FCR MEDIA LIMITED – GETLOCAL SELLER TERMS AND CONDITIONS

General

The following terms and conditions (hereinafter the “Seller Terms”), along with our General Terms and Conditions (hereinafter the “General Terms and Conditions”) and other applicable terms and policies, apply to Your use of any commerce service (each, a “GetLocal Feature”) that we may make available or make available for You to display, facilitate the sale of, facilitate the lease of or rental of, or facilitate the lease of or sale of goods or services through GetLocal to users (each a “User”) on or through GetLocal.ie surfaces and/or any of GetLocal.ie platforms.

The Seller Terms and the General Terms and Conditions are and shall be read in conjunction with each other and hereby and henceforth comprise the full terms and conditions applicable to GetLocal (hereafter together the “GetLocal Seller Terms and Conditions”).

FCR Media Limited, trading as GetLocal (hereinafter "GetLocal" or “we” or “us”) whose head office is at Alexandra House, 3 Ballsbridge Park, Ballsbridge, Dublin 4, D04 C7H2, Ireland is a limited 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; GetSold; GetSold.ie; GetDomains; GetDomains.ie; GetHosting; GetHosting.ie; ListingManager; Snapsync; Snapsync.ie; SayHi Wifi; Sayhiwifi.ie; GetLocal; GetLocal.ie; Marketplace; Shopfront; Saymore; Saymore.ie and where applicable, eircomphonebook; and eircomphonebook.ie.

By accepting the GetLocal Seller Terms and Conditions and by entering into any agreement with us in relation to GetLocal, You agree that You are signifying Your agreement to be bound by the GetLocal Seller Terms and Conditions. These GetLocal Seller Terms and Conditions strictly binds You and all Users as well as any party; parties or person(s) who has or have Your authority and/or who may be associated with You. If You do not read or if You disagree with any aspect of these GetLocal Seller Terms and Conditions, You should not use GetLocal (as well as any product, service or platform associated with GetLocal). Your use of and continued use of GetLocal signifies Your agreement and ongoing agreement to be bound by these GetLocal Seller Terms and Conditions in whatever capacity You use and/or access GetLocal (as well as any product, service or platform associated with GetLocal) and howsoever You use and/or access GetLocal (as well as any product, service or platform associated with GetLocal). By using GetLocal (as well as any product, service or platform associated with GetLocal), You acknowledge that You have read, understood and fully agree to our GetLocal Seller Terms and Conditions and to be bound by our GetLocal Seller Terms and Conditions.

After reading the GetLocal Seller Terms and Conditions, if for any reason You do not agree with or cannot abide by the GetLocal Seller Terms and Conditions, please notify Your disagreement with the GetLocal Seller Terms and Conditions to us in writing. By using GetLocal and/or any other FCR Media Limited platforms, services or products, You are signifying Your agreement to the GetLocal Seller Terms and Conditions and will be strictly bound by the terms and provisions and conditions of the GetLocal Seller Terms and Conditions.

Change to the GetLocal Seller Terms and Conditions

FCR Media Limited may modify; amend; change, alter or terminate any of the facilities and/or any of the services offered through GetLocal 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 GetLocal or any part of GetLocal at our sole discretion, including changing these GetLocal Seller Terms and Conditions at any time and from time to time. Please ensure that You review GetLocal and the GetLocal Seller Terms and Conditions for any updates and changes each time You access GetLocal. Your continued use of the Website shall signify Your acceptance of any amendments; modifications; changes or revisions to our GetLocal Seller Terms and Conditions.

Acceptance of the GetLocal Seller Terms and Conditions and Amendments thereto

You agree to be bound by these GetLocal Seller 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. You acknowledge and accept that You will be subject to any rules or guidelines applicable to GetLocal and the rules and/or guidelines applicable to GetLocal shall be incorporated into, form part of and be read in conjunction with these GetLocal Seller Terms and Conditions.

Any variation of these GetLocal Seller Terms and Conditions (including any special GetLocal Seller Terms and Conditions and terms and conditions agreed between the parties) shall be inapplicable and unenforceable unless agreed in writing.

