TERMS OF SERVICE

Tawgarney Technologies Limited, registered address at Eastwood House, Muine Bheag, Co. Carlow, R21 N286, telephone: +353818919362, e-mail: info@gardenhelpjobs.com, acting under the brand name “Garden Help” (“Garden Help”), operates a website (https://www.gardenhelpjobs.com) and associated administrative services (together the "Platform"). Through the Platform customers ("Users") can book a business for the provision of gardening and landscaping services ("Services"), by submitting a booking request. Garden Help then matches the most suitable business from its database of businesses to the booking request. A business is an independent service provider in the business of providing the Services and is not employed by Garden Help or any of its affiliates.

We want to keep our relationship with you as straight forward and informal as possible, but please read the Terms of Service carefully before you start using https://www.gardenhelpjobs.com (the “Website”) because by using the Website you accept and agree to be bound and abide by these Terms of Service. The Terms of Service also include our Privacy Policy.

Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be very sad to see you go!), or contact us at csd@gardenhelpjobs.com and we’ll be happy to help you, we reply to all enquiries within 24 hours or receiving them.

These Terms of Service form a contract between Garden Help and the users for the use of the Platform (“Terms”).

The user enters into two contractual relationships. The first contract being with Garden Help, governing the access to and use of the Platform in accordance with the Terms. The second contract is between the user and a business for the provision of the Services and with Garden Help as a technology provider in respect of the Services ("Services Agreement") as set out here as amended from time to time.

By accessing and/or using the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms.

  1. DEFINITIONS AND INTERPRETATION

In these Terms (including the recitals), unless the context otherwise requires:

    1. "Booking" means the booking made by you for the provision of Services;
    2. “Booking System" means Garden Help systems which enable you to make a booking;
    3. "Service Fee" means the fee, as advised by Garden Help;
    4. "Intellectual Property Rights" means all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after your access to the Platform;
    5. "Platform Content" means all material, content and information made available on the Platform including but not limited to written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression;
    6. "You", "your" means you as the user of the Platform.
    7. In these Terms, unless the context otherwise requires:
      1. headings are for convenience only and do not affect its interpretation or construction;
      2. the singular includes the plural and vice versa;
      3. references to recitals, clauses, sub clauses, paragraphs, annexures or schedules are references to recitals, clauses, sub clauses, paragraphs, annexures and schedules of or to these Terms;
      4. words importing a gender include other genders; the word “person” means a natural person and any association, body or entity whether incorporated or not;
      5. where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
      6. a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
      7. all monetary amounts are in Euro currency; with the exception of the United Kingdom which will be in pounds sterling;
      8. a reference to time refers to GMT Standard Time;
      9. "includes" is not a word of limitation; no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
      10. a reference to any thing is a reference to the whole and each part of it;
      11. a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
      12. a reference to a document includes all amendments or supplements to, or replacements or novation’s of, that document.
  1. TERMS AND CONDITIONS
    1. Access to and use of this Platform is governed by these Terms.
    2. Garden Help periodically reviews the Terms and reserves the right to change the Terms, without any notice to you, by updating this document. You should review this document, as available on the Platform, regularly as any changes to the Terms take immediate effect from the date of the publication on this document. Your continued use of the Platform after any such changes are made will be deemed to constitute your acceptance of those changes.
    3. You acknowledge that any hyperlinks or other redirection tools taking you to other sites operated by third parties that appear on the Platform ("Third Party Sites") are not controlled by Garden Help and do not form part of the Platform. You agree that you will not hold Garden help liable or in any way accountable for anything that occurs on any third party site.
  2. ACCEPTANCE
    1. By accessing or using the Platform, you expressly agree to be bound by these Terms, and you agree that these Terms shall apply to all Services that you book via the Platform.
    2. Notwithstanding clause 3.2, you may not accept the Terms or access the Platform if:
      1. you are not of legal age (18) to form a binding contract with Garden Help; or
      2. you are a person barred from entering into contracts under legislation, in which case, you must immediately leave the Platform.
    3. By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that you have carefully read and understood the Terms.
    4. If you do not understand any part of the Terms you should seek independent legal advice or contact Garden Help at csd@gardenhelpjobs.com and we will be happy to help and answer any questions you may have.
    5. On all first-time bookings you understand that Garden Help may require up to 72 hours to find a suitable business for you to carry out requested Services.
    6. On all jobs including recurring bookings Garden Help will allow a maximum timeframe of 72 hours to notify customers of upcoming scheduled appointments. The exception being if a job has been scheduled within 48 hours’ time frame, in such cases Garden Help will give the customer as much notification as possible.
  3. USER PROFILE
    1. You may be required to register your personal information, including your name, address, phone number and payment details on the Platform in order to make a booking ("User Profile").
    2. You confirm that you are at least 18 years of age and possess the legal authority to use the Booking System in accordance with these Terms. You also agree that all information supplied by you in using the Platform and the Booking System will be true and accurate at all times.
    3. Garden Help may delete or block a User Profile at its own discretion. Blocked users are prohibited from setting up a new User Profile.
  4. BOOKING SYSTEM
    1. You may request a booking via the Booking System. You will receive a booking confirmation, a payment receipt and the Services agreement that constitutes the contractual relationship between you, Garden Help as a technology provider and a business as a service provider that you are deemed to have entered into for the provision of the Services.
    2. Garden Help will then make your contact details, location, requested time and the scope of the service available to its business network. An available business will then confirm its acceptance of the booking.
    3. You are able to request a preferred business. Garden Help will take your preference into account when facilitating the service, however a specific business cannot be guaranteed and will depend on the business’s availability.
    4. You are entitled to make a booking via phone call or by using other communication means. In such a case, a link to these Terms will be sent to your provided email address. If no objections are submitted within one day after you are provided with a link to these Terms, it shall be considered that you have agreed to these Terms and you shall carry out your rights and duties in accordance with these Terms.
    5. When a booking is confirmed by a business, Garden Help will notify you.
    6. If the requested business cannot fulfil your booking, Garden Help will arrange an alternative business for the requested booking time.
    7. If the requested booking cannot be facilitated, Garden Help will arrange an alternative time for the service with you and a business.
    8. You are not permitted to engage the Services of a business other than through the Booking System on the Platform.
    9. The Booking System is provided on the Platform to enable you to make legitimate bookings and to make payments for those bookings, and for no other purposes.
    10. Any speculative, false or fraudulent booking is prohibited. You agree that the Booking System will only be used to make legitimate bookings for you or another person for whom you are legally authorised to act. You acknowledge that abuse of the Booking System may result in you being denied access to the Booking System.
    11. Garden Help has the right at any time to add, change or withdraw functions available on the Platform at its own discretion.
    12. The minimum timeframe on all bookings with Garden Help is 2 hours. The exception been grass cutting, which is set at a minimum parameter of one hour. The fee associated with minimum Services is a minimum fee, set out by Garden Help regardless of the end Services duration. The maximum timeframe in a single day/booking is 8 hours. It is the responsibility of the client to ensure that adequate time has been booked with Garden Help to ensure Services requirements are carried out. In instances where the client has not left enough time, the client will be required to make a subsequent booking with Garden Help.
    13. Recurring bookings are available, the minimum timeframe per job on recurring bookings is 2 hours.
    14. After job has been successfully completed the client will be asked to sign a digital signature of acceptance with Garden Help. On occasions the client is not at home, Garden Help will take a photo of the completed works which will be sent to the client. The client will have 24 hours to approve the completed works. If no notification has been received within 24 hours, this will be deemed as acceptance by Garden Help and the clients account will be debited.
    15. Recurring Bookings, upon first recurring booking, customer will select their parameter i.e the frequency of the booking. For example monthly, bi weekly or weekly. Subsequent recurring bookings are then taken from the date of the first booking for example monthly = every 30 days, this is done automatically and can be changed by the client up to 48 hours before a booking is to take place. However Garden Help cannot guarantee the availably of an alternative date, we will do our best to accommodate all customers.
  5. PRICES AND ESTIMATES
    1. You acknowledge and agree that the price quoted for your booking is an estimate only (“Estimate”), and the actual price charged may vary depending on the type and scope of work/Services needed. 
