TERMS & CONDITIONS OF USE
We, J. G. Martin Plant Hire Limited, a company registered in Scotland under company number SC050785 and with our registered office at 25 Robert Street, Glasgow G51 3HB operate the website www.martinplanthire.co.uk (the "Site"). Our main trading address is 95 Orbiston Street, Motherwell, ML1 1PY. Our VAT number is 262 000 125.
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the Site, whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site.
By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site.
- Introduction
- Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
- From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
- You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use, and that they comply with them.
- Licence
- You are permitted to print and download extracts from the Site for your own use on the following basis:
- no documents or related graphics on the Site are modified in any way;
- no graphics on the Site are used separately from the corresponding text; and
- our status (and that of any identified contributors) as authors of material on our Site must always be acknowledged.
- Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms of use, any use of extracts from the Site other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of these terms of use, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
- You must not use any part of the materials contained on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
- Subject to clause 2.1, no part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- Any rights not expressly granted in these terms of use are reserved.
- Service access
- While we make all reasonable efforts to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.
- Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- Visitor material and conduct
- Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- You are prohibited from posting or transmitting to or from the Site any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, denial of service attacks, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- We will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of our Site.
- You may not misuse the Site (including, without limitation, by hacking).
- We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
- Links to and from other websites
- Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We do not therefore endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
- If you would like to link to the Site, you may only do so in a way that is fair and legal and does not damage our reputation or take advantage of it and on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of our logo;
- you do not create a frame or any other browser or border environment around the Site;
- you do not in any way imply that we are endorsing any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any trade marks displayed on the Site without our express written permission;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringe any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- We expressly reserve the right to revoke the right granted in clause 5.2 for breach of these terms of use and to take any action we deem appropriate.
- You shall fully indemnify us for any loss or damage suffered by us or any of our group companies for breach of clause 5.2.
- Disclaimer
- While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy and completeness of the material on the Site. We may make changes to the material on the Site, or to the products and prices described in it, at any time without notice. The material on the Site may be out of date, and we make no commitment to update such material.
- The material on the Site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms of use, might have effect in relation to the Site. We disclaim all liability and responsibility arising from any reliance placed on such material.
- Liability
- We, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses or other harmful material that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.
- Nothing in these terms of use shall exclude or limit our liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
- fraud;
- misrepresentation as to a fundamental matter;
- any liability which cannot be excluded or limited under applicable law.
- If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
- Variations
- We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.
- Governing law and jurisdiction
- The Scottish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
- These terms of use 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) shall be governed by and construed in accordance with the law of Scotland.