Last updated: June 15, 2024
These Terms and Conditions govern the facilitation Services that GardenMaintenance.ie will make available to you and are in addition to any website terms of use that apply from time to time, to your use of the Website (as defined below). These Terms and Conditions (also, “Agreement”) contain important information about your legal rights and obligations and is a legally binding agreement between you (“you”, the “Customer”), and GardenMaintenance.ie (“we”, “us”, “GardenMaintenance.ie”).
You should read these Terms and Conditions carefully before using our GardenMaintenance.ie Website, as by using our Platform and Facilitation Services, and by clicking accept when prompted to the Website, you agree to be bound by all agreements which constitute GardenMaintenance.ie’s Terms and Conditions and Privacy Policy, and that you will comply with them.
If you want to use our Website, you must first read and agree to this Agreement. If you do not understand this Agreement or you do not agree to all of its terms and conditions, you may not use our Website or engage with our Services. If you are using our Facilitation Services on behalf of a business or a legal entity, you may only do so if you have authority to agree to the Terms of Service on behalf of that business or legal entity.
You may only use the Website if you are at least 18 years old.
About us
We, GardenMaintenance.ie (“we”, “us”, “GardenMaintenance.ie”) make the Facilitation Services available to you via the Website.
1.Definitions and Interpretation
1.1.In these Terms and Conditions, the following words and expressions have the following meanings:
| “Request” | a request from a Customer as referred to in clause 2.2 below; |
| “the Customer” / “you” | businesses and consumers who use the Website to request a Professional who can provide the professional services they require; |
| “Customer Contract” | the contract between the Professional and the Customer for the provision of the Services; |
| “the Facilitation Services” | the identification of relevant Professionals and the provision by GardenMaintenance.ie, of a Professional’s contact details, as set out in clause 2.5; |
| “the Professional” | means the person offering their professional services to Customers; |
| “the Services” | the professional services provided by a Professional to a Customer; |
| “the Website” | means GardenMaintenance.ie |
2.The Facilitation Services
2.1.GardenMaintenance.ie operates the Website which has been established to facilitate connections between potential Customers and Frofessionals for the provision of garden maintenance services.
2.2.Customers will be able to submit an inquiry via the Website to be connected with potential professionals, and the Website owner(s) will identify professionals who may be able to meet the Customer’s requirements. We call Customer requests “Requests”, and each request may result in us putting Professionals in contact with you who may be able to fulfil the criteria you have provided.
2.3.To use the Facilitation Services, you will be required to accept these Terms and Conditions on submitting a Request, and an agreement will be formed between you and us for the provision of the Facilitation Services at that point. You will need to enter into a separate contract with any Professionals you wish to instruct to provide you with Services. See below for more information.
2.4.When you submit your Request, you allow us to verify your contact details and location at our discretion. If the contact details are incorrect, inoperative or disabled, or if the IP address associated with the request does not match the location of the service requested or falls outside GardenMaintenance.ie’s operation area, your request may be rejected.
2.5.When your Request is verified, we may share your contact details with Professionals so that they may make contact to discuss your Request. There is no guarantee that Professionals will make contact.
2.6.You will be entitled to review the information you receive from the Professionals, and may or may not decide to engage a Professional to provide the Services you require. We cannot in any way endorse or confirm that the Professionals identified as a result of the Facilitation Service we offer are able to fulfil your requirements, and it will be your sole responsibility to engage with the Professional to establish whether they can meet your requirements prior to you entering into a Customer Contract. We do not vet or vouch for the services of any Professional and you must enter into your own due diligence prior to engaging with their Services.
2.7.If you do engage a Professional to provide the Services, you will become a customer of the Professional and will enter into a Customer Contract with them. For the avoidance of doubt, the Services are provided to you by the Professional, and not by GardenMaintenance.ie. GardenMaintenance.ie is not a party to any Customer Contract and under no circumstances will any such contract create an employment or any other service relationship between GardenMaintenance.ie and any Customer.
2.8.GardenMaintenance.ie will share details of the Customer with the Professional so they may make contact with the Customer. These details include one or more of the following: Customer name, email, phone number, address (where applicable).
2.9 .GardenMaintenance.ie has no influence or control whatsoever over the information contained on the Professional’s website (if applicable) and accepts no liability for its content. The content of such third-party websites is the responsibility of the respective Professional. You must contract directly with the Professional for any Services you require from them.