    2. After the business has arrived at your home/premises, the business will further assess the problem or work to be performed. If the business determines that the work required is greater than what was initially contemplated, the business will advise you and generate a new Estimate reflecting the increase in scope of the Services. If you approve the revised Estimate, the business will complete the work. If you do not approve, the business will take reasonable efforts to complete some or all of the work specified on the original estimate, the pricing for which you had previously agreed to, or, if the business is unable to do so, the booking shall be deemed cancelled.
    3. You acknowledge that Garden Help provide the Services for the number of hours booked by the client. Our Services are billed at an hourly rate and the length of our Services to you as the customer are determined by the number of hours selected. You acknowledge that additional requested work will require a separate booking by the client.
    4. Grass cutting. You acknowledge that the prices associated with our grass cutting services are determined by accurate information from you the client. If an estimated area to be cut by our service professionals is deemed to be more extensive than portrayed over the phone or on our online booking portal, service providers have the right to refuse service, or ask you as the client to make an additional booking. The client may accept or decline this request. If the client declines this request service providers will attempt to carry out as much of the requested works in the timeframe allocated.
  6. PAYMENT
    1. You agree that at the time of the first booking, your payment details will be transferred to Garden Helps secure payment gateway. Upon the successful booking, Garden Help will take payment for the booking. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
    2. If you are making a recurring booking, your payment details will be transferred to Garden Help’s secure payment gateway prior to the scheduled Services in the recurring booking, Garden Help will take payment for the Services. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.
    3. On receipt of the service fee, Garden Help will hold the service fee on behalf of the business until such time as it accounts to the business, pays a refund to you (if you are entitled to a refund) or credits payment of our fees and charges. No interest will be payable by Garden help to you or the business on amounts held by Garden Help.
    4. Garden Help will issue you with a receipt for your payment of the service fee. You may request for a tax invoice and Garden Help will provide you with a tax invoice for the Services rendered by the business within a reasonable time of your request.
    5. If the user is entitled to a refund in accordance with the Services agreement, Garden Help will process the refund as soon as practicable after the right to the refund arises.
  7. CHANGES AND CANCELLATIONS
    1. You can cancel or amend a booking free of charge, up to 24 hours before the service is scheduled to begin.
    2. If you cancel or amend a booking within 24 hours before the service is scheduled to begin, you will have to pay cancellation costs equivalent to the value of the service.
    3. You cannot amend, extend or cancel a booking during the performance of the Services.
    4. The Services agreement shall expire once the Services under the booking have been performed.
    5. If the business is unable to fulfil a confirmed booking (in full or part), Garden Help will attempt to find you a replacement business. If we cannot find you an alternative business, we will reschedule your booking to a new time which suits you. If we cannot find a suitable time for you, you may cancel the booking at no charge.
    6. On occasion due to inclement weather it may be necessary to reschedule scheduled Services
    7. Recurring bookings, customers will be notified up to 72 hours of upcoming appointments, customer understands that they will have up to 24 hours before a scheduled appointment to make amendments to any bookings. Any changes to recurring booking within 24 hours may be subjected to cancellation fee up to the full value of the Services.
  8. CANCELLATION POLICY EXPLAINED
    1. The Garden Help Platform is designed to be user friendly and accessible, however we do have some rules in force to protect our workers. Our policies are designed to promote a reliable, consistent experience for customers and professional workers alike.
    2. While we know plans can sometimes change quickly, rescheduling or skipping a booking with short notice causes professional workers to lose valuable work. Therefore, fees apply when bookings are cancelled or rescheduled within 24 hours of allotted start time. This policy extends to both once off and recurring appointments. The cancellation fee is the value of the service to be completed. We hope you appreciate this policy, as we strive to offer a fair and professional service to all our customers. If the user of the Platform has any questions in regards to the Garden Help cancellation policy please feel free to contact our customer service desk at csd@gardenhelpjobs.com and we will be happy to assist. Unfortunately the Garden Help cancellation fee is non-negotiable which we are confident will be respected by all our clients.
  9. SERVICES
    1. Garden Help operates the Platform through which you may arrange and book the provision of the Services by a business under the service agreement and Garden Help provides you with the Platform to purchase these Services.
