Terms and Conditions

LEGAL DISCLAIMER
1. Introduction

  1. This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website.

2. Intellectual property rights

  1. Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.

3. Licence to use website

  1. You may view, download for caching purposes only, and print pages from the website, provided that:

    1. you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;

    2. you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent; and

    3. © you must not edit or otherwise modify any material on the website.

4. Limitations of liability

  1. The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.

  2. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

  3. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

  4. Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, data use, income, revenue or anticipated savings.

  5. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

  6. However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

5. External Links

  1. External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us (weblink)if you would like to link to this website or would like to request a link to your website.

6. Variation

  1. We may revise this disclaimer from time-to-time by posting a new version on our website, and, unless stated in the current version, all previous versions shall be superseded by the current version. You should check this page regularly to ensure you are familiar with the current version.
    We may also notify you of changes to our disclaimer by e-mail.

7. Entire agreement

  1. This disclaimer constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.

8. Law and jurisdiction

  1. This notice will be governed by and construed in accordance with Irish law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Ireland

9. Our contact details

  1. If you have any questions about our disclaimer, please write to us by email at info@theplantfiles.com

TERMS AND CONDITIONS

1. Information About Us

  1. Welcome to thePlantfiles.com (TPF). This Website (“the Site”) is owned and operated by ID Detail Limited. For the purposes of these Terms and Conditions “we”, “our” and “us” refers to ID Detail Limited and The Plantfiles (TPF).
    We are incorporated in Ireland under company number [details required] and our registered office is at [details required]. Our VAT number is [details required].

  2. These Terms and Conditions govern your use of the Site and by accessing and using the Site you are agreeing to be bound by these Terms and Conditions of use.

2. Amendments to the Terms and Conditions

  1. We reserve the right to alter these Terms and Conditions at any time. Any changes are effective once they are updated and posted on the Site. If you proceed to use of the Site after such changes then this constitutes your agreement to such Terms and Conditions.

3. Our Status

  1. All Plant & Equipment advertised for sale or hire from within the Site are supplied by third parties (“Third Party Suppliers”). Any contracts which you enter into with Third Party Suppliers are between you and the Third Party Supplier and we do not make any warranty about the Plant & Equipment. Any claim you may have in respect of the sale of any vehicle advertised on the Site is with the relevant Third Party Supplier and not our responsibility.

  2. The system requires that Plant & Equipment owners provide quality and accurate data. However, all users are advised to exercise due diligence and to scrutinise the data file on view in full and to satisfy themselves as to the accuracy of the information to hand , prior to engagement with the alleged owner. All Plant & Equipment details recorded on the system by the plant owner, nominated users or administrators are entered with the purpose that the data will be of value to the Police and network members should the Plant be reported stolen through the site or via our phone applications. We do not take responsibility whatsoever for the information furnished or recorded on the system. The guardian of the File (the owner) is responsible for the file and to ensure appropriate content is entered.

4. Your Contract with the Third Party Supplier

  1. The contract for the sale, hire or supply of Plant & Equipment advertised on the Site is between you and the Third Party Supplier and is subject to the terms of the Third Party Supplier. These will be notified directly to you by the Third Party Supplier.

5. Content of Advertisements by Third Party Suppliers.

  1. Any opinions, advice, statements, services, offers or other information that constitutes part of the content of advertisements by Third Party Suppliers on the Site are those of the respective authors or producers and not of the Site, the Company or its shareholders, directors, officers or employees.

6. Prices.

  1. The prices of all services on the Site are exclusive of Value Added Tax. (VAT) unless stated otherwise. Clicking on the “Create a Plantfile ID” tab, constitutes an understanding that the user agrees to pay for the services provided which explicitly include only the following:

    1. The plant owner can electronically record data pertaining to Plant & Equipment in the designated format provided within the Plantfiles.

    2. The user can print a PDF copy of the file.

    3. Two ID Tags will be supplied once payment is complete. These tags can then be affixed to the registered equipment.

  2. The facility to create a Theft Report, to distribute the Plantfile in full or in a selected data format to the Police and network members, is a Free service offered to the Registered Plant owner and does not constitute a service that must be supplied or activated in order to fulfil the obligations of the registration fee.

7. Our Liability

  1. To the extent permitted by law, your use and access to and of the Content and ThePlantfiles.com (TPF) are provided by us under this Agreement without any guarantees, conditions or warranties as to their accuracy.

  2. To the extent permitted by law, we expressly exclude:

    1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

    2. any liability for any direct, indirect or consequential loss or damage including any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable in connection with this Agreement.

