We have rewritten the General Terms and Conditions so they are easier to understand. You will find these new Terms and Conditions below. Please familiarize yourself with them.
Use of the HIREMATE applications and the different services proposed on the applications will presuppose that you have read and understood the aforementioned General Terms of Use and that you have accepted them accordingly.
We’re of course available for any questions.
Thank you,
“Account” means the personal user Services account;
“Application” means HIREMATE’s mobile applications provided as part of the Services;
“Charges” means (i) the Rates and (ii) the Supplementary Charges;
“Consumer” means any natural person who uses the Third Party Services through the use of the Application and/or the Website for other purposes than his or her professional activities;
“Promo Codes” means promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or Third Party Services, subject to any additional terms that HIREMATE establishes on a per promotional code basis;
“Rates” means the price that applies for the Third Party Services, expressly communicated to You on the Application and/or the Website at the time of the validation of the corresponding order;
“Services” means access or use by You from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of the Application, Website, content, products, and services made available by HIREMATE;
“Terms” means these terms of use;
“Third Party Providers” means independent third party providers including without limitation third party providers in the field of hire industry, logistic and associated services offering their services through the Application and/or the Website;
“HIREMATE” means HIREMATE Limited, a private limited liability company established in Ireland, having its offices at 18 Upper Mount Street, Dublin 2, Company register number 629831
“Third Party Services” means services provided by Third Party Providers to You through the use of the Services;
“User Content” means textual, audio, and/or visual content and information, including commentary and feedback related to the Services or the Third Party Services, initiation of support requests, and submission of entries for competitions and promotions;
“Supplementary Charges” shall mean the fees that may be due in addition to the Rates that apply for the Third Party Services, should You notably fail to fulfill Your obligations to Third Party Providers as further described herein. Supplementary Charges are added to Your Rate as relevant;
“You” means any individual and/or Corporate Profile accessing and/or using the Services including Consumers;
"Website" shall mean https://hiremate.com or any other website operated by HIREMATE as part of the Services.
These Terms govern the Services made available by HIREMATE to You.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services are subject to these Terms, which You must read and agree to prior to Your access and use of the Services. Your agreement to these Terms establishes a contractual relationship between You and HIREMATE. If You do not agree to these Terms, You may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with You and HIREMATE.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to You in the Application and/or Website as relevant, in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services, after having been read and agreed to by You. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
HIREMATE may amend these Terms from time to time. Amendments will be communicated to You. When accessing or using the Services You will consent to be bound by the Terms, as amended at the time You use the Services. You acknowledge that You are and remain free at all time to use or not to use the Services.
The collection and use by HIREMATE of personal information in connection with the Services are as provided in HIREMATE’s Privacy Policy located at https://hiremate.com/legal/privacy. HIREMATE may provide to a claims processor or an insurer any necessary information (including Your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving You and a Third Party Provider whose Third Party Services are offered through the Application and/or the Website and such information or data is necessary to resolve the complaint, dispute or conflict.
The Services constitute a technology platform that enables users of the Application and/or the Website to arrange and order Third Party Services such as hire industry, logistic and associated services with Third Party Providers. Unless otherwise agreed by HIREMATE in a separate written agreement with You, the Services are made available solely for Your personal (as a Consumer or for the purpose of Your professional activities) but noncommercial use. You acknowledge that HIREMATE does not provide the Third Party Services including the associated or function as a plant and machinery provider and that all such Third Party Services are provided by Third Party Providers who are not employed by HIREMATE.
Subject to Your compliance with these Terms, HIREMATE grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Application and/or the Website on Your personal device solely in connection with Your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Your personal (as a Consumer or for the purpose of Your professional activities) but noncommercial use. Any rights not expressly granted herein are reserved by HIREMATE and HIREMATE’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by HIREMATE; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You acknowledge that portions of the Services may be made available under HIREMATE’s various brands or request options associated with Third Party Services, including without limitation the Hire request brands referred to as “HIREMATE,” “HIREMATE RED,” “HIREMATE - HIRE ANYTHING, ANYWHERE;” ANY BRANDS YOU MAY WISH TO REGISTER FOR OTHER COUNTRIES or affiliated services – future proof clause.
