Terms & Conditions - Corkman.ie
Wednesday August 06 2008
TERMS AND CONDITIONS OF USE
Copyright and Reproduction Notice and Limited Licence
The
information, content, graphics, text, sounds, images, buttons, trade marks,
service marks, trade names and logos (the "Materials") contained
in this website are protected by copyright, trade mark, database right, sui
generis right and other intellectual property laws, under national laws and
international treaties. You are granted a limited licence solely for your
own personal, non-commercial use to refer to, bookmark or point to any page
within this website, and to download the Materials contained on this website
to a single personal computer, and to print a single hard copy of the
Materials contained on this website for your own personal reference,
provided however that all copyright, trade mark and other proprietary
notices are left intact. The grant of this limited licence is conditional on
your agreement to, and compliance with, all of these terms and conditions of
use. Any other use of the Materials on this website, including any form of
copying or reproduction (for any purposes other than those noted above)
modification, distribution, re-publication, extraction, re-utilisation,
incorporation or integration with other materials or works or re-delivery
using framing technology, without the prior written permission of
Corkman.ie, is strictly prohibited and is in violation of the proprietary
rights of Corkman.ie.
Software Limited Licence
If you download any software from this
website, the software, including any images or files incorporated in or
generated by the software, and any data accompanying the software
(collectively the "Software") are subject to the limited licence
set out above. You may not distribute, sell or transmit the Software, and
you are not permitted to alter, modify or adapt the Software, including but
not limited to translating, decompiling, reverse engineering, disassembling
or creating derivative works, or to reduce the Software to any other form.
Hypertext links to this website by other users and websites are permitted provided that the link to this website is in a simple list of companies by pointing to Corkman.ie's home page http://www.Corkman.ie. This limited licence entitles other users and websites to link to Corkman.ie's home page only, and linking to other content on or information in this website is prohibited without Corkman.ie's express written consent.
Intellectual Property Rights Notice
Corkman.ie is the trademark
of The Corkman Ltd. All other trademarks, service marks, trade names and
logos contained in this website belong to their respective owners.
Corkman.ie and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials and the Software. Nothing in these terms and conditions of use shall be construed as conferring by implication, estoppel 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 Corkman.ie, its affiliates or any third party.
Disclaimers
All use by you of this website is at your own risk.
You assume complete responsibility for, and for all risk of loss resulting
from, your downloading and/or using of, or referring to or relying on,
Materials, Software, or any other information obtained from your use of this
website. You agree that Corkman.ie will not be liable for damages arising
out of your use or your inability to use this website, and you hereby waive
any and all claims with respect thereto and whether based on contract, tort
or other grounds.
This website is available to all users "as is" without any representations or warranties of any kind, either express or implied. Corkman.ie makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Corkman.ie accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Corkman.ie, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website. There are certain inherent risks in using the Internet and the World Wide Web. Corkman.ie makes no representations, warranties or undertakings about:-
* Any of the Materials or Software on this website, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose; or
* Any content of or information on any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link ("third party site"). Corkman.ie does not endorse or approve the content of any third party site, nor will Corkman.ie have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any third party site, and any and all liability, which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any third party site is excluded.
Any content or information received on or via this website should not be relied on for important personal, financial or business decisions, and you should consult an appropriate professional for advice which is specifically tailored to your particular circumstances. You acknowledge and understand that Corkman.ie may have opinions from time to time with regard to any of the content of or information on this website which may be different from those obtained by using or accessing the content of and information on this website, and that Corkman.ie is not advising you in relation to the nature, potential, value or suitability of any particular asset or security, portfolio of assets or securities, transactions, investment strategy or other matter, and that no mention of a particular asset or security on this website constitutes a recommendation to buy, sell or hold that or any other asset or security. Content and information received via this website is supplied by sources believed to be reliable. However, calculations made using such data, and opinions expressed in relation to such data, are not guaranteed by these sources, Corkman.ie, or any other person or entity, and may not be complete.