Your Statutory Rights

Nothing contemplated by GetLocal shall affect Your Statutory Rights as a consumer under Irish consumer legislation. Noting in the GetLocal Seller Terms and Conditions shall create or be construed or interpreted to create any partnership or joint venture between FCR Media Limited and You.

Minimum Age and Responsibility

If You are under the age of 18 You may only use GetLocal in conjunction with and under the supervision of Your parent(s) or guardian(s). By using GetLocal, You understand that You are legally and financially responsible for all use of GetLocal by You and those using Your log-on information. By using GetLocal and thereby agreeing to these GetLocal Seller Terms and Conditions, You agree that You will notify us immediately of any unauthorised use or any other breach of security. GetLocal shall in no way be responsible for any matters whatsoever or howsoever arising and relating to the use of or access to GetLocal by any person or persons under the age of 18.

Definitions

In these GetLocal Seller Terms and Conditions, the following words and phrases have the following meanings:

“Agreement” means this agreement and which term includes and incorporates Your full acceptance of our GetLocal Seller Terms and Conditions and any and all conditions set out herein and therein.
"You" and "Your" means you, the Seller.
"we/us/our" means FCR Media Limited, trading as GetLocal, including, where appropriate, its directors; officers; employees; servants and authorised agents.
"Contract" means the contract between You and a Purchaser for the Sale and Purchase of Good(s) and/or Product(s) and/or Service(s).
"Deal" means a deal completed between You to a Purchaser.
“Listing(s)” and/or “Profile(s)” means Your Business, Products, Goods, and/or Services, displayed on GetLocal.ie and/or goldenpages.ie via ShopCards, Shops, and/or Marketplace, or displayed on any other service provided by goldenpages.ie.
“Merchant/Seller” means You, the Seller.
“Product(s)” means Your good(s); product(s) and/or service(s)s offered by You and readily available and identifiable through an internet search and reference to Product(s) hereinbefore and hereinafter shall include any good(s); product(s) and/or service(s) offered by You and reference to Good(s); Product(s) and/or Service(s) shall be construed accordingly.
“Purchase” means the purchase by a Purchaser of a Product or Products from You.
"Purchaser" means an individual or a party who Purchases a Product or Products from You.
“Sale” means the sale by You of a Product or Products to a Purchaser.
“Seller Commerce Features” means the online service, and features therein, provided to the Seller via GetLocal.ie, Goldenpages.ie, ShopCards, Shops, and Marketplace.
“Seller Content” means the information displayed in relation to Your Business, Products, Goods, and/or Services, including but not limited to descriptions, images, prices, logos, trademarks; as provided by You through various means, including via goldenpages.ie APIs or allowing FCR Media Limited to use automated software to retrieve information from Your domain(s) and webpage(s) or other URL(s) provided by You.
“Service” means the service provided by us through GetLocal (as well as any product, service or platform associated with GetLocal).
“User” means a person or persons or party or other entity that browses and/or access and/or uses GetLocal (as well as any product, service or platform associated with GetLocal), which term shall where the context so requires, include You; a Purchaser as well as any User who does or has not registered but who uses or accesses information provided on GetLocal (as well as any product, service or platform associated with GetLocal).
“Website” means GetLocal.ie.

Product Listings and Your use of Seller Commerce Features

We may display Product listings shared by You or Products on Your behalf (“Product Listings”) or other content, data, or information shared by You or on Your behalf (together with Product Listings, “Seller Content”) on the GetLocal.ie surfaces.

Your Seller Content and use of Seller Commerce Features must comply at all times with the GetLocal Seller Terms and Conditions, our other applicable policies, and all applicable laws, rules and regulations.

You may not offer or sell counterfeit or pirated products or services through the Seller Commerce Features. You are solely responsible for determining whether the Seller Commerce Features are suitable for Your intended use.

