Terms & Conditions

FCR MEDIA LIMITED – GENERAL TERMS AND CONDITIONS

 

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS THE TERMS OF USE OR THE “TERMS AND CONDITIONS” AND SUCH TERMS AND REFERENCES SHALL BE USED INTERCHANGIABLY). BY ACCESSING OR USING THIS WEBSITE AND/OR ALL OR ANY PART OF THE SERVICES ON THIS WEBSITE OR ANY OF THE PLATFORMS; SERVICES; PRODUCTS OR OTHER WEBSITES (EACH A “WEBSITE” AND TOGETHER THE “WEBSITES”) REFERRED TO HEREIN AND THROUGHOUT, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AND AS SHALL BE AMENDED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ANY OF THE PLATFORMS; SERVICES; PRODCUTS OR OTHER WEBSITES REFERRED TO HEREIN AND THROUGHOUT. WE MAY CHANGE MODIFY OR AMEND AND RESERVE THE RIGHT TO CHANGE; MODIFY OR AMEND THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND YOUR CONTINUED ACCESS TO AND OF AND USE OF THIS WEBSITE OR ANY OF THE PLATFORMS; SERVICES; PRODUCTS OR OTHER WEBSITES REFERRED TO HEREIN AND THROUGHOUT SHALL CONSTITUTE YOUR ACCEPTANCE OF AND CONTINUED ACCEPTANCE OF THE THESE TERMS AND CONDITIONS AS MAY BE CHANGED; MODIFIED OR AMENDED AT ANY TIME. YOU SHOULD CHECK THESE TERMS AND CONDITIONS EACH TIME YOU ACCESS OR USE THIS WEBSITE TO IDENTIFY CHANGES; AMENDMENTS OR MODIFICATIONS THAT MAY HAVE BEEN MADE AND YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS IN FULL EACH AND EVERY TIME YOU USE OR ACCESS OR BROWSE THIS WEBSITE OR ANY OF THE PLATFORMS; SERVICES; PRODUCTS OR OTHER WEBSITES REFERRED TO HEREINANDTHROUGHOUT.

FCR Media Limited, whose head office is at Fumbally Square, Fumbally Lane, Dublin 8. D08 XYA5 , is a limited liability company incorporated in Ireland and is a company that trades; provides its products and/or services and operates its businesses under the following names, amongst others, Goldenpages; goldenpages.ie; GetHotels; GetHotels.ie; GetSold; GetSold.ie; GetDeals; GetDeals.ie; GetDomains; GetDomains.ie; GetHosting; GetHosting.ie; ListingManager; Sayso; Sayso.ie; Medguru.ie; Snaplocal.co.uk; Snapsync; Snapsync.ie; Snapsync.co.uk and where applicable, eircomphonebook; and eircomphonebook.ie.

 

References to FCR Media Limited and/or “we” and/or “us” and/or “our” herein shall include and be deemed to include references to Goldenpages; goldenpages.ie; GetHotels; GetHotels.ie; GetSold; GetSold.ie; GetDeals; GetDeals.ie; GetDomains; GetDomains.ie; GetHosting; GetHosting.ie;ListingManager; Sayso; Sayso.ie; Medguru.ie; Snaplocal.co.uk; Snaplocal.co.uk; Snapsync; Snapsync.ie; Snapsync.co.uk and where applicable, eircomphonebook and eircomphonebook.ie or any of them as the case may be and as the context so requires. The Terms and Conditions govern the relationship between FCR Media Limited and you, the “user” and references to “you” and “user” and “applicant” and “person” and “party” shall be interpreted and construed accordingly as the context so requires.

 

In these Terms and Conditions, references to the singular shall include the plural and vice versa. Any reference to a statute or statutory provision includes a reference to it as from time to time amended, extended or re-enacted. The headings in these Terms and Conditions are inserted for convenience only and do not affect its construction or interpretation. The expressions “include”, “includes”, “including”, “in particular” and similar expressions shall be construed without limitation.

 

 

 

1. Acceptance of Terms and Conditions

This Website or any of the platforms; services or other websites referred to herein and throughout (“Website”) and all platforms; services; materials; websites and information relating to this Website or any of the platforms; services or other websites referred to herein and throughout and the other websites and services set out below and herein contemplated is owned, controlled and operated by FCR Media Limited, trading as any or all of Goldenpages; goldenpages.ie; GetHotels; GetHotels.ie; GetSold; GetSold.ie; GetDeals; GetDeals.ie; GetDomains; GetDomains.ie; GetHosting; GetHosting.ie; ListingManager; Sayso; Sayso.ie; Medguru.ie; Snaplocal.co.uk; Snapsync; Snapsync.ie; Snapsync.co.uk; and where applicable, eircomphonebook and eircomphonebook.ie as the case may be and as the context so requires. Your use of and your continued and ongoing use of this Website or any of the platforms; services or other websites referred to herein and throughout is subject to the Terms and Conditions and by accessing and using this Website or any of the platforms; services or other websites referred to herein and throughout you agree that you are signifying your agreement to be bound by the Terms and Conditions. These Terms and Conditions strictly binds all users as well as any party; parties or person(s) who access this Website or any of the platforms; services; products or other websites referred to herein and throughout to the terms herein in all circumstances and all users as well as any party; parties or person(s) who access this Website or any of the platforms; services; products or other websites referred to herein and throughout agree to be fully bound by these Terms and Conditions. If you do not read or if you disagree with any aspect of these Terms and Conditions, you should not use this Website or any of the platforms; services; products or other websites referred to herein and throughout. Your use of and continued use of this Website or any of the platforms; services; products or other websites referred to herein and throughout signifies your agreement and ongoing agreement to be bound by these Terms and Conditions in whatever capacity you use and/or access this Website or any of the platforms; services; products or other websites referred to herein and throughout and howsoever and by whatever means you use and/or access this Website or any of the platforms; services; products or other websites referred to herein and throughout. By using this Website or any of the platforms; services; products or other websites referred to herein and throughout, you acknowledge that you have read, understood and fully agree to our Terms and Conditions and to be bound by our Terms and Conditions.

 

2. Change to Terms and Conditions

FCR Media Limited may (and is fully entitled to) modify; amend; change or terminate any of Terms and Conditions and/or any of the facilities and/or any of the services offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout any through any of the platforms and other websites herein contained at any time and from time to time, for any reason and without notice and without any liability to you; any other user or any third party. We reserve the right to change the content, presentation, performance, user facilities and/or availability of this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of this Website or any of the platforms; services; products or other websites referred to herein and throughout at our sole discretion, including changing these Terms and Conditions at any time and from time to time. Please ensure that you review this Website or any of the platforms; services; products or other websites referred to herein and throughout and the Terms and Conditions for any updates and changes each time you access this Website or any of the platforms; services; products or other websites referred to herein and throughout. Your continued use of the Website shall signify your acceptance of any amendments; modifications; changes or revisions to our Terms and Conditions.

 

3. Acceptance of Terms and Conditions/Changes to Terms and Conditions

Each time you use or access this Website or any of the platforms; services; products or other websites referred to herein and throughout, whether you are a registered user or not, you agree to be bound by these Terms and Conditions and such amendments and/or changes and/or modifications that may be made at any time and from time to time with or without notice to you. In addition, if you are using a particular service or services; products on or through this Website or any of the platforms; services; products or other websites referred to herein and throughout, you acknowledge and accept that you will be subject to any rules or guidelines applicable to those services; products and the rules and/or guidelines applicable to those services; products shall be incorporated into, form part of and be read in conjunction with these Terms and Conditions. If you are a registered user of this Website or any of the platforms; services; products or other websites referred to herein and throughout and by using a continuing to use this Website or any of the platforms; services; products or other websites referred to herein and throughout and intended to be hereby and herein contained, you all times to agree and acknowledge that you are bound to these Terms and Conditions (as may be amended from time to time with or without notice to you) and your use of or access to and/or ongoing use of or access to this Website or any of the platforms; services; products or other websites referred to herein and throughout signifies your ongoing and continued acceptance of the Terms and Conditions.

 

4. Your Statutory Rights

Nothing contemplated by this Website or any of the platforms; services; products or other websites referred to herein and throughout or by the service and/or services; products that we provide shall affect your Statutory Rights as a consumer under Irish consumer legislation.

 

5. Privacy Policy

FCR Media respects and protects your right to privacy in relation to your interactions with this Website. We have adopted the following policies to safeguard your personal information and to protect its confidentiality. Any information which is provided by you to FCR Media via this Website or otherwise will be treated in accordance with the terms of the Data Protection Acts 1988 and 2003 and/or such amending or replacement legislation as may be adopted in Ireland from time to time. We encourage you to read this Privacy Policy before using this Website. This Privacy Policy strictly binds all users; subscribers; merchants; purchasers as well as any party; parties or person(s) who access this Website to the terms herein in all circumstances and all users; subscribers; merchants; purchasers as well as any party; parties or person(s) who access this Website agree to be fully bound by this Privacy Policy. If you do not read or if you disagree with any aspect of the Privacy Policy, you should not use this Website. Your use of and continued use of this Website signifies your agreement and ongoing agreement to be bound by the terms of this Privacy Policy in whatever capacity you use and/or access this Website.

 

Cookies

This Website or any of the platforms; services; products or other websites referred to herein and throughout use “cookies”. A cookie is an alpha-numeric identifier which we transfer to your hard-drive through your web browser when you visit this Website or any of the platforms; services; products or other websites referred to herein and throughout. It enables our own systems to recognise you when you visit this Website or any of the platforms; services; products or other websites referred to herein and throughout again and improve our service to you. Cookies may also be used to compile aggregate information about areas of this Website or any of the platforms; services; products or other websites referred to herein and throughout that are visited most frequently.

 

This traffic information can be used to enhance the content of this Website or any of the platforms; services; products or other websites referred to herein and throughout thereby making use of this Website or any of the platforms; services; products or other websites referred to herein and throughout easier for users. We do not track which pages you look at while visiting this Website or any of the platforms; services; products or other websites referred to herein and throughout. If you wish to reject our cookies, you can configure your browser to do so.

There are a number of different types of cookies.

 

One type of cookie is a ‘first party’ cookie which may be set by Websites that you visit and which can be only read by that Website you are visiting. Another type of cookie is a ‘third party’ cookie which may be set by the other websites who run content on the page or pages that you are viewing.

 

There are also other types of cookies which may be saved to your computer, such as ‘persistent’ cookies or ‘flash’ cookies. For example, ‘persistent’ cookies which we may use are used by us to store your preferences so that your preferences are remembered for your next visit.

 

By continuing to use this Website or any of the platforms; services; products or other websites referred to herein and throughout you agree that the information contained within these cookies may be used by us in order to enhance your user experience so that we can provide an enhanced service to you.

 

It is possible to block some or all cookies and you should refer to your internet browser in relation thereto. By referring to your internet browser, that you can configure your browser to block or limit cookies. Should you wish not to receive cookies through the use of this Website or any of the platforms; services; products or other websites referred to herein and throughout, you can modify your internet browser so that it notifies you when cookies are put into your browser. You are also in a position to configure your internet browser to delete cookies that have already been set.

 

By continuing to use this Website or any of the platforms; services; products or other websites referred to herein and throughout you are subject to and agree to our Terms and Conditions and you agree to the use of cookies that we use. More information about cookies can be found onwww.aboutcookies.org & www.allaboutcookies.org

 

Link to Third Party Sites

Please be aware that where or when you link to another website from this website, FCR Media has no control over that third party website. Accordingly, we shall not and cannot guarantee that the controller of that website will respect your privacy in the same manner as FCR Media. We do not own or control such third party websites and only provide links to other locations on the internet for information purposes. Access to any other website through this website is at your own risk. Your use of third party websites is subject to the terms of use and terms and conditions contained within each of those third party websites. We are not liable or responsible for the accuracy of any information, data, opinions or statements on these websites or the security of any link or communication with those websites. The fact that we provide a link to a third party website does not mean that we endorse, authorise or sponsor that website.

 

Collection and use of information

When registering with FCR Media you will be asked to provide some personal information. Personal data that is collected will only be used for the purposes for which it was provided by you. FCR Media will not provide your Personal data to any third parties without your prior consent except for the purposes of validating information and collecting debts, unless we reasonably believe that we are required to do so by operation of law. We reserve the right at all times to contact you in relation to the services; products provided on this Website. If at any time after giving us this information you decide that you no longer wish us to hold or use this information, or in the case that the information becomes out of date, you are free to notify us, and we will endeavour to remove or rectify the information promptly. We use your personal information to identify you as a customer, to process your advertisement and to deliver relevant information to you in connection with your advertisement. Personal information about you will not be given or sold to any third parties for use in its marketing or solicitation without your consent. Such information is only collected from you if you submit it to us, and is only kept for as long as it is required for us to provide you with a high quality service, to comply with law or our contractual obligations or for reasonable record-keeping purposes.

 

Additionally, if FCR Media so determines at its sole discretion, we may use your email address to contact you on behalf of interested parties wishing to respond to your advertisements by email regardless of the capacity in which you use this Website. If appropriate, we may use your advertisements, and the advertisements that you view to personalise the Website and identify popular sections. We may also display recently posted advertisements and recently sold goods to users and subscribers of FCR Media.

 

You also acknowledge and agree that in certain circumstances we may be obliged to disclose personal information relating to you to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, as well as to protect and defend the rights of FCR Media, and/or our customers.

 

Reviews

As a User, you are hereby authorised to write reviews. However, you hereby acknowledge and accept in full that any such views or opinions that are contained within a review or reviews or otherwise are not the views or opinions of FCR Media Limited. You fully acknowledge that you are responsible for the Content of your reviews and for the impact that your Content, views or opinions may have on any other party and/or other user.

 

You acknowledge and accept that by being a User and/or that by using or accessing Content on our website, that any views or opinions expressed are solely the views and opinions of the author or User (as the case may be) and such views or opinions may not be used against FCR Media Limited by any User and/or third party and/or other user for any reason whatsoever.

 

You acknowledge and accept that Content, Your Content, User Content and Third Party Content are not and do not represent the views and/or opinions of FCR Media Limited.

 

Your use of others information

You agree that, with respect to other users’ personal information which you obtain through this Website, or as a result of any related communication or transaction, FCR Media hereby grants you a licence to use this information only for:

(a) FCR Media related communications that are not unsolicited commercial messages; or

(b) any purpose that the data subject expressly agrees to after you tell them the purpose you would like to use this personal information for.

 

Under no circumstances (except with the user’s express consent) may you disclose personal information about another user to any third party without the consent of that user. You agree that other users may use your personal information to communicate with you in order to facilitate transactions as set out in this Website.

 

Except as otherwise set out in this Privacy Policy this policy only addresses the use and disclosure of information that FCR Media collects from you. To the extent that you disclose your information to other parties (for example to buyers or sellers on this Website or to other websites throughout the internet) a different privacy statement may apply to their use or disclosure of the information disclosed to them. As FCR Media cannot control the privacy policies of third parties, you should be aware that you will be subject to the privacy policies of that third party.

 

Access to your personal information

You have the right to request a copy of the information which we hold about you (for which we may charge you a small fee) and to have inaccuracies in the information corrected. You can change your registration information including unsubscribing for communications in writing to info@fcrmedia.ie.

 

Use of technical information

While using this Website, you may have the opportunity to send us information relating to you such as through the “Contact” page, via an email query or by placing an advertisement online or where you send emails. By participating, you will be providing us with some level of personal information relating to you. This information will only be used by FCR Media for the purpose for which it was provided by you or for verification purposes and statistical analysis. We use Secure Socket Layer (“SSL”) technology. Due to the nature of the internet, we cannot guarantee the protection of your Personal data and therefore we are not responsible for any loss or damage resulting to you when the Website is used. You should be aware that each time you visit a website, two general levels of information about your visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the Website and the second is information which is personal or particular to a specific visitor who knowingly chooses to provide that information. The statistical and analytical information provides us with a general and non-individual specific information about the number of people who visit this Website; the number of people who return to the Website; the pages that they visit; and where they were before they came to the Website and the page in the Website at which they exited. This information helps us monitor traffic on a website so that we can manage the Website’s capacity and efficiency. This type of non-personal information and data can be collected through the standard operation for internet servers and logs as well as “cookies”.

 

Change of ownership

In the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of FCR Media Limited t/a FCR Media provided that the third party agrees to adhere to the terms of the Website Privacy Policy then we reserve the right to transfer information (including your Personal data) to a third party and provided that the third party only uses your Personal data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

 

Disclaimer

FCR Media Limited, its directors, employees, servants and agents, affiliates or other representatives and their respective parent and subsidiary companies, shall not be liable in respect of any claims, emergencies, demands, causes of action, damages, losses, expenses, including without limitation, reasonable legal fees and costs of proceedings arising out of or in connection with the use and/or dissemination of personal information relating to you in accordance with this Privacy Policy and your consents.

 

Amendments

FCR Media reserves the right in its sole discretion to amend this Privacy Policy at any time, and you should regularly check this Privacy Policy for any amendments.

 

Questions or comments

If you have any questions, concerns, comments or complaints about this Privacy Policy and/or our collection or use of personal information, or if you wish us to stop processing your personal information for any particular purpose or purposes, then please contact us at info@fcrmedia.ie.

 

 

 

6. Personal Information

You agree that by using this Website or any of the platforms; services; products or other websites referred to herein and throughout you may provide us with personal information such as your name, address, e-mail address(es) and other contact details or personal information. Through the use of the services; products provided on this Website or any of the platforms; services; products or other websites referred to herein and throughout and thereby your agreement to our Terms and Conditions, you agree that we shall be in a position to use this personal information to assist us in improving our services to you. Whilst we do not share this personal information with any third party or parties unless required to do so by operation of law or in accordance with the terms of Data Protection legislation, by using this Website or any of the platforms; services; products or other websites referred to herein and throughout and thereby agreeing to our Terms and Conditions, you consent to us processing this personal information for the purposes of enhancing your enjoyment of this Website or any of the platforms; services; products or other websites referred to herein and throughout and in order that we can enhance your experience as a user.

