iclick.ie (the "Site") is an online information service provided by iclick.ie, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site.
iclick.ie may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
Non-Irish Residents: The iclick.ie web site is for the use of residents of Ireland. Residents of other countries may access and use the iclick.ie web site, however they do so at their own risk and it is their sole responsibility to ensure that accessing and using the iclick.ie web site does not contravene their local laws.
1. Copyright, Licenses and Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are iclick.ie. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software, unless solely for your own non-commercial use.
You agree to grant to iclick.ie a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by e-mail to iclick.ie by all means and in any media now known or hereafter developed. You also grant to iclick.ie the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against iclick.ie for any alleged or actual infringement or misappropriation of any proprietary right in your communications to iclick.ie.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of iclick.ie. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by iclick.ie, iclick.ie does not operate, control or endorse any information, products or services on the Internet in any way. Except for iclick.ie identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with iclick.ie
You also understand that iclick.ie cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. Iclick.ie provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and iclick.ie shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Iclick.ie does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
iclick.ie does not make any warranty, guarantee nor any representation regarding the quality of or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies on the iclick.ie web site. iclick.ie shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. iclick.ie has no control over and accepts no responsibility whatsoever for such materials.
Unlawful or prohibited use
You hereby acknowledge and warrant to iclick.ie that you will not use the iclick.ie web site for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use the iclick.ie web site in any manner which would damage, disable, overburden or impair the iclick.ie web site or interfere with any other party's use and enjoyment of the iclick.ie web site and you may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the iclick.ie web site.
You hereby agree that you will not utilise the contact details of advertisers to canvas or sell to them.
You hereby agree and warrant that you will not publish, post, upload, distribute or disseminate any material or information on the iclick.ie web site that infringes any copyright or intellectual property rights of any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable and facilitates or promotes illegal activity, depicts sexually explicit images or promotes violence or discrimination.
3 . LIMITATION OF LIABILITY
IN NO EVENT WILL iclick.ie BE LIABLE FOR
(I) Any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information,
(II) Transactions provided on the service, or downloaded from the service, or any delay of such information or service.
iclick.ie or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, iclick.ie liability is limited to the greatest extent permitted by law.
4 . "Linked Sites"
Links included within the iclick.ie web site may let you leave the iclick.ie web site and enter into other web sites ("linked sites"). The linked sites are not under the control of iclick.ie and iclick.ie is not responsible for the content of any linked sites or any link contained in a linked site or any changes or updates to such sites. iclick.ie is not responsible for web casting or any other form of transmission received from any linked site. iclick.ie is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by iclick.ie of the site or any association with their operators.
In addition, a link to a iclick.ie web site does not mean that iclick.ie endorses or accepts any responsibility for the content, or the use, of such web site.
Your correspondence or dealings with, or participation in promotions and/or advertisers found on or through the iclick.ie web site are solely between you and such advertiser. You agree that iclick.ie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the iclick.ie web site.
5. Personal, Non-Automated Use Only
You may use the Site for your own personal, non-commercial use only. You may not access the site with any automated software. If you would like to use our services for a commercial purpose, or in any way that is different to how they are presented on the Site, you must first obtain our explicit approval.
You agree to indemnify, defend and hold harmless iclick.ie, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
7. Third Party Rights.
The provisions of paragraphs of the contents herein are for the benefit of iclick.ie and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. Term Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 to 8 above and 9 to 13 below shall survive any termination of this Agreement.
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
If you are dissatisfied with the iclick.ie web site or any information posted thereon, or with any term or condition of this Agreement, your sole and exclusive remedy is to discontinue using the iclick.ie web site.
iclick.ie may assign its rights and duties under this Agreement to any party at any time without notice to you.
12. Governing Law
This Agreement shall all be governed and construed in accordance with the laws of Ireland applicable to agreements made and to be performed in Ireland. You agree that any legal action or proceeding between iclick.ie and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Ireland.
Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
iclick.ie's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
13. Reservation of rights
Any rights not expressly granted herein are reserved.