You may provide Seller Content through various means, including via goldenpages.ie APIs or allowing FCR Media Limited to use automated software to retrieve information from Your domain(s) and webpage(s) or other URL(s) provided by You. FCR Media Limited, or any entity acting on FCR Media Limited’s behalf, may access, index, cache, analyse, or crawl, including through use of automated software, the domain(s) and webpage(s) associated with Your Seller Content in connection with our Seller Commerce Features, enforcement of our Commerce Policies, or both. If You provide URLs or similar content in connection with Seller Content, You grant FCR Media Limited, any entity acting on FCR Media Limited’s behalf, the right to access, index, cache, analyse, or crawl the URL(s) and the content available through such URL(s), or any portion thereof and, based, to pull updates periodically from such URL(s) to create, augment, or update Your Seller Content.

You are solely responsible for the form, make-up and content of Your Seller Content (including description, price, fees, tax that You calculate, any required legal disclosures, and any offers or promotional content) and agree that such Seller Content will be true, accurate, and complete. You acknowledge and accept that FCR Media Limited has absolutely no liability and/or responsibility for the Seller Content and You agree to indemnity FCR Media Limited in all respects in relation to Seller Content and shall keep FCR Media Limited indemnified and effectually indemnified in all regards and in all respects thereto.

By using GetLocal, You authorise FCR Media Limited to use any trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with FCR Media Limited’s authorised use of the content that You submit through GetLocal.ie and goldenpages.ie.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and create derivative works of any Seller Content provided by You or accessed by us in connection with the Seller Commerce Features, including photos and videos, in connection with the Products. You agree that You have all necessary rights in Seller Content to grant the license in the foregoing sentence.

You are responsible for displaying any sales, privacy, or other terms or other information or disclosures related to Your Seller Content that You want to apply to Your interactions with Users on Your own properties. Any such terms, information, or disclosures do not bind us and may not conflict with these GetLocal Seller Terms and Conditions and our other applicable terms and policies.

You are solely responsible for ensuring that the Seller Content is clear and professional in appearance. This content should lead users to products and landing pages that are relevant, useful, and easy to interact with. We may choose not to surface products where the associated landing page; results in an error, is under construction, leads to parked domains, is not working, has disabled the browser's back button, is not viewable in commonly used browsers, or for any other reason where the Seller Content does not meet editorial and professional standards.

From time to time, we need to test improvements to our audiences and delivery systems, which could impact how Your Seller Content is displayed or Your use of Seller Commerce Features or other services. Our testing is designed to improve the effectiveness of Your Product Listings and Seller Content. We reserve the right to test when we believe it will be beneficial for Seller performance.

You are responsible for any defect or non-conformity and complying with any recall or safety alert with respect to any product related to Your Product Listings. You agree to immediately remove any Product Listing upon issuance of any recall or safety alert or allegation of infringement of intellectual property rights with respect to products relating to Your Product Listings.

We are not responsible for managing, paying for, or fulfilling any sales or customer service or warranty service, managing returns, or accommodations in connection with Your use of a Seller Commerce Feature. Any guidance we provide regarding price for products is informational only and optional.

We may allow Users to post content, including ratings and reviews, related to You or Your Seller Content. You understand automated software may be used to present more useful ratings and reviews to Users. You may not submit or cause or allow others to submit illegitimate ratings or reviews.

The GetLocal Seller Terms and Conditions do not create any partnership, joint venture, franchise, sales representative or agency relationship between You and FCR Media Limited or any exclusive relationship between us.

Prohibited Content

Buying or selling of the following (which list is non-exhaustive) is strictly prohibited on GetLocal and goldenpages.ie commerce surfaces and features:

Adult-oriented content: The promotion of adult orientated content including; adult merchandise, sexually suggestive content, images containing exposed skin and nudity, is restricted.

Alcoholic beverages: The promotion of alcoholic beverages and drinks that resemble alcoholic beverages is restricted. When promoting alcoholic beverages, You may not; violate applicable laws and industry standards, target individuals below the legal drinking age, imply that drinking alcohol can improve social, sexual, professional, intellectual, or athletic standing, imply that drinking alcohol provides health or therapeutic benefits, portray excessive drinking in a positive light or feature binge or competition drinking, show alcohol being consumed in conjunction with the operation of a vehicle of any kind, the operation of machinery, or the performance of any task requiring alertness or dexterity. Examples of restricted alcoholic beverages: beer; wine; sake; spirits or hard alcohol; Champagne; fortified wine; non-alcoholic beer; non-alcoholic wine; and non-alcoholic distilled spirits.

