These are the terms and conditions (the “Terms”) which will apply to your use of the Website (as defined below) and on which we (as defined below) will supply the Service (as defined below) to the person who proposes to use or is using the Service (being “ you” (and “ your” shall be construed accordingly).
1. Interpretation of these Terms
1.1 In these Terms:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Website;
“Dispute” has the meaning given to it in clause 11.8 hereof;
“Ireland” means the Republic of Ireland;
“parties” means, together, you and us;
“Privacy and Cookies Policy” means the terms and conditions relating to how we look after your personal information, as may be amended from time to time, as made available to you via the Website;
“Service” means the:
(a) provision of the Website and its use, access or browsing by you
“Website” means www.Bogadh.ie
.
1.2 In these Terms, the expression “written” shall be deemed to include email.
1.3 The headings in these Terms will not form part of these Terms and will not affect their interpretation.
1.4 The rule known as the ejusdem generis rule shall not apply to these Terms and accordingly general words introduced by the word “other”, “including”, “include” or “in particular” or any similar expression shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things and shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. Your responsibilities under these Terms
In order to use the Website and Service you:
(a) must be 13 years old or over and have an address in Ireland;
(b) must ensure that all information and details (in particular your email address and telephone number) you provide to us are true, accurate, complete and current, and that you disclose all relevant facts to us whether specifically requested or not; and
3. Our relationship with you
3.1 We do not currently provide services to business customers. For this reason, our Website and Services are provided for your non-commercial, personal use only and not for business purposes. You may access our Services only through our Website, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or mine data from our Website.
3.6 Our Website and emails may include third-party advertisements. The appearance of an advertisement does not mean that we endorse the advertiser’s goods or services. While we will not knowingly run an advert that is untrue, we are not responsible for the accuracy of any advertising material or the usefulness of an advertised product or service.
4. Termination
4.1 We shall be entitled to terminate your use of the Service at any time by written notice to you if you are in breach of these Terms, including (without limitation) in the event that you provide us with false or misleading information in connection with the Service or if you are in breach of any of your obligations under these Terms or if you use the Service for purposes not permitted hereunder. We may also terminate or suspend your use of the Service if for any technical or legal reasons we are prevented from delivering the Service.
4.2 You may not use our Service:
I. in any way that breaches any applicable local, national or international law or regulation;
II. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
III. to send, knowingly receive, upload, download, copy, use or re-use any material which may be viewed as not being in the spirit of our Service and our values;
IV. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
V. 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.
4.3 Without prejudice to the foregoing provisions of this clause 4, we may (in our absolute discretion) cancel, withdraw or suspend the Service (and accordingly terminate your use thereof) at any time for any reason (including (without limitation) any business reason, technical reason or legal reason).
5. Fees
We do not charge you any fees for providing the Service to you. We provide the Service to you in consideration of the mutual promises set out in these Terms.
6. Personal data
6.1 Our use of any personal data you provide to us will be governed by our Privacy and Cookies Policy.
7. Our Liability
7.1 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy, though we try to make it as accurate as possible. Without prejudice to the generality of the foregoing, we do not monitor, verify or endorse data, material and information submitted or provided by third parties
7.2 To the fullest extent possible, we are not liable to you for any loss or damage (even if we have been forewarned of the possibility of such loss or damage or such loss or damage was otherwise foreseeable), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection your use of the Website and/or the Service. If, notwithstanding the foregoing provisions of this clause and/or any other provisions of these Terms, we are found to be liable to you for any damage or loss (including (without limitation) through negligence) which arises in any way out of, or is in any way connected with, your use of the Website and/or the Service, our liability (save as prohibited by law) shall in no event exceed €100.
7.3 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 product, computer programs, data or other proprietary material due to your use of our Service and/or the Website or to your downloading of any material posted on our Website, or on any website linked to it..
7.4 Links to other sites may be included on our Website. Unless expressly stated, these sites are not under our control. Without limiting our ability to provide the Service, we neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site in these Terms or on our Website is for information only and does not imply any endorsement of the websites themselves or of those in control of them. Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website, which will be different from these Terms and our Privacy and Cookies Policy.
7.5 We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy.
7.6 Without prejudice to the other provisions of this clause, we do not accept, and expressly exclude, responsibility for any and all liabilities incurred by you or by any third party,
7.11 You are obliged to take reasonable steps to mitigate/reduce any loss that is or may be suffered by you.
7.12 You agree to indemnify, defend, and hold us harmless against any liability arising directly or indirectly from (i) any material you post (including, without limitation, any liability relating to a breach any other person’s intellectual property rights or your failure to comply with any law); (ii) any breach or violation by you of your obligations to us under these Terms;
8. Intellectual Property
8.1 We are the owner or licensee of all intellectual property rights in the Website, information and Content available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website and the underlying source code. Certain information and Content is protected by copyright, trademark, database rights, design rights designs (including in the “look and feel” and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trademarks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved. You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or Content on this Website. Any such use of an automated program is prohibited and shall be a breach of these Terms.
8.2 You may not reproduce, republish, transmit or distribute any material, information or Content on the Website, or that form part of our Service, without our prior written consent. However, you are granted a limited right to access and use the Website and our Service, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and our Service only. We reserve the right, in our sole discretion and without notice to you, to terminate such licence and to prevent future access by you to the Website.
9. Complaints
We always aim to provide you with the best service possible. However, if you wish to make a complaint or have other queries relating to the Service, please write to us by email to: info(at)bogadh.ie
10. Data, updates and amendments
10.1 We aim to update our Website regularly and may change the Content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the materials on our Website may be out of date at any given time, and we are under no obligation to update such material.
10.2 We reserve the right, from time to time, to change these Terms (whether in response to any change in applicable law or regulation or otherwise). The Terms that are applicable to your use of the Service will be the version that is displayed on our Website at each date you access the Service.
11. General
11.1 We reserve the right to suspend or terminate part or all of the Service, including in order to:
I. deal with faults, conduct maintenance or introduce new facilities or services;
II. update the Website and/or our systems; and
III. deal with unforeseen events and incidents beyond our reasonable control, which may include (without limitation) lightning, flood, severe weather, fire, explosion, terrorist activities, or failure of public or private telecommunications networks and any acts of government or other competent authority, or industrial disputes.
11.2 You may not assign or transfer the benefit of these Terms or your rights hereunder to any person except with our express written consent. We shall be entitled to transfer the benefit of these Terms or rights under these Terms (in whole or in part), subject to our obligations hereunder, to any member of our group or to any person acquiring our business and such transfer shall be effective upon notice being given to you.
11.3 Each provision of these Terms operates separately. If any court or relevant authority decides that it is unlawful, the remaining provisions will remain in full force and effect.
11.4 Nothing in these Terms constitutes a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
11.5 We shall not be liable for any breach of our obligations under these Terms and/or the Privacy and Cookie Policy where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
11.6 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in relation to you breaching these Terms, that will not mean that you do not have to do these things and it will not prevent us taking steps against you at a later date.
11.7 These Terms constitute the entire agreement between the parties and supersede all other agreements, statements, letters and other arrangements between the parties in relation to the subject matter hereof. You acknowledge that you have not relied on or been induced to enter these Terms by a representation other than those expressly set out in these Terms. This clause 11.7 does not affect a party’s liability in respect of a fraudulent misrepresentation.
11.8 These Terms and any dispute or claim arising out of or in connection with them or their subject matter, formation, existence, negotiation, validity, termination or enforceability (including non-contractual obligations, disputes or claims) (“Dispute”) shall be governed by and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the courts of Ireland in relation to any Dispute between them.