Our legal, tax or regulatory obligations require us to end this agreement without such notice; or it is imperative for us to end this agreement either immediately or on shorter notice. For example, we may end this agreement with immediate effect if you become insolvent or we discover that your services are unsafe or have led or are likely to lead to complaints, or present a danger to any person, or if we reasonably suspect you of fraud. 
  

You may stop using CanCan and end this agreement at any time provided that you have no jobs which have been accepted but are not yet complete.

5. OBLIGATIONS AFTER THE AGREEMENT ENDS

After this agreement ends (for whatever reason) you must not (unless we tell you otherwise):

• Contact CanCan customers whose jobs you have done.
• Claim an ongoing relationship with CanCan.

After this agreement ends (for whatever reason) we will suspend your access to the Platform and pay any monies due to you from us. Clauses 6 (limitation on liability), 7 (claims against us) and 10 (general) shall survive the termination or expiration of this agreement for any reason.

6. LIMITATIONS ON LIABILITY

Meaning of liability in these terms When we talk about liability in these terms we mean every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

Liabilities neither you nor we limit or exclude Nothing in these terms limits any liability (whether yours or ours) which can't legally be limited, including but not limited to:

• Death or personal injury caused by negligence.
• Fraud or fraudulent misrepresentation.
• Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

The limitations and exclusions set out in this agreement don't apply in respect of:

• Any liability arising from your or our deliberate default.
• Your liabilities to us in connection with you or your products under clause 7.

Types of loss you and we exclude liability for Except in respect of the liabilities neither you nor we limit or exclude, we will not be liable to you and you will not be liable to us for loss of: profits; sales or business; agreements or contracts; anticipated savings; any indirect or consequential loss.

Caps on your and our liability to each other Except in respect of the liabilities neither you nor we limit or exclude (which are uncapped), our total liability to you and your total liability to us is capped as follows:

• For loss arising from the other's failure to comply with clauses 3 (Data Protection) or 8 (the Law), the cap is £1,000,000;
• For all other loss or damage the cap is equal to the greater of: (a) £50,000; or (b) the sums paid or payable to you by us under this agreement. Payment of uncapped liabilities shall not reduce these caps.

7. CLAIMS AGAINST US IN CONNECTION WITH YOU OR YOUR SERVICES

Dealing with claims against us We may pass on to you any complaints we receive about you or one of your services (in this clause 7, references to your provision of services includes the supply of parts or other goods in connection with those services). However, if anyone, including (but not limited to) a customer, regulator, HMRC, couriers or any third party rights holder, makes a claim or takes any kind of action against us in connection with your services through CanCan, things we have or have not done in reliance on information you have provided (or omitted to provide) to us, including our exercise of rights you have granted to us, things you have or have not done including but not limited to any breach of these terms and our policies (a third party claim), then you must, at our option and as we request, either help us defend or deal with the third party claim or defend or deal with it on our behalf, in each case at your own expense. If we ask you to defend or deal with a claim on our behalf, you must get our prior written agreement before settling or compromising it or attempting to do so.

Compensation for claims against us You must pay us an amount (calculated on a full indemnity after-tax basis) equivalent to any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other reasonable professional costs and expenses (liabilities) we incur arising out of or in connection with any third party claim.

8. COMPLIANCE WITH THE LAW

You must at all times when doing anything in connection with this agreement comply with all applicable laws, statutes, regulations and codes from time to time in force.

9. CHANGES TO THESE TERMS

We will let you know via email or another durable medium about any changes we are making to these terms, unless they are just editorial changes which do not alter the content or meaning. Normally we will give you at least 15 days' notice before such changes take effect. We will not give you advance notice if we have to make a change with immediate effect, whether for legal or regulatory reasons or to protect CanCan, our suppliers or our customers from fraud, malware, spam, data breaches or other cybersecurity risks.

10. OTHER IMPORTANT TERMS

Governing law and jurisdiction This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each of us irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement, its subject matter or formation.

Impact of events beyond your or our reasonable control (force majeure) Neither you nor we (the affected party) shall be in breach of this agreement or otherwise liable for any failure or delay in performing their obligations if such delay or failure results from events, circumstances or causes beyond the affected party's reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 4 weeks, the party not affected may end this agreement by giving 14 days' written notice to the affected party.

We can transfer our rights and obligations under this agreement We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with (transfer) any or all of our rights and obligations under this agreement.

What if you want to transfer rights and obligations under this agreement You need to get our consent before you can transfer any of your rights and obligations under this agreement. You need our consent to using subcontractors to fulfil orders.

How we and you must protect each other's confidential information Neither you nor we (the recipient) shall at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other (the discloser), except:

• To the recipient's employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the recipient's rights or carrying out its obligations under or in connection with this agreement. The recipient shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the discloser's confidential information comply with this clause;
• As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

The recipient shall not use the discloser's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

Neither we nor you are bound by anything said but not included in this agreement This agreement constitutes the entire agreement between you and us in relation to our services. Both you and we acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement, save that we rely on such information as you make available to us about you or your services prior to or during your application to join CanCan. Neither you nor we shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Informal changes to this agreement are not valid Except for changes made as described in clause 9, no variation of this agreement shall be effective unless it is in writing and signed by you and us (such signature may take place by you agreeing to a notice or change we make available to you via the Platform and/or in writing, including by email).

You and we can only waive our rights under this agreement in writing A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

Invalidity of part of this agreement doesn't affect the rest of it If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

Only you and we have rights under this agreement This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. Neither you nor we require the consent of any other person to rescind or vary this agreement.