    2. You acknowledge that Garden Help does not provide the Services to you in any circumstances and the businesses are not employed or subcontracted by Garden Help or any of its affiliates.
    3. Garden Help is not an agent or broker for you. You enter into any transaction, including any Services agreement with a business, entirely at your own risk.
    4. Garden Help monitors the Services offered by a business. However, Garden Help does not guarantee or make any representation as to the safety, quality, condition or description of any products used or Services provided by business. Any issues regarding safety, quality, condition or description should be notified to Garden Help, who will then pass the issue onto the business designated to your booking. You should refer to the Terms and conditions of your Services agreement for further information.
    5. All bookings are subject to business availability.
    6. Green waste removal, Green waste is removed from site and charged separately from the cost of the service, usually this cost is €10 or £10 depending on location for every 1-tone bag (Cubic Metre) of waste removed. Garden Help charges a once off fee of €20 or £20 depending on the location on all jobs either once off or recurring for the removal of green waste. Garden Help accepts no responsibility in these negotiations if any between client and contractor. Garden Help will only remove green waste, and no other types of waste including household rubbish. Garden Help will only remove green waste created by us on the course of a job. Green waste in situ will only be removed at either the discretion of the contractor or booking a separate booking agreement between client and Garden Help.
    7. Lawn Mowing Service. Lawn mowing may be booked through the Garden Help Platform is either a once off or recurring service. First time customers will be required to enter details including the size of the lawn, the condition of the lawn, and the last time it was cut. Service providers have the right to refuse service to customers who unreasonably estimate the size of the lawn and Services to be carried out.
    8. Green waste removal is included on all Lawn mowing jobs, Garden Help will make a once off charge of €20 or £20 for green waste to be removed, either as a once off job or recurring job. Additional amounts are priced at €10 or £10 depending on location for every 1-tone bag (Cubic Metre) of waste to be collected. Customer understands that Strimming, lawn edging, and other related lawn Services are optional extras, which will incur an additional payment.
    9. Recurring booking on lawn mowing jobs includes a minimum of two mows per month.
    10. It is the responsibility of the property owner to make sure there is adequate access to the property for the purpose of carrying out work. The contractor has the right to cancel any job where adequate access, which can hamper performance or comprise safety, is considered a risk, in such situations, the contractor will try to negotiate safe access with the customer, if this is not achievable full cancellation fees will apply upon cancellation.
    11. Pets must be secured at all times during the course of a job situation. The contractor has the right to cancel or postpone any job where he/she feels their safety may be compromised due to the presence of domestic pets.
    12. Circumstances (for example, pets, poor access to the property, etc.), which lead to health and safety issues, can result in a cancellation of the Services at the discretion of the business (the service provider). In such a case, a cancellation fee may apply.
    13. In order to cover possible losses and (or) damages, it is recommended for customers to maintain an insurance, while receiving the Services.
    14. If a customer decides not to maintain any insurance, such a customer will act on its own responsibility and therefore shall assume the risk on possible losses and (or) damages. In such a case, the customer shall hold Garden Help and (or) the service providers harmless from and against all claims, awards, demands, losses, liabilities, personal injuries, damages, expenses related to or arising out of the circumstances, where an insurance could have been concluded.
  10. TERMINATION
    1. Garden Help may at its discretion terminate your use of, or access to, the Platform at any time. If this happens we may notify you by email. If your use of the Platform is terminated:
      1. you are no longer authorised to access the Platform or use any other Garden Help Services with the email address you used to register with the Platform or any other email address you possess;
      2. you will continue to be subject to and bound by all restrictions imposed on you by the Terms;
      3. all licences granted by you and all disclaimers by Garden Help and limitations of Garden helps’ liability set out in the Terms or elsewhere on the Platform will survive termination.
    2. You may terminate this agreement by emailing Garden Help at csd@gardenhelpjobs.com Garden help will disable your User Profile within fourteen (14) days of receipt of the email requesting termination of your User Profile.
    3. Garden Help reserves the right to deduct any outstanding fees and charges owing to Garden help and/or the business on your User Profile prior to disabling it.
  11. DISPUTE RESOLUTION POLICY
    1. Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at csd@gardenhelpjobs.com you agree to make the circumstances of any dispute known by notice in writing to this email address before taking any other action.