The Services may be made available or accessed in connection with third party services and content (including advertising) that HIREMATE does not control. You acknowledge that different terms of use and privacy policies may apply to Your use of such third party services and content. HIREMATE does not endorse such third party services and content and in no event shall HIREMATE be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to these Terms if You access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
The Services and all rights therein are and shall remain HIREMATE’s property or the property of HIREMATE’s licensors. Neither these Terms nor Your use of the Services convey or grant to You any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner HIREMATE’s company names, logos, product and service names, trademarks or services marks or those of HIREMATE’s licensors.
In order to use most aspects of the Services, You must register for and maintain an Account. You must be at least 18 years of age, or the age of legal majority in Your jurisdiction (if different than 18), to obtain an Account. Account registration requires You to submit to HIREMATE certain personal information, such as Your name, address, mobile phone number and age. To the extent that cash payments would not be available for the relevant Service or Third Party Service at stake, You may also be required to submit at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in Your Account. You are responsible for the security and secrecy of Your Account username and password. Unless otherwise permitted by HIREMATE in writing, You may only possess one Account.
You may not authorize third parties to use Your Account. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and You may only use the Services for lawful purposes. You will not, in Your use of the Services, cause nuisance, annoyance, inconvenience, property damage, or engage in any other unlawful conduct, whether to the Third Party Provider or any other party. In certain instances You may be asked to provide proof of identity to access or use the Services, and You agree that You may be denied access to or use of the Services if You refuse to provide proof of identity.
By creating an Account and as provided in HIREMATE’s Privacy Policy located at https://hiremate.com/legal/privacy. You agree that the Services may send You text (SMS) messages as part of the normal business operation of Your use of the Services. You may opt-out of receiving text (SMS) messages from HIREMATE at any time by following the directions found at https://hiremate.com/unsubscribe You acknowledge that opting out of receiving text (SMS) messages may impact Your use of the Services.
HIREMATE may, in HIREMATE’s sole discretion, create Promo Codes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by HIREMATE; (iii) may be disabled by HIREMATE at any time for any reason without liability to HIREMATE; (iv) may only be used pursuant to the specific terms that HIREMATE establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to Your use. HIREMATE reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by You or any other user in the event that HIREMATE determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
HIREMATE may, in HIREMATE’s sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to HIREMATE User Content through the Services. Any User Content provided by You remains Your property. However, by providing User Content to HIREMATE, You grant HIREMATE a worldwide, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and HIREMATE’s business and on third-party sites and services), for the duration of such rights, without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases necessary to grant HIREMATE the license to the User Content as set forth above; and (ii) neither the User Content nor Your submission, uploading, publishing or otherwise making available of such User Content nor HIREMATE’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, whether or not such material may be protected by law. Should HIREMATE be informed of such User Content, HIREMATE is entitled to review, monitor, or remove such User Content.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if You access or use the Services from a wireless-enabled device and You shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Application and/or the Website and any updates thereto. HIREMATE does not guarantee that the Services, any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The Services are provided by HIREMATE to You free of charge. HIREMATE reserves the right to introduce a fee for the provision of the Services. If HIREMATE decides to introduce such a fee, HIREMATE will inform You accordingly and allow You to either continue or terminate Your access to the Services through the Application and/or the Website, at Your option. You understand that use of the Services may result in Charges to You for the Third Party Services You receive from a Third Party Provider. By ordering Third Party Services through the use of the Services, You are deemed to have accepted to pay the Charges for such Third Party Service You requested, as communicated and described to You on the Application and/or the Website as relevant prior to Your order.
The payment structure described in this Section 4 is intended to fully compensate the Third Party Provider for the Third Party Services provided.
As between You and HIREMATE, You acknowledge and agree that Charges may be established, removed and/or revised for any or all Third Party Services as set forth herein, being agreed that applicable Charges are those in force at the time Your order of the Third Party Services is definitely placed in the Application and/or the Website through the use of the Services.