 

You fully authorise FCR Media Limited to use this data (personal and otherwise) in its entirety and further authorise FCR Media Limited to share this data across all of the FCR Media Limited properties; platforms; products; and services; products. All data and information will be free for FCR Media Limited to use in line with FCR Media Limited’s Privacy Policy and for any other marketing or service enhancing activities at FCR Media Limited’s sole discretion. For the avoidance of doubt, all use of this data or information shall be in compliance with the Data Protection Acts 1988 and 2003.

 

You consent to us to providing this personal information to any of our successors and/or assignees and/or any of our relevant businesses. Please refer to and review our Privacy Policy for more details.

 

7. Intellectual Property; Copyright Notice and Limited Licence

“Intellectual Property” means, amongst other things (i) patents, trade marks, service marks, registered designs, utility models, petty patents, design rights, trade or business names, copyrights, database rights, logos, get-up and topography rights, inventions, rights to and in trade secrets and other confidential information and know-how (whether or not any of these is registered or capable of registration and all rights to apply for registration or other protection of, or to claim priority in, relation to any of the above; and (ii) all other intellectual property and neighbouring rights and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of the above in any part of the world; and

 

“Intellectual Property Rights” means the Intellectual Property which, or the subject matter of which, is used or intended to be used on this Website or any of the platforms; services; products or other websites referred to herein and throughout.

 

All of the information, content, graphics, text, logos, images contained in this Website or any of the platforms; services; products or other websites referred to herein and throughout are protected by copyright, trademark, database rights, sui generis rights and other intellectual property laws, under national laws and international treaties. FCR Media Limited and/or its licensors (as the case may be) retains all rights, title, interest and Intellectual Property Rights in and to the materials relating to all matters set out herein. Any other use of the materials on this Website or any of the platforms; services; products or other websites referred to herein and throughout, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of FCR Media Limited is strictly prohibited and is a violation of the proprietary and intellectual rights of FCR Media Limited. Other than as expressly provided herein, nothing in these Terms and Conditions should or shall be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trademark, database right, sui generis right or other Intellectual Property Rights or proprietary interest of FCR Media Limited, its licensors or any third party.

 

8. Indemnity

You agree to defend, indemnify and hold FCR Media Limited and (as applicable) its officers; directors; employees; agents; subsidiaries; affiliates and any of our third party information service providers or other representatives harmless against any and all claims demands, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms and Conditions or any claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of this Website or any of the platforms; services; products or other websites referred to herein and throughout, including but not limited to posting content on this Website or any of the platforms; services; products or other websites referred to herein and throughout, entering into transactions with other websites users, contacting others as a result of their postings on this Website or any of the platforms; services; products or other websites referred to herein and throughout, infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach of these Terms and Conditions.

 

9. Disclaimer of Warranties

You understand and agree that your use of this Website or any of the platforms; services; products; products or other websites referred to herein and throughout and any services; products or content provided is made available and provided to you at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, and reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

 

10. Jurisdiction and Governing Law

This Website or any of the platforms; services; products or other websites referred to herein and throughout is controlled and operated by FCR Media Limited from Ireland. FCR Media Limited does not make any representations that the facilities, services; products and/or materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout are appropriate or suitable for use in countries other than Ireland or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Website or any of the platforms; services; products or other websites referred to herein and throughout, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Website or any of the platforms; services; products or other websites referred to herein and throughout, facilities, services; products and/or Materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise, this Website or any of the platforms; services; products or other websites referred to herein and throughout, the facilities, services; products and/or Materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of them are not directed at you). These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of FCR Media Limited and without prejudice to the right of FCR Media Limited to take proceedings in relation to these Terms and Conditions before any court of competent jurisdiction, that courts of Ireland shall have the exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms and Conditions, or for such purposes you irrevocably summit to the jurisdiction of such courts.

 

11. Miscellaneous

Any waiver of any provision of these Terms and Conditions must be in writing signed by FCR Media Limited to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. If any court of competent jurisdiction finds any provision of these Terms and Conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding effecting the validity and enforceability of any remaining provision. These Terms and Conditions represent the entire understanding and agreement between you and FCR Media Limited relating to use of this Website or any of the platforms; services; products or other websites referred to herein and throughout, its facilities and/or services; products and supercede any and all prior statements, understandings and agreements whether oral or written, and shall not be modified except in writing, signed by you and by FCR Media Limited.

 

12. Data Protection

We shall use the data collected from you for the purpose of performing our obligations under the Agreement and for administration, risk assessment, marketing and credit checking purposes. We may, for these purposes, disclose your data to our agents, service providers and selected third parties at our sole discretion. Any of the information held by us in respect of your business or personal information (the “Information”) may be used by us in any other products or services; products it may provide and/or in carefully selected third party products or services; products which FCR Media Limited deems appropriate.

 

By using this Website or any of the platforms; services; products or other websites referred to herein and throughout and by continuing to browse and use this Website or any of the platforms; services; products or other websites referred to herein and throughout you are agreeing to allow FCR Media Limited to gather and collate your data as a user of this Website or any of the platforms; services; products or other websites referred to herein and throughout. You fully authorise FCR Media Limited to use this data (personal and otherwise) and Information in its and their entirety and further authorise FCR Media Limited to share this data and Information across all of the FCR Media Limited properties; products; platforms; services; products and websites. All data and information will be free for FCR Media Limited to use in line with FCR Media Limited’s Privacy Policy and for any other marketing or service enhancing activities at FCR Media Limited’s sole discretion. For the avoidance of doubt, all use of this data or information shall be in compliance with the Data Protection Acts 1988 and 2003.

 

13. Licence

FCR Media Limited grants you a personal, non-exclusive and non-transferable licence to access this Website and to use the information and other content provided on this Website subject to these Terms and Conditions. You shall not assign, dispose of, sub-licence or otherwise transfer this right.

 

14. Important Notice

Whilst your use of; access to and of; browsing of; registration with and general use of this Website or any of the platforms; services; products or other websites referred to herein and throughout are governed by these Terms and Conditions and any applicable term and condition and term of use as are set out above and below in respect of this Website or any of the platforms; services; products or other websites referred to herein (and same shall be construed accordingly), you agree to and accept and at all times agree to and accept that your use of; access to and of; browsing of; registration with and general use of this Website and/or all or any part of this Website or the platforms; products; services; and websites referred to herein and throughout howsoever and by whatever means you use and/or access this Website or any of the platforms; services; products or other websites referred to herein and throughout are governed by these Terms and Conditions. Where any conflict or discrepancy may arise, you acknowledge and accept in full that these Terms and Conditions and the terms and conditions and terms of use below shall be read in conjunction with each other and FCR Media Limited shall at all times reserve the right to determine at its sole discretion which applicable or relevant term or condition shall apply in any particular circumstance where a conflict or discrepancy may arise. By using and by continuing to use this Website and/or any of the platforms; services; products and other websites referred to herein and throughout, you grant FCR Media Limited the right to be the only party capable of making such a determination in that regard and its determination shall be conclusive.

 

FCR MEDIA LIMITED – BUSINESS CENTRE DEFINITIONS

“Business Centre” means the service whereby certain applicants can view online an overview of the performance of their advertisements on www.goldenpages.ie and www.eircomphonebook.ie.

 

FCR Media Limited owns the copyright and any other Intellectual Property Rights in the data provided by Business Centre.
Business Centre and the data contained therein may only be used for the purpose of viewing online the performance of the applicant’s advertisement and may not be used for any other purpose, to include, without limitation, copying the data or using the data for the creation of databases.
FCR Media Limited reserves the right to publish usage figures for the Business Centre.
FCR Media Limited may make changes to or remove data contained in the Business Centre or discontinue the service provided by Business Centre at any time without notice.
FCR Media Limited has taken the utmost care in collecting and updating the data provided by Business Centre but FCR Media Limited does not warrant the accuracy and completeness of the data contained in Business Centre and FCR Media Limited shall have no liability for any loss resulting from any omissions or errors in the data or from the use of the data in Business Centre.
FCR Media Limited does not warrant that the provision of Business Centre will be uninterrupted or error free.

BUSINESS CENTRE – TERMS AND CONDITIONS

The Business Centre is available free of charge for the sole purpose of online consultation. The information contained on the Business Centre website can only be used for personal purposes. It is strictly prohibited to copy or use the data contained therein for other purposes, namely commercial purposes such as mailings, the creation of databases, etc., without prior written consent of FCR Media Limited.
The data contained within this Website or any of the platforms; services; products or other websites referred to herein and throughout belongs to FCR Media Limited and we reserve the right to publish usage figures on any of our advertisers and make summary usage figures available to anyone FCR Media Limited deems appropriate.

FCR Media Limited has devoted the utmost care to collecting and updating the data recorded on the Business Centre website. However, should you become aware of errors contained in this data, please contact our customer service department by e-mail at hello@goldenpages.ie.

FCR Media Limited and its partners shall not be held liable under any circumstances for omissions or other material flaws contained in the information or which occur during the data processing. FCR Media Limited shall at all times and for any reason be entitled to modify or remove information contained on the Business Centre website without any prior notice to the user concerned. FCR Media Limited does not have to justify its decision or need to communicate a modification or removal to any user.

 

INSERT HYPERLINKS TO:

GetHotels – Terms and Conditions

GetSold – Terms and (User Agreement)

GetDomains – Services Agreement and Terms and Conditions

GetHosting – Services Agreement and Terms and Conditions

Sayso – Terms and Conditions

GetHotels – Terms and Conditions

Click here for Booking General Terms and Conditions

 

1. The Contract

If you continue to browse and use this Website or any of the platforms; services; products or other websites referred to herein and throughout you are agreeing to comply with and be bound by the following Terms and Conditions, which together with our Privacy Policy govern GetHotels’ relationship with you in relation to this Website or any of the platforms; services; products or other websites referred to herein and throughout.

The term “gethotels.ie” or GetHotels or “us” or “we” refers to the owner of the website whose registered office is Fumbally Square, Fumbally Lane, Dublin 8. D08 XYA5 . Our company registration number is 443509 and we are registered in Ireland. The term “you” refers to the user or viewer of this Website.

The use of this Website or any of the platforms; services; products or other websites referred to herein and throughout is subject to the following Terms and Conditions:

 

  • The content of the pages of this Website or any of the platforms; services; products or other websites referred to herein and throughout is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website or any of the platforms; services; products or other websites referred to herein and throughout for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this Website or any of the platforms; services; products or other websites referred to herein and throughout is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services; products or information available through this Website or any of the platforms; services; products or other websites referred to herein and throughout meet your specific requirements.
  • This Website or any of the platforms; services; products or other websites referred to herein and throughout contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
  • All trademarks reproduced in this Website or any of the platforms; services; products or other websites referred to herein and throughout, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this Website or any of the platforms; services; products or other websites referred to herein and throughout may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this Website or any of the platforms; services; products or other websites referred to herein and throughout may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this Website or any of the platforms; services; products or other websites referred to herein and throughout from another websites or document without GetHotels prior written consent.
  • Your use of this Website or any of the platforms; services; products or other websites referred to herein and throughout and any dispute arising out of such use of the website is subject to the laws of Ireland.

If you have any queries / difficulties in relation to your on-line booking, please contact GetHotels on 01 9010470 or info@gethotels.ie.

 

2. Disclaimer

Although every effort has been made to ensure the accuracy of the material contained in this Website or any of the platforms; services; products or other websites referred to herein and throughout, complete accuracy cannot be guaranteed. Please note that gethotels.ie reserve the right to alter the prices and holiday details advertised on this Website or any of the platforms; services; products or other websites referred to herein and throughout at any time. Errors and omissions excepted.

3. Terms and Conditions

Please ensure that you (referred to as the “User”, “you” or “your”) read these Terms and Conditions with care as they govern your use of and access to this Website. If you do not accept them, please do not use this Website. To users of this Website, the following provisions apply:

 

  1. This Website is owned and operated by gethotels.ie (referred to as “gethotels.ie “, “we”, “us” or “our”), which expression shall also include associated companies including, where the context requires, our third party suppliers and any other person involved with the provision or maintenance of this Website.
  2. The information provided on the pages of this Website, including these Terms and Conditions may not be up to date and is subject to change and revision by gethotels.ie from time to time without notification. Any such change or revision shall be made for bona fide operational technical or commercial reasons. You should periodically revisit this Website to review the then current information including these Terms and Conditions as you will be deemed to have accepted any changes if you continue to access this Website.
  3. While every effort has been made to ensure accuracy gethotels.ie cannot accept responsibility for errors or omissions. Neither gethotels.ie nor any third parties who may provide information to gethotels.ie for dissemination purposes shall have any responsibility for or be liable in respect of the content or the accuracy of the information so provided, or for any errors or omissions therein.
  4. In accessing this Website, the User accepts that information messages and electronic mail passing over the Internet may not be free from interference by third parties. Consequently, gethotels.ie cannot and shall not guarantee the privacy or confidentiality of any information relating to the User passing over the Internet. The User shall be responsible for the content of all communications to this Website, including its lawfulness, truthfulness and accuracy.
  5. All offers and quoted prices are subject to availability and to change – normal Terms and Conditions apply.

4. Accommodation and Rating Guide

Under our pricing section within our on-line booking facility, we have listed the official classification of properties within the EU. These include 2, 3 and 4 key properties and three star, four star and five star hotels. Please use this information as a general guide only as official categories in our opinion, are not really indicative of the standard of accommodation.

 

5. Privacy Policy

Introduction

We at the gethotels.ie respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2003. The purpose of this Website Privacy Policy is to outline how we deal with any Personal data you provide to us while visiting this Website. By visiting this Website, you are accepting the terms of this Website Privacy Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

 

Types of Information Collected

We retain two types of information:

 

(i) Personal Data: This is data that identifies you or can be used to identify, contact you or process services on your behalf and may include your name, address, email address, user IP addresses in circumstances where they have not been deleted, clipped or anonymised, telephone number, and billing information. Such information is only collected from you if you voluntarily submit it to us or have authorised us to obtain it.

(ii) Non-Personal data: Like most Websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our Website. This Non-Personal data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses where they have been clipped or anonymised, browser types and other anonymous statistical data involving the use of our Website.

 

Purposes for which we hold your Information

Non-Personal data

We use the Non-Personal data gathered from visitors to our Website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our Website.

 

Cookies

Please see General Terms and Conditions. More information about cookies can be found on www.aboutcookies.org & www.allaboutcookies.org.

 

Personal data

We will process any Personal data you provide to us for the following purposes:

  • to provide you with the services you have ordered;
  • to contact you if required in connection with your service order or to respond to any communications you might send to us;
  • to send you the gethotels.ie Newsletter and to communicate with you about gethotels.ie activities.

Disclosure of Information to Third Parties

We may provide Non-Personal data to third parties, where such information is combined with similar information of other users of our Website. For example, we might inform third parties regarding the number of unique users who visit our Website, the demographic breakdown of our community users of our Website, or the activities that visitors to our Website engage in while on our Website. The third parties to whom we may provide this information may include potential or actual advertisers, providers of advertising services (including Website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

We will not disclose your Personal data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil your service order (in such circumstances, the third party is bound by similar data protection requirements. We will disclose your Personal data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
We may disclose your information to our service providers (which could be located outside Ireland/EEA) for the purpose of providing you with our services, including your flight or holiday. We may also disclose your information to companies who act as “data processors” on our behalf. These purposes include administration, providing services (and contacting you where necessary), customer care, improving our service, business management and operation, re-organisation/structuring of our business (or our group companies), risk assessment, security and crime prevention/detection, research and analysis, marketing, monitoring, assessing customer purchasing preferences, dispute resolution, credit checking and debt collection.
Sensitive Personal data: Some of your Personal data may be considered “sensitive Personal data” under the Data Protection Acts 1988 and 2003. (This includes, for example, any information relating to health, religion, ethnic origin or political persuasion.)
Outside the European Economic Area (EEA), controls on data protection in such countries may not be as strong as the legal requirements in this country.

 

5. Sale of Business

We reserve the right to transfer information (including your Personal data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Policy and provided that the third party only uses your Personal data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

 

6. Security

Your Personal data is held on secured servers hosted by gethotels.ie and on secured servers at our premises. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal data.

 

7. Updating, Verifying and Deleting Personal data

You may inform us of any changes in your Personal data, and in accordance with our obligations under the Data Protection Acts 1988 and 2003; Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with regard to the Processing of Personal data and on the Free Movement of Such Data, and any implementing and/or amending legislation as may be adopted in Ireland from time to time, we will update or delete your Personal data accordingly. To find out what Personal data we hold on you or to have your Personal data updated, amended or removed from our database, please contact gethotels.ie on 01–9010470. Any such data subject requests may be subject to the prescribed fee.

 

8. Changes to the Website Privacy Policy

Any changes to this Website Privacy Policy will be posted on this Website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use Personal data in a manner significantly different from that stated in this Website Privacy Policy, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.

 

9. Charges in respect of a booking

Charges in respect of a booking on the gethotels.ie Website will appear on the Customer’s credit card or bank statement as coming from Travelpaysolutions.com, owned and operated by the Ark Travel Group Limited (ATG Ltd).

