|
WELCOME TO TERMS & CONDITIONS OF USE
These conditions apply to your use of the RentHire website as either a RENTER or a HIRER. If you wish be a RentHirer by placing Ads on this RentHire web site you must read these conditions and accept them. If you do not agree to be bound by these Conditions and the content of our Privacy Policy please do not proceed any further with the use of this web site. If you are concerned we suggest that you also read the Privacy Policy of our company found here.
IN THIS DOCUMENT: "Authorised Staff"' means you and any Staff authorised by you in writing to access the Site and Documentation. “Customer” means anyone who is a Renthirer. “Conditions” means the Conditions herein. “Documentation” means any documentation supplied to you or your Staff by RentHire in connection with the Site. “RentHire” means RentHire International Ltd, its Directors and employees and includes contractors engaged by RentHire International Ltd. “Site” means RentHire.com “Staff” means officers, employees, contractors, subcontractors and agents. “Term” means the period of the license that you have entered into by choosing your desired level of Advertising.
Licence To Use Site:
If RentHire is satisfied that the information contained in your registration is complete, accurate and current, RentHire may grant to you and your Staff a non-exclusive licence (‘The Licence') to access the content of the Site (with respect to advertisers for the Term) otherwise indefinitely, including the text, registration facilities, and the Documentation for the purposes of communicating, and conducting business, with RentHire and through the Site.
On Grant of the License you agree that the following terms and conditions shall apply to the Licence:
A. You agree that the Licence will not be exclusive to you, and that we may license any person, including a business competitor of yours, to use the Site.
B. Your Obligations as an Advertiser regarding use of this site are:
1.That you supervise and control access to, and use of, the Site and Documentation in accordance with these Conditions, including that you take all reasonable steps to restrict access to the Site and Documentation only to Authorised Staff, including without limitation, you will ensure Log-ons and passwords used by yourself and Authorised Staff are kept confidential, and
2. That you keep log-on passwords safe;
3. That you are over 18 years old and that you ensure that the authorised members of your Staff are over 18 years old, and that your authorized Staff receive adequate training in the use of the Site;
4. That your advertisements contain no reference to Excessively vulgar language, obscenity, gambling, pornography or other such material in respect of young persons;
5. That advertisements you place on the Site do not carry messages or information that refers to or relates to racism, hate, or are defamatory, or suggest or incite use of force or attacks against persons, groups or organizations;
6. That, any material placed on the site does not result in Hacking;
7. That Advertisements will not refer to illegal drugs, illegal drug use, and/or illegal drug accessories: breach of this provision will result in immediate removal of the offending material from the site;
8. That you must not (a) Install or attempt to install or place on the Site Pop Ups or (b) Request parties to download a Dialer, or (c) request the user to install a Dialer;
9. That you must not place on the Site any content that (a) Promotes illegal activities or infringes the personal rights of any individual or group (b) Contains any computer viruses, Trojan horses, worms, time bombs, or other programs designed to damage, adversely influence or disrupt the normal operation of or gain control of any computer system, computer program or website.
10. That you:
(a) Must not use any equipment or software when visiting the Site, which could disrupt the normal operation of the Site, nor send data to the Site, which, due to its format or character, would overload the Site’s infrastructure. (b) Agree that the Site is a site for the Rent and Hire of goods and services and that you will not offer in any advertisement on the Site any products or services For Sale. (c) Must not interfere with the workings of the Site, this includes removing anything from it, adding to it, linking it to or from another website, distributing any part of it to a third party.
11. Posting of your material and our publishing of it on the Site must not infringe the rights (including intellectual property rights) of any third party.
12. By posting material to the Site, you grant RentHire a licence to use and sublicense the use of any of the material, however only in accordance with our privacy policy, a copy of which is available at here. This license is exclusive, perpetual, world wide, irrevocable and without Royalty fees of any kind.
FURTHER MATTERS
13. Copyright The text and images contained on the Site are protected by copyright law throughout the world. No part of this site may be reproduced by any process without written permission from RentHire International Ltd. We do grant you the right to download such advertised material as is displayed on our site provided it is strictly for your personal use.
14.
Intellectual Property Rights: You acknowledge that you do not acquire any intellectual property rights in the Site and Documentation, including the RentHire Trademarks or Copyright. You further acknowledge that other 3rd party trademarks displayed on this website belong to their respective owners. You must not during or any time after the expiry or termination of this License, commit or permit any act, which infringes the intellectual property rights of RentHire. If you would like to use our name or logo or any other RentHire intellectual property in any of your material, including, without limitation any material on your web site, you must obtain the prior written consent of RentHire.
15.
Limitation of Liability RentHire International Ltd accepts no responsibility for the accuracy of information or material accessed through the Site. By logging on to the Site, you are deemed to have released and discharged RentHire International Ltd its employees, and its subsidiaries and their employees from all liability howsoever arising and which might arise now or in the future. You will also assume all risks associated with use of the site, including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the RentHire site or your access to it.
16.
You accept that RentHire makes no warranty or representation about the fitness or suitability of any product or service advertised on its website or to any products or services purchased from the advertiser on this website.
17.
RentHire does not accept liability for any direct, indirect or consequential loss arising out of the use of the Site and will not be liable in relation to these the Conditions for any special, indirect, incidental, consequential economic loss or damage of any kind (Including loss of profits, revenue, anticipated savings, opportunity or goodwill) or any loss of, or damage to data. Any 3rd party advertisements, links or hyperlinks or embedded links to such party’s are at your own risk unless they have been expressly endorsed by RentHire in these Terms & Conditions or elsewhere on the site.
18. Further you agree RentHire will not be liable for, and you indemnify and save harmless RentHire and its staff (and RentHire subsidiaries and their staff respectively) in respect of all damages suffered or incurred by RentHire and its staff (and RentHire subsidiaries and their staff respectively) throughout the world as a result of (i) (a). Any breach of these Conditions by you or your Staff; (b). Any actual or alleged infringement of any intellectual property rights by you or your Staff or (c) any unauthorised use of the Site or Documentation or (d) unauthorised access to the Site by you or your Staff (including previous employees or other persons not authorised to access or use our website). (ii) In addition you agree to indemnify RentHire from and against all claims, demand, actions and proceedings howsoever and for whatever purpose that may be made or brought against RentHire by any person or company who claims loss or damage as a result of your use of the RentHire site no matter how they are alleged to have occurred.
(iii) This indemnity shall extend to include all costs, disbursements and expenses including all Legal fees incurred by RentHire in connection with defending any claim, demand action or proceeding anywhere in the world.
Data Protection and Privacy Policy
19. RentHire collates and stores data from all Advertisers and visitors to the Site (we may collect traffic & email addresses and data generally for the purpose of performing its contracts). Our privacy policy sets out how we use and handle your personal information.
20.
RentHire may also share this data with affiliated companies, sister companies and with other carefully selected partners for promotional purposes. RentHire collects your personal information to assist RentHire in providing the goods or services you requested. Also this information is used to inform you when there are special offers or promotions for you to participate in, to process your competition entries, and to improve our site from the feedback that you supply to us.
21.
Otherwise the personal information about you and your Staff we store for the purpose of providing access to the Site is kept very private. To gain access to your personal information that we hold please write to our privacy officer, care of Privacy@RentHire.com. If you would prefer us not to share your personal details, please advise our Privacy Officer as above.
Confidential Information
22. You acknowledge that the content of the Site and the Documentation (the “Confidential Information”) is confidential. You and your staff must take all reasonable steps to safeguard RentHire’s rights of ownership and confidentiality of the Confidential Information whether it is disclosed directly or indirectly to you and/or your staff. You must not disclose any of the Confidential Information to any person unless required by law to do so and not until you have informed RentHire International Ltd. in writing of your obligation to disclose such Confidential Information.
23.
In any other case disclosure is prohibited unless and until you obtain from RentHire its written consent.