HIREMATE or an HIREMATE affiliate may facilitate payments of Charges to Third Party Services that You have ordered through the Application and/or the Website as limited payment collection agent for the relevant Third Party Providers. Payment of the Charges in such manner shall be considered the same as payment made directly by You to the Third Party Provider.
All Charges are due immediately and payment will be facilitated by HIREMATE as the case may be using the preferred payment method designated in Your Account, after which HIREMATE will send You a receipt by email. If Your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, You agree that HIREMATE or its affiliate may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in Your Account, if available.
Charges will be inclusive of applicable taxes including VAT where required by law.
Charges paid by You are final and non-refundable, unless otherwise provided in these Terms or decided otherwise by the Third Party Provider.
You retain the right to request lower Charges from a Third Party Provider for Third Party Services provided to You, at the time You receive such Third Party Services. HIREMATE will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular Third Party Service.
The Rates that apply for the Third Party Services provided by a Third Party Provider can be found on the Application and/or the Website as relevant. These may be modified or updated from time to time. As part of Your booking request and depending on the Third Party Service and/or location at stake, the Application and/or the Website will provide You with the Rates or an estimate of the Rates You will be charged for the provision of the Third Party Services.
The Rates may take into account, without limitation and depending on the Third Party Service ordered, the distance, the duration of the Third Party Service, the territory where the Third Party Services are provided, any peak pricing or any changes agreed with the Third Party Provider. You acknowledge and agree in particular that Rates applicable upon booking in certain geographical areas may increase substantially during times of high demand. It is Your responsibility to remain informed about the current Rates. Changes to Your order and/or the performance of the relevant Third Party Service as originally ordered may result in a revision of the Rates.
Supplementary Charge(s) may apply to You in connection with the Third Party Services, as detailed in the Application and/or the Website. The amount of each Supplementary Charge is provided in the Application and/or the Website as relevant, and available at the time of the validation of the corresponding order. Supplementary Charges will be charged to You using the payment method that You chose with regards to Your order.
Supplementary Charges may notably include overtime, out of hours pay or other fees as incurred by Third Party Providers in relation to the performance of the relevant Third Party Service that You ordered, and the following:
If You make the Third Party Provider wait before the start or during the performance of the Third Party Services beyond the relevant period of time indicated as being free of charge in the Application and/or the Website, HIREMATE may charge You a waiting fee on behalf of the Third Party Provider.
Regarding the nature of the Third Party Services, You acknowledge as a Consumer that You have no right of withdrawal in connection with the Third Party Services. However, as a commercial gesture, HIREMATE may offer You the possibility to cancel the ordered Third Party Service, in which case HIREMATE may charge You a cancellation fee on behalf of the Third Party Provider. The modalities and amount of such cancellation fee are communicated to You in the Application and/or the Website as relevant, and available at the time of the validation of the corresponding order.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider property resulting from use of the Third Party Services under Your Account in excess of normal “wear and tear”. In the event that a Third Party Provider reports the need for repair following Your use of the relevant Third Party Service offered by such Third Party Provider, and such repair or damage request is reasonably verified by HIREMATE, HIREMATE may charge You a fee on behalf of the Third Party Provider.
HIREMATE may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Third Party Services obtained through the use of the Services, and You agree that such promotional offers and discounts, unless also made available to You, shall have no bearing on Your use of the Services, the Third Party Services and/or the Charges applied to You.
The limitations and disclaimer in the sections 5.1 and 5.2 below do not purport to limit liability of HIREMATE or alter Your rights as a Consumer that cannot be excluded under applicable law.
You agree that HIREMATE is a technology platform and that HIREMATE does not provide the Third Party Services ordered through the use of the Services. As a result, HIREMATE’s liability is limited to the accessibility, content, use and proper functioning of the Services.
The Services are provided “as is” and “as available.” HIREMATE disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, HIREMATE makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or the Third Party Services or that the Services will be uninterrupted or error-free. HIREMATE does not guarantee the quality, suitability, safety or ability of Third Party Providers. You agree that the entire risk arising out of Your use of the Services or the Third Party Services remains solely with You, to the maximum extent permitted under applicable law or except as set forth hereunder.