 

GETSOLD – TERMS AND CONDITIONS (USER AGREEMENT)

1. General

This Website or any of the platforms; services; products or other websites referred to herein and throughout is owned and operated by FCR Media Limited, trading as GetSold.ie (“GetSold.ie” or “we”) whose head office is at Fumbally Square, Fumbally Lane, Dublin 8. D08 XYA5 . Your use of this Website or any of the platforms; services; products or other websites referred to herein and throughout is subject to our Terms and Conditions set out below (“Terms and Conditions”), and by accessing and using this Website or any of the platforms; services; products or other websites referred to herein and throughout you are agreeing, and you are signifying your fully informed agreement to be bound by these Terms and Conditions and by using this Website or any of the platforms; services; products or other websites referred to herein and throughout you acknowledge and agree that you have read; fully understood and accepted the Terms and Conditions. If you do not read or agree our Terms and Conditions, you should not access or use this Website or any of the platforms; services; products or other websites referred to herein and throughout.

 

2. Liability for content

The content of this Website or any of the platforms; services; products or other websites referred to herein and throughout and our other sites is delivered with utmost diligence and care possible. However, GetSold.ie does not and cannot guarantee the accuracy, completeness, integrity and actuality of the content. In cases of declaration of violation of rights, GetSold.ie will delete the concerned content at the soonest possible time.

 

3. Change in Terms and Conditions

GetSold.ie may modify or terminate any facilities and/or services; products offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout from time to time, for any reason and without notice, and without liability to you, any other user or any third party. We reserve the right to change the content, presentation, performance, user facilities and/or availability of any part of this Website or any of the platforms; services; products or other websites referred to herein and throughout at its sole discretion, including these Terms and Conditions from time to time. You should check this page for any changes each time you access this Website or any of the platforms; services; products or other websites referred to herein and throughout. Your continued use of the Website will signify your acceptance of any revised Terms and Conditions.

 

4. Acceptance of Terms and Conditions and Amendments or Modifications

Each time you use or cause access to this Website or any of the platforms; services; products or other websites referred to herein and throughout, you agree to be bound by these Terms and Conditions, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this Website or any of the platforms; services; products or other websites referred to herein and throughout, you will be subject to any rules or guidelines applicable to those services; products and they shall be incorporated by reference into these Terms and Conditions.

 

5. Age and Responsibility

If you are under the age of 18, you may only use this Website or any of the platforms; services; products or other websites referred to herein and throughout in conjunction with and under the supervision of your parent(s) or guardian(s). By using this Website or any of the platforms; services; products or other websites referred to herein and throughout you understand that you are legally and financially responsible for all use of this Website or any of the platforms; services; products or other websites referred to herein and throughout by you and those using your log-on information. You agree to notify us immediately of any unauthorised use or any other breach of security. GetSold.ie shall in no way be responsible for any matters whatsoever or howsoever arising and relating to use of or access to this Website or any of the platforms; services; products or other websites referred to herein and throughout by a person or persons under the age of 18.

 

6. Use of Website

Unless otherwise specified, this Website or any of the platforms; services; products or other websites referred to herein and throughout and any of its facilities and/or services; products are for your personal and non-commercial use only. You may download, display or print part of this Website or any of the platforms; services; products or other websites referred to herein and throughout for your own personal, non-commercial use. You may save a copy of this page to your local hard disk for the purposes of creating one personal back-up copy. You agree not to copy, modify, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer or sell any information, software, products and services; products contained on or forming part of this Website or any of the platforms; services; products or other websites referred to herein and throughout, or otherwise use such content of this Website or any of the platforms; services; products or other websites referred to herein and throughout for resale, redistribution or for any other commercial use for including any surveys, contests or pyramid schemes, nor use the service to participate in or cause others to participate in sending chain letters, junk email, spam, duplicate or unsolicited communications. You will not use this Website or any of the platforms; services; products or other websites referred to herein and throughout or any of its facilities and/or services; products for any purpose that is unlawful or prohibited by these Terms and Conditions. You acknowledge that this Website or any of the platforms; services; products or other websites referred to herein and throughout has been specifically designed for use in the Republic of Ireland, and you agree not to use or access it in and from jurisdictions in which it or its contents are restricted or prohibited by local law. You will not use this Website or any of the platforms; services; products or other websites referred to herein and throughout in any manner which could damage, disable, overburden or impair this Website or any of the platforms; services; products or other websites referred to herein and throughout, its facilities and/or services; products or interfere with any other party’s use and/or enjoyment of this Website or any of the platforms; services; products or other websites referred to herein and throughout, its facilities and/or services; products. You may not attempt to gain unauthorised access to this Website or any of the platforms; services; products or other websites referred to herein and throughout, its facilities and/or services; products or any accounts, computer systems and networks connected to any FCR Media Limited website, its facilities and/or services; products through hacking, password miming or any other means. You agree not to use this Website or any of the platforms; services; products or other websites referred to herein and throughout to harvest or otherwise collect by any means any program material or information (including without limitation email addresses or details of other users) from this Website or any of the platforms; services; products or other websites referred to herein and throughout or as otherwise authorised under these Terms and Conditions or to monitor, mirror or copy any content of this Website or any of the platforms; services; products or other websites referred to herein and throughout without the prior written consent of FCR Media Limited. The pages contained in this Website or any of the platforms; services; products or other websites referred to herein and throughout may contain technical inaccuracies and typographical errors. The information in this Website or any of the platforms; services; products or other websites referred to herein and throughout may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date nor any liability for any failure to do so. FCR Media Limited makes no representation as to the accuracy, reliability or completeness of the contents of this Website or any of the platforms; services; products or other websites referred to herein and throughout or the advertisements posted on this Website or any of the platforms; services; products or other websites referred to herein and throughout. The use of this Website or any of the platforms; services; products or other websites referred to herein and throughout is at your own risk. FCR Media Limited reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms and Conditions, including but not limited to deletion of your postings from this Website or any of the platforms; services; products or other websites referred to herein and throughout, immediate termination of your registration and restricting your ability to access this Website or any of the platforms; services; products or other websites referred to herein and throughout, or if FCR Media Limited is unable to verify or authenticate any information you submit to this Website or any of the platforms; services; products or other websites referred to herein and throughout.

 

7. Links to Third Party Websites

Please see General Terms and Conditions.

 

8. Commercial Advertisers

The Consumer Information Advertisements Disclosure of Business Interest Order 1984 requires all advertisements from persons selling goods in the course of a business to make that fact clear. Please note that all commercial advertisements on this Website or any of the platforms; services; products or other websites referred to herein and throughout are highlighted in bold font. This requirement applies where the advertiser is acting on its own behalf or acting for some other person in the course of his or its business whereby goods are to be sold. We reserve the right to suspend the services; products offered to you by GetSold.ie if we have reasonable cause to suspect that you are in breach of any of the Terms and Conditions.

 

9. Goods/Services

Neither FCR Media Limited nor any of its directors, servants or agents accept any responsibility for any advertisements, content, description, comments, reliability, age, use and appropriateness of use, ability to use, size, measurement, colour, state of repair, legality, location, delivery, representations or other descriptions in relation to any quantity, availability, goods, products and or services which may be advertised on or via the Website or any other FCR Media Limited service.

 

FCR Media Limited does not get involved in relations, contacts, offers or sales between members, advertisers, users, purchasers, sellers, and accept no responsibility and or liability in relation to any such transactions, adverts, contacts and or contracts as may occur.

 

10. Registration

Registration is not required if you simply want to browse through the advertisements on this Website or any of the platforms; services; products or other websites referred to herein and throughout. However, registration is required to place advertisements etc. In order to complete the registration you must choose a User Name and password. You will be asked to provide information such as your name, address, telephone number and email address etc.. All information supplied must be complete and accurate. GetSold.ie may restrict the User Name or password you can choose. You are responsible for all actions taken under your account and you agree only to use or utilise this Website or any of the platforms; services; products or other websites referred to herein and throughout using your own User Name and password. You must make reasonable efforts to keep your password safe and not disclose it to any other person or permit either directly or indirectly any other person to utilise your User Name or password. You agree to immediately notify GetSold.ie of any un-authorised use of your User Name and/or password. GetSold.ie can terminate your registration without prior notice at the discretion of GetSold.ie.

 

11. Period of Advertisement

Private advertisements placed free of charge will remain active on the website for a period of minimum of 7 days. Trade advertisements and “power ads” or “upgrades” will remain active on the website for the time specified at the time of purchase.

 

12. Placing Advertisements

All advertisement copy provided by the advertiser for publication must be legal, honest and truthful and must comply with the Irish Code of Advertising Practice and FCR Media Limited advertising policies and is accepted for publication, at FCR Media Limited absolute discretion. All advertisements may be edited and classified at FCR Media Limited’s sole and absolute discretion. All advertisements contained on this Website or any of the platforms; services; products or other websites referred to herein and throughout are accepted for publication and published in good faith, but it is emphasised that FCR Media Limited does not in or under any circumstances whatsoever and howsoever arising accept responsibility for the accuracy or otherwise of any advertisement or message published either online or off-line (nor is any kind of warranty expressed or implied by such publication). All users are advised to check details of each advertisement carefully before entering into any agreements of any kind. If in doubt please seek legal advice. All private, trade and business advertisements in Add must be prepaid if a fee exists. We cannot refund Advertisers who wish to cancel their advertisement once their advertisement has been submitted online.

 

All users are advised to check details of each advertisement carefully before entering into any agreements of any kind. If in doubt please seek legal advice.

 

13. Suspension/Termination

FCR Media Limited may at any time, without notice to you, suspend or terminate your access to this Website or any of the platforms; services; products or other websites referred to herein and throughout or any service forming part of this Website or any of the platforms; services; products or other websites referred to herein and throughout, wholly or partially for any reason, including without limitation, where you are in breach of these Terms and Conditions, or if FCR Media Limited cannot verify or authenticate any information submitted to the website, or if for any reason FCR Media Limited suspends or discontinues the website or this service, or is unable to supply a service to you. FCR Media Limited is not liable to you or any third party for any suspension or termination of access to this Website or any of the platforms; services; products or other websites referred to herein and throughout.

 

14. Dealings with Content

When creating an advertisement on the Website, you agree to provide fully accurate, up-to-date, current and complete information and to promptly update the information you provide to us as and it changes. Please refer to our Terms and Conditions prior to posting any advertisement. FCR Media Limited acts as a passive conduit for the online distribution and publication of information and advertisements submitted by users and FCR Media Limited has no obligation to review or screen advertisements or information in advance of posting and FCR Media Limited is not responsible for screening or monitoring any material posted by users. FCR Media Limited does not exercise editorial or other control over the content of information posted on this Website or any of the platforms; services; products or other websites referred to herein and throughout or over other material created or accessible over or through this Website or any of the platforms; services; products or other websites referred to herein and throughout. However, FCR Media Limited retains the right to remove advertisements which it may at its sole discretion determine are or may be abusive, illegal or disruptive. FCR Media Limited reserves the right to take any action with respect to user submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for FCR Media Limited. FCR Media Limited does not accept any responsibility whatsoever for failure to contact an advertiser or to notify the advertisers of any changes to or rejection of advertisements which FCR Media Limited deem necessary to comply with FCR Media Limited’s production and editorial requirements, if such contact is not practical before the publication or due publication date. FCR Media Limited does not accept responsibility for the behaviour of users on the website or the information made available on this Website or any of the platforms; services; products or other websites referred to herein and throughout by other users. FCR Media Limited does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any adverts, or the ability of sellers to sell items. FCR Media Limited cannot guarantee that any transactions will be completed nor can it guarantee the ability or intent of users to fulfil their obligations in any transactions. If FCR Media Limited is notified by a user of this Website or any of the platforms; services; products or other websites referred to herein and throughout that certain communications do not conform to these Terms and Conditions, FCR Media Limited may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the advertisement. FCR Media Limited has no liability or responsibility whatsoever to users for the performance or non-performance of such activity. FCR Media Limited reserves the right to expel, ban or prohibit users and to prevent their further access to this Website or any of the platforms; services; products or other websites referred to herein and throughout for violations of the Terms and Conditions or the law. You agree to grant FCR Media Limited a non-exclusive, royalty free, worldwide, perpetual licence with the right to sub-licence, 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 goods and services; products) you submit to any public areas of this Website or any of the platforms; services; products or other websites referred to herein and throughout (such as bulletin boards, forms in news groups or by email to FCR Media Limited). You also grant FCR Media Limited the right to use your name in connection with the submitted advertisements.

 

15. Off-line conduct

Although FCR Media Limited cannot monitor the conduct of its users off-line, it is a violation of these Terms and Conditions to use any information obtained from this Website or any of the platforms; services; products or other websites referred to herein and throughout in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any user or person without their prior expressive consent.

16. Privacy Statement

FCR Media Limited and its associated companies respect and protect the privacy of the individuals who access this Website or any of the platforms; services; products or other websites referred to herein and throughout and use its facilities and/or services; products. For full details of the manner in which FCR Media Limited uses cookies, the type of information we collect, how we use it and under what circumstances we disclose information, please read the Privacy Statement. By using this Website or any of the platforms; services; products or other websites referred to herein and throughout and by continuing to browse and use this Website or any of the platforms; services; products or other websites referred to herein and throughout you are agreeing to allow FCR Media Limited to gather and collate your data as a user of this Website or any of the platforms; services; products or other websites referred to herein and throughout. You fully authorise FCR Media Limited to use this data (personal and otherwise) in its entirety and further authorise FCR Media Limited to share this data across all of the FCR Media Limited properties, platforms and services; products. All data and information will be free for FCR Media Limited to use, in line with FCR Media Limited’s Privacy Policy and for any other marketing or service enhancing activities at FCR Media Limited’s sole discretion. For the avoidance of doubt, all use of this data or information shall be in compliance with the Data Protection Acts 1988 and 2003.

 

17. Limited Liability

To the fullest extent permitted by applicable law, neither FCR Media Limited nor any of its officers, directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services; products and/or the materials offered or transactions entered into through or from this Website or any of the platforms; services; products or other websites referred to herein and throughout or services; products through this Website or any of the platforms; services; products or other websites referred to herein and throughout, including, but not limited to, indirect or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, even if FCR Media Limited has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall FCR Media Limited nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of the services; products, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Without limiting the foregoing, under no circumstances shall FCR Media Limited nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third party.

 

18. Copyright Notice and Limited License

The information, content, graphics, text, logos, images contained in this Website or any of the platforms; services; products or other websites referred to herein and throughout are protected by copyright, trade mark, database right, sui generis right and other Intellectual Property laws, under national laws and international treaties. FCR Media Limited and/or its licensors (as the case may be) retain all right, title, interest and Intellectual Property Rights in and to the Materials. Any other use of the Materials on this Website or any of the platforms; services; products or other websites referred to herein and throughout, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of FCR Media Limited is strictly prohibited and is a violation of the proprietary rights of FCR Media Limited. Other than as expressly provided herein nothing in these Terms and Conditions should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other Intellectual Property or proprietary interest of FCR Media Limited, its licensors or any third party.

 

19. Indemnity

You agree to defend, indemnify and hold FCR Media Limited and (as applicable) its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers or other representatives harmless against any and all claims demands, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms and Conditions or any claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of this Website or any of the platforms; services; products or other websites referred to herein and throughout, including but not limited to posting content on this Website or any of the platforms; services; products or other websites referred to herein and throughout, entering into transactions with other websites users, contacting others as a result of their postings on this Website or any of the platforms; services; products or other websites referred to herein and throughout, infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach of these Terms and Conditions.

 

20. Export Control

You acknowledge that any goods or services sold to you under these Terms and Conditions may be subject to export control laws and regulations in jurisdictions including but not limited to the countries of the US and the European Economic Area. You confirm that, should this be the case, you will not export or re-export such goods or services in breach of such laws or regulations.

 

21. Disclaimer of Warranties

You understand and agree that your use of this Website and any services or content provided (the “service”) is made available and provided to you at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, and reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither we nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

 

22. Jurisdiction and Governing Law

This Website or any of the platforms; services; products or other websites referred to herein and throughout is controlled and operated by FCR Media Limited from Ireland. FCR Media Limited does not make any representation that the facilities, services; products and/or Materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Website or any of the platforms; services; products or other websites referred to herein and throughout, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Website or any of the platforms; services; products or other websites referred to herein and throughout, facilities, services; products and/or Materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise, this Website or any of the platforms; services; products or other websites referred to herein and throughout, the facilities, services; products and/or Materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of them are not directed at you). These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of FCR Media Limited and without prejudice to the right of FCR Media Limited to take proceedings in relation to these Terms and Conditions before any court of competent jurisdiction, that courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms and Conditions, or for such other purposes you irrevocably submit to the jurisdiction of such courts.

 

23. Miscellaneous

Any waiver of any provision of these Terms and Conditions must be in writing signed by FCR Media Limited to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. If any court of competent jurisdiction finds any provision of these Terms and Conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding effecting the validity and enforceability of any remaining provision. These Terms and Conditions represent the entire understanding and agreement between you and FCR Media Limited relating to use of this Website or any of the platforms; services; products or other websites referred to herein and throughout, its facilities and/or services; products and supercede any and all prior statements, understandings and agreements whether oral or written, and shall not be modified except in writing, signed by you and by FCR Media Limited.

 

24. Privacy Policy

GetSold.ie (“GetSold.ie” or “We”) respects and protects your right to privacy in relation to your interactions with this Website or any of the platforms; services; products or other websites referred to herein and throughout. We have adopted the following policies to safeguard your personal information and to protect its confidentiality. Any information which is provided by you to GetSold.ie via this Website or any of the platforms; services; products or other websites referred to herein and throughout or otherwise will be treated in accordance with the terms of the Data Protection Acts 1988 and 2003 and/or such amending or replacement legislation as may be adopted in Ireland from time to time. We encourage you to read this Privacy Statement before using this Website or any of the platforms; services; products or other websites referred to herein and throughout. If you do not read or if you disagree with any aspect of the Privacy Statement, you should not use this Website or any of the platforms; services; products or other websites referred to herein and throughout. Your use of this Website or any of the platforms; services; products or other websites referred to herein and throughout signifies your agreement to be bound by the terms of this Privacy Statement.

