Effective date: 11 March 2017
www.fastgardener.com is owned and operated by GreenKan Limited. GreenKan Limited is a company registered in England & Wales under company number 09698095. Our VAT number is 220 7394 27. Our registered office is at 130 Old Street, London, EC1V 9BD. Our other contact details are specified on our Website.
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.
Where you communicate on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
Capitalised terms have the following meanings in these terms and condition:
“Booking” means a booking which you make on our Website.;
“Customer” means a natural person acting outside his or her trade, business or profession;
“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;
“Repeat Booking” means a Booking for recurring Services;
“Review” means any review, comment or rating;
“Service Provider” means a Service Provider listed on our Website;
“Services” means services supplied or to be supplied by Service Providers;
“Website” means the services we offer by means of our website but excluding Services, as explained below; and,
“User” means a person who uses our Website (whether or not registered with us).
We act as a booking agent 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.
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.
We do not accept legal responsibility for any acts or omissions of Service Providers in relation to the Services.
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.
Supply of Services
Your order is an offer which is only accepted when we send you an email on behalf of the Service Providers to confirm your order.
The hourly rate price is per person per hour.
The hourly rate price covers labour only. Offsite waste removal is not included.
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.
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.
You acknowledge that your nominated Service Provider may be unavailable from time to time (e.g. through illness, vacation or leaving our service).
You agree that during the period of this agreement you will not book any services from, or engage, any Service Provider other than via our Website. You agree not to engage any Service Provider for 2 years after termination of this agreement.
Payment for Services / Cancellation by You
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.
Prices include any applicable VAT or other sales tax unless otherwise stated.
You authorise us to charge your credit / debit card after 24 hours from the scheduled end-time for the visit.
We may at any time change the prices. We will give you notice by email at least one week 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 one week's notice will be at the new price.
You can at any time cancel any Customer visit, a Repeat Booking or this agreement as a whole via the form on our Website. There is no charge if you cancel at least 24 hours before the scheduled start time for the Service Provider visit. If you cancel within 24 hours before the scheduled start time for the Service Provider visit, then we will charge you the full amount of the Booking by charging your credit / debit and you authorise us to charge your card accordingly.
If you are a Customer, you may cancel your order within 7 working days of placing your order by email to firstname.lastname@example.org or any of the other methods specified in the Distance Selling Regulations. However, this right of cancellation does not apply once arrangements to provide the service have started - this occurs 24 hours before the time of the scheduled Service Provider visit - in which case you agree to performance of the contract starting before the usual cancellation period has expired.
If any amount due by you is unpaid, we may:
charge reasonable additional administration costs; and/or
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
arrange of the supply of Services to be suspended; and/or
cancel this agreement on written notice (including email).
These Terms only apply to Subscriptions taken out directly via our website.
You must be at least 18 years old to take a Subscription.
We will try to process your Subscription promptly, but we do not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your details, at which point we will provide you with access to your Subscription. We reserve the right to reject any offer in our discretion, for any or no reason.
If you purchase a Subscription for a third party (a “Gift Subscription”), it will expire at the end of the Subscription period. You will be responsible for managing all aspects of the Gift Subscription.
Your subscription term, your rights to cancel your Subscription and/or your rights to receive a refund may differ if you used a promotional code or other offer. Further details will be set out with the relevant offer.
If you are a new customer you may receive a "free trial" as part of your Subscription. When the free trial period finishes your Subscription will automatically continue at the price quoted on the Site during the sign-up process, unless you cancel in accordance with the instructions set out below before the end of the trial period.
You agree to pay the price at the rate notified to you at the time you take out your Subscription. We may modify the price of any Subscription, remove and/or offer certain other subscription services from time to time. We will always tell you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
In addition to the Subscription fees due to us, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Website, app or using the services available on it. For example, your mobile network operator may charge you for data or roaming services.
If we discover an error in the prices listed on the Site, we will inform you and give you the option of continuing to purchase the Subscription at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided, we will treat the order as cancelled.
If you use our services, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) shortly after purchase; or (b) if you have elected a subscription service, on a recurring basis. To the extent We have not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased):
A Basic subscription plan (“Basic Plan”). The subscription period for the Basic Plan will be for the months of April to September inclusive. The subscription will automatically renew unless you cancel your Basic Plan prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.
An Enhanced subscription plan ("Enhanced Plan”). The subscription period for the Enhanced Plan will be for one year and will automatically renew each year on the anniversary unless you cancel prior to your renewal date. You will be billed monthly on or about the same day each month until such time that you cancel. Note that under the Enhanced Plan you will not be permitted to cancel, reduce the number of hours or visits, or downgrade the Service you have selected until the anniversary date. Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Basic Plan.
An Ultimate subscription plan ("Ultimate Plan”). The subscription period for the Ultimate Plan will be for one year and will automatically renew each year on the anniversary unless you cancel prior to your renewal date. You will be billed monthly on or about the same day each month until such time that you cancel. Note that under the Ultimate Plan you will not be permitted to cancel, reduce the number of hours, waste bags for offsite removal or visits, or downgrade the Service you have selected until the anniversary date. Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Basic Plan.
If you select the Basic Plan, you can switch to the Enhanced or Ultimate Plan at any time. If you select an Enhanced or Ultimate Plan, you may not change to the Basic Plan until the end of the one-year term of your Enhanced or Ultimate Plan.
If you select the Enhanced Plan, you can switch to the Ultimate Plan at any time. If you select an Ultimate Plan, you may not change to the Basic or Enhanced Plan until the end of the one-year term of your Ultimate Plan.
To cancel your subscription during a trial period you will need to send an email to email@example.com.
To cancel your subscription at any other time you will need to log in to your account. Once logged in, under the “My Profile” tab, click “Stop Auto-renew”. The cancellation will be effective from your next due payment date.
In exceptional circumstances, upon request, and at our absolute discretion, we may agree to cancel a subscription prior to the end date if subscription discounts are repaid to us. We will calculate the value of any discounts applied to services rendered during the Subscription and inform you of the total value. You will then have the option to pay this amount within 7 days. Upon payment, we will cancel the subscription.
If there is an issue with the Service and you notify us via our Website or app within 24 hours after the scheduled end time, then we will at our option decide either to take no payment or partial payment or else use reasonable endeavours to re-arrange the visit. We reserve the right to take payment or re-arrange a visit if we are not notified within that 24 hour period.
Cancellation by Us
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.
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.
Changes to the terms and conditions
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.
You are responsible for your Content.
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;
If you post a Review, you also promise that it is your independent, honest, genuine opinion.
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.
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.
We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
We reserve the right to irretrievably delete your Content at any time.
Content of other Users
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.
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).
Functioning of our Website
We cannot guarantee that the Website will be uninterrupted or error-free.
We are entitled, without notice and without liability, to suspend the Website for repair, maintenance, improvement or other technical reason.
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.
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.
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:
there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
such loss or damage was not reasonably foreseeable by both parties;
such loss or damage is caused by you, for example by not complying with this agreement;
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).
The following clauses apply only if you are not a Consumer:
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.
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 higher.
In no event (including our own negligence) will we be liable for any:
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
loss of goodwill or reputation;
special, indirect or consequential losses; or
damage to or loss of data (even if we have been advised of the possibility of such losses).
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.
This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes 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.
Intellectual property rights
All trade marks, 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.
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.
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.
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.
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.
Third party websites
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.
"Act of God"
Adverse weather conditions can prevent Service Providers from carrying out Services. 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 including third party telecommunication failures.
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.
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of England.
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.
If you have any complaints, please contact us via the contact details shown on our Website or write to our address shown at the start of these terms and conditions.