Copyrighted content: The promotion of copyrighted content is restricted. If You would like to promote copyrighted content and believe You are legally authorised to do so, You can contact us.

Gambling-related content: The promotion of gambling-related content is restricted Examples of restricted gambling-related content: national or private lotteries; offering bonus codes or promotional offers for gambling sites.

Healthcare-related content: The promotion of healthcare-related content including; over-the-counter medication, prescription drugs, unapproved pharmaceuticals and supplements, pregnancy and fertility-related products, sexual enhancement treatments, is restricted. The restrictions that apply to this content may vary depending on the product You're promoting.

Political content: The promotion of political content is restricted. Where a Sellers content seeks to promote political content they must ensure that all applicable laws and industry standards for any location targeted are observed. Examples of political content: promotion of political parties/candidates, political issue advocacy.

Trademarks: Trademark use by Sellers on goldenpages.ie commerce surfaces are not restricted in the title or description of listings where the use of the trademark is for trademarked product or a product compatible with the trademarked product. Claims by trademark owners that use of their trademark is likely to cause consumer confusion about the origin of a product will be reviewed. To submit a trademark-related complaint if You’re an owner of the trademark, please contact us.

Animals: Listings may not promote the buying or selling of animals.

Body Parts and Fluids: Listings may not promote the buying or selling of human body parts or fluids.

Dangerous or toxic products: Listings may not promote products that cause damage, harm, or injury. Examples include; recreational drugs (chemical or herbal); psychoactive substances; equipment to facilitate drug use; weapons, ammunition, explosive materials and fireworks; instructions for making explosives or other harmful products; tobacco products.

Digital Media and Electronic Devices: Listings may not promote the buying or selling of devices that facilitate or encourage streaming digital content in an unauthorized manner or interfering with the functionality of electronic devices.

Documents, Currency, and Financial Instruments: Listings may not promote the buying or selling of real or fake documents, currency, financial instruments and virtual currency.

Counterfeit Products: Listings may not promote the sale of counterfeit products. Counterfeit Products contain a trademark or logo that is identical to or substantially indistinguishable from the trademark or logo of another. They mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.

Hazardous Products and Materials: Listings may not promote the buying or selling of hazardous materials and substances.

Human Exploitation and Sexual Services: Listings may not promote any form of human trafficking, prostitution, escort, or sexual services.

Ingestible Supplements: Listings may not promote the buying or selling of ingestible supplements.

Inappropriate content: Listings may not promote products that display shocking content or promote hatred, intolerance, discrimination, or violence.

Medical and Healthcare Products: Listings may not promote medical and healthcare products and services, including medical devices, or smoking cessation products containing nicotine.

Misleading, Violent, or Hateful: Listings may not contain misleading, violent, or hateful products and offers.

No Item for Sale: Listings may not promote news, humour, or other content that does not offer any product for sale.

Prescription Products, Drugs, and Drug Paraphernalia: Listings may not promote the buying or selling of drugs, drug paraphernalia, or prescription products.

Products or services that enable dishonest behaviour: Listings may not promote products or services that are designed to enable dishonest behaviour Examples include: Hacking software or instructions; fake documents; academic cheating products.

Recalled Products: Listings may not promote the buying or selling of recalled products.

Stolen Products: Listings may not promote the buying or selling of items that have been stolen.

Third-Party Infringement: Listings may not contain content that infringes upon or violates the intellectual property rights of any third party, including copyright or trademark. This includes, but is not limited to, the promotion or sale of counterfeits, such as goods that copy the trademark (name or logo) and/or distinctive features of another company’s products to imitate a genuine product.

Tobacco Products and Related Paraphernalia: Listings may not promote the buying or selling of tobacco products or tobacco paraphernalia.