HIREMATE shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with or otherwise resulting from any use of the Services, even if HIREMATE has been advised of the possibility of such damages. HIREMATE shall not be liable for any damages, liability or losses arising out of: (i) Your use of or reliance on the Services or Your inability to access or use the Services; or (ii) any transaction or relationship between You and any Third Party Provider, even if HIREMATE has been advised of the possibility of such damages. HIREMATE shall not be liable for delay or failure in performance resulting from causes beyond HIREMATE’s reasonable control.
HIREMATE shall sustain no such strict and several liability (whether in whole or in part) in case of non-performance or improper performance of the relevant hire services when such non-performance or improper performance is attributable to You, or where such non-performance or improper performance results from an unpredictable and insurmountable cause due to a third party to the provision of the hire services, or in case of force majeure.
It is Your responsibility to take all appropriate measures to protect Your electronic equipment and the data stored on Your equipment from any damage caused by using internet.
You are liable for any damage suffered by HIREMATE as a result of Your violation of these Terms, the use You made of the Services, the use by HIREMATE of Your User Content, a violation of the rights of any third-party, including the Third Party Providers.
You agree to indemnify and hold HIREMATE and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) Your use of the Services or Third Party Services obtained through Your use of the Services; (ii) Your breach or violation of any of these Terms; (iii) HIREMATE’s use of Your User Content; or (iv) Your violation of the rights of any third party, including Third Party Providers.
You acknowledge that You are free at all times to use the Application, the Website and/or the Services or not. You and HIREMATE may terminate these Terms or any Services, if the other party violates the provisions of these Terms. When HIREMATE terminates these Terms, You remain responsible for the payment of the Third Party Services provided to You through the use of the Services until termination. Furthermore, HIREMATE may generally cease offering or deny access to the Services or any portion thereof if You fraudulently use Your Account or the associated Services, or if You fail to maintain accurate, complete, and up-to-date Account information, including but not limited to You having an invalid or expired payment method on file. In particular, if HIREMATE is unsuccessful in charging to Your payment method on file the Charges that are due, HIREMATE may suspend or remove all or part of Your access to the Service until the amount concerned is unpaid.
HIREMATE makes available to users acting as Consumers a mediation scheme for consumer disputes relating to the Services offered by HIREMATE in Ireland or to the present Terms with a view to their amicable resolution.
In accordance with the Sale of Goods and Supply of Services Act 1980, any dispute of a contractual nature concerning the performance of a sale agreement and/or service agreement by HIREMATE which could not have been resolved in the context of a complaint previously submitted to HIREMATE’s customer service, consumers may resort to the above described mediation.
Also as part of the mediation scheme offered by HIREMATE, eligible Consumers can also submit their complaints relative to the Services or these Terms via the European dispute resolution platform available online by the European Commission, accessible here, pursuant to the Regulation (EU) No 524 / 2013 of 21 May 2013.
Should the mediation fail, the dispute proceeding as described below shall apply.
The stipulations of this article do not derogate from the Irish legal rules relating to Consumers. When applicable, such imperative rules shall govern and construe these Terms to the extent relevant and any dispute will be referred to and may be finally resolved by the Irish Courts.
Claims of copyright infringement should be sent to HIREMATE’s designated agent. Please visit HIREMATE’s web page at https://hiremate.com/legal for the designated address and additional information.
HIREMATE may give notice by means of a general notice on the Services, electronic mail to Your email address in Your Account, or by written communication sent to Your address as set forth in Your Account. You may give notice to HIREMATE by written communication to HIREMATE's address at 18 Upper Mount Street, Dublin 2
You may not assign or transfer these Terms in whole or in part without HIREMATE’s prior written approval. You give Your approval to HIREMATE for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of HIREMATE’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between You, HIREMATE or any Third Party Provider as a result of the contract between You and HIREMATE or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected unless the illegal, invalid or unenforceable provision was essential and a prerequisite to Your acceptance of the Terms. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”