 

Cookies

Please see General Terms and Conditions. More information about cookies can be found on www.aboutcookies.org & www.allaboutcookies.org.

 

Collection and Use of Information

When registering with GetSold.ie you will be asked to provide some personal information. Personal data that is collected will be used for the purposes for which it was provided by you. GetSold.ie will not provide your Personal data to any third parties without your prior consent except for the purposes of validating information and collecting debts, unless we reasonably believe that we are required to do so by operation of law. We reserve the right at all times to contact you in relation to the services; products provided on this Website or any of the platforms; services; products or other websites referred to herein and throughout. If at any time after giving us this information you decide that you no longer wish us to hold or use this information, or in the case that the information becomes out of date, you are free to notify us, and we will endeavour to remove or rectify the information promptly. We use your personal information to identify you as a customer, to process your advertisement and to deliver relevant information to you in connection with your advertisement. Personal information about you will not be given or sold to any third parties for use in its marketing or solicitation without your consent. Such information is only collected from you if you submit it to us, and is only kept for as long as it is required for us to provide you with a high quality service, to comply with law or our contractual obligations or for reasonable record-keeping purposes By using this Website or any of the platforms; services; products or other websites referred to herein and throughout and by continuing to browse and use this Website or any of the platforms; services; products or other websites referred to herein and throughout you are agreeing to allow FCR Media Limited (the owner of GetSold.ie) to gather and collate your data as a user of this Website or any of the platforms; services; products or other websites referred to herein and throughout. You fully authorise FCR Media Limited to use this data (personal and otherwise) in its entirety and further authorise FCR Media Limited to share this data across all of the FCR Media Limited properties, platforms and services; products. All data and information will be free for FCR Media Limited to use, in line with FCR Media Limited’s Privacy Policy and for any other marketing or service enhancing activities at FCR Media Limited’s sole discretion. For the avoidance of doubt, all use of this data or information shall be in compliance with the Data Protection Acts 1988 and 2003. Additionally, we may use your email address to contact you on behalf of interested parties wishing to respond to your advertisements by email. We may use your advertisements, and the advertisements that you view to personalise the website and identify popular sections. We may also display recently posted advertisements and recently sold goods to users of GetSold.ie. You also acknowledge and agree that in certain circumstances we may be obliged to disclose personal information relating to you to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, as well as to protect and defend the rights of GetSold.ie, and/or our customers.

 

Link to Third Party Sites

Please see General Terms and Conditions.

 

Your Use of Others Information

You agree that, with respect to other users’ personal information which you obtain through this Website, or as a result of any related communication or transaction, GetSold.ie hereby grants you a licence to use this information only for: (a) GetSold.ie related communications that are not unsolicited commercial messages; or (b) for any purpose that the data subject expressly agrees to after you tell them the purpose you would like to use this personal information for. Under no circumstances (except with the user’s express consent) may you disclose personal information about another user to any third party without the consent of that user. You agree that other users may use your personal information to communicate with you in order to facilitate transactions as set out in this Website. Except as otherwise set out in this Privacy Statement this policy only addresses the use and disclosure of information that GetSold.ie collects from you. To the extent that you disclose your information to other parties (for example to buyers or sellers on this Website or any of the platforms; services; products or other websites referred to herein and throughout or to other websites throughout the internet) a different privacy statement may apply to their use or disclosure of the information disclosed to them. As GetSold.ie cannot control the privacy policies of third parties, you should be aware that you will be subject to the privacy policies of that third party.

 

 

 

Access to your Personal Information

You have the right to request a copy of the information which we hold about you (for which we may charge you a small fee) and to have inaccuracies in the information corrected. You can change your registration information including unsubscribing for communications in writing to hello@getsold.ie.

 

25. Use of Technical Information

While using this Website or any of the platforms; services; products or other websites referred to herein and throughout, you may have the opportunity to send us information relating to you such as through the “Contact” page, via an email query or by placing an advertisement online or where you send emails. By participating, you will be providing us with some level of personal information relating to you. This information will only be used by GetSold.ie for the purpose for which it was provided by you or for verification purposes and statistical analysis. We use Secure Socket Layer (“SSL”) technology. Due to the nature of the internet, we cannot guarantee the protection of your Personal data and therefore we are not responsible for any loss or damage resulting to you when the website is used. You should be aware that each time you visit a website, two general levels of information about your visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the website and the second is information which is personal or particular to a specific visitor who knowingly chooses to provide that information. The statistical and analytical information provides us with a general and non-individual specific information about the number of people who visit this Website or any of the platforms; services; products or other websites referred to herein and throughout; the number of people who return to the website; the pages that they visit; and where they were before they came to the website and the page in the website at which they exited. This information helps us monitor traffic on a website so that we can manage the website’s capacity and efficiency. This type of non-personal information and data can be collected through the standard operation for internet servers and logs as well as “cookies”.

 

26. Access by children

If you are aged 18 or under you must get the permission of your parents/guardian’s before submitting Personal data to this Website or any of the platforms; services; products or other websites referred to herein and throughout. Users without this consent should not use or submit any Personal data to this Website or any of the platforms; services; products or other websites referred to herein and throughout. By using this Website or any of the platforms; services; products or other websites referred to herein and throughout you understand that you are legally and financially responsible for all use of this Website or any of the platforms; services; products or other websites referred to herein and throughout by you and those using your log-on information. You agree to notify us immediately of any unauthorised use or any other breach of security. GetSold.ie shall in no way be responsible for any matters whatsoever or howsoever arising and relating to use of or access to this Website or any of the platforms; services; products or other websites referred to herein and throughout by a person or persons under the age of 18.If you are aged 18 or under you must get the permission of your parents/guardian’s before submitting Personal data to this Website or any of the platforms; services; products or other websites referred to herein and throughout. Users without this consent should not use or submit any Personal data to this Website or any of the platforms; services; products or other websites referred to herein and throughout. By using this Website or any of the platforms; services; products or other websites referred to herein and throughout you understand that you are legally and financially responsible for all use of this Website or any of the platforms; services; products or other websites referred to herein and throughout by you and those using your log-on information. You agree to notify us immediately of any unauthorised use or any other breach of security. GetSold.ie shall in no way be responsible for any matters whatsoever or howsoever arising and relating to use of or access to this Website or any of the platforms; services; products or other websites referred to herein and throughout by a person or persons under the age of 18.

 

27. Change of Ownership

In the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Policy then we reserve the right to transfer information (including your Personal data) to a third party and provided that the third party only uses your Personal data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

 

28. Disclaimer

FCR Media Limited, its directors, employees, servants and agents, affiliates or other representatives and their respective parent and subsidiary companies, shall not be liable in respect of any claims, emergencies, demands, causes of action, damages, losses, expenses, including without limitation, reasonable legal fees and costs of proceedings arising out of or in connection with the use and/or dissemination of personal information relating to you in accordance with this Privacy Policy and your consents.

 

29. Amendments

We reserve the right in its sole discretion to amend this Privacy Policy at any time, and you should regularly check this Privacy Policy for any amendments.

 

30. Questions or Comments

If you have any questions, concerns, comments or complaints about this Privacy Policy and/or our collection or use of personal information, or if you wish us to stop processing your personal information for any particular purpose or purposes, then please contact us on hello@getsold.ie /1800625625.

 

GETDOMAINS – SERVICES AGREEMENT and TERMS AND CONDITIONS

1. Agreement

In this Services Agreement (this “Agreement”) “you,” “your,” “Subscriber” and “Customer” refer to each customer and “we,” “us” and “our” refer to FCR Media Limited (“getdomans.ie”). This Agreement explains our obligations to you, and explains your obligations to us regarding your use of Getdomains.ie services. By registering a domain name through one of our registrar partners or using any other services provided by getdomains.ie or its partners under this Agreement, you acknowledge that you have read and agree to be bound by all Terms and Conditions of this Agreement, any registrar agreement associated with our service, our Privacy Policy and any other pertinent rules or policies that are or may be published by getdomains.ie from time to time. Notwithstanding any other written or oral statements you believe getdomains.ie may have made to you, this agreement constitutes the entirety of getdomains.ie’ agreements with and obligations to you and the entirety of your contractual rights in your relationship with getdomains.ie.

 

2. Domain Registration Service

When Getdomains.ie registers a domain in response to your order; you acknowledge that the duration of the initial registration term may vary slightly depending on the method we use to fulfil your order. If the domain was registered to you via a registrar transfer, the registration term will be for 365 days from the date of expiration listed in the whois for that domain. In order to assist you in identifying and determining the status of domain names you may wish to order, Getdomains.ie offer on its site Whois look-up services. Information about the status of a domain name is offered on a commercially reasonable basis. You should always attempt to obtain independent confirmation of a domain name’s status by performing a Whois look-up, found on the website of any ICANN-accredited registrar, including Getdomains.ie’ partners, prior to placing an order. Unless a Customer specifies nameservers that should be assigned to the ordered domain name upon its registration, all domain names registered through Getdomains.ie are pointed to a nameserver controlled by Getdomains.ie. The landing page then provided may be modified at any time by Getdomains.ie without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by Getdomains.ie, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. Once a domain name is registered for you, if for any reason you do not wish to have your domain name pointed to this web page, you should change the nameserver settings for that domain by accessing the domain at the acquiring registrar by using the account login information provided by Getdomains.ie and/or the registrar at the time of the registration.

 

3. Placing an Order

Once an order is placed it is an offer for contract and does not mean that we will necessarily be able to fulfil the order, it should be construed as an offer to treat only. There are many reasons why it may not be possible to fulfil a particular order (including but not limited to: unavailability of a domain name, registration policies, pricing errors, technical errors etc.). Details will be collected about you and your application, and you will also be able to make payment via credit card etc.

 

When your order is subsequently processed, we will phone or email you in respect of each domain name, hosting account or other product that is successfully provisioned. Please note that domain registrations in particular may not be performed in real time, so we cannot guarantee that any or all registrations will be successful until such time as they are processed and completed and your contact details appear on the relevant whois service for the top-level domain in question. In the case of .ie and other managed top-level domains, you may have to conform to specific registration policies and provide adequate supporting documentation to support your application. Please note that a non-refund policy applies to domain registrations and transfers that we could not complete because of a failure to provide authorisation or correct supporting information.

 

In all cases, the application must be accompanied by payment for the minimum registration period. Payment methods may include but not limited to credit card, cheque, or electronic transfer. VAT at the prevailing rate (currently 23%) will be charged on all invoiced amounts unless you are VAT exempt (supporting documentation required). Please note that domain registration fees are not refundable once the domain has been registered or renewed.

 

Whilst we at all times use our best endeavours to process orders as quickly as possible, you hereby accept that domain registrations and acquisitions of domains may not be performed in real time and orders may not in certain circumstances be capable of being fulfilled. As we cannot guarantee that any or all domain registrations or acquisitions will be successful or available for registration or acquisition until such time as they are processed and completed and your contact details appear on the relevant whois service for the top-level domain in question, this may result in domains not being available for registration or acquisition and/or result in the costs of registering/acquiring a particular domain or domains increasing as a result of circumstances beyond our control.

 

When you place an order with us, in the event that (i) the domain is not or may not be available for registration or acquisition; and/or (ii) the market valuation of the domain is already higher than the cost anticipated by us and/or has been set at a cost that is higher than the cost anticipated by us; and/or (iii) the costs of registering/acquiring a domain and/or domains increase(s) between the time you place the order and time that the order has been processed and completed, then you agree and fully accept that we shall (i) not liable for any domain(s) that is/are unavailable for registration or acquisition and/or not capable of being registered or acquired (as well as any costs incurred thereto by you); and/or (ii) not be required to pay for nor shall we be liable to you or be required to remit to you any increased cost(s) associated with registering/acquiring a domain or domains where the market valuation of the domain(s) is or are already higher than the cost anticipated by us and/or has or have been set at a cost that is higher than the cost anticipated by us; and/or (iii) not be liable under any circumstances whatsoever for any such increased cost(s) where the cost(s) of registering/acquiring a domain and/or domains increase(s) between the time you place the order and time that the order has been processed and completed howsoever arising.

 

You acknowledge that you understand and accept the above and you agree that you shall indemnify us and that you do hereby fully indemnify us in all respects and you further agree that you shall not hold us responsible for any increased or additional cost(s) and/or charge(s) and/or loss under any circumstances whatsoever and howsoever arising.

 

As stated above, there are many reasons why it may not be possible to fulfil an order or orders (including, but not limited to, unavailability of a domain or domains, registration policies, pricing errors, increased prices, technical errors etc.) as events occur or may have occurred which were or are beyond our control. When you place an order with us, in the event that it is not possible to fulfil a particular order or orders due to, amongst other things, the unavailability of a domain or domain, registration policies, pricing errors, increased prices, technical errors, then you agree that we shall not be liable for and we shall not be required to pay for and we shall not be liable to remit any cost(s) associated with or incurred and shall not be liable to make good any loss arising as a result of our not being able to fulfil an order and/or orders howsoever such cost(s) or loss arise(s) and howsoever our inability to fulfil an order and/or orders arise(s).

 

You acknowledge that you understand and accept that the list of reasons set out above shall not and cannot be regarded as exhaustive and is used for illustration purposes. You agree that you shall be liable for; shall be required to pay for and shall be liable to remit any increased cost(s) associated with the circumstances contemplated above (and which circumstances shall not be regarded as exhaustive) and you hereby agree that on placing your order and/or orders with us, you fully indemnify us and shall continue to indemnify us in that regard and further that you shall not hold us responsible for any increased or additional cost(s) and/or charge(s) and/or loss under any circumstances whatsoever and howsoever arising.

 

4. Required Data

In order for us to register a domain name through one of our registrar partners on your behalf, you agree to provide certain current, complete, accurate, and reliable contact data at the time of registration (the “Contact Data”) about you and your site host as required by the registration process. You acknowledge that the registrar is required to make Contact Data publicly available on a WHOIS database as expressed in the respective registrar’s service agreement, and you expressly consent to such disclosure. You agree to update this information as follows: (i) if your Contact Data changes after you have supplied it to us, but before we order a domain name registration on your behalf, you agree to update the information as it appears in your account on this Website; and (ii) if your Contact Data changes after we order a domain name registration on your behalf, you agree to update the information directly with the registrar. (Please note that updating Contact Data on our site will not change the information maintained by the registrar in its WHOIS database on any of your existing domain registrations, even if the registration was facilitated by Getdomains.ie; you must update existing domain registrations directly with the registrar.) Because accurate and reliable Contact Data is important for the domain name system to work properly, is will be considered a material breach of this Agreement if you: (i) wilfully provide inaccurate or unreliable Contact Data, (ii) wilfully fail promptly to update Contact Data with us and/or the registrar, or (iii) fail to respond within fifteen days to our enquiries or those of the registrar regarding the accuracy of the Contact Data. Such a breach will be a sufficient basis for us or the associated registrar to cancel the domain name registration and/or other services without further notice to you.

In order for you to use other Getdomains.ie services you also agree to provide and maintain certain current, complete, accurate, and reliable information about you and your email addresses (“User Profile”). The User Profile information is needed to send you notifications and other information regarding your service. The User Profile information is entirely independent of the Contact Data described above. You agree to update the User Profile directly through your account accessible at our Website. Because it is not possible for us to provide our notification services without accurate and reliable User Profile information, it will be considered a material breach of this Agreement if you (i) wilfully provide inaccurate or unreliable User Profile information, or (ii) wilfully fail promptly to update User Profile information provided to us. Such a breach will be a sufficient basis for us to cancel the services without further notice to you. Our Privacy Policy located on our Website at www.getdomains.ie and incorporated herein by reference, further sets forth your and our rights and responsibilities with regard to your personal information.

 

5. Modification of Agreement

You acknowledge that the Internet, the domain name system and its policies, and the practice of registering, monitoring, and administering domain names are continually evolving, and therefore you agree that Getdomains.ie may modify this Agreement, as well as any additional rules or policies that are or may be published by Getdomains.ie, as necessary to comply with any other agreements that Getdomains.ie is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Any such addition or modification will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on Getdomains.ie’ Website, or upon notification to you by e-mail. You agree to periodically review this Website, including the current version of this Agreement available on this Website, to be aware of any such modifications. Your continued use of any Getdomains.ie services or of any domain name registered through one of our registrar partners on your behalf through Getdomains.ie will constitute your acceptance of this Agreement as well as modified or additional rules or policies that are or may be published by Getdomains.ie or by our registrar partners. If you do not agree to any such changes, you may request that any order you placed be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by Getdomains.ie.

 

6. Agency

IF YOU ARE ACTING AS AN AGENT: You represent that you have the authority to bind your principal to all Terms and Conditions contained in this Agreement. You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder and/or subscriber of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating full contact information. A breach of this Agreement by your principal or licensee will be considered a breach by you.

 

IF YOU ARE ACTING THROUGH AN AGENT: You agree that, if your agent (e.g., an Internet Service Provider, employee, legal counsel, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all Terms and Conditions herein, including the Dispute Policy as described later in this Agreement. Your continued use of our services will ratify any unauthorised actions of your agent. By acting on your behalf, your agent certifies that he or she is authorised to apply for our services on your behalf, that he or she is authorised to bind you to the Terms and Conditions of this Agreement and that he or she has apprised you of the Terms and Conditions of this Agreement. In addition, you are responsible for any errors made by your agent. A breach of this Agreement by your agent will be considered a breach by you.