Weapons, Ammunition, and Explosives: Listings may not promote the buying, selling, or use of weapons, ammunition, and explosives.

Prohibited Practices

The following non-exhaustive list of practices are prohibited on GetLocal and goldenpages.ie commerce surfaces and features:

Abuse of the platform: We do not allow the promotion of; malicious content, sites that offer little unique value to users and are focused primarily on traffic generation, Sellers who attempt to gain an unfair advantage, Sellers who attempt to bypass our review processes.

Irresponsible data collection & use: Sellers must ensure they comply with all relevant Data Protection and GDPR requirements. As such, our Sellers must not misuse information, nor collect it for unclear purposes or without appropriate security measures.

Misrepresentation: Sellers may not represent themselves or their products in a way that is not accurate, realistic, and truthful. Sellers may not seek to promote practices that prompt users to initiate a purchase or other commitment without first providing all relevant information and obtaining the user’s explicit consent.

Commerce Eligibility Requirements

In order to sell on Goldenpages.ie commerce surfaces as a business, Your goldenpages.ie account must meet the following requirements:

Comply with our policies.
Represent Your business and Your domain.
Be located in Ireland.
Have a listing on goldenpages.ie
All businesses that comply with our eligibility policies may be represented on Marketplace and goldenpages.ie, however for GetLocal.ie IE Shops – Your eCommerce domain needs to be a .ie.
Demonstrate trustworthiness.
Provide accurate information and follow best practices.
Must not be a crowdfunding or dropshipping enterprise.

Failure to satisfy these requirements at any time may lead to loss of access to goldenpages.ie Commerce surfaces, Commerce features, or may lead to Your account being disabled. Goldenpages.ie commerce surfaces include, but are not limited to, GetLocal.ie Shop Cards, GetLocal.ie ShopFronts, goldenpages.ie listing, Marketplace.

Warranties, Undertakings and Acknowledgements

You fully and absolutely acknowledge, agree and accept that FCR Media Limited:

expressly disclaims 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 relating to each, any and Product(s) that may be, is or are purchased by a Purchaser from You, used by a Purchaser or availed of by a Purchaser from You and/or through any third party website(s), point(s) of sale, social media platform(s) and/or online shop(s) from any such third party website(s), seller(s), merchant(s); service provider(s); point(s) of sale, social media platform(s) and/or online shop(s);

makes no warranty, implied or express, that any part of the service of GetLocal.ie 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; and

accepts no risk and/or our liability of any kind with respect to the information that You provide in relation to any third party website(s), seller(s), merchant(s); service
provider(s); point(s) of sale, social media platform(s) and/or online shop(s) and/or advertisers through Your use of GetLocal.ie.

You fully and absolutely undertake, warrant and represent to FCR Media Limited as follows:-

You hereby agree and accept and acknowledge that each, any and all Product(s) that may be, is or are purchased from You, used and/or availed of by a Purchaser from You and/or any third party website(s), seller(s), merchant(s) or service provider(s); point(s) of sale; social media platform(s) and/or online shop(s) is/are strictly subject to Your independent and separate agreement (in each and every case) with such Purchaser in all regards and specifically in relation to any third party website(s), seller(s), merchant(s) or service provider(s); point(s) of sale, social media platform(s) and/or online shop(s);

You hereby agree and accept and acknowledge that each, any and all Product(s) that is, may be or are purchased from You, used and/or availed from You by a Purchaser is strictly subject to You own terms of use or terms and conditions and/or subject to any applicable agreement of any third party website(s), seller(s), merchant(s) or service provider(s); point(s) of sale, social media platform(s) and/or online shop(s);

You hereby agree and accept and acknowledge that FCR Media Limited has no privity of contract with any Purchaser (nor with You in relation to any Contract and/or Purchase); nor with any third party website(s), seller(s), merchant(s) or service provider(s) in any respect with regard to each, any and all Product(s) that is, may be or are purchased from You, used and/or availed from You by a Purchaser and/or any and all Contracts and Purchases that are at all times subject to an applicable agreement between the Purchaser and You and/or between the Purchaser and any third party website(s), seller(s), merchant(s) or service provider(s); point(s) of sale, social media platform(s) and/or online shop(s);

