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THE IRISH FEDERATION OF MASTER TRADESMEN LTD IMPORTANT LEGAL
NOTICE
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE
WEBSITE'S UNDER THE DOMAIN NAMES
WWW.TIFMT.COM AND WWW.IFMT.IE (THE "WEBSITE") AND TO ANY
CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS
CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES
THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO
NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY THE IRISH FEDERATION
OF MASTER TRADESMEN LTD ("THE COMPANY").
1. APPLICATION OF THIS NOTICE
1.1 By accessing any part of this Website, you shall be deemed to
have accepted this Legal Notice in full. If you do not accept this
Legal Notice in full, you must leave this Website immediately.
1.2 The Company may revise this Legal Notice at any time without any
notice to you. You should check this Website from time to time to
review the then current Legal Notice, because it is binding on you.
2. PROVISION OF ADVICE
The Company is not an agent for and does not vouch for those
persons, companies and other organisations whose goods or services
may be displayed or referred to in this Website, nor for the
availability, suitability or prices of such goods and services nor
for the legal entitlement, competences, professional qualifications,
trade certifications, or memberships of trade associations of such
persons, companies or other organisations. Although the Company does
seek to carry out a strict application process as to the competence
and trade accreditations of the tradesmen displayed in this Website
by obtaining references and carrying out other verifications as to
trade accreditation as set out on this Website the Company relies to
some extent on information supplied by tradesmen and makes no
representation as to the authenticity of the references and other
information supplied by them. Provided that the Company acts in good
faith in checking references and accreditations it shall not be
liable for any loss or damage suffered by reason of any person using
the Website relying on any such references and accreditations in the
event that they are untrue, false or in any way forged nor shall the
Company be liable for any loss or damage caused by any person
relying on any statement or recommendation made by any person using
the Website. The Company advises users and persons relying on any statement or
recommendation made by users to satisfy themselves as to the exact
type and nature of goods or services being offered, the exact
identity or persons purporting to carry out any services and/or
qualifications held by those persons, companies and other
organisations whose goods or services may be displayed or referred
to in this Website.
1. DISCLAIMER
1.1 While the Company endeavours to ensure that the information on
this Website is correct, the Company does not warrant the accuracy
and completeness of the material on this Website. The Company may
make changes to the material on this Website at any time without
notice. The material on this Website may be out of date, and the
Company makes no commitment to update such material.
1.2 The material on this Website is provided "as is" and the Company
make absolutely no guarantees or warranties, either expressly or
implied, as to the accuracy, adequacy, reliability, fitness or
quality for any particular purpose of any of the Trades
Professionals listed within. Accordingly, to the maximum extent
permitted by law, the Company provides you with this Website on the
basis that the Company excludes all representations, warranties,
conditions and other terms (including, without limitation, the
conditions implied by law of satisfactory quality, fitness for
purpose and the use of reasonable care and skill) which but for this
Legal Notice might have effect in relation to this Website.
2. LIABILITY
2.1 The Company, any other party (whether or not involved in
creating, producing, maintaining or delivering this Website), and
any of the Company's group companies and the officers, directors,
employees, shareholders or agents of any of them, exclude all
liability and responsibility for any amount or kind of loss or
damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or
damages, or any loss of income, profits, goodwill, data, contracts,
use of money, or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including without
limitation negligence), contract or otherwise) in connection with
this Website in any way or in connection with the use, inability to
use or the results of use of this Website, any websites linked to
this Website or the material on such websites, including but not
limited to:-
(a) Loss or damage due to any breach of contract between any user of
this Website and any tradesman advertised on this Website or arising
by reason of a breach of any tortious duty owing by any tradesman
advertised on this Website;
(b) Loss or damage due to any reliance by any user of this Website
on any verification of workmanship or trade accreditations carried
out by the Company and any tradesmen or otherwise on any
representations made by the Company as to the competence or
suitability of a tradesman advertised on this Website; or
(c) Loss or damage due to viruses that may infect your computer
equipment, software, data or other property on account of your
access to, use of, or browsing this Website or your downloading of
any material from this Website or any websites linked to this
Website.
2.2 Nothing in this Legal Notice shall exclude or limit the
Company's liability for (i) death or personal injury caused by
negligence ; (ii) fraud; (iii) misrepresentation as to a fundamental
matter; or (iv) any liability which cannot be excluded or limited
under applicable law.
2.3 If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data, you
assume all costs thereof.
