This page (together with the documents referred to on it) tells you the terms and conditions (Terms) on which we provide our resource services platform via access to and use of our website hosted at www.planthiresupermarket.com to individuals or companies resourcing equipment or services.
Please read these Terms carefully before using Services or other material available from our site. You should understand that by using any of our Services, you agree to be bound by these Terms, to the exclusion of any other terms and conditions.
You may also wish to print a copy of these Terms for future reference but if you do, bear in mind that they are liable to change from time to time and the copy you have printed may become out-of-date.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to use any Services from our site.
1.1 Plant Hire Supermarket is a resource centre to allow the location of services to be accessed nationally.
1.2 Plant Hire Supermarket (we, us, our) is a company registered in England under number 7431363 and whose registered office is at 92 Branstone Grove. Ossett, West Yorkshire, WF5 9SU. This is also our trading address and the address you should use for normal correspondence.
1.3 The website hosted at www.planthiresupermarket.com (Site) is a site operated by Dave G Services Ltd. This is our main portal site, but these terms also apply to services we apply to our other websites.
2.1 By using our site and the Services, you warrant that:
a) You are legally capable of entering into binding contracts (i.e. you’re in a position to legally sign and agree to this contract and that you’re 18 years of age or older and are not suffering from any condition which may affect decisions made in this agreement or use of the site) ; and
b) You will use our site only for the purpose of using and accessing Services.
3.1When you register for our Services, you will be provided with a username and password. You can change the password whenever you want. You undertake:
a) To maintain the confidentiality of your password and not to disclose it to any third party;
b) Not to use the username or password of another Client;
c) Not to transfer your account or username to another party;
d) Not to sell the details to another party; and
e) To respect the copyright in materials within our site, which remains our property or those of our licensors, as applicable.
3.2 Once you have provided us with the information we request (which you confirm to be true, accurate and up-to-date) we will grant you access to our Service. We will then review your content, before it is made public to any prospective supplier or customer.
3.3 You should only register with us if you intend to carryout any further agreement made between you and other parties after using this service.
3.4 We will use the content that you provide to try to find a suitable supplier for the relevant equipment or service which you have requested through the site. You give us permission to pass your details onto any prospective supplier who are registered with us. We cannot guarantee that we will succeed in finding you what you have requested in your selection but potential suppliers may offer alternatives to your request which you and they have to agree on after using the site.
3.5The nature of services is that their precise detail may vary somewhat from the description we have provided.
4.1You make an offer to us to engage us in the provision of the Services when you:
a) Accept these Terms on our site;
b) Upload all details required for the provision by us of the Services.
4.2A contract in relation to the provision of the Services (Contract) will be formed between you and us on the basis of these Terms when you check the ‘I Accept’ box at the end of these Terms. We will then email you with confirmation of our acceptance of our offer to engage us in the provision of the Services. Certain ancillary services arranged by us on your behalf may be supplied by third parties and will be subject to the terms and conditions applied by those third party providers.
4.3We are not registered with the Financial Services Authority (FSA) , so are not in a position to provide financial advice or to sell financial products. However, we strongly recommend that you arrange a suitable insurance policy before entering into any agreement with other parties. You are responsible for choosing your insurance policy and you must check the terms of the cover provided.
4.4The Services shall consist of:
a) The location of suitable equipment or services that you requested in your submission dependent on availability.
b) The exchange of contact details as per our terms and conditions.
c) The supply of ancillary services such as, without limitation and as available for time to time, a referral to a recommended supplier and other services, as necessary during the use and as described in more detail on our Site.
4.5We may at any time, without notifying you, make any changes to the Services that are necessary to comply with any applicable safety or other statutory requirements whether in the UK or in the jurisdiction where the internship is to take place or which do not materially affect the nature and quality of the Services.
4.6 We cannot guarantee continuous or secure access to our Site and we give no representations or warranties (whether express or implied) about the availability of our Site.
5.1Registration with and use of our Site is set out in our price guide which is subject to change at the discretion of Plant Hire Supermarket.
5.2In registering with Plant Hire Supermarket you agree to have sufficient funds available for the subscription and finder fee at the current price. All fees are arranged by direct debit from your preferred source, either bank or via paypal services. All fees are plus VAT at the current standard rate. Subscription period is strictly on a 12 month basis unless agreed with Plant Hire Supermarket.
6.1For the purposes of this clause and the following clauses:
a) Site Content means all content on our site available through the Services, including our databases;
b) IPRs means all intellectual property rights including without limitation rights of confidence, copyright, registered and unregistered trade marks and trade names, database rights, patents, registered and unregistered design rights and all other intellectual property and proprietary rights, powers and benefits, including the right to register, transfer, licence and assign;
6.2 All IPRs in the Site Content belong to us. You are allowed to use the Site Content only in relation to the Services and none of the Site Content is provided exclusively to you.
6.3 Neither you nor anyone acting on your behalf may republish or circulate the Site Content or otherwise make it available to the public without our written consent in advance of such an act and we may terminate all ongoing Contracts and all permission to you under this clause if you do so or attempt to do so.