    2. Garden Help welcomes any feedback, comments and complaints you may have in respect of the Services and the businesses; however, you acknowledge the business is the sole provider of the Services.
  12. SECURITY OF PAYMENT
    1. Garden Help has taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway is used to process all transactions and credit card details. Garden Help does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
  13. PRIVACY
    1. In this clause, personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably ascertained, from the information or opinion.
    2. Garden Help collects and stores personal Information you enter into the User Profile. Personal Information collected by Garden Help will be maintained in accordance with our privacy policy
    3. You agree that Garden Help will disclose your personal Information, including your name and address to the business in order for the business to carry out the Services.
    4. Both parties must abide by all relevant privacy principles.
  14. Use OF PERSONALLY IDENTIFIABLE INFORMATION
    1. Information submitted to the Garden Help Platform is governed according to the current privacy policy.
    2. You agree to provide true, accurate, current, and complete information when registering with the Garden Help Platform. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete.
    3. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Garden Help Platform.
    4. Although sections of the Garden Help Platform may be viewed simply by visiting the Garden Help Platform, in order to access some content and/or additional features offered at the Garden Help Platform, you may need to sign on as a guest or register as a member. If you create an account on the Garden Help Platform, you may be asked to supply your name, address, a user ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account.
    5. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Garden Help Platform using your account or user ID.
    6. You grant the Garden Help and all other persons or entities involved in the operation of the Garden Help Platform the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Garden Help Platform and in the provision of Services to you.
    7. Garden Help cannot and does not assume any responsibility or liability for any information you submit, or your third parties’ use or misuse of information transmitted or received using Garden Help Platform.
  15. INTELLECTUAL PROPERTY
    1. The Platform content is protected by copyright and Garden Help reserves all Intellectual Property Rights, which may subsist in the Platform content and/or the Platform.
    2. By accepting the Terms, you are granted a non-exclusive licence to:
      1. view the Website at www.gardenheljobs.com
      2. print pages from the Website www.gardenhelpjobs.com in its original form; and
      3. download any material from the website www.gardenhelpjobs.com for caching purposes only.
    3. You must not, without Garden Help’s prior written consent which may be withheld at its absolute discretion:
      1. copy, republish, reproduce, duplicate or extract Platform content;
      2. redistribute, sell, rent or licence any Platform content; or
      3. edit, modify or vary the Platform content.
  16. ACCEPTABLE USE
    1. You must not use, or cause this Platform to be used, in any way which:
      1. breaches any of these Terms;
      2. infringes Garden Help or any third party’s intellectual property rights;
      3. is fraudulent, illegal or unlawful; or
      4. Causes impairment of the availability or accessibility of the Platform.
    2. You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:
      1. spyware;
      2. computer viruses;
      3. Trojans;
      4. worms;
      5. keystroke loggers; or
      6. any other malicious computer software.
  17. INDEMNITY AND LIABILITY
    1. General indemnity. You agree to indemnify Garden Help against any claim, action, damage, loss, liability, cost, charge, expense or payment, which Garden Help may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.
    2. General limitation of liability. Garden Help will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on Platform content or otherwise in connection with the Platform.
    3. Services Liability. To the full extent permitted by law, Garden Help will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with a business or the offer or supply of (or default in supplying) the Services.
    4. Information Accuracy. You acknowledge and agree that some of the Platform content may be provided by way of blogs or comments made by other users of the Platform, and that Garden Help does not accept any responsibility or make any representation for the accuracy of such information or your reliance on the same. The Platform content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).
    5. Acceptance. By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause are reasonable.
  18. WARRANTIES AND REPRESENTATIONS
    1. The use of this Platform is at your own risk. The Platform content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or representation of any kind. Garden Help makes no warranties or representations about the accuracy or completeness of the content provided through the Garden Help Platform or the content of any sites linked to the Garden Help Platform and assumes no liability or responsibility in contract, warranty or in tort for any
      1. errors, mistakes, or inaccuracies of content,
      2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Garden Help Platform,
      3. any access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; and
      4. events beyond our reasonable control.