 

7. Prohibited Conduct

You, the customer, agrees to use Getdomains.ie only for lawful purposes. While Getdomains.ie has no responsibility to monitor your use of domain names, Getdomains.ie reserves the right to terminate any account for which a Getdomains.ie hosted domain is found to be pointing or otherwise directing traffic to any material in violation of any Irish Law or regulation, including but not limited to material in violation of copyright law, and material judged to be threatening or obscene. Any misuse of Getdomains.ie resources that disrupts the normal use of the system is strictly prohibited. Such system abuse may lead to termination of the account. Examples of system abuse include but are not limited to spawning many processes that consume resources, consuming excessive amounts of disk storage or main memory or CPU for long periods of time, etc. Any attempts to penetrate Getdomains.ie’ security will result in the termination of the Customers’ account without notice, as well as notification of appropriate law-enforcement agencies.

 

8. Breach

Any failure by you to abide by any provision of this Agreement, any Getdomains.ie operating rule or policy or the Dispute Policy, may be considered by us to be a material breach of this Agreement. We may provide written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence that is reasonably satisfactory to us that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate the services without further notice. We reserve the right to suspend any Getdomains.ie services during such 10-day period. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.

 

9. Revocation

You agree that we may terminate your right to use our service(s) if the information that you are obligated to provide to register your domain name through one of our registrar partners or subscribe for other Getdomains.ie service(s), or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name through one of our registrar partners or to continue to provide you domain name services. Furthermore, you agree that we may suspend, cancel or transfer your domain name services in order to: (i) correct mistakes made by us, a registrar partner, or the registry in registering your chosen domain name, or (ii) to resolve a dispute under the Dispute Policy. We will not refund any fees paid by you if we suspend or terminate your services.

 

10. Customer Representations and Warranties

You agree and warrant that: (i) the information that you or your agent provide to us during the application process to register your domain name through one of our registrar partners or to apply for other Getdomains.ie services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time, (ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name or any other Getdomains.ie service will directly or indirectly infringe the legal rights of a third party, including trademark rights, (iii) you are not registering the domain name for an unlawful purpose; (iv) you will not knowingly use the domain name in violation of any applicable laws or regulations, (v) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and (vi) you are of legal age and capacity to enter into this Agreement. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else’s rights.

 

11. Getdomains.ie Disclaimer of Warranties

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an “AS IS,” and “AS AVAILABLE” basis. GETDOMAINS.IE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GETDOMAINS.IE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. We make no warranty that our services(s) will meet your requirements or that the service(s) will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained in our newsletter or Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our newsletter and website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. No advice or information, whether oral or written, obtained by you from us or through our newsletter or Website shall create any warranty not expressly made herein. To the extent that any jurisdiction does not allow the exclusion of such warranties, these disclaimers will apply to the greatest extent possible.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the Uniform Domain Name Dispute Resolution Policy (UDRP), (ii) any policy adopted by the Internet Corporation for Assigned Names and Numbers (ICANN), (iii) any registrar (including Getdomains.ie) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures.

You also agree that Getdomains.ie shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as Getdomains.ie receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

 

12. Right of Refusal

You grant Getdomains.ie, in our sole discretion, the right to refuse to register your chosen domain name through one of our registrar partners, to refuse to subscribe you for other Getdomains.ie services, or to request deletion of your domain name at the acquiring registrar or cancel your services within thirty (30) calendar days from receipt of your payment for such services. In the event we request deletion of your domain name or cancel your services within such thirty (30) calendar day period, we may refund your applicable fees. You agree that we will not be liable to you for any loss or damages that may result from any such refusal, deletion or cancellation.

 

13. Dispute Policy

We do not check to see whether the domain name you select to register infringes the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others. You may wish to consider seeking one or more opinions from competent trademark practitioners in connection with your domain name. You agree to assume all responsibility in selecting a domain name to register and/or monitor. Should we be sued or threatened with a lawsuit in connection with your domain name and/or subscription to any other of our services, we may turn to you to hold us harmless and indemnify us pursuant to the Indemnification provision of this agreement. Similarly, you recognise that we have no responsibility to determine whether domain names monitored or acquired by others through our site infringe your own rights in trademarks or domain names, and you agree to release Getdomains.ie from any legal claims asserting such a responsibility.

For domain name registrations facilitated by Getdomains.ie, you agree to be bound by the UDRP, as approved by ICANN on October 24, 1999, as modified from time to time, and incorporated here by reference. A copy of the current UDRP may be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm and any modifications at www.icann.org. All other disputes between you and any party other than Getdomains.ie regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of the UDRP may be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name, and/or Getdomains.ie services. You will not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves. Getdomains.ie will not honour registrations that Getdomains.ie reasonably believes infringe on its own trademarks. Should you fail to substantially prevail in any lawsuit brought against Getdomains.ie, Getdomains.ie will be entitled to recover its reasonable legal fees and costs from you.

 

14. Limitation of Liability

GETDOMAINS.IE AND ITS PARTNERS, AFFILIATES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF GETDOMAINS.IE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE EXPLICITLY DISCLAIM ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN REGISTRATION; (b) USE OR MISUSE OF YOUR DOMAIN NAME REGISTRATION; (c) INTERRUPTION OF YOUR BUSINESS, WEBSITE, EMAIL, OR OTHER SERVICES; (d) ACCESS DELAYS OR INTERRUPTIONS TO THIS WEBSITE OR ANY WEBSITES ACCESSED BY YOUR REGISTERED DOMAIN NAMES; (e) NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR MODIFICATION OF DATA; (f) USE OR MISUSE OF YOUR USER NAME OR PASSWORD; (g) FAILURE TO ACQUIRE OR RE-ACQUIRE A DOMAIN NAME; (h) ERRORS, OMISSIONS, OR MISSTATEMETNS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT; (i) EVENTS BEYOND THE REASONABLE CONTROL OF GETDOMAINS.IE, INCLUDING WITHOUT LIMITATION FAILURE OF ELECTRICAL OR TELECOMMUNICATIONS SERVICES; or (j) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. Getdomains.ie’ entire liability, and your exclusive remedy, with respect to any Getdomains.ie services provided under this Agreement and any breach of this Agreement is limited solely to the amount you paid for such services. IN NO EVENT WILL GETDOMAINS.IE’S MAXIMUM AGGREGATE LIABILITY EXCEED THE LESSER OF THE TOTAL AMOUNT PAID BY YOU FOR SUBSCRIPTION TO ANY OF OUR SERVICES OR THE REGISTRATION OF THE DOMAIN NAME.

 

15. Indemnity

You agree to release, defend, indemnify, and hold Getdomains.ie and its directors, officers, employees, contractors, agents, strategic partners and affiliates harmless from all liabilities, claims and expenses (including legal fees, expenses, and Getdomains.ie’ reasonable out-of-pocket costs) relating to or arising under this Agreement (“Claims”), your domain name or its use or renewal, the Getdomains.ie services provided hereunder, or your use thereof, including without limitation infringement of any Intellectual Property or other proprietary right of any person or entity, or from the violation of any Getdomains.ie operating rule or policy relating to the services provided. You shall not enter into any settlement or compromise of any Claims without Getdomains.ie’ prior written permission, which permission shall not be unreasonably withheld. If, in the opinion of Getdomains.ie’ legal counsel, a conflict of interest exists or may reasonably be expected to exist in connection with your assumption of Getdomains.ie’ defence, Getdomains.ie shall be entitled to conduct and control its own defence. This indemnification is in addition to any indemnification required under the UDRP or any similar policy. When Getdomains.ie is threatened with suit by a third party, Getdomains.ie may seek written assurances from you concerning your promise to indemnify Getdomains.ie; your failure to provide those assurances may be considered by Getdomains.ie to be a breach of your Agreement and may result in deactivation of your domain name and/or any Getdomains.ie service.

 

16. Miscellaneous

This Agreement, and the services provided hereunder, will be governed by Irish law, without reference to rules governing choice and conflicts of laws. Customer may not assign this Agreement, by operation of law or otherwise, without Getdomains.ie’ prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither party’s failure to enforce performance of any provision of this Agreement will not constitute a waiver of such party’s right to subsequently enforce such provision or any other provision of this Agreement. If any provision of this Agreement, or portion thereof, is found to be unenforceable, such provision will be enforced to the maximum extent possible and the remainder of this Agreement will continue in full force and effect.

The parties are independent contractors and do not intend to create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Notice must be given to Getdomains.ie at the address set forth on its Website and to Customer at the administrative address listed in Customer’s account. Notice will be deemed to have been received upon personal delivery (including confirmed fax), two day after mailing. This Agreement constitutes the entire understanding between the parties relating to the subject matter of this Agreement and supersedes all prior writings, negotiations or understandings with respect thereto. This Agreement will not be amended or supplemented by the pre-printed terms or conditions on any purchase order, acknowledgment or other business form employed by either party. Except as set forth in Section 5, no modification or addition to this Agreement will have any effect unless it is set forth in writing and signed by both parties.

17. Registration of domain names

Getdomains.ie has partnerships with registrars for the purpose of registering domain names. Our registration service entails Getdomains.ie registering domain names on your behalf with one of our registrar partners. Other than what is specifically stated in this Agreement regarding our registration of domain name service, it is the agreements between the particular registrar associated with a given domain name and the registrant of said domain name that will explain your rights and obligations when you register a domain name through Getdomains.ie. By this Agreement, you acknowledge that you have read and accept the terms of these respective registrar agreements.

 

17. Domain Registrations

17(a) Irish Registrations: Irish Registrations are performed by IE Domain Registry Ltd (IEDR) who act as naming authority as a public service neutrally and in good faith subject to the following conditions: The holder of a domain name shall indemnify IE Domain Registry Ltd and its servants or agents and shall hold IE Domain Registry Ltd and its servants or agents harmless from and against any loss, damage, liability, claim or expense resulting from a claim or claims asserted by a third party regarding ownership of or right to use the domain name in question. No liability shall attach to IE Domain Registry Ltd or its servants or agents in respect of any loss or damage whatsoever suffered by the applicant or a service provider and arising from any action or neglect on the part of IE Domain Registry Ltd or its servants or agents in the exercise of the function of the naming authority. Registrant accepts that failure to pay the maintenance fee will result in the deactivation of the domain name. Registrant agrees to the resolution of disputes in respect of the domain name applied for in accordance with IE Domain Registry’s Dispute Resolution Policy (ieDRP) in force for the time being, but that this is without prejudice to any and all rights registrant has in the name applied for and shall not prevent any party to the proceeding from submitting the dispute to a court of law for independent resolution at any time. There are a number of restrictions on allowable .ie domain names as well as the general requirement for a real and substantive connection with Ireland. Depending on the class of applicant and the category of domain name, supporting documentation is often required. Please read the following documents carefully IE Registrations Terms and Conditions Registration Policy Dispute Resolution Policy (DRP) Your registration of a .ie domain is subject to the above Registration Terms, Conditions and Policies which form part of your Terms and Conditions of service with Getdomains.ie In the case of all .ie domain name registrations, additional supporting documentation is required to validate your claim to a domain name. Applications for .ie domain names must be completed within 28 days of the initial order; otherwise the IE Domain registry will cancel the pending application and make the domain name available for registration by other parties. For some registration types, information such as company, registered business name or trademark numbers may be submitted at the time of application and this may be sufficient to complete the registration. For most other registrations you are required to submit additional documents or other background information in order to complete the registration. You must respond to such requests by us in order to allow us to complete your application in a timely fashion.

 

17(b) International Registrations: International Registrations in the .com, .net, .org, .biz and .info top-level domains, including the new domains such as .club, .support etc. are performed through various ICANN accredited registrars. There are fewer restrictions on what names can be registered, or on who can register them. It is a condition of registration that you read and are bound by the uniform dispute resolution policy (URDP). Please read the UDRP document below carefully. Additionally, you are bound by the individual Terms and Conditions of the individual registrar selected. Uniform Dispute Resolution Policy (UDRP).

 

Expiration of Domain Names Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and we may either leave your WHOIS information intact or we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

18. Reactivation Period

For a period of approximately 30 calendar days after expiration of the term of domain name registration services, we may provide a procedure by which an expired domain name registration or other services may be renewed. We may, but are not obligated to, offer this process, called the “reactivation period”. You assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and we shall not be liable therefore. The reactivation period renewal process, if any, may involve additional fees. We may make expired domain name services(s) available to third parties, we may elect to become the registrant or record of expired domains, we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or expired domain name registration services may be re-registered to any party at any time.

 

19. Complaints

In the event of a complaint arising with regard to any aspect of our service, please contact hello@getdomains.ie regarding the matter.

GETHOSTING – SERVICES AGREEMENT and TERMS AND CONDITIONS

1. Agreement

In this Services Agreement (this “Agreement”) “you,” “your,” “Subscriber” and “Customer” refer to each customer and “we,” “us” and “our” refer to FCR Media Limited (“gethosting.ie”). This Agreement explains our obligations to you, and explains your obligations to us regarding your use of Gethosting.ie services. By registering a domain name through one of our registrar partners or using any other services provided by gethosting.ie or its partners under this Agreement, you acknowledge that you have read and agree to be bound by all Terms and Conditions of this Agreement, any registrar agreement associated with our service, our Privacy Policy and any other pertinent rules or policies that are or may be published by gethosting.ie from time to time.
Notwithstanding any other written or oral statements you believe gethosting.ie may have made to you, this agreement constitutes the entirety of gethosting.ie’ agreements with and obligations to you and the entirety of your contractual rights in your relationship with gethosting.ie.

 

By using this Website or any of the platforms; services or other websites referred to herein and throughout and by continuing to browse and use this Website or any of the platforms; services or other websites referred to herein and throughout you are agreeing to allow FCR Media Limited (the owner of gethosting.ie) to gather and collate your data as a user of this Website or any of the platforms; services or other websites referred to herein and throughout. You fully authorise FCR Media Limited to use this data (personal and otherwise) in its entirety and further authorise FCR Media Limited to share this data across all of the FCR Media Limited properties, platforms and services. All data and information will be free for FCR Media Limited to use, in line with FCR Media Limited’s Privacy Policy and for any other marketing or service enhancing activities at FCR Media Limited’s sole discretion. For the avoidance of doubt, all use of this data or information shall be in compliance with the Data Protection Acts 1988 and 2003.

 

Gethosting.ie, as your web hosting service provider, will supply you with a shared web hosting solution. For all accounts this solution will, at the very least, provide you with the selected amount of server or disk space to upload this Website and an allocated amount of bandwidth transfer to allow for website connectivity.

 

Upon paying for and using the hosting services provided by gethosting.ie, you indicate your agreement to the following Terms and Conditions, as outlined below. The use and or payment for services provided by gethosting.ie constitute an agreement with these Terms and Conditions.

 

Use of our services requires Customer to be at least 18 years old.

 

2. Required Data

In order for us to register a domain name through one of our registrar partners on your behalf, you agree to provide certain current, complete, accurate, and reliable contact data at the time of registration (the “Contact Data”) about you and your site host as required by the registration process. You acknowledge that the registrar is required to make Contact Data publicly available on a WHOIS database as expressed in the respective registrar’s service agreement, and you expressly consent to such disclosure.
You agree to update this information as follows: (i) if your Contact Data changes after you have supplied it to us, but before we order a domain name registration on your behalf, you agree to update the information as it appears in your account on this Website; and (ii) if your Contact Data changes after we order a domain name registration on your behalf, you agree to update the information directly with the registrar. (Please note that updating Contact Data on our site will not change the information maintained by the registrar in its WHOIS database on any of your existing domain registrations, even if the registration was facilitated by Gethosting.ie; you must update existing domain registrations directly with the registrar.)

Because accurate and reliable Contact Data is important for the domain name system to work properly, is will be considered a material breach of this Agreement if you: (i) wilfully provide inaccurate or unreliable Contact Data, (ii) wilfully fail promptly to update Contact Data with us and/or the registrar, or (iii) fail to respond within fifteen days to our enquiries or those of the registrar regarding the accuracy of the Contact Data. Such a breach will be a sufficient basis for us or the associated registrar to cancel the domain name registration and/or other services without further notice to you.
In order for you to use other Gethosting.ie services you also agree to provide and maintain certain current, complete, accurate, and reliable information about you and your email addresses (“User Profile”). The User Profile information is needed to send you notifications and other information regarding your service. The User Profile information is entirely independent of the Contact Data described above. You agree to update the User Profile directly through your account accessible at our Website. Because it is not possible for us to provide our notification services without accurate and reliable User Profile information, it will be considered a material breach of this Agreement if you (i) wilfully provide inaccurate or unreliable User Profile information, or (ii) wilfully fail promptly to update User Profile information provided to us. Such a breach will be a sufficient basis for us to cancel the services without further notice to you.

Our Privacy Policy located on our Website at www.gethosting.ie.com and incorporated herein by reference, further sets forth your and our rights and responsibilities with regard to your personal information.

 

3. Hosted Content

All services provided by us may be used only for lawful purposes. The laws of the Republic of Ireland and the European Union apply.

 

The customer agrees to indemnify and hold us harmless from any claims resulting from the use of our services.

 

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, literature, photographs, or any other copyrighted work. The offer of sale of any counterfeit trademarked merchandise will result in the immediate termination of your account.

 

Examples of unacceptable material on all servers include:

Pirated Software/Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

 

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

 

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Authorities will be notified in the case of suspected hosting of child pornography.

 

Resellers: we will suspend this Website in question and will notify you so you may terminate the account. Accounts may be monitored for further infractions.

 

4. Payment

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. Gethosting.ie.ie reserves the right to suspend this and other services until any outstanding debt is cleared. Gethosting.ie.ie will not be responsible for any data lost due to non-payment closure of an account. You are responsible for all money owed on the account from the time it was established to the time that you send a written cancellation request.

 

Cancellations must be done in writing and can only be done at the time of renewal. Once we receive your cancellation notice and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically e-mail) that your account has been cancelled. As a customer and/or user of ours, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. We provide a 30 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 30 days and not paid may result in late fee and/or an account suspension until the account balance has been paid in full.

