Terms & Conditions

1.0 Introduction

1.1 This Website is owned and operated by grabagardener.com. We are registered in the UK (technically “England & Wales”) under company number 9734529. Our registered office and trading address is 250 South Oak Way, Green Park, Reading, RG2 6UG. Our other contact details are specified on our Website.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Website (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Website in future.
1.3 Where you communicate on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

2.0 Definitions Capitalised terms have the following meanings in these terms and conditions:

2.1 “Booking” means a booking which you make on our Website.
2.2 “Consumer” means a natural person acting outside his or her trade, business or profession.
2.3 “Content” means all information of whatever kind (including information, Service Provider listings, profiles, Reviews), published, stored or sent on or in connection with our Website.
2.4 “Repeat Booking” means a Booking for recurring Services.
2.5 “Review” means any review, comment or rating.
2.6 “Service Provider” means a Service Provider listed on our Website.
2.7 “Services” means gardening services (or landscaping services) supplied or to be supplied by Service Providers.
2.8 “Website” means the services we offer by means of our website but excluding Services, as explained below.
2.9 “User” means a person who uses our Website (whether or not registered with us).
2.10 “Act of God” means an event that directly and exclusively results from the occurrence of natural causes that could not have been prevented by the exercise of foresight or caution; an inevitable accident.
2.11 “Design” means all designs including drawings produced by
us when performing the Services.
2.12 “Proposal” means the written or emailed document(s) that we send to
you for the execution of the Services, which will be agreed by us and you.

3. Very Important:

3.1 We act as a booking platform for Service Providers. The terms and conditions comprise (1) a contract between you and us regarding the use of our Website and (2) a separate direct contract between you and the Service Provider concerned (and not with us) regarding supply of Services to you.
3.2 GAG provides a software platform which allows you to connect with independent Professionals.  GAG is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of GAG for any purpose whatsoever.
3.3 While we may attempt to assist with resolution of any complaint or dispute, you acknowledge that any legal recourse against the Service Provider arising from the Services whether for breach of contract or otherwise is against the Service Provider and not against us, notwithstanding anything to the contrary in this agreement or on our Website.
3.4 We do not accept legal responsibility for any acts or omissions of Service Providers in relation the Services.
3.5 Where we describe Service Providers as “vetted” or similar, we are promising only that we have carried out certain checks as specified on our Website at the time you make a Booking and that those checks did not reveal any cause for concern. You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate. Nor can we guarantee that the Service Providers are otherwise suitable for your purposes. You use Service Providers at your risk.
3.6 These Terms and Conditions do not cover the terms on which we engage our Service Providers. If you are a Service Provider, please check the Service Provider Terms and Conditions provided to you upon signing up with us.

4. Supply of Services

4.1 Your Booking is an offer which is only accepted when we send you an email or Proposal on behalf of one of the selected Service Providers confirming your Booking.
4.2 You agree to treat Service Providers courteously and lawfully. You agree to provide a safe and appropriate working environment for Service Providers in compliance with all applicable laws and regulations and that you will provide reasonable co-operation to Service Providers to enable them to supply Services.
4.3 You agree to communicate any complaints to us and not the Service Provider. You agree to comply with our complaint and other policies on our Website as may be varied from time to time.
4.4 You acknowledge that your nominated Service Provider may be unavailable from time to time e.g. through illness or vacation or leaving our service.
4.5 You agree that during the period of this agreement you will not to book any services from, or engage, any Service Provider other than via our Website. You agree not to engage any Service Provider for 12 months after termination of this agreement.
4.6 For quality control purposes, the Service Provider may take before and after pictures of your property whilst carrying out the Booking. The Service Provider is requested by us to request your verbal permission prior to taking the photographs. On granting verbal permission, you agree that we may use, reproduce, distribute and display the photographs, within the scope of the various functionalities of our website and Services from time to time, including without limitation making them available for sharing with other users and on other online platforms and through other channels for marketing purposes. If you do not want the Service Provider to take photographs, please explicitly state this in the additional comments box when making your Booking.