6.4 You consent to our use of feedback received from you during you use of the services without prior consent for the purpose of marketing our services to third parties or the public at large via our website or in print in future. Unless you permit to the contrary, we shall not identify you in so doing other than to provide your name in order to support any quotation used.
6.5 You consent to use the site and relevant contact details as set out in the terms and conditions and to comply with data protection law yourself and as such will not pass on any entered details to any other party other than the requirements of fulfilling the contract between customer and supplier beyond the use of this web service.
7.1We have the right to terminate the Contract and the permission we have given you to use the Site Content and/or suspend or disable any username or password, whether chosen by you or allocated by us, at any time, if, in our sole opinion, you have failed to comply with any of the provisions of these Terms or of any Contract.
7.2 If you do not log onto our Site for an extended period of time (usually around 3 months) then we have the right to make your profile dormant, which will mean that it is no longer available to customers. If you decide to look for a further services or equipment and log back into our Site and update your profile, your profile will be taken off our dormant list and made visible to employers once again providing it is within the paid subscription period.
8.1Save where expressly provided to the contrary in these Terms, we shall not be liable to you by reason of:
(a) Any misrepresentation (unless fraudulent) ;
(b) The breach of any implied warranty, condition or other term;
(c) The breach of any duty at common law;
(d) The breach of these Terms; and/or
(e) The breach of any Contract
for any loss of profit, reputation, opportunity, goodwill, business or anticipated savings or any indirect, special or consequential loss, damages, costs, expenses or other claims (whether caused by the negligence of us, our servants or agents or otherwise) which arise out of or in connection with the provision, late provision of or failure to provide the Services and/or their use by you.
8.2 We will not be liable to find you such services or equipment in the event that the equipment or service is not supplied, does not operate or does not meet regulatory laws governing it.
8.3 We cannot guarantee that the equipment will be as described in our website in any way shape or form. Pictures used on the website are for description only and as such should not be taken as what your expectations are. You should confirm with supplier or customer that you will receive the expected quality of goods and services before entering any agreement with other parties following the use of the web site. we will not be liable to find you other equipment.
8.4 You acknowledge that we are not responsible for your health and safety during your placement. When you engage in activities during your contract such as, without limitation, driving vehicles or equipment or manual duties you do so at your own risk.
8.5 You acknowledge that as long as any advice and suggestions we make regarding equipment or services are given in good faith, we will not be liable for any loss or damage that you suffer as a result of following that advice or those suggestions.
8.6We will not be liable for incorrect advice given or advice that you feel should have been given but which was not. You accept that it is up to you to verify for yourself the advice we give or suggestions we make and to make your own informed decisions based upon your research.
8.7 The limitation of our liability in this clause 8 does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.1You will indemnify us in full and on demand against any loss, liability, claim, demand, damages, costs and expenses (including legal and other professional expenses on an indemnity basis) arising out of or in connection with:
(a) Your use of the Services;
(b) Any breach by you of the Contract, of these Terms or of any applicable law; and/or
(c) Any infringement by you of the rights of any third party for which we are made liable or in respect of which we are required to take action (such as hiring lawyers).
9.2 You acknowledge that it is your responsibility to ensure that contracts between you and other parties are legally binding and in no way refer to the services of Plant Hire Supermarket.
9.3 You further acknowledge that it is your responsibility to ensure that all correspondence after the use of the website is communicated outside of our services and as such we will not be responsible for incorrect information passed on.
9.4 You further acknowledge that it is your responsibility to ensure that correct information is used in completing the request and that Plant Hire Supermarket has no connection in contract with any party outside the use of the web site or beyond its use.
9.5 You further acknowledge that it is your responsibility to ensure that you protect us from third party access to the services provided by us by way of computer hacking or spam emailing to any persons in any contract with us.
10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic.
10.2 We will contact you at our discretion by SMS text message, email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.1 All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the SMS text message number, email or postal address you provide to us when registering with us, or in any of the ways specified in clause 10 above.
11.2 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email or SMS text message is sent, or three days after the date of posting of any letter.
11.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee, and in the case of an SMS text message, that such SMS text message was sent to the specified SMS text message number of the addressee.
12.1 Each Contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Major Event).
13.2 A Force Major Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Default of third party suppliers or subcontractors;
(c) Where you have requested delivery of Deliverables by text message, the failure of a text message provider to deliver a text message (other than a failure due to non-payment by us of the text message fee) ;
(d) Public or private telecommunications network failure;
(e) Email delivery system failure;
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in a manner provided for under these Terms.
15.1 If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.1 These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 The following documents are part of these Terms:
16.3 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
16.4 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
17.1We have the right to revise and amend these Terms from time to time. When we do amend or revise these Terms, we will notify you of the changes by email or by posting a notice explaining what we have done on the Site.
17.2 Where we are required to make changes to our policies, terms and conditions or other documents by law, you will be subject to those changes even if they are made after you have registered to use our Services. Apart from that, your registration is subject to the policies and terms and conditions in force at the time that you registered and were accepted by us.
18.1 A person who is not party to a Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
19.1 All Contracts made under these Terms are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
These documents must not be copied or altered. ©