2.11. The Facilitation Services shall be provided to you at no cost.
Important:
GardenMaintenance.ie acts only as a facilitator of the introductions referred to above, and the provision of any Services by a Professional to a Customer will be subject to an entirely separate legal contract. If there are any issues with performance of those Services by the Professional, you will have legal rights of redress against the Professional directly, and not against GardenMaintenance.ie.
3.Ending our contract
3.1 .As GardenMaintenance.ie is not a party to any Customer Contract, the termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Customer Contract you may have with a Professional.
3.3.
We may revoke or limit your access to the Services, deny your registration, or revoke your access to the Website and refuse to provide any or all Facilitation Services to you if:
3.3.1.
you breach any terms and conditions of this Agreement;
3.3.2.
we have reason to believe that you have provided false or misleading information to us;
3.3.3.
we conclude that your actions may cause legal liability for you or others; may be contrary to the interests of the Website or the user’s community; or may involve illicit or illegal activity;
3.3.4.
we are required to by law, legal process, or law enforcement.
5.Data Protection
Please see our Privacy Policy for more information on how your personal information will be used.
6.Liability
6.1.As provided for in Clause 2 above, you acknowledge that the contract for the provision of the Services is between you and the Professional. You agree that GardenMaintenance.ie does not vet, supervise, direct, control, or monitor the Professional in the performance of any contractual obligations. It is the Professional who is responsible for the provision of the Services to you.
6.2.GardenMaintenance.ie shall have no liability to you whatsoever in respect of the provision of the Services and/or your dealings with any of the Professionals with whom you engage. This means that any error or delay in the performance of the Services, any breach of obligations, and any fraudulent misrepresentation made by a Professional, is the full and complete responsibility of each Professional.
6.3.You further acknowledge and agree that you are solely responsible for evaluating and determining the suitability of any Professional, for assessing whether to enter into a Customer Contract and, for verifying any information concerning the Professional.
6.4.We accept no liability for the information contained on any third-party websites linked to on our Website and we won’t be liable for any loss or damage that may arise from your use of them. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Facilitation Services. In particular, we will not be liable for:
6.8.1
loss of profits, sales, business, or revenue;
6.8.2
business interruption;
6.8.3
loss of anticipated savings;
6.8.4
loss of business opportunity, goodwill or reputation; or
6.8.5
any indirect or consequential loss or damage.
6.9. In recognition of the fact that GardenMaintenance.ie is not a party to any contract between Customers and Professionals, you hereby release us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with a Professional that exist as of the time you enter into this Agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided and requests for refunds based upon disputes. In addition, nothing on this Website should be taken to represent or reflect any of the Professionals that make contact through the Facilitation Services in any form. Website content is provided for general information purposes only.
6.10.The Customer shall defend, indemnify and hold harmless the owner(s) of GardenMaintenance.ie and its respective directors, officers, employees, and representatives against claims, actions, proceedings, losses (including all direct, indirect and consequential losses), damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer’s use of the Facilitation Services.
6.11. In the event of a dispute between a Customer and a Professional, the dispute(s) should be referred to mediation as a form of ADR (alternative dispute resolution) and not to court.
6.12. All content provided on the Website is for general information and guidance purposes only and does not represent or reflect the Services of any Professional who may make contact with a potential Customer. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
7.General provisions
7.1.We reserve the right to make changes to these Terms and Conditions from time to time. You should therefore check these Terms of Conditions whenever you return to our Website to see whether any changes have been made, as these will be binding on you. We will endeavour to alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms and Conditions are posted.
7.2.We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.
7.3.You need our consent to transfer any rights you have under our Terms and Conditions to someone else. No other assignments are valid without our prior consent, which may be requested via our Contact page. Any other attempted transfer or assignment will be null and void.
7.4.This Agreement does not grant any rights to anyone else. Its provisions are between you and us and cannot be enforced by any third party.
7.5.To the extent any provision of this Agreement is held illegal, invalid, or unenforceable, in whole or in part under applicable law, its illegality, invalidity or unenforceability will not affect the other provisions, which will continue in effect. Each of the paragraphs of these Terms and Conditions operates separately.
7.6.Even if we delay in enforcing these Terms and Conditions, we can still enforce them later.
7.7 These Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by law and will be subject to the non-exclusive jurisdiction of the courts of the Republic Of Ireland.