Corkman.ie reserve the right to change the content, presentation, performance, user facilities and availability of any part of this website at its sole discretion, including these terms and conditions of use, and you should check these terms and conditions of use regularly for any changes.
Limitation of Liability
To the fullest extent permitted by
applicable law, neither Corkman.ie nor any of its directors, employees,
affiliates or other representatives will be liable for loss or damages
arising out of or in connection with your use of, or your inability to use,
the Materials, Software and/or facilities or services offered through this
website, including, but not limited to, indirect or consequential loss or
damages, loss of data, income, profit or opportunity, loss of or damage to
property and claims of third parties, even if Corkman.ie has been advised of
the possibility of such loss or damages, or such loss or damages were
reasonably foreseeable.
Data Protection and Privacy Statement
Corkman.ie and its
associated companies respect your right to privacy. Visitors should be aware
that each time they visit a website two general levels of information about
their 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 site, and the second is information that
is personal or particular to a specific visitor who knowingly chooses to
provide that information. Corkman.ie's policy is to respect and protect the
privacy of our Customers and will never wilfully disclose individually
identifiable information about its Customers to any third party without
first receiving that Customer's permission.
The statistical and analytical information provides us with general and not individually specific information about the number of people who visit this website; the number of people who return to this site; the pages that they visit; where they were before they came to this site and the page in the site at which they exited. This information helps us monitor traffic on our website so that we can manage the site's capacity and efficiency. It also helps us to understand which parts of this site are most popular, and generally to assess user behaviour and characteristics in order to measure interest in and use of the various areas of the site.
This statistical and analytical information and data can be collected through the standard operation of our internet servers and logs as well as "cookies". "Cookies" are small text files that a website can use in order to recognise visitors who revisit a site so as to facilitate their ongoing access to and use of the site. It enables usage behaviour to be tracked and aggregate data to be compiled that would facilitate more targeted advertising and improved content. Typically, cookies involve the assigning of a unique number to the visitor. Visitors should be aware that Corkman.ie are unable to control the use of cookies or the resulting information by other third parties such as advertisers or parties hosting data for Corkman.ie. One simple way to prevent the use of cookies it to activate the facility that is available in most web browsers that enables the user to deny or accept cookies. However, visitors should realise that certain cookies may be necessary in order to provide the visitor with certain features such as the customised delivery of certain information.
Throughout this website you may have an opportunity to send us information relating to you such as through the "contact us" pages or any other area where you may send e-mails, request brochures, enter contests or respond to any promotions. *By choosing to participate in these, you will be providing us with some level of personal information relating to you. This information will only be used by Corkman.ie for :-
* the purposes for which it was provided by you;
* verification purposes and statistical analysis;
* to provide you with details of products, services, contests, competitions or promotions being provided or run by Corkman.ie or any of its associated companies or any third party that we may select and which we may think would be of interest to you, unless you have otherwise specifically opted not to receive this information.
Third Party Sites
Links are provided by Corkman.ie to other
websites that offer goods and services for sale. When you place an order for
the purchase of goods and services on those websites, your contractual
relationship will be with the merchant selling those goods or providing
those services and will be subject to the terms and conditions, if any, made
available to you by the merchant. Corkman.ie will not be a party to any such
contract and accepts no responsibility for non-delivery or delayed delivery
of any such good or service (whether in whole or part) whether as regards
the nature, quality or merchantability of such good or service, the fitness
for the purpose for which they have been sold or for any other purpose.
Governing Law
This website is controlled and operated by
Corkman.ie from Ireland. Corkman.ie does not make any representation that
Materials Software and/or the facilities or services offered through this
website are appropriate or suitable for use in countries other than Ireland,
or that they comply with any legal or regulatory requirements of such other
countries. In accessing this website, 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. It is prohibited to make this website,
the Materials Software, and/or facilities or services offered through this
website or any part of them, available in your country, or to you (whether
by reason of nationality, residence or otherwise), this website, the
Materials Software and/or facilities or services offered through this
website or any part of them are not directed at you. These terms and
conditions of use shall be governed by and construed in accