Terms of service

Terms of Service

Overview

Welcome to Fox Trailer Hire! The terms "we", "us" and "our" refer to Fox Trailer Hire. Fox Trailer Hire operates this rental booking store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated hire experience (the "Services"). Fox Trailer Hire uses third-party technology to power online booking, payments, messaging, and related features.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1: Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our catalogue or booking any hire we offer, you may be asked to provide certain information, such as your email address, billing, payment, and contact details. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2: Our rentals

We have made every effort to provide an accurate representation of our rental products and services. However, colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings.

We do not warrant that the appearance or condition of any hired equipment will meet your expectations or be identical to depictions in our online store. All descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities or hire windows we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Section 3: Bookings and orders

When you place a booking, you are making an offer to hire. Fox Trailer Hire reserves the right to accept or decline your booking for any reason at its discretion. Your booking is not accepted until we confirm acceptance. We must receive and process any required payment before the booking is accepted. Please review your booking carefully before submitting.

In the event that we do not accept, make a change to, or cancel a booking, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the booking was made.

Your hire is also subject to any booking terms, cancellation policy, and other policies referenced at checkout. You represent and warrant that your bookings are for your own personal use and not for unauthorised commercial resale or export of hired goods.

Section 4: Prices and billing

Prices, discounts and promotions are subject to change without notice. Unless otherwise expressly stated, posted prices may not include taxes, deposits, delivery, pickup, or other fees disclosed at checkout.

Prices posted in our online store may differ from prices offered in physical locations or through other channels. We may offer promotions governed by terms separate from these Terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern for that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all bookings. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use that payment method, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including applicable deposits, fees and taxes.

Section 5: Pickup, delivery and return

Delivery, pickup and return times are estimates only and are not guaranteed unless we expressly agree otherwise. We are not responsible for delays caused by carriers, traffic, weather, customs processing, or events outside our reasonable control. Risk of loss for hired equipment passes according to the booking terms shown at checkout (for example when you take possession at pickup or when delivery is completed).

Section 6: Intellectual property

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Fox Trailer Hire, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only, except as otherwise agreed for a hire. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by Fox Trailer Hire.

Section 7: Optional tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without warranties of any kind. Any use of optional third-party tools is at your own risk.

Section 8: Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating third-party materials or websites. If you leave the Services to access those materials, you do so at your own risk.

Section 9: Booking platform

Fox Trailer Hire uses third-party technology providers to operate online booking, payments, messaging, and related features. Any sales and hires you make are made directly with Fox Trailer Hire. Those technology providers are not a party to your hire agreement and are not responsible for products or services you hire from us, except as required by law or their own terms with us.

Section 10: Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy. Information you submit may be transmitted to and processed by our service providers, which may be located in countries other than where you reside, in order to provide the Services.

Section 11: Feedback

If you submit ideas, suggestions, feedback, reviews, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use to operate and improve the Services.

You represent that you own or have all necessary rights to Feedback you submit, and that Feedback will comply with these Terms. We have no obligation to keep Feedback confidential, pay for it, or respond to it.

Section 12: Errors, inaccuracies and omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability, pickup or return details. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information is inaccurate at any time without prior notice (including after you have submitted a booking).

Section 13: Prohibited uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable law; (c) to infringe intellectual property rights; (d) to harass, abuse, defame, or harm any person; (e) to transmit false or misleading information; (f) to spam or solicit; (g) to impersonate any person or entity; or (h) to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services.

In addition, you agree not to upload or transmit malware; scrape or use automated means to access the Services without permission; or interfere with security or access controls. We may suspend or terminate access if we determine you have violated these Terms.

Section 14: Agents and automated access

If you use software or services that take autonomous or semi-autonomous action on your behalf ("Agents") to access the Services, those Agents must identify themselves honestly, must not conceal automated access, and must not circumvent measures intended to distinguish human from computer use. We may limit how Agents access the Services.

Section 15: Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will continue to apply.

Section 16: Disclaimer of warranties

The information presented on or through the Services is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY Fox Trailer Hire, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 17: Limitation of liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Fox Trailer Hire, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS HIRED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

This section does not limit or exclude liability for death or personal injury caused by our gross negligence or wilful misconduct, or any other liability that cannot be limited or excluded under applicable law.

Section 18: Indemnification

You agree to indemnify, defend and hold harmless Fox Trailer Hire and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services, except to the extent such losses, damages, liabilities or claims arise from our gross negligence or wilful misconduct.

Section 19: Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 20: Waiver; entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements between you and us.

Section 21: Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22: Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where Fox Trailer Hire is headquartered, without regard to conflict of law principles, except where mandatory local consumer law applies.

Section 23: Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24: Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates on our website. It is your responsibility to check periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes, except where applicable law requires otherwise.

Section 25: Contact information

Questions about the Terms of Service should be sent to us at foxtrailerhire@gmail.com.