  3. We shall not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on thePlantfiles.com (TPF).
    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of thePlantfiles.com (TPF) or to your downloading of any material posted on it, or on any website linked to it.
    We do not guarantee the security of the online services or any systems connected with the use of thePlantfiles.com (TPF) (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems

  4. We do not guarantee access to ThePlantfiles.com (TPF) or any systems used in accessing our services will be continuous or virus or error free.
    Any material downloaded, or otherwise obtained through the use of thePlantfiles.com (TPF) is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system, or loss of data, that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us, or through, or from ThePlantfiles.com (TPF), shall create any warranty not expressly stated in this Agreement.
    We will need to carry out maintenance work on our equipment and systems, and shall use reasonable endeavours to ensure that, in doing so, reasonable notice is given and minimum disruption is caused. Advertisers acknowledge that we cannot guarantee that the Advertisement will be continuously available on ThePlantfiles.com (TPF).

  5. To the extent permitted by law, we provide the Site without any warranties or guarantees. In particular we do not warrant that the Site or any of its contents are virus free. You must take your own precautions in this respect, as we will accept no responsibility for any infection by virus or other contamination or by anything which is destructive to property. Although we do our best to provide constant uninterrupted access to the Site we do not guarantee this. We accept no responsibility or liability for any interruption or delay. The Site provides content from other sources and while we try to ensure that material included on the Site is correct and that the Plant & Equipment advertised on the Site are of good quality, we cannot accept responsibility if this is not the case and as stated above we disclaim all liability in respect of Plant & Equipment advertised by Third Party Suppliers. This disclaimer does not affect your statutory rights against the Third Party Supplier.
    To the full extent allowed by law, you agree that we will not be liable to you for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or related to the Site. Nothing in these Terms and Conditions shall exclude our liability or for personal injury or death caused by negligence.

8. Indemnity

  1. You will agree to defend, indemnify and hold harmless, thePlantfiles.com and ID Detail Limited, its officers, directors, employees and agents from and against any claims, actions or demands including without limitation, reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or your breach of the terms of this agreement. We shall provide notice to you promptly of any such claim, suit or proceedings and shall assist you at your expense in defending any such claim, suit or proceedings.

9. Advertising on thePlantFiles.com

  1. Customers seeking to advertise Plant [further details required] through thePlantfiles.com (TPF) shall comply with the following obligations when creating the related Advertisement or other Content:

  2. Advertising Contents

    1. only one Vehicle, Part or Accessory may be listed in each Advertisement;

    2. Payment for Advertisements must be made through ThePlantfiles.com (TPF);

    3. Publication of an Advertisement on ThePlantfiles.com (TPF) is subject to payment of a fee to us (the “Fee”). The Fee is set out on ThePlantfiles.com (TPF) and displayed to you in the course of you offering to place an Advertisement with us, through submitting it to ThePlantfiles.com (TPF). The Fee for all the services available on ThePlantfiles.com (TPF) is quoted and is payable in Euro.

    4. All Fees payable by Private Advertisers are stated inclusive of valued added tax (VAT) at the relevant rate. All Fees payable by Trade Advertisers are stated exclusive of value added tax VAT which is payable at the relevant rate.

    5. Payment of the Fee can be made by you using Visa, MasterCard, or Laser cards. No other payment method will be accepted.

    6. To process card payments we will direct you, via ThePlantfiles.com (TPF), to a dedicated third party service provider. When you choose, via ThePlantfiles.com (TPF), to make the payment of the Fee you will be brought to the third party service provider’s website. Once there, you will enter into a contract for services with the third party service provider, who will take payment from you. We are not responsible or liable for the third party service provider’s services or contract with you. You should separately review and confirm that you are agreeable to third party service provider’s terms and conditions, prior to instructing them to pay us on your behalf.

Order Confirmation

  1. vi. After you complete the payment process, you will be forwarded to a confirmation page on ThePlantfiles.com (TPF) that the payment instruction has been received, and your Advertisement will be listed under your ‘My Adverts’ on ThePlantfiles.com (TPF). In normal circumstances your Advertisement will appear on ThePlantfiles.com (TPF) within 24 hours of you having finalised and submitted the Advertisement.

Changing Your Advert

  1. vii. You can make unlimited changes to your Advertisement on ThePlantfiles.com (TPF) provided that the Content continues to comply with this Agreement. Simply login to your account on ThePlantfiles.com (TPF) and ‘My Adverts’ page and click ‘Edit this ad’. Due to the ‘one Plant per advert’ rule referred to in clause 15.2.1, you will not be able to change the make or model of the Vehicle, Part or Accessory, location or contact details in the Advertisement after the Advertisement has been paid for. Please contact at info@thePlantfiles.com (TPF), if you need to do this. In normal circumstances changes to your Advertisement will appear on ThePlantfiles.com (TPF) within 24 hours of you having processed the changes.

