Terms and Conditions

Updated 25/05/2018

TERMS OF WEBSITE USE

This page tells you the terms of use on which you may make use of our website; www.hireguard.co.uk ("Our Site") as a registered user. Please read these terms of use carefully before you start to use the site. By using Our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using Our Site.

INFORMATION ABOUT US

www.hireguard.co.uk is a site operated by Hireguard Limited ("we"). We are registered in England and Wales under company number 08218710 and have our registered office at Yarmouth House, Staithes Road, Dunston, Tyne and Wear, NE11 9DR. Our main trading address is Yarmouth House, Staithes Road, Dunston, Tyne and Wear, NE11 9DR..

We are a company limited by guarantee.

ACCESSING OUR SITE

Access to Our Site is only permitted to registered users (see below). We reserve the right to withdraw or amend the service we provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.

When using Our Site, you must comply with the provisions of these terms of use.

REGISTRATION

Only organisations and individuals involved in the leasing and provision of vehicles can apply to become registered users of Our Site.

In order to become a registered user; all terms and conditions you supply to your customers must contain the following clause:

"The Hirer and any driver agree that all information submitted, may be shared with third parties, including other hire companies and vehicle providers in the event of the Lessor suffering unrecoverable loss or fraud. Such information will be used to help prevent fraud and other criminal activities"

As a registered user you will be provided with website access information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable such user access information, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

An annual registration fee may be payable by all registered users. Registration fees received will help cover the administrative cost of maintaining, and potentially expanding, Our Site.

The current annual registration fee is £0.00. This sum is payable by all registered users annually on 30th June (the "annual registration fee payment date"). The annual registration fee payable by new or returning registered users will be calculated on a pro-rata basis by reference to the annual registration fee payment date and will be payable prior to any such new or returning registered users accessing Our Site.

INFORMATION ON OUR SITE

Our Site is designed to facilitate, in order to help prevent fraud and other criminal activity, the sharing between registered users of information capable of identifying individuals who have in the course of hiring vehicles from registered users caused irrecoverable loss (the "Purpose").

You may only upload or contribute to Our Site information strictly necessary to achieve the Purpose. You acknowledge information shared in this regard will constitute personal data as defined under the Data Protection Act 1998 (the "Act"). You further acknowledge that you, we and all other registered users, whether uploading or utilising uploaded data, will be acting as data controllers for the purposes of the Act and must therefore comply with the provisions thereof. You are entitled to request the removal or amendment of content you have uploaded should such content become inaccurate or the removal of the same be required by other provisions of the Act.

You indemnify and hold us and any other registered users harmless from all third-party claims arising as a result of or in connection with your failure to comply with the provisions of the Act or in relation to or in anyway connected with any data that you upload or contribute to in the course of your use of the Site.

UPLOADING MATERIAL TO OUR SITE

Whenever you upload material to Our Site or provide to us material for upload to Our Site you must comply with the content standards set out in these terms of use. You warrant that any such contribution is accurate and does comply with those standards, and you indemnify us for any breach of that warranty. You also indemnify and hold us harmless from all third-party claims arising as a result of or in connection with your contributions.

Any material you upload to Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site constitutes a violation of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site.

We have the right to remove any material or posting you make on Our Site if, in our opinion, such material does not comply with the content standards set out in these terms of use or for any reason at our absolute discretion.

ACCEPTABLE USE POLICY

You may use Our Site only for lawful purposes. You may not use Our Site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

    • You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of these terms of use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of Our Site;
    • any equipment or network on which Our Site is stored;
    • any software used in the provision of Our Site; or
    • any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on Our Site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.

We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on Our Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of these terms of use, whether the service is moderated or not.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to Our Site, and to any Interactive Services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.
  • Only contain material which is strictly necessary to achieve the purpose.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
  • Promote any illegal activity.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may only print off copies and download extracts of page(s) from Our Site for your internal business use in connection with the Purpose. You must not use any part of the materials on Our Site for other purposes.

If you print off, copy, download or use any materials on Our Site in breach of these terms of use, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any registered user, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY

We may change the content of Our Site at any time. If the need arises, we may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any registered user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including, without limitation 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

PRIVACY POLICY

These terms of use set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.

For the purpose of the Act, the data controller is Hireguard Limited.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

  • Information that you provide by filling in forms on Our Site This includes information provided at the time of registering to use Our Site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with Our Site.
  • If you contact us, we may keep a record of that correspondence.
  • Details of your visits to Our Site and the resources that you access.

IP ADDRESSES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration.

COOKIES

Our website uses cookies to distinguish you from other users of Our Site. This helps us to provide you with a good experience when you browse Our Site and also allows us to improve Our Site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these terms of use.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

  • To ensure that content from Our Site is presented in the most effective manner for you and for your computer.
  • To provide you with information and services that you request from us.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Hireguard Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about registered users of its website will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Hireguard Limited or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse Our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of Our Site. When a breach of these terms of use has occurred, we may take such action as we deem appropriate.

A breach of these terms of use may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use Our Site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited, and we may take any other action we reasonably deem appropriate.

LINKING TO OUR SITE

You may only establish a link to Our Site if we have provided written consent for you to do so. We reserve the right to withdraw any linking consent without notice.

LINKS FROM OUR SITE

Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on Our Site.

Data Protection

At Hireguard, we take data protection very seriously. That is why we have reviewed and update both our terms & conditions and data protection policies.

You can download a copy of our new data protection policy here, or a copy` of our data breach report.

Data Protection Policy

Data Breach Policy