 

We reserve the right to change the monthly service fees and any other charges at any time.

 

5. Domain Name Registration

We offer comprehensive domain name registration at www.gethosting.ie.ie. To facilitate this, we have agreements with a number of domain name registries and registrars.

All domain names that are registered through our services are subject to these terms of service, as well as the rules and regulations of the respective registry and any contractual obligations that may exist between the registrant and the registrar where the registrar is not gethosting.ie.

 

The registration of the international domain name extensions (.com/.net/.org/.info/.biz) are governed by the ICANN (Internet Corporation for Assigned Names and Numbers) UDRP (Uniform Domain-Name Dispute-Resolution Policy).

 

‘.IE’ domain name registrations are subject to the rules and regulations governing registrations as defined by the IEDR. Domain name disputes are governed by the IE Dispute Resolution Policy (IEDRP).

 

Whilst we at all times use our best endeavours to process orders as quickly as possible, you hereby accept that domain registrations and acquisitions of domains may not be performed in real time and orders may not in certain circumstances be capable of being fulfilled. As we cannot guarantee that any or all domain registrations or acquisitions will be successful or available for registration or acquisition until such time as they are processed and completed and your contact details appear on the relevant whois service for the top-level domain in question, this may result in domains not being available for registration or acquisition and/or result in the costs of registering/acquiring a particular domain or domains increasing as a result of circumstances beyond our control.

 

When you place an order with us, in the event that (i) the domain is not or may not be available for registration or acquisition; and/or (ii) the market valuation of the domain is already higher than the cost anticipated by us and/or has been set at a cost that is higher than the cost anticipated by us; and/or (iii) the costs of registering/acquiring a domain and/or domains increase(s) between the time you place the order and time that the order has been processed and completed, then you agree and fully accept that we shall (i) not liable for any domain(s) that is/are unavailable for registration or acquisition and/or not capable of being registered or acquired (as well as any costs incurred thereto by you); and/or (ii) not be required to pay for nor shall we be liable to you or be required to remit to you any increased cost(s) associated with registering/acquiring a domain or domains where the market valuation of the domain(s) is or are already higher than the cost anticipated by us and/or has or have been set at a cost that is higher than the cost anticipated by us; and/or (iii) not be liable under any circumstances whatsoever for any such increased cost(s) where the cost(s) of registering/acquiring a domain and/or domains increase(s) between the time you place the order and time that the order has been processed and completed howsoever arising.

 

You acknowledge that you understand and accept the above and you agree that you shall indemnify us and that you do hereby fully indemnify us in all respects and you further agree that you shall not hold us responsible for any increased or additional cost(s) and/or charge(s) and/or loss under any circumstances whatsoever and howsoever arising.

 

As stated above, there are many reasons why it may not be possible to fulfil an order or orders (including, but not limited to, unavailability of a domain or domains, registration policies, pricing errors, increased prices, technical errors etc.) as events occur or may have occurred which were or are beyond our control. When you place an order with us, in the event that it is not possible to fulfil a particular order or orders due to, amongst other things, the unavailability of a domain or domain, registration policies, pricing errors, increased prices, technical errors, then you agree that we shall not be liable for and we shall not be required to pay for and we shall not be liable to remit any cost(s) associated with or incurred and shall not be liable to make good any loss arising as a result of our not being able to fulfil an order and/or orders howsoever such cost(s) or loss arise(s) and howsoever our inability to fulfil an order and/or orders arise(s).

 

You acknowledge that you understand and accept that the list of reasons set out above shall not and cannot be regarded as exhaustive and is used for illustration purposes. You agree that you shall be liable for; shall be required to pay for and shall be liable to remit any increased cost(s) associated with the circumstances contemplated above (and which circumstances shall not be regarded as exhaustive) and you hereby agree that on placing your order and/or orders with us, you fully indemnify us and shall continue to indemnify us in that regard and further that you shall not hold us responsible for any increased or additional cost(s) and/or charge(s) and/or loss under any circumstances whatsoever and howsoever arising.

 

6. Technical Support

Unless otherwise stated, the web-site hosting, email and ecommerce services shall be provided by a gethosting.ie in a timely and efficient manner.

 

7. Modification of Agreement

You acknowledge that the Internet, the domain name system and its policies, and the practice of registering, monitoring, and administering domain names are continually evolving, and therefore you agree that Getdomains.ie may modify this Agreement, as well as any additional rules or policies that are or may be published by Gethosting.ie, as necessary to comply with any other agreements that Gethosting.ie is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Any such addition or modification will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on Gethosting.ie’ Website, or upon notification to you by e-mail. You agree to periodically review this Website, including the current version of this Agreement available on this Website, to be aware of any such modifications. Your continued use of any Gethosting.ie services or of any domain name registered through one of our registrar partners on your behalf through Gethosting.ie will constitute your acceptance of this Agreement as well as modified or additional rules or policies that are or may be published by Gethosting.ie or by our registrar partners. If you do not agree to any such changes, you may request that any order you placed be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by Gethosting.ie.

 

8. Agency

IF YOU ARE ACTING AS AN AGENT: You represent that you have the authority to bind your principal to all Terms and Conditions contained in this Agreement. You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder and/or subscriber of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating full contact information. A breach of this Agreement by your principal or licensee will be considered a breach by you.
IF YOU ARE ACTING THROUGH AN AGENT: You agree that, if your agent (e.g., an Internet Service Provider, employee, legal counsel, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all Terms and Conditions herein, including the Dispute Policy as described later in this Agreement. Your continued use of our services will ratify any unauthorised actions of your agent. By acting on your behalf, your agent certifies that he or she is authorised to apply for our services on your behalf, that he or she is authorised to bind you to the Terms and Conditions of this Agreement and that he or she has apprised you of the Terms and Conditions of this Agreement. In addition, you are responsible for any errors made by your agent. A breach of this Agreement by your agent will be considered a breach by you.
9. Prohibited Conduct

Customer agrees to use Gethosting.ie only for lawful purposes. While Gethosting.ie has no responsibility to monitor your use of this Website, Gethosting.ie reserves the right to terminate any account for which a Gethosting.ie hosted domain is found to be pointing or otherwise directing traffic to any material in violation of any Irish Law or regulation, including but not limited to material in violation of copyright law, and material judged to be threatening or obscene. Any misuse of Gethosting.ie resources that disrupts the normal use of the system is strictly prohibited. Such system abuse may lead to termination of the account. Examples of system abuse include but are not limited to spawning many processes that consume resources, consuming excessive amounts of disk storage or main memory or CPU for long periods of time, etc. Any attempts to penetrate Gethosting.ie’ security will result in the termination of the Customers’ account without notice, as well as notification of appropriate law-enforcement agencies.

 

10. Breach

Any failure by you to abide by any provision of this Agreement, any Gethosting.ie operating rule or policy or the Dispute Policy, may be considered by us to be a material breach of this Agreement. We may provide written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence that is reasonably satisfactory to us that you have not breached your obligations under the Agreement, then we may terminate the services without further notice. We reserve the right to suspend any Gethosting.ie services during such 10 calendar day period. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.
11. Customer Representations and Warranties

You agree and warrant that: (i) the information that you or your agent provide to us during the application process through one of our registrar partners or to apply for other Gethosting.ie services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time, (ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name or any other Gethosting.ie service will directly or indirectly infringe the legal rights of a third party, including trademark rights, (iii) you are not registering the domain name for an unlawful purpose; (iv) you will not knowingly use the domain name in violation of any applicable laws or regulations, (v) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and (vi) you are of legal age and capacity to enter into this Agreement.

You agree and acknowledge that it is your responsibility to determine whether this Website infringes or violates someone else’s rights, including, but not limited to, whether any foreign language translations of this Website, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else’s rights.

 

12. Gethosting.ie Disclaimer of Warranties

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an “AS IS,” and “AS AVAILABLE” basis. GETHOSTING.IE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GETHOSTING.IE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. We make no warranty that our services(s) will meet your requirements or that the service(s) will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained in our newsletter or Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our newsletter and website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. No advice or information, whether oral or written, obtained by you from us or through our newsletter or Website shall create any warranty not expressly made herein. To the extent that any jurisdiction does not allow the exclusion of such warranties, these disclaimers will apply to the greatest extent possible.
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the Uniform Domain Name Dispute Resolution Policy (UDRP), (ii) any policy adopted by the Internet Corporation for Assigned Names and Numbers (ICANN), (iii) any registrar (including Gethosting.ie) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures.
You also agree that Gethosting.ie shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as Gethosting.ie receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
13. Right of Refusal

You grant Gethosting.ie, in our sole discretion, the right to refuse to register your chosen domain name through one of our registrar partners, to refuse to subscribe you for other Gethosting.ie services, or to request deletion of your domain name at the acquiring registrar or cancel your services within thirty (30) calendar days from receipt of your payment for such services. In the event we request deletion of your domain name or cancel your services within such thirty (30) calendar day period, we may refund your applicable fees. You agree that we will not be liable to you for any loss or damages that may result from any such refusal, deletion or cancellation.
14. Dispute Policy

We do not check to see whether the domain name you select to register infringes the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others. You may wish to consider seeking one or more opinions from competent trademark practitioners in connection with your domain name. You agree to assume all responsibility in selecting a domain name to register and/or monitor. Should we be sued or threatened with a lawsuit in connection with your domain name and/or subscription to any other of our services, we may turn to you to hold us harmless and indemnify us pursuant to the Indemnification provision of this agreement. Similarly, you recognise that we have no responsibility to determine whether domain names monitored or acquired by others through our site infringe your own rights in trademarks or domain names, and you agree to release Gethosting.ie from any legal claims asserting such a responsibility.

For domain name registrations facilitated by Gethosting.ie, you agree to be bound by the UDRP, as approved by ICANN on October 24, 1999, as modified from time to time, and incorporated here by reference. A copy of the current UDRP may be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm and any modifications at www.icann.org. All other disputes between you and any party other than Gethosting.ie regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of the UDRP may be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name, and/or Gethosting.ie services. You will not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves. Gethosting.ie will not honour registrations that Gethosting.ie reasonably believes infringe on its own trademarks. Should you fail to substantially prevail in any lawsuit brought against Gethosting.ie, Gethosting.ie will be entitled to recover its reasonable legal fees and costs from you.
15. Limitation of Liability

GETHOSTING.IE AND ITS PARTNERS, AFFILIATES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF GETHOSTING.IE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE EXPLICITLY DISCLAIM ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN REGISTRATION; (b) USE OR MISUSE OF YOUR DOMAIN NAME REGISTRATION; (c) INTERRUPTION OF YOUR BUSINESS, WEBSITE, EMAIL, OR OTHER SERVICES; (d) ACCESS DELAYS OR INTERRUPTIONS TO THIS WEBSITE OR ANY WEBSITES ACCESSED BY YOUR REGISTERED DOMAIN NAMES;
(e) NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR MODIFICATION OF DATA; (f) USE OR MISUSE OF YOUR USER NAME OR PASSWORD;
(g) FAILURE TO ACQUIRE OR RE-ACQUIRE A DOMAIN NAME;
(h) ERRORS, OMISSIONS, OR MISSTATEMETNS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT; (i) EVENTS BEYOND THE REASONABLE CONTROL OF GETHOSTING.IE, INCLUDING WITHOUT LIMITATION FAILURE OF ELECTRICAL OR TELECOMMUNICATIONS SERVICES; or (j) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES.

Gethosting.ie’s entire liability, and your exclusive remedy, with respect to any Gethosting.ie services provided under this Agreement and any breach of this Agreement is limited solely to the amount you paid for such services. IN NO EVENT WILL GETHOSTING.IE’S MAXIMUM AGGREGATE LIABILITY EXCEED THE LESSER OF THE TOTAL AMOUNT PAID BY YOU FOR SUBSCRIPTION TO ANY OF OUR SERVICES OR THE REGISTRATION OF THE DOMAIN NAME.

 

16. Indemnity

You agree to release, defend, indemnify, and hold Getdomaingethosting.ies.ie and its directors, officers, employees, contractors, agents, strategic partners and affiliates harmless from all liabilities, claims and expenses (including legal fees, expenses, and Gethosting.ie’ reasonable out-of-pocket costs) relating to or arising under this Agreement (“Claims”), your domain name or its use or renewal, the Gethosting.ie.ie services provided hereunder, or your use thereof, including without limitation infringement of any Intellectual Property or other proprietary right of any person or entity, or from the violation of any Gethosting.ie operating rule or policy relating to the services provided. You shall not enter into any settlement or compromise of any Claims without Gethosting.ie’ prior written permission, which permission shall not be unreasonably withheld. If, in the opinion of Gethosting.ie.ie’ legal counsel, a conflict of interest exists or may reasonably be expected to exist in connection with your assumption of Gethosting.ie’ defence, Gethosting.ie.ie shall be entitled to conduct and control its own defence. This indemnification is in addition to any indemnification required under the UDRP or any similar policy. When Gethosting.ie.ie is threatened with suit by a third party, Gethosting.ie.ie may seek written assurances from you concerning your promise to indemnify Gethosting.ie.ie; your failure to provide those assurances may be considered by Gethosting.ie.ie to be a breach of your Agreement and may result in deactivation of your domain name and/or any Gethosting.ie.ie service.
17. Miscellaneous

This Agreement, and the services provided hereunder, will be governed by Irish law, without reference to rules governing choice and conflicts of laws. Customer may not assign this Agreement, by operation of law or otherwise, without Gethosting.ie.ie’ prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither party’s failure to enforce performance of any provision of this Agreement will not constitute a waiver of such party’s right to subsequently enforce such provision or any other provision of this Agreement. If any provision of this Agreement, or portion thereof, is found to be unenforceable, such provision will be enforced to the maximum extent possible and the remainder of this Agreement will continue in full force and effect.
The parties are independent contractors and do not intend to create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Notice must be given to Gethosting.ie.ie at the address set forth on its Website and to Customer at the administrative address listed in Customer’s account. Notice will be deemed to have been received upon personal delivery (including confirmed fax), two day after mailing. This Agreement constitutes the entire understanding between the parties relating to the subject matter of this Agreement and supersedes all prior writings, negotiations or understandings with respect thereto. This Agreement will not be amended or supplemented by the preprinted terms or conditions on any purchase order, acknowledgment or other business form employed by either party. Except as set forth in Section 5, no modification or addition to this Agreement will have any effect unless it is set forth in writing and signed by both parties.

 

 

SAYSO – TERMS AND CONDITIONS

These terms and conditions apply to your membership of and/or any use by you of the website and the affiliated websites located at www.sayso.ie (collectively, this “Website”). This Website is owned by; operated by; and is a service of FCR Media Limited.

 

BY REGISTERING WITH THIS WEBSITE OR BY USING, ACCESSING, BROWSING, CRAWLING OR SCRAPING THIS WEBSITE IN ANY WAY, YOU EXPRESSLY AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY (THE “PRIVACY POLICY“) AND ALL OTHER GUIDELINES, DOCUMENTS OR POLICIES REFERRED TO HEREIN (COLLECTIVELY, THE “TERMS and CONDITIONS”). IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT REGISTER WITH, OR USE THIS WEBSITE.

Content of these Terms and Conditions:

  1. Definitions
  2. Your Personal data
  3. Your Rights and Obligations
  4. FCR Media Limited’s Rights and Obligations
  5. Termination of Your SaySo Membership
  6. Liability and Indemnity
  7. Privacy Policy
  8. General Provisions
  9. Contact Information

 

1. Definitions

User“: any person(s) or party or parties who access, browse, crawl or scrape or in any other manner whatsoever, use this Website.

 

FCR Media Limited“: FCR Media Limited, located at Fumbally Square, Fumbally Lane, Dublin 8. D08 XYA5

 

Content“: any and all business ratings, reviews, tags, compliments, texts, images, photos, audio files, video files, links, submissions, information displayed as part of an account profile, invitations and all other forms of information or communication of any kind made available on this Website.

 

Your Content“: Content that you submit to or post on this Website or transmit to others by using this Website, such as, but not limited to, business ratings, reviews, tags, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to others using this Website. Your Content does not include the information that you submit in order to create an account on this Website.

 

User Content“: Content that you or any other User submits, posts or transmits to this Website.

 

Third Party Content“: Content that is made available on this Website by parties other than FCR Media Limited or the Users, such as data providers who license data to FCR Media Limited for use on this Website.

 

2. Your Personal data

FCR Media Limited will collect and use Personal data in accordance with the terms of FCR Media Limited’s Privacy Policy which forms an integral part of these Terms and Conditions.

 

3. Your Rights and Obligations

Registration

In order to be able to use certain functionalities of this Website, you will have to register with this Website by creating an account and providing FCR Media Limited with information about yourself. The following conditions apply to all Users:

· Membership of Site is free of charge;

· You must be at least 16 years of age to register and persons under 18 must obtain their parent or legal guardian’s prior consent;

· Registered Users must log on to this Website using a user name and password;

· If you provide FCR Media Limited with identity information, then you have to remain these data up-to-date during your entire membership;

· You cannot transfer your membership;

· You can only have a single membership of this Website at any given time;

· If you use this Website on behalf of a company, entity or organisation, you must be authorised to bind the company, entity or organisation to the Terms and Conditions.

Provided it is available for use, you may freely select your user name (or accept the user name suggested by this Website’s registration system). Your chosen user name must not infringe any Irish law or regulations, any rights of third parties, these Terms and Conditions or any moral and ethical standards of any kind.