Alteration of Conditions and the Site
24. RentHire reserves unto itself the right to make changes to the Conditions and the Site from time to time. You will be advised when new conditions are added. In respect of Site alterations RentHire will not be under any obligation to advise you of these amendments.
General
25.
RentHire will not be responsible for any delay or failure of the Site or the Site’s performance or ability to process the data that is supplied for the purpose of ecommerce at all, and including but not limited to delay or failure resulting from anything unknown to RentHire or beyond its reasonable control and without limitation, acts of omission or deliberate acts carried out by third parties which cause failure of the Site or damage to it or other damage.
Dealing
26.
The Licence may not be dealt with in any way by you (whether by novation, assignment, sub-licensing or any other method) without RentHirers’ prior written consent.
Notice.
27. A party notifying or giving notice under the License must give notice in writing (a) Service on you may be made to the address that you stated as your address when you registered as a RentHirer. Such a notice is deemed to be served if left at the recipient's address, and service is effected on the date of delivery, if sent by prepaid post then 3 days after the date of posting or if sent by fax or email immediately, provided there is no error in transmission. (b) Notice to RentHire may be sent by methods detailed in the Help page to these Conditions. Waiver/Alteration/Amendment
28.
The fact that RentHire fails to do, or delays in doing something RentHire is entitled to do under this document will not amount to a waiver of any right by RentHire under the License. A waiver by RentHire is only effective if it is in writing. Any written waiver by RentHire is only effective in relation to the particular obligation or breach in respect of which it is given. There is no contemplation of an implied waiver of any other obligation or breach to any other occasion.
29.
No purported amendment, alteration of the License or waiver of any right in RentHire under the License will be operative against RentHire unless it is expressly agreed to in writing by a duly authorized representative of RentHire.
Severability
30.
If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way.
31.
If any clause or part of a clause is illegal, or unenforceable then that clause or part is to be treated as removed from the Licence, while the rest of the terms of the License are to remain operative
Termination
32.
RentHire may terminate a Licence granted hereunder immediately on giving written notice to you on the occurrence of any one (or more) of the following events:
(a)You fail to pay within 14 days of the due date, any rental instalment or other payment provided for herein;
(b) You commit any breach as provided by for herein and fail to remedy it promptly after receiving written notice from RentHire;
(c) You suffer execution of a Court Ordered debt recovery process or like document or if you commit an Act of Bankruptcy; or
(d) Being a company you go into or are put into Liquidation or there is any arrangement or composition with creditors or if a Receiver is appointed over any part of the your assets;
(e) If, in the reasonable opinion of RentHire, you are responsible for copying or downloading of programs or data or material from the Site not contemplated by the parties at the time the License was granted;
(f) If at any time you fail to comply with: - (i) Any reasonable instructions or directions given to you by RentHire or its authorized representative(s); (ii) The Conditions; or (iii) Any and all Laws and or regulations of a relevant Country relating to the Customers compliance therewith, and without limitation, operative Privacy Laws, Trade Practices/Anti Trust Laws and /or Consumer protection Laws in a relevant Country
Upon Termination
33. Under this Clause or otherwise, your Account for all rental Instalments shall become due and payable to RentHire without Demand or Notice together with interest at the rate of 12% per annum for each rental instalment over the period for which the date of payment is, by virtue of this clause, brought forward. Procedure on Breach of these conditions as to contents of advertising copy (i) If you fail to comply with these Conditions with respect to the contents of advertising copy, RentHire will require of you to amend the advertising copy so as to comply with these conditions.
(ii) Failure to amend the copy within the time stipulated in the said request will result in removal of the Advertisement from the Site and forfeiture of the contract amount as a measure of the damage suffered by RentHire.
Laws
34.
Your use of the Site, the License and all of our notices will be governed by and construed in accordance with the laws of England and each party submits to the exclusive jurisdiction of the courts of that Country.
Entire Agreement
35. The Conditions together with any order accepted by RentHire in writing constitute the entire agreement between the parties and in regard to the subject matter contained herein and supersedes any prior understanding or agreement between the parties.
This version of these Terms & Conditions is dated 02/06/2006 version 2.1 |