You hereby agree and accept and acknowledge that each, any and all Purchases between You and a Purchaser are independent and separate agreements between You and such Purchaser;

You hereby agree and accept and acknowledge that the point of sale shall be the Contract and/or Agreement (including any and all transactions) that You enter into, make and complete with a Purchaser;

You hereby agree and accept and acknowledge that all sales and all matters relating to the processing of payments shall be (and shall remain) a matter between You and the Purchaser and/or between You and the Purchaser and any third party website(s); seller(s); merchant(s); service provider(s); social media platform(s) and/or online shop(s) and shall under no circumstance involve or include FCR Media Limited.

You hereby agree and accept and acknowledge that in relation to each, any and all Product(s) that is, may be or are purchased from You, used and/or availed from You by a Purchaser and/or purchased by a Purchaser from any third party website(s); point(s) of sale; social media platform(s); online shop(s); seller(s), merchant(s) or service provider(s) there shall be no privity of contract nor any contractual relationship nor any fiduciary relationship whatsoever between FCR Media Limited and You nor between FCR Media Limited and the Purchaser nor between FCR Media Limited and any third party website(s), point(s) of sale, social media platform(s) and/or online shop(s), seller(s), merchant(s) or service provider(s).

You hereby agree and accept and acknowledge that FCR Media Limited shall under no circumstance(s) whatsoever and howsoever arising be liable for or liable to any party (including, but not limited to, You, a Purchaser and any third party website(s), point(s) of sale, social media platform(s) and/or online shop(s), seller(s), merchant(s) or service provider(s)) for any financial loss or other form of loss (past, present, future or contingent), damages or actions that may arise from a Purchase and/or Contract and/or that may arise at the point of sale (and or at any time before the point of sale or after the point of sale) and You hereby expressly and effectually and fully indemnify FCR Media Limited (which, for the avoidance of any doubt, shall include any FCR Media Limited group company) and shall continue to expressly and fully and effectually indemnify FCR Media Limited in all respects regarding, relating to or in connection with each, any and all Contracts and Purchases (all of which are and shall remain matters between You and the Purchaser(s)).

You acknowledge, agree and accept that all data relating to You shall be ‘controlled’ by and/or ‘processed’ by You and/or any third party website(s), seller(s), merchant(s) or service provider(s); point(s) of sale; social media platform(s) and/or online shop(s) and not by FCR Media Limited and that all risk and exposure thereto shall be Yours and Yours alone. FCR Media Limited accepts no responsibility for Your personal data (as those expressions are defined under the provisions of the Irish Data Protection Act 2018 and GDPR Regulations) and FCR Media Limited cannot and shall not be regarded at any time as a ‘data processor’ and/or ‘data controller’ (as those expressions are defined under the provisions of the Irish Data Protection Act 2018 and GDPR Regulations) with regard to Your personal data.

You acknowledge, agree and accept that all responsibility and all liability (and risk and exposure) relating to Your personal data and the ‘control’ and ‘processing’ thereof (as those expressions are defined under the provisions of the Irish Data Protection Act 2018 and GDPR Regulations) remains the sole responsibility and liability all times and under all circumstances of You and/or the Purchaser and/or any third party website(s), seller(s), merchant(s); service provider(s); point(s) of sale, social media platform(s) and/or online shop(s)) and You hereby expressly and fully and effectually indemnify FCR Media Limited (which, for the avoidance of any doubt, shall include any FCR Media Limited group company) and shall continue to fully and effectually indemnify FCR Media Limited in all respects regarding, relating to or in connection with Your personal data (and any and all matters whatsoever and howsoever arising relating thereto).

Responsibility

Please note that it is You, the Seller, and not GetLocal, who is the Seller of Your Products and You are and shall be the party solely responsible for selling Your Products.

Please note that it is You who or that is the party who enters into a Contract or Agreement with a Purchaser and all matters relating to a sale of a Product or Products by You to a Purchaser and the Purchase of a Product or Products from You by a Purchaser is and are solely matters between You and the Purchaser.