When choosing your user name and/or image, you may not:

· use the name and/or image of another person without obtaining their prior explicit consent. Images depicting minors (i.e. person under the age of 18) should be authorised by the minor’s parents or legal guardian;

· use a name and/or image which is protected by copyright, or by any other trade mark, property right or other Intellectual Property Rights of any kind;

· use a name and/or image which might infringe in any way the rights of any individual person or corporate body;

· use a name and/or image which might provoke or harm other members, e.g. vulgar or offensive user names;

· use a name and/or image which contains indications that represent or refer to a membership with an organisation that is of an extremist nature, even if the meaning of the user name and/or image is not immediately recognisable.

Without limitation to any other provision of the Terms and Conditions you undertake to use this Website in a lawful manner, and that you will not at any time contravene these Terms and Conditions, any applicable laws or regulations or any rights of third parties.

Your Content

You are responsible for all the Content that is published or posted on this Website under your user name. For this reason you must select a password for your user name and take the necessary measures to ensure that it is kept secret. Any unauthorised use of your account should immediately be notified to FCR Media Limited (see contact detail on bottom of this page).

The following is and are individually and collectively however strictly prohibited:

· Submitting content that is racist, pornographic, obscene, offensive or vulgar;

· Submitting content that glorifies or downplays violence, or Content which contravenes moral and ethical standards;

· Submitting content which impairs or endangers the development or upbringing of children or young people, or which contravenes human dignity or other valued legally protected interests;

· Submitting content which is able to incite other persons to criminal actions or other actions which contravene moral and ethical standards;

· Submitting abusive or offensive statements;

· Submitting threats to other members, service providers or third parties;

· Submitting Content which consists of defamatory criticism, slander, offensive statements, lies or incorrect information;

· Submitting content which is able to hamper the self-determination of third parties;

· Submitting copied Content which infringes Intellectual Property or other rights;

· Submitting content which presents a security risk, for instance, computer viruses;

· Submitting links to websites containing information that contravenes current legislation, is inappropriate to young people, or is otherwise inappropriate;

· Submitting private data such as telephone numbers or e-mail addresses with the exception of those pertaining to the User’s personal profile;

· Submitting unauthorised advertising, such as raffles, discount campaigns or sales in the form of events;

· Infringing the privacy rights of any third party;

· Impersonating any person or misrepresenting your identity or affiliation with any third party;

· Giving the impression that any content emanates from FCR Media Limited if this is not the case.

 

Reviews

As a User you are authorised to write reviews. FCR Media Limited, however, reserves the right to decide whether and to what extent a review is published on the basis of its own evaluation and may remove any review at all times and for any reason without prior notice to the User concerned.

The following rules apply to the reviews:

· you understand that you will only provide reviews which you believe to be true and that you will not purposely provide false or misleading information;

· only places that may be visited, services that may be used or events that can be attended may be reviewed;

· negative reviews are permitted but they must be expressed in terms of fact;

· no derogatory tags may be used;

· Content which has been provided by service providers/company owners themselves is only permitted as self-expression;

· persons who are either related to or are a co-worker of a service provider may only evaluate the corresponding company provided that they mention this relationship;

· advertising is not permitted in any form (including the listing of e-mail addresses, URLs or telephone numbers for advertising purposes

· Content based upon rumour, allegations or the unconfirmed statements of other persons are not permitted;

· every (branch of a) company may only be reviewed on a single location on this Website.

 

You hereby acknowledge and accept in full that any such views or opinions that are contained within a review or reviews or otherwise are not the views or opinions of FCR Media Limited. You fully acknowledge that you are responsible for Your Content of your reviews and for the impact that Your Content, views or opinions may have on any other party and/or other user.

 

You acknowledge and accept that by being a User and/or that by using or accessing Your Content on our website, that any views or opinions expressed are solely the views and opinions of the author or User (as the case may be) and such views or opinions may not be used against FCR Media Limited by any User and/or third party and/or other user for any reason whatsoever.

 

You acknowledge and accept that Content, Your Content, User Content and Third Party Content are not and do not represent the views and/or opinions of FCR Media Limited.

 

FCR Media Limited reserves the right to rate reviews posted by the Users. For example, FCR Media Limited is authorised to give reviews by Users who post several reviews a higher rating than reviews by Users who post fewer reviews. The same applies to reviews by Users that are given positive ratings by other Users.

 

4. FCR Media Limited’s Rights and Obligations

With regard to Your Content, you hereby grant FCR Media Limited the free, non-exclusive and unlimited right to use Your Content along with the user name that you have chosen.

Without limitation to the foregoing, FCR Media Limited is authorised to duplicate, provide public access to and to make Your Content available on other sites and in other publications in any manner it deems appropriate and to store or archive it in databases.

You confirm that you have all necessary rights to use Your Content which you have made available and that you are authorised to transfer these rights to FCR Media Limited in accordance with the Terms and Conditions.

You agree that Users may search for other Users based on criteria including sex, age, and other public profile information that you have supplied to FCR Media Limited in connection with your registration. Your profile may be included in the search results, unless you disallow this in your account’s privacy options.

FCR Media Limited reserves the right to decide (in its sole discretion) whether and to what extent User Content is published on the basis of its own evaluation and may remove any Content at all times and for any reason without prior notice to the User concerned.

FCR Media Limited is only authorised to modify Your Content in as far as such is necessary for the purposes of graphic representation or for editorial reasons.

In case of any infringement of criminal, public or civil law (or any investigation of same), FCR Media Limited will assist the relevant authorities/parties in their investigations without having to examine the legitimacy of such investigations and/or requests for information.

This Website is not moderated and FCR Media Limited does not have an obligation to monitor compliance with these Terms and Conditions. However, Users may report infringements of these Terms and Conditions to: sayso@goldenpages.ie. Any complaints by Users will be treated confidentially.

 

FCR Media Limited may from time to time provide incentives to Users for certain activities (such as writing reviews or uploading pictures) with so-called “SaySo Points”. The rules concerning the awarding of the SaySo Points are specified by FCR Media Limited only and can be changed by FCR Media Limited at any time without notice. No legal claim of any kind exists regarding such SaySo Points. Sayso Points acquired through improper actions will be deleted by FCR Media Limited.

 

5. Termination of your SaySo Membership

You are allowed to cancel your membership at any time without prior notice. FCR Media Limited reserves the right to terminate your membership with immediate effect in case of a violation of these Terms and Conditions. If FCR Media Limited terminates your membership without notice due to a contravention of these Terms and Conditions, you are prohibited from registering for this Website again without FCR Media Limited’s prior explicit consent.

 

In addition to the above, FCR Media Limited reserves the right to block or terminate your account if it deems that such is necessary or useful for the management of this Website.

 

After termination of your account, FCR Media Limited reserves the right to keep online any Content which you have previously posted to this Website, such as reviews, comments, etc. This Content will be shown without the username and displayed as Content by a deleted User.

 

6. Limitation of Liability and Indemnity

All Content and other material displayed on this Website is provided without any guarantees, conditions or warranties as to its completeness or accuracy. To the fullest extent permitted by law, we expressly exclude:

 

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and
  • any liability for any direct, indirect or consequential loss or damage of any kind howsoever incurred by any User in connection with this Website or their use, inability to use, or results of use of this Website, any websites linked to it and any Content posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of opportunity, loss of anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, or any other liability which cannot be excluded or limited under Irish law.

We shall not be liable for any failure to perform any of our obligations under these Terms and Conditions caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content.

We shall not be liable for any loss or damage caused by viruses, bugs, worms, trojan horses or any other computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or any website linked to it.

We do not guarantee the security of this Website or of any software or systems used in accessing this Website or the security of any information passed through such software, systems and/or this Website. We do not guarantee access to this Website will be continuous or error free.

Any Content downloaded or otherwise obtained through the your use of this Website is at your sole risk and you will be solely responsible for any damage to your computer system or any loss of data that results from the download of any such Content.

You agree to indemnify FCR Media Limited and to keep FCR Media Limited indemnified and to hold FCR Media Limited, its parent, subsidiaries, officers, directors, shareholders and employees, harmless, including with regard to any costs and legal fees, from any claim or demand made by any third party due to or arising out of your access to this Website, any breach by you (or any third party using your account or user name or password) of these Terms and Conditions, or the infringement by you, (or any third party using your account or user name or password), of any Intellectual Property or other right of any person or entity.

 

7. Privacy Policy

All references to “we/our/us” as well as “FCR Media Limited” refer to the commercial corporation FCR Media Limited established at Fumbally Square, Fumbally Lane, Dublin 8. D08 XYA5 .

 

FCR Media Limited is committed to protecting your privacy and to comply with the applicable data protection and privacy laws. All Personal data provided to us through the websites of the FCR Media Limited group or Apps which we make available, will be processed in compliance with the law of 8 December 1992 to protect privacy with respect to the processing of Personal data.

 

This Privacy Policy is an integral part of the terms and conditions of the FCR Media Limited group. Please read the following Privacy Policy before submitting any Personal data to us to understand how we use your personal information after it has been collected by us.

 

If you have any questions about this Privacy Policy, please contact us at info@fcrmedia.ie.

This Privacy Policy may be updated from time to time. The date of the most recent update will appear on this page so please visit this Privacy Policy each time you submit your personal information.

 

Definitions

‘Personal data’ means any information relating to an identified or identifiable natural person. Below, we explain which Personal data we collect from users of our Websites and our Apps.

 

Websites of the FCR Media Limited group or Website means all present and future websites made available by FCR Media Limited, its affiliates or its subsidiaries.

 

App(s) means application software developed by FCR Media Limited for handheld devices such as mobile phones and tablet computers.

Which personal information do we collect from you?

 

Registered Users

When registering an account on our websites we will ask to provide Personal data including your e-mail address, user name and password. The registration form will indicate which information is required, and which is voluntary. If you submit voluntary information, you agree to make this information publicly available in your profile.

 

Our Websites and Apps use user generated content, including ratings of products, services or providers of products and/or services; reviews; images posted by users.

 

Please note that that you should never submit any Personal data unless you agree to make this information public. If the Personal data relates not to you, but to another individual, the information may not impinge upon their privacy and data protection rights. You should not submit such information without the explicit consent of the person concerned. In addition, it is prohibited to submit sensitive Personal data such as health-related or judicial data, or information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership or sex life.

 

All users (including non-Registered Users of Websites or Apps)

When accessing, browsing, using our Websites or Apps, FCR Media Limited will receive information on your use of our services, including (but not limited to): the number of queries introduced; Number of viewed images; Your browser type; IP addresses; URLs consulted by the user; Referred URLs; Timestamp data.

 

In addition, Apps and Website services may use your location. Please note that this functionality can be switched off using the settings of the mobile device on which the App is installed.

 

The Website and Apps are intended for household use. If a user uses our services for other purposes, for example by using the personal messaging service available to Registered Users to send messages to a large number of contacts or to distribute commercial messages, FCR Media Limited is not responsible for such use and the user must ensure that it complies with applicable data protection and privacy laws.

 

FCR Media Limited explicitly prohibits collecting data from its Website or Apps which are not compatible with the purposes of the relevant service or which is in breach of applicable data protection and privacy laws, including the law of 8 December 1992.

 

For which purpose do we use your Personal data?

Registered Users

FCR Media Limited uses your registration data for the purpose of membership administration and to allow you to use the services described in the Terms and Conditions, including the hosting of the information you make public through your profile, sending messages to other users, sending you information in relation to your account, the services, Websites and Apps for which you registered and to respond to your complaints or questions.

 

FCR Media Limited also keeps track of your interests to provide you with results and advertisements adjusted to your profile.

 

In addition, FCR Media Limited can send you news on its products or special offers which may be of interest to you. We will only send you such messages if you explicitly opted to receive these communications and you will always be offered the possibility to opt out from receiving further marketing messages

 

All users (including non-registered users of Websites or Apps)

Many of FCR Media Limited’s services (including location-based services) are also open to non-registered users. For all its users, FCR Media Limited will process Personal data to manage the Website or App and to offer the best possible services to its users.

 

In addition, FCR Media Limited makes statistical analysis of the conduct and the characteristics of its users, and to measure interest and the use of the different elements of the Websites and/or Apps. Such analysis is made using anonymous data.

 

To whom do we transfer your Personal data?

If this is useful for the above-defined purposes, we may share Personal data collected via the website within the FCR Media Limited group of companies and joint ventures. When you agree to receive direct marketing messages from commercial partners, your data will be transferred to these partners.

 

Otherwise we will only disclose Personal data if required by law to public authorities and law enforcement agencies, successors in title to our business, and suppliers we engage to process data on our behalf.

 

International transfers of Personal data

Users of our Website and Apps should bear in mind that the Internet is a global environment and our Website can be accessed from anywhere in the world. Therefore, you should not make any Personal data available through our services unless you agree that this information is made available to users in third countries.

 

Cookies

Please see General Terms and Conditions. More information about cookies can be found on www.aboutcookies.org & www.allaboutcookies.org.

 

Linking to other websites

Please see General Terms and Conditions.

 

Enforcement

FCR Media Limited may use the information collected in connection with your use of the Websites or Apps (including your personal information) in order to investigate, enforce, and apply these Terms and Conditions and this Privacy Policy.

 

Your rights

You have the right to receive a copy of your Personal data and rectify any incorrect data. You can also object to any use of your Personal data for direct marketing purposes.

 

If you wish to exercise your rights, please send an e-mail to info@fcrmedia.ie or write a letter to FCR Media Limited Fumbally Square, Fumbally Lane, Dublin 8. D08 XYA5 . Please indicate clearly in the subject that your query relates to data protection/privacy.

 

8. General Provisions

FCR Media Limited reserves the right to change these Terms and Conditions at any time. Prior to a change to these conditions of use, FCR Media Limited will inform you about the changes: either the changed Terms and Conditions will be made accessible to you prior to their activation on the homepage of this Website and your approval will be requested, or FCR Media Limited will inform you about these changes by sending an e-mail to the e-mail address provided at the moment of registration at least one month before the changes enter into effect. Unless you expressly object to the modified Terms and Conditions by informing FCR Media Limited by e-mail within one month of the notification of the proposed modifications, in which case your membership will be terminated, the new Terms and Conditions will enter into effect automatically one month after the notification thereof.

 

These Terms and Conditions and the use of this Website are governed by Irish law and any disputes shall be subject to the exclusive jurisdiction of the Irish courts.

 

Snapsync; snapsync.ie; snapsync.co.uk – TERMS AND CONDITIONS

 

FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk is a limited liability company incorporated in Ireland and whose head office is at Fumbally Square, Fumbally Lane, Dublin 8. D08 XYA5 is a company that trades; provides its products and/or services and operates the business and services referred to herein under the name Snaplocal and/or Snapsync; Snapsync.ie; and/or Snapsync.co.uk.

 

References to FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk and/or “we” and/or “us” and/or “our” herein shall include and be deemed to include references to Snaplocal and/or Snapsync; Snapsync.ie; and/or Snapsync.co.uk and same shall be construed accordingly. The Terms and Conditions govern the relationship between FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk and you, the “user” and references to “you” and “user” and “applicant” and “person” and “party” shall be interpreted and construed accordingly as the context so requires.

 

In these Terms and Conditions, references to the singular shall include the plural and vice versa. Any reference to a statute or statutory provision includes a reference to it as from time to time amended, extended or re-enacted. The headings in these Terms and Conditions are inserted for convenience only and do not affect its construction or interpretation. The expressions “include”, “includes”, “including”, “in particular” and similar expressions shall be construed without limitation.

 

1. Acceptance of Terms and Conditions

This Website or any of the platforms; services or other websites referred to herein and throughout (“Website”) and all platforms; services; materials; websites and information relating to this Website or any of the platforms; services or other websites referred to herein and throughout and the other websites and services set out below and herein contemplated is owned, controlled and operated by FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk. Your use of and your continued and ongoing use of this Website or any of the platforms; services or other websites referred to herein and throughout is subject to the Terms and Conditions and by accessing and using this Website or any of the platforms; services or other websites referred to herein and throughout you agree that you are signifying your agreement to be bound by the Terms and Conditions. These Terms and Conditions strictly binds all users as well as any party; parties or person(s) who access this Website or any of the platforms; services; products or other websites referred to herein and throughout to the terms herein in all circumstances and all users as well as any party; parties or person(s) who access this Website or any of the platforms; services; products or other websites referred to herein and throughout agree to be fully bound by these Terms and Conditions. If you do not read or if you disagree with any aspect of these Terms and Conditions, you should not use this Website or any of the platforms; services; products or other websites referred to herein and throughout. Your use of and continued use of this Website or any of the platforms; services; products or other websites referred to herein and throughout signifies your agreement and ongoing agreement to be bound by these Terms and Conditions in whatever capacity you use and/or access this Website or any of the platforms; services; products or other websites referred to herein and throughout and howsoever and by whatever means you use and/or access this Website or any of the platforms; services; products or other websites referred to herein and throughout. By using this Website or any of the platforms; services; products or other websites referred to herein and throughout, you acknowledge that you have read, understood and fully agree to our Terms and Conditions and to be bound by our Terms and Conditions.

 

2. Change to Terms and Conditions

FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk may (and is fully entitled to) modify; amend; change or terminate any of Terms and Conditions and/or any of the facilities and/or any of the services offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout any through any of the platforms and other websites herein contained at any time and from time to time, for any reason and without notice and without any liability to you; any other user or any third party. We reserve the right to change the content, presentation, performance, user facilities and/or availability of this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of this Website or any of the platforms; services; products or other websites referred to herein and throughout at our sole discretion, including changing these Terms and Conditions at any time and from time to time. Please ensure that you review this Website or any of the platforms; services; products or other websites referred to herein and throughout and the Terms and Conditions for any updates and changes each time you access this Website or any of the platforms; services; products or other websites referred to herein and throughout. Your continued use of the Website shall signify your acceptance of any amendments; modifications; changes or revisions to our Terms and Conditions.