3. LICENCE
3.1 You are permitted to print and download extracts from this
Website on the following basis:
(a) no documents or related text or graphics on this Website are
modified in any way;
(b) no graphics on this Website are used separately from
accompanying text; and
(c) the Company's copyright and trade mark notices and this
permission notice appear in all copies.
3.2 For the avoidance of doubt and without limitation, you are
expressly prohibited from:
(a) modifying the data or other material from this Website (the
"Data");
(b) selling or trading in the Data;
(c) using or redistributing the Data for the purposes of compiling
databases, lists or directories;
(d) permitting or allowing the Data to infringe or otherwise
prejudice our proprietary rights; and
(e) using the Data:
- for any unlawful purpose or purpose that is likely to embarrass or
bring the Company into disrepute;
- to send any message or communication which is offensive, abusive,
indecent, obscene or menacing;
- in any way that would be reasonably expected to cause annoyance,
inconvenience or needless anxiety; and
- as source targeting material or contact data for any kind of
telemarketing, direct marketing, viral or other electronic marketing
activity on your own behalf or on behalf or for the benefit of
another party.
4. COPYRIGHT AND DATABASE RIGHT
4.1 Unless otherwise stated, the copyright, database right and other
intellectual property rights in all material on this Website
(including without limitation the design, text, photographs and
graphical images) are owned by the Company or its licensors. For the
purposes of this Legal Notice, any use of extracts from this Website
other than in accordance with paragraph 5.1 above for any purpose is
prohibited. If you breach any of the terms in this Legal Notice,
your permission to use this Website automatically terminates and you
must immediately destroy any downloaded or printed extracts from
this Website.
4.2 Subject to paragraph 5.1, no part of this Website may be
reproduced or stored in any other website or included in any public
or private electronic retrieval system or service without the
Company's prior written permission.
4.3 Any rights not expressly granted in this Legal Notice are
reserved.
5. SERVICE ACCESS
5.1 While the Company endeavours to ensure that this Website is
normally available 24 hours a day, the Company will not be liable if
for any reason this Website is unavailable at any time or for any
period.
5.2 Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond the Company's control.
6. VISITOR MATERIAL AND CONDUCT
6.1 Any material you transmit or post to this Website will be
considered non-confidential and non-proprietary. The Company will
have no obligations with respect to such material. The Company and
its designees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data, images,
sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
6.2 You are prohibited from posting or transmitting to or from this
Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach of confidence, in breach of privacy or which may cause
annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or
approvals;
(c) which constitutes or encourages conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise be
contrary to the law of or infringe the rights of any third party, in
IRELAND or any other country in the world; or
(d) which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful
data).
6.3 You may not misuse the Website (including, without limitation,
by hacking).
6.4 The Company will fully co-operate with any law enforcement
authorities or court order requesting or directing the Company to
disclose the identity or locate anyone posting any material in
breach of paragraphs 8.2 or 8.3.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave this
Website. The Company has not reviewed all of these third party
websites and does not control and is not responsible for these
websites or their content or availability. The Company therefore
does not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using
them. If you decide to access any of the third party websites linked
to this Website, you do so entirely at your own risk.
7.2 If you would like to link to this Website, you may only do so on
the basis that you link to, but do not replicate, the home page of
this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or
appearance of The Irish Federation of Master Tradesmen's logo;
(b) you do not create a frame or any other browser or border
environment around this Website;
(c) you do not in any way imply that the Company is endorsing any
products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor
present any other false information about the Company;
(e) you do not otherwise use any of The Irish Federation of Master
Tradesmen trade marks displayed on this Website without express
written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property
rights or other rights of any other person or otherwise does not
comply with all applicable laws and regulations.
7.3 The Company expressly reserves the right to revoke the right
granted in paragraph 9.2 for breach of these terms and to take any
action it deems appropriate.
7.4 You shall fully indemnify the Company for any loss or damage
suffered by the Company or any of its group companies for breach of
paragraph 9.2.
8. MISCELLANEOUS
This Legal Notice constitutes the entire agreement between you and
the Company with respect to the subject matter hereof. If any
provision contained in this Legal Notice is determined by a court of
competent jurisdiction to be illegal, invalid or otherwise
unenforceable, that provision shall be severed from these conditions
and the remaining provisions shall continue in full force and
effect.
9. GOVERNING LAW AND JURISDICTION
This Legal Notice shall be governed by and construed in accordance
with Irish law. Disputes arising in connection with this Legal
Notice shall be subject to the exclusive jurisdiction of the Irish
courts. |