    2. Garden Help does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Garden Help Platform or any hyperlinked website or featured in any banner or other advertising, and Garden Help will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Garden Help and affiliates do not warrant that access to the Garden Help Platform will be uninterrupted or that the Garden Help Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Garden Help Platform, or as to the timeliness, accuracy, reliability, completeness or content of any service, information or materials provided through or in connection with the use of the Garden Help Platform. Garden Help and affiliates are not responsible for the conduct, whether online or offline, of any user. Garden Help and affiliates do not warrant that the Garden Help Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites.
    3. Nothing contained in the Terms shall be understood as an attempt to create a partnership, employment, joint venture, or association among or between the Garden Help and Users and (or) a business.
    4. None of Garden Help affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Platform content or Platform.  
    5. In no event shall Garden Help be held liable under or in connection with the Terms or otherwise for any loss of business, profits, anticipated savings, data, or for any indirect or consequential loss suffered by the User and (or) a business.
    6. Garden Help makes no representation or warranty in any manner with respect to the supplier’s quality of services received by the User while using Garden Help Platform.
    7. Each User is responsible for determining the Service and selecting their service supplier and Garden Help does not warrant any goods or services purchased by a User and does not recommend any particular supplier. Garden Help does not provide any warranties or guarantees regarding any supplier’s professional accreditation, registration or license.
  19. Confidential Information
    1. You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Garden Help and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Garden Help Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorised employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify Garden Help in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use.
    2. The term “Confidential Information” shall mean any and all of Garden Help’s trade secrets, confidential and proprietary information, and all other information and data of Garden Help that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Garden Help business, operations, or properties, including information about Garden Help’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
  20. GENERAL PROVISIONS
    1. Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
    2. Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
    3. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
    4. These Terms shall be governed by and construed in accordance with the law for the time being applicable to the Republic of Ireland.
  21. GIFT VOUCHER BOOKINGS
    1. Gift Vouchers may only be used to make bookings with Garden Help and cannot be returned or exchanged for cash. Bookings must be made in advance and are subject to availability. The Gift Voucher must be specified at the time of making the Booking. Gift Vouchers may only be redeemed for bookings for Services in geographic areas which are serviced by Garden Help at the date of redemption. To check service coverage please email csd@gardenhelpjobs.com or   call +353818 919 362.
    2. No change is given and any balance that remains on the Gift Voucher can be used in whole or part against future purchases from Garden Help. Gift Vouchers expire six (6) months after issue and it is up to the recipient to use the full value before expiry date. Any balance that remains on the Gift Voucher after expiry will not be available for use, refunded or credited.
    3. Cash will not be given for any balance. If purchase exceeds available Gift Voucher balance, the recipient must make up the difference with another payment method.
    4. Promotional offers and promotional codes cannot be used in conjunction with gift certificates.
    5. Gift Vouchers can be exchanged for another Service of equal or lesser value. If you exchange your voucher for a Service of lesser value, any remaining balance will be held on credit on your Garden Help account and subject to the same expiry date as the original voucher. If you exchange for a Service of higher value, you will be required to pay the difference. Exchange does not apply to gift vouchers for a set Euro value.
    6. All valid and unused gift vouchers are fully transferable. You are liable for all transactions on your Gift Voucher except to the extent to which there has been fraud or negligence by us or any of our employees. Garden Help accepts no responsibility for any stolen or fraudulent Gift Vouchers. It is the holder’s responsibility to ensure the safe keeping of the Gift Voucher(s).
    7. If a Garden Help gift voucher is received and subsequently lost, the recipient may be eligible to have a replacement voucher emailed to them. Conditions for replacement of lost Gift Vouchers:
      1. The voucher is still valid and has not yet been exchanged or used;
      2. Proof of purchase is required; either an invoice number, purchaser’s full name or purchaser’s email address;
      3. Garden Help is able to correctly verify you as the original recipient.
    8. Please note it is the voucher recipient’s responsibility to obtain and provide Garden Help with all required verification details. Failure to do so will mean no replacement voucher can be issued.
    9. Garden Help is not liable or responsible for any loss suffered as a result of a Gift Voucher via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the recipient does not receive the email Gift Voucher, please contact us immediately on +353818 919 362 to send vouchers to an alternative email address.

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