You are solely responsible for any harm or damage that is caused or that may be caused to a Purchaser and/or solely responsible for any and all and loss that that occurs or may occur. GetLocal shall not in any way whatsoever or under any circumstances howsoever arising be responsible for any harm or damage to a Purchaser howsoever and wheresoever arising and by using GetLocal (as well as any product, service or platform associated with GetLocal) and agreeing to our GetLocal Seller Terms and Conditions, You agree to fully indemnify GetLocal against any and all loss or damage that may arise.

Privacy Policy

Please refer to our Privacy Policy set out in our General Terms and Conditions.

Data Protection

Please refer to the rules and regulations governing Data Protection set out in our General Terms and Conditions.

Your Obligations

Seller(s)/Merchant(s): You shall have their own applicable terms and conditions in relation to the supply of Your Products and You shall ensure that anyone purchasing a Product from You abides by and complies with Your own business and sales terms and conditions.

The GetLocal Seller Terms and Conditions do not and shall apply to any sale of a Product by You to a Purchaser. All responsibility thereto is Yours and You fully accept that such responsibility is not ours.

It is Your sole responsibility to ensure that any Product(s) or other information available through an internet search meets Your specific requirements.

Errors and Omissions

We are not liable for any errors or omissions whatsoever and/or howsoever arising. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of any errors or omissions. We do however reserve the right to change; amend; modify; substitute; suspend or remove without notice any information on GetLocal or change; amend; modify; substitute; suspend or remove any part the Products from time to time and at our sole discretion.

We shall be entitled immediately or at any time (in whole or in part) to suspend GetLocal.

Your Obligations

You must never interfere or attempt to interfere with GetLocal.ie using any software program, routine or other activity. By using GetLocal.ie, You agree to comply with our GetLocal Seller Terms and Conditions. If You interfere with or attempt to interfere with GetLocal.ie, we shall hold You responsible for any and all damage or loss caused by You and all necessary steps shall be taken against You permitted by law.

You must not user block, obscure, overwrite or modify any content on GetLocal.ie.

You must not copy, reproduce, modify, re-publish, upload to a third party, transmit, post or distribute the contents of GetLocal.ie electronically or otherwise without our express authorisation. However, strictly on the condition that You keep all content intact and in the same form as presented on GetLocal.ie, You may, using an industry-standard web browser, download and view the content for personal, non-commercial use only. GetLocal.ie must not be used in any unlawful manner or purpose or in any manner which violates the rights of any person or which is prohibited by these GetLocal Seller Terms and Conditions.

In addition, You must not and shall not, in connection with GetLocal.ie, submit any content or information to us that may contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts or adversely affects the intended function of GetLocal.ie including, viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming/software routines that may damage, modify, delete, interfere with, intercept or access any system, data or personal information without authority.

GetLocal

You agree that GetLocal.ie is not fault-free and that You may experience interruptions and access difficulties from time to time. We do not guarantee continuous, uninterrupted or secure access to our services and operation of GetLocal.ie may be interfered with by numerous factors outside our control. We will take reasonable steps to fix errors in GetLocal.ie that You tell us about, within a reasonable time. We reserve the right to refuse or remove any information or content which You submit, without needing to give any reason.

Disclaimers and Limitation of Liability

You acknowledge that GetLocal.ie contains hyperlinks and other pointers to internet websites operated by other third parties, including You ("linked websites") and that these linked websites are not necessarily under our control and that we are not responsible for their contents and that we do not endorse them.

You agree that all information and content which is posted on or transmitted through GetLocal.ie by third parties (including You) is the sole responsibility of the third party who provided that information and content and is provided by us in good faith on an "as is" basis.

Whilst we will use all reasonable efforts to verify that Seller Content is accurate and not misleading, You acknowledge and agree that we are not responsible for inaccurate or misleading Seller Content including:

1. descriptions of the Products as advertised; and/or
2. any claims that the Seller makes about the benefits, value or characteristics of the Products;

Waivers

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT INVOLVED IN ANY ACTUAL TRANSACTION BETWEEN YOU AND A CONSUMER/USER. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS/GOODS/SERVICES SUPPLIED BY YOU OR THE ABILITY OR CAPACITY ON YOUR PART TO SELL PRODUCTS/GOODS/SERVICES.