  2. If you make a change to your Advertisement on ThePlantfiles.com (TPF) which involves a change in the price band of the advertised price for the Vehicle, Part or Accessory shown on the Advertisement that you previously submitted to ThePlantfiles.com (TPF) then:

    1. 1. (a) you will not be entitled to a refund of any part of the Fee, even if the new price would have resulted in a reduced Fee if the new price had been used in the original Advertisement; and
      2. (b) you may be charged an additional Fee if the Fee for the original Advertisement would have resulted in an increased Fee if the new price had been used in the original Advertisement.

Refund Policy regarding Advertisements

  1. Where your Advertisement does not appear on ThePlantfiles.com (TPF) despite you receiving confirmation that we have received the payment instruction for the relevant Fee then you will be entitled to a refund of the Fee, unless (1) the omission, cancellation or mismatch of your Advertisement was caused by unforeseen circumstances beyond our reasonable control; (2) we did not actually receive the Fee or (3) you breached this Agreement.

  2. To the extent permitted by law, our liability to you for any breach of contract or negligence in connection with this Agreement shall not exceed an amount equal to the Fee paid by you in relation to the Advertisement or series of Advertisements connected to the liability.

  3. You are be responsible for any losses, expenses or other costs incurred us caused by your use of thePlantfiles.com (TPF), your breach of this Agreement and/or any untrue statement or inaccurate photograph or Content that you used on thePlantfiles.com (TPF).

10. Data Protection

  1. All information received by us from your use of this Site will be used in accordance with our privacy policy. We respect the value of personal information provided by you and will only authorise transfer of this information to the software host of the Site in order to facilitate your use of the Site.

11. Use of Material on the Site

  1. For the purposes of this agreement, “material” includes, without limitation, text, video, graphics and sound material, published on the Site. You may download and print extracts from the material and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Site. You must not reproduce any part of the Site or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

12. Third Party Advertising on the Site

  1. You may see advertising material submitted by third parties on the Site. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibly for the content of advertising material including, without limitation, any error, omission or inaccuracy.

13. Links to Third Party Websites

  1. The Site contains links to third party websites. Your use of third party websites is subject to the Terms and Conditions of use contained within each of those websites. Access to any other websites through the Site is at your own risk. We are not responsible or liable for the accuracy of any information, data, opinions, statements made on these websites or the security of any link or communication with those websites. We reserve the right to terminate a link to a third party website at any time. The fact that we provide a link to a third party website does not mean that we endorse, authorise or sponsor that website, nor does it mean that we are affiliated with the third party websites, owners or sponsors. We provide these links merely as a convenience for those who use the Site.

14. Linking to Our Website

  1. You are not permitted to link any other website to thePlantfiles.com (TPF) without first obtaining our prior written consent. If we give you consent we may choose to require you to accept terms and conditions as a condition of granting this permission. You must not establish a link to thePlantfiles.com (TPF) from any website that is not owned by you unless we expressly agree in writing that you can do so. You must not create a link to any part of thePlantfiles.com (TPF) other than the homepage.
    We reserve the right to withdraw any linking permission given to you with or without notice. You must not frame thePlantfiles.com (TPF) on any other website without first obtaining our prior written consent. If we give you consent we may choose to require you to accept terms and conditions as a condition of granting this permission.
    If you wish to create a link or to make any use of Content or other material on thePlantfiles.com (TPF), then please address your request to info@theplantfiles.com.

15. Contact from us

  1. In the course of providing you services or in respect of your use of thePlantfiles.com (TPF), we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your account and necessary for the normal functioning of thePlantfiles.com (TPF), including emails which help inform Advertisers and users about functionality of thePlantfiles.com (TPF). You also accept and understand the terms of our Private Policy.

16. Variations

  1. We may revise this Agreement at any time by amending the pages upon which they appear on thePlantfiles.com (TPF), without giving notice of such modifications. Such modifications become effective immediately upon posting of the modified terms on thePlantfiles.com (TPF). You agree to review the Agreement periodically, so that you are aware of any modifications. Your continued use of thePlantfiles.com (TPF) after any modifications indicates your acceptance of the modified Agreement.

17. Waiver

  1. A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.

18. Severability

  1. In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.

19. Assignment, Construction and Entire Agreement

  1. We may assign or subcontract any or all of our rights and obligations of our Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.

  2. This Agreement contains the entire agreement and understanding between the parties relating to thePlantfiles.com (TPF), and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us. In the event of any inconsistency between the Privacy Policy and these Terms then these Terms take priority.

  3. Any words following the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

20. Submissions

  1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about thePlantfiles.com (TPF) provided by you to us are non-confidential and may be used by us at our discretion.

21. Governing Law

  1. The Terms and Conditions will be governed by Irish law. Any dispute in relation to these Terms and Conditions shall be subject to the exclusive jurisdiction of the Irish Courts.

22. Contact us

  1. If you have any questions or queries, please contact us providing your name, address, telephone number and details to info@theplantfiles.com.