5. Payment for Services / Cancellation by You

5.1 You must maintain a valid debit / credit card registered on our Website. You must ensure that all contact and payment information (e.g. email address, physical addresses, credit / debit card numbers) which you provide is accurate and not misleading and that you will update it so that it remains so.
5.2 Prices include any applicable VAT or other sales tax unless otherwise stated.
5.3 You must make payment in full in advance for one-off Bookings or for the first Service Provider visit in the case of Repeat Bookings (referred to below as “the Deposit”). For subsequent Repeat Booking visits, you authorise us to charge your credit / debit card after the scheduled end-time for the visit.
5.4 We may at any time change the prices. We will give you notice by email at least 14 days before any price change takes effect. If you do not accept the new fee, you should cancel this agreement as explained below. Otherwise the Services supplied after the expiry of the 14 days notice will be at the new price.
5.5 You can cancel a one off visit or this agreement as a whole via the cancellation process in clause 5.7. There is no charge if you cancel at least 48 hours before the scheduled start time for the Service Provider visit. If so, we will refund the Deposit in the case of a one-off Booking. If you cancel within 48 hours before the scheduled start time for the Service Provider visit, then we will charge the full amount due for the Booking as stated on our Website by charging your credit / debit and you authorise us to charge your card accordingly. If you would like to cancel your subscription (Repeat Booking) we require at least 14 days notice in writing, if sufficient notice is not provided the payment will be taken automatically until the 14 day notice period is completed.
5.6 If there is a no-show and you notify us via our Website within 24 hours after the scheduled start time, then we will at your option provide either a full refund of any payment made for that visit or else use reasonable endeavours to re-arrange the visit. We reserve the right not to make a refund or re-arrange a visit if we are not notified within that 24 hour period.
5.7 If you are a Consumer, you may cancel your one off Booking up to 48 hours prior to the scheduled start time by emailing bookings@grabagardener.com  or any of the other methods specified in the Distance Selling Regulations If you have regular recurring visits, we require 14 days notice in writing to cancel the subscription. Within 30 days of your notice we will refund any advance payment. However, this right of cancellation does not apply once arrangements to provide the service have started – this occurs 48 hours before the time of the first scheduled Service Provider visit – in which case you agree payment will be taken in full.
5.8 If any amount due by you is unpaid, we may:
5.9 charge reasonable additional administration costs; and/or
5.10 charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
5.11 arrange of the supply of Services to be suspended; and/or
5.12 cancel this agreement on written notice (including email).

6. Cancellation by us

6.1 We may at any time without cause cancel any particular Booking or this agreement as a whole including your right to use our Website, giving notice by email to the extent reasonably practicable. If we have to rearrange due to the weather the Deposit is non-refundable. We will offer you alternative dates to carry out the Services.
6.2 Following cancellation of this agreement: Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Website if we have given you notice of cancellation.

7. Changes to the terms and conditions

7.1 We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised agreement if you continue to use our Website or the Services following the effective date shown.

8. Your Content

8.1 You are responsible for your Content.
8.2 You must not publish or send any Content (including links or references to other content) which is threatening, harassing, invasive of privacy, defamatory, offensive, racist, hateful, discriminatory or abusive or which we otherwise consider to be inappropriate;
8.3 If you post a Review, you also promise that it is your independent, honest, genuine opinion.
8.4 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Website and these terms and conditions.
8.5 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
8.6 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
8.7 We reserve the right to irretrievably delete your Content at any time.

9. Content of other Users

9.1 We do not endorse or recommend any reviews by other Users. You rely on such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Reviews.

10. Security

10.1 Your account on our Website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

11. Functioning of our Website

11.1 We cannot guarantee that the Website will be uninterrupted or error-free.
11.2 We are entitled, without notice and without liability, to suspend the Website for repair, maintenance, improvement or other technical reason.

12. Liability

12.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
12.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
12.3 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
12.4 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
12.5 such loss or damage was not reasonably foreseeable by both parties;
12.6 such loss or damage is caused by you, for example by not complying with this agreement; or
12.7 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Website (subject of course to our obligation to mitigate any losses).
12.8 The following clauses apply only if you are not a Consumer:
12.9 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
12.10 Our liability of any kind (including our own negligence) with respect to our Website for any one event or series of related events is limited to £100 or the total fees payable by you in the 12 months before the event(s) complained of, whichever is less.
12.11 In no event (including our own negligence) will we be liable for any:
     a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
     b) loss of goodwill or reputation;
     c) special, indirect or consequential losses; or
     d) damage to or loss of data (even if we have been advised of the possibility of such losses).
12.12 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of this agreement.
12.13 This agreement constitutes the entire agreement between us, you and the Service Providers with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

13. Intellectual property rights

13.1 All trademarks, logos, graphics, images, photographs, animation, videos, text and software used on the Website are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
13.2 For the avoidance of doubt you may not collect, scrape or harvest any Content on our Website or deep-link to or frame Content on our Website without our specific prior written consent.
13.3 You must not circumvent or otherwise interfere with any security related features of the Website or features that limit or prevent copying of Content or which restrict use of Content.
13.4 If you publish any Content on our Website, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our Website. You also grant each User a licence to use your Content to the extent permitted by the functionality of the Website and these terms and conditions.
13.5 The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Services will belong to us absolutely.
13.6 We will grant you a non-exclusive, perpetual, non-transferable and
personal licence to use the Designs for your own internal business or residential purposes at the location set out in the Proposal, but for no other purpose. You may not allow any third party to use any of those Designs; use those Designs on behalf of or for the benefit of any third party; sub-license the use of the whole or any part of those Designs; or transfer them to anyone else without our prior written permission.

14. Privacy

14.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

15. Third party websites

15.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.

16. Act of God

16.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control, Act of God, including third party telecommunication failures.

17.Transfer

17.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

18. English law

18.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

19. General

19.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

20. Complaints

20.1 If you have any complaints, please contact us via the contact details shown on our Website or email bookings@grabagardener.com.