 

3. Acceptance of Terms and Conditions/Changes to Terms and Conditions

Each time you use or access this Website or any of the platforms; services; products or other websites referred to herein and throughout, whether you are a registered user or not, you agree to be bound by these Terms and Conditions and such amendments and/or changes and/or modifications that may be made at any time and from time to time with or without notice to you. In addition, if you are using a particular service or services; products on or through this Website or any of the platforms; services; products or other websites referred to herein and throughout, you acknowledge and accept that you will be subject to any rules or guidelines applicable to those services; products and the rules and/or guidelines applicable to those services; products shall be incorporated into, form part of and be read in conjunction with these Terms and Conditions. If you are a registered user of this Website or any of the platforms; services; products or other websites referred to herein and throughout and by using a continuing to use this Website or any of the platforms; services; products or other websites referred to herein and throughout and intended to be hereby and herein contained, you all times to agree and acknowledge that you are bound to these Terms and Conditions (as may be amended from time to time with or without notice to you) and your use of or access to and/or ongoing use of or access to this Website or any of the platforms; services; products or other websites referred to herein and throughout signifies your ongoing and continued acceptance of the Terms and Conditions.

 

4. Your Statutory Rights

Nothing contemplated by this Website or any of the platforms; services; products or other websites referred to herein and throughout or by the service and/or services; products that we provide shall affect your Statutory Rights as a consumer under Irish consumer legislation.

 

5. Privacy Policy

FCR Media respects and protects your right to privacy in relation to your interactions with this Website. We have adopted the following policies to safeguard your personal information and to protect its confidentiality. Any information which is provided by you to FCR Media via this Website or otherwise will be treated in accordance with the terms of the Data Protection Acts 1988 and 2003 and/or such amending or replacement legislation as may be adopted in England and Wales from time to time. We encourage you to read this Privacy Policy before using this Website. This Privacy Policy strictly binds all users; subscribers; merchants; purchasers as well as any party; parties or person(s) who access this Website to the terms herein in all circumstances and all users; subscribers; merchants; purchasers as well as any party; parties or person(s) who access this Website agree to be fully bound by this Privacy Policy. If you do not read or if you disagree with any aspect of the Privacy Policy, you should not use this Website. Your use of and continued use of this Website signifies your agreement and ongoing agreement to be bound by the terms of this Privacy Policy in whatever capacity you use and/or access this Website.

 

Cookies

This Website or any of the platforms; services; products or other websites referred to herein and throughout use “cookies”. A cookie is an alpha-numeric identifier which we transfer to your hard-drive through your web browser when you visit this Website or any of the platforms; services; products or other websites referred to herein and throughout. It enables our own systems to recognise you when you visit this Website or any of the platforms; services; products or other websites referred to herein and throughout again and improve our service to you. Cookies may also be used to compile aggregate information about areas of this Website or any of the platforms; services; products or other websites referred to herein and throughout that are visited most frequently.

 

This traffic information can be used to enhance the content of this Website or any of the platforms; services; products or other websites referred to herein and throughout thereby making use of this Website or any of the platforms; services; products or other websites referred to herein and throughout easier for users. We do not track which pages you look at while visiting this Website or any of the platforms; services; products or other websites referred to herein and throughout. If you wish to reject our cookies, you can configure your browser to do so.

 

There are a number of different types of cookies.

 

One type of cookie is a ‘first party’ cookie which may be set by Websites that you visit and which can be only read by that Website you are visiting. Another type of cookie is a ‘third party’ cookie which may be set by the other websites who run content on the page or pages that you are viewing.

 

There are also other types of cookies which may be saved to your computer, such as ‘persistent’ cookies or ‘flash’ cookies. For example, ‘persistent’ cookies which we may use are used by us to store your preferences so that your preferences are remembered for your next visit.

 

By continuing to use this Website or any of the platforms; services; products or other websites referred to herein and throughout you agree that the information contained within these cookies may be used by us in order to enhance your user experience so that we can provide an enhanced service to you.

 

It is possible to block some or all cookies and you should refer to your internet browser in relation thereto. By referring to your internet browser, that you can configure your browser to block or limit cookies. Should you wish not to receive cookies through the use of this Website or any of the platforms; services; products or other websites referred to herein and throughout, you can modify your internet browser so that it notifies you when cookies are put into your browser. You are also in a position to configure your internet browser to delete cookies that have already been set.

 

By continuing to use this Website or any of the platforms; services; products or other websites referred to herein and throughout you are subject to and agree to our Terms and Conditions and you agree to the use of cookies that we use. More information about cookies can be found on www.aboutcookies.org & www.allaboutcookies.org

 

Link to Third Party Sites

Please be aware that where or when you link to another website from this website, FCR Media has no control over that third party website. Accordingly, we shall not and cannot guarantee that the controller of that website will respect your privacy in the same manner as FCR Media. We do not own or control such third party websites and only provide links to other locations on the internet for information purposes. Access to any other website through this website is at your own risk. Your use of third party websites is subject to the terms of

use and terms and conditions contained within each of those third party websites. We are not liable or responsible for the accuracy of any information, data, opinions or statements on these websites or the security of any link or communication with those websites. The fact that we provide a link to a third party website does not mean that we endorse, authorise or sponsor that website.

 

Collection and use of information

When registering with FCR Media you will be asked to provide some personal information. Personal data that is collected will only be used for the purposes for which it was provided by you. FCR Media will not provide your Personal data to any third parties without your prior consent except for the purposes of validating information and collecting debts, unless we reasonably believe that we are required to do so by operation of law. We reserve the right at all times to contact you in relation to the services; products provided on this Website. If at any time after giving us this information you decide that you no longer wish us to hold or use this information, or in the case that the information becomes out of date, you are free to notify us, and we will endeavour to remove or rectify the information promptly. We use your personal information to identify you as a customer, to process your advertisement and to deliver relevant information to you in connection with your advertisement. Personal information about you will not be given or sold to any third parties for use in its marketing or solicitation without your consent. Such information is only collected from you if you submit it to us, and is only kept for as long as it is required for us to provide you with a high quality service, to comply with law or our contractual obligations or for reasonable record-keeping purposes.

 

Additionally, if FCR Media so determines at its sole discretion, we may use your email address to contact you on behalf of interested parties wishing to respond to your advertisements by email regardless of the capacity in which you use this Website. If appropriate, we may use your advertisements, and the advertisements that you view to personalise the Website and identify popular sections. We may also display recently posted advertisements and recently sold goods to users and subscribers of FCR Media.

 

You also acknowledge and agree that in certain circumstances we may be obliged to disclose personal information relating to you to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, as well as to protect and defend the rights of FCR Media, and/or our customers.

 

Your use of others information

You agree that, with respect to other users’ personal information which you obtain through this Website, or as a result of any related communication or transaction, FCR Media hereby grants you a licence to use this information only for:

(a) FCR Media related communications that are not unsolicited commercial messages; or

(b) any purpose that the data subject expressly agrees to after you tell them the purpose you would like to use this personal information for.

 

Under no circumstances (except with the user’s express consent) may you disclose personal information about another user to any third party without the consent of that user. You agree that other users may use your personal information to communicate with you in order to facilitate transactions as set out in this Website.

 

Except as otherwise set out in this Privacy Policy this policy only addresses the use and disclosure of information that FCR Media collects from you. To the extent that you disclose your information to other parties (for example to buyers or sellers on this Website or to other websites throughout the internet) a different privacy statement may apply to their use or disclosure of the information disclosed to them. As FCR Media cannot control the privacy policies of third parties, you should be aware that you will be subject to the privacy policies of that third party.

 

Access to your personal information

You have the right to request a copy of the information which we hold about you (for which we may charge you a small fee) and to have inaccuracies in the information corrected. You can change your registration information including unsubscribing for communications in writing to info@fcrmedia.ie.

 

Use of technical information

While using this Website, you may have the opportunity to send us information relating to you such as through the “Contact” page, via an email query or by placing an advertisement online or where you send emails. By participating, you will be providing us with some level of personal information relating to you. This information will only be used by FCR Media for the purpose for which it was provided by you or for verification purposes and statistical analysis. We use Secure Socket Layer (“SSL”) technology. Due to the nature of the internet, we cannot guarantee the protection of your Personal data and therefore we are not responsible for any loss or damage resulting to you when the Website is used. You should be aware that each time you visit a website, two general levels of information about your visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the Website and the second is information which is personal or particular to a specific visitor who knowingly chooses to provide that information. The statistical and analytical information provides us with a general and non-individual specific information about the number of people who visit this Website; the number of people who return to the Website; the pages that they visit; and where they were before they came to the Website and the page in the Website at which they exited. This information helps us monitor traffic on a website so that we can manage the Website’s capacity and efficiency. This type of non-personal information and data can be collected through the standard operation for internet servers and logs as well as “cookies”.

 

Change of ownership

In the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk t/a FCR Media provided that the third party agrees to adhere to the terms of the Website Privacy Policy then we reserve the right to transfer information (including your Personal data) to a third party and provided that the third party only uses your Personal data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

 

Disclaimer

FCR Media Limited, its directors, employees, servants and agents, affiliates or other representatives and their respective parent and subsidiary companies, shall not be liable in respect of any claims, emergencies, demands, causes of action, damages, losses, expenses, including without limitation, reasonable legal fees and costs of proceedings arising out of or in connection with the use and/or dissemination of personal information relating to you in accordance with this Privacy Policy and your consents.

 

Amendments

FCR Media reserves the right in its sole discretion to amend this Privacy Policy at any time, and you should regularly check this Privacy Policy for any amendments.

 

Questions or comments

If you have any questions, concerns, comments or complaints about this Privacy Policy and/or our collection or use of personal information, or if you wish us to stop processing your personal information for any particular purpose or purposes, then please contact us at info@fcrmedia.ie.

 

6. Personal Information

You agree that by using this Website or any of the platforms; services; products or other websites referred to herein and throughout you may provide us with personal information such as your name, address, e-mail address(es) and other contact details or personal information. Through the use of the services; products provided on this Website or any of the platforms; services; products or other websites referred to herein and throughout and thereby your agreement to our Terms and Conditions, you agree that we shall be in a position to use this personal information to assist us in improving our services to you. Whilst we do not share this personal information with any third party or parties unless required to do so by operation of law or in accordance with the terms of Data Protection legislation, by using this Website or any of the platforms; services; products or other websites referred to herein and throughout and thereby agreeing to our Terms and Conditions, you consent to us processing this personal information for the purposes of enhancing your enjoyment of this Website or any of the platforms; services; products or other websites referred to herein and throughout and in order that we can enhance your experience as a user.

 

You fully authorise FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk to use this data (personal and otherwise) in its entirety and further authorise FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk to share this data across all of the FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk properties; platforms; products; and services; products. All data and information will be free for FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk to use in line with FCR Media Limited’s Privacy Policy and for any other marketing or service enhancing activities at FCR Media Limited’s sole discretion. For the avoidance of doubt, all use of this data or information shall be in compliance with the Data Protection Acts 1988 and 2003.

 

You consent to us to providing this personal information to any of our successors and/or assignees and/or any of our relevant businesses. Please refer to and review our Privacy Policy for more details.

 

7. Intellectual Property; Copyright Notice and Limited Licence

In this Clause, the following terms shall have the following meanings:-

 

“Intellectual Property” means, amongst other things (i) patents, trade marks, service marks, registered designs, utility models, petty patents, design rights, trade or business names, copyrights, database rights, logos, get-up and topography rights, inventions, rights to and in trade secrets and other confidential information and know-how (whether or not any of these is registered or capable of registration and all rights to apply for registration or other protection of, or to claim priority in, relation to any of the above; and (ii) all other intellectual property and neighbouring rights and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of the above in any part of the world; and

“Intellectual Property Rights” means the Intellectual Property which, or the subject matter of which, is used or intended to be used on this Website or any of the platforms; services; products or other websites referred to herein and throughout.

 

All of the information, content, graphics, text, logos, images contained in this Website or any of the platforms; services; products or other websites referred to herein and throughout are protected by copyright, trademark, database rights, sui generis rights and other intellectual property laws, under national laws and international treaties. FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk and/or its licensors (as the case may be) retains all rights, title, interest and Intellectual Property Rights in and to the materials relating to all matters set out herein. Any other use of the materials on this Website or any of the platforms; services; products or other websites referred to herein and throughout, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk is strictly prohibited and is a violation of the proprietary and intellectual rights of FCR Media Limited. Other than as expressly provided herein, nothing in these Terms and Conditions should or shall be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trademark, database right, sui generis right or other Intellectual Property Rights or proprietary interest of FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk its licensors or any third party.

 

8. Indemnity

You agree to defend, indemnify and hold FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk and (as applicable) its officers; directors; employees; agents; subsidiaries; affiliates and any of our third party information service providers or other representatives harmless against any and all claims demands, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms and Conditions or any claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of this Website or any of the platforms; services; products or other websites referred to herein and throughout, including but not limited to posting content on this Website or any of the platforms; services; products or other websites referred to herein and throughout, entering into transactions with other websites users, contacting others as a result of their postings on this Website or any of the platforms; services; products or other websites referred to herein and throughout, infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach of these Terms and Conditions.

 

9. Disclaimer of Warranties

You understand and agree that your use of this Website or any of the platforms; services; products; products or other websites referred to herein and throughout and any services; products or content provided is made available and provided to you at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, and reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

 

10. Jurisdiction and Governing Law

This Website or any of the platforms; services; products or other websites referred to herein and throughout is controlled and operated by FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk from Ireland. FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk does not make any representations that the facilities, services; products and/or materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout are appropriate or suitable for use in countries other than England and Wales or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Website or any of the platforms; services; products or other websites referred to herein and throughout, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Website or any of the platforms; services; products or other websites referred to herein and throughout, facilities, services; products and/or Materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise, this Website or any of the platforms; services; products or other websites referred to herein and throughout, the facilities, services; products and/or Materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of them are not directed at you). These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and you hereby agree for the benefit of FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk and without prejudice to the right of FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk to take proceedings in relation to these Terms and Conditions before any court of competent jurisdiction, that courts of England and Wales shall have the exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms and Conditions, or for such purposes you irrevocably summit to the jurisdiction of such courts.

 

11. Miscellaneous

Any waiver of any provision of these Terms and Conditions must be in writing signed by FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. If any court of competent jurisdiction finds any provision of these Terms and Conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding effecting the validity and enforceability of any remaining provision. These Terms and Conditions represent the entire understanding and agreement between you and FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk relating to use of this Website or any of the platforms; services; products or other websites referred to herein and throughout, its facilities and/or services; products and supercede any and all prior statements, understandings and agreements whether oral or written, and shall not be modified except in writing, signed by you and by FCR Media Limited.

 

12. Data Protection

We shall use the data collected from you for the purpose of performing our obligations under the Agreement and for administration, risk assessment, marketing and credit checking purposes. We may, for these purposes, disclose your data to our agents, service providers and selected third parties at our sole discretion. Any of the information held by us in respect of your business or personal information (the “Information”) may be used by us in any other products or services; products it may provide and/or in carefully selected third party products or services; products which FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk deems appropriate.

 

By using this Website or any of the platforms; services; products or other websites referred to herein and throughout and by continuing to browse and use this Website or any of the platforms; services; products or other websites referred to herein and throughout you are agreeing to allow FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk to gather and collate your data as a user of this Website or any of the platforms; services; products or other websites referred to herein and throughout. You fully authorise FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk to use this data (personal and otherwise) and Information in its and their entirety and further authorise FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk to share this data and Information across all of the FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk properties; products; platforms; services; products and websites. All data and information will be free for FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk to use in line with FCR Media Limited’s Privacy Policy and for any other marketing or service enhancing activities at FCR Media Limited’s sole discretion. For the avoidance of doubt, all use of this data or information shall be in compliance with the Data Protection Acts 1988 and 2003.

 

13. Licence

FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk grants you a personal, non-exclusive and non-transferable licence to access this Website and to use the information and other content provided on this Website subject to these Terms and Conditions. You shall not assign, dispose of, sub-licence or otherwise transfer this right.

 

14. Important Notice

Whilst your use of; access to and of; browsing of; registration with and general use of this Website or any of the platforms; services; products or other websites referred to herein and throughout are governed by these Terms and Conditions and any applicable term and condition and term of use as are set out above and below in respect of this Website or any of the platforms; services; products or other websites referred to herein (and same shall be construed accordingly), you agree to and accept and at all times agree to and accept that your use of; access to and of; browsing of; registration with and general use of this Website and/or all or any part of this Website or the platforms; products; services; and websites referred to herein and throughout howsoever and by whatever means you use and/or access this Website or any of the platforms; services; products or other websites referred to herein and throughout are governed by these Terms and Conditions. Where any conflict or discrepancy may arise, you acknowledge and accept in full that these Terms and Conditions and the terms and conditions and terms of use below shall be read in conjunction with each other and FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk shall at all times reserve the right to determine at its sole discretion which applicable or relevant term or condition shall apply in any particular circumstance where a conflict or discrepancy may arise. By using and by continuing to use this Website and/or any of the platforms; services; products and other websites referred to herein and throughout, you grant FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk the right to be the only party capable of making such a determination in that regard and its determination shall be conclusive.

 

15. General Provisions

FCR Media Limited trading as Snapsync; Snapsync.ie; and/or Snapsync.co.uk reserves the right to change these Terms and Conditions at any time. Please refer to the Important Message above in relation to any changes; amendments; and/or modifications that we may make from time to time.

 

These Terms and Conditions and the use of this Website are governed by the law of Ireland and any disputes shall be subject to the exclusive jurisdiction of the Irish courts.

 

16. Contact Information

FCR Media Limited

Fumbally Square, Fumbally Lane, Dublin 8. D08 XYA5

 

Other FCR Media Limited Websites

goldenpages.ie (http://www.goldenpages.ie)

eircomphonebook.ie (http://www.eircomphonebook.ie)

FCR Media Ireland