NOTHING IN THESE GETLOCAL SELLER TERMS AND CONDITIONS EXCLUDES, RESTRICTS OR MODIFIES THE APPLICATION OF ANY STATUTORY PROVISION (INCLUDING A PROVISION OF THE IRISH CONSUMER LAW), TO THE EXTENT, IF ANY, THAT ANY SUCH STATUTORY PROVISIONS APPLY WHERE TO DO SO WOULD CONTRAVENE THAT STATUTE OR CAUSE ANY PART OF THESE GETLOCAL SELLER TERMS AND CONDITIONS TO BE VOID.

TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS, WARRANTIES AND LIABILITIES IMPLIED OR IMPOSED BY STATUTE, GENERAL LAW OR CUSTOM ARE EXCLUDED FROM THIS CONTRACT, EXCEPT ANY LIABILITY OR IMPLIED CONDITION OR WARRANTY OR CONSUMER GUARANTEE, THE EXCLUSION OR LIMITATION OF WHICH WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE GETLOCAL SELLER TERMS AND CONDITIONS TO BE VOID ("NON-EXCLUDABLE CONDITION").

TO THE EXTENT PERMITTED BY LAW, WE, INCLUDING OUR AGENTS, EMPLOYEES OR CONTRACTORS, WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF OPPORTUNITY OR GOODWILL, CORRUPTION OF DATA OR SOFTWARE, EQUIPMENT FAILURE OR DAMAGE, SECURITY BREACH, NETWORK INTRUSION, NETWORK DOWNTIME, BUSINESS INTERRUPTION OR ANY INDIRECT OR CONSEQUENTIAL LOSS, HOWEVER CAUSED IN CONNECTION WITH THE PRODUCTS.

Indemnity

You agree to defend, indemnify and hold FCR Media Limited and (as applicable) its officers, directors, employees, agents, subsidiaries, affiliates, Merchants 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 GetLocal Seller 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 GetLocal (as well as any product, service or platform associated with GetLocal), including but not limited to posting content on GetLocal (as well as any product, service or platform associated with GetLocal), entering into transactions with other website users, contacting others as a result of their postings on GetLocal (as well as any product, service or platform associated with GetLocal), infringing any third party’s intellectual property or other rights, or otherwise arising out of Your breach of these GetLocal Seller Terms and Conditions.

Disclaimer of Warranties

You understand and agree that Your use of GetLocal (as well as any product, service or platform associated with GetLocal) 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 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.

Jurisdiction and Governing Law

GetLocal (as well as any product, service or platform associated with GetLocal) is controlled and operated by FCR Media Limited from Ireland. FCR Media Limited does not make any representations that the facilities, services and/or materials offered through GetLocal (as well as any product, service or platform associated with GetLocal) 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 GetLocal (as well as any product, service or platform associated with GetLocal), 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 GetLocal (as well as any product, service or platform associated with GetLocal), facilities, services and/or Materials offered through GetLocal (as well as any product, service or platform associated with GetLocal) or any part of them available in Your country, or to You (whether by reason of nationality, residence or otherwise, GetLocal (as well as any product, service or platform associated with GetLocal), the facilities, services and/or Materials offered through GetLocal (as well as any product, service or platform associated with GetLocal) or any part of them are not directed at You). These GetLocal Seller 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 GetLocal Seller 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 GetLocal Seller Terms and Conditions, or for such purposes You irrevocably summit to the jurisdiction of such courts.

Miscellaneous

Any waiver of any provision of these GetLocal Seller 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 GetLocal Seller 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 GetLocal Seller Terms and Conditions represent the entire understanding and agreement between You and FCR Media Limited relating to use of GetLocal (as well as any product, service or platform associated with GetLocal), its facilities and/or services 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.

V1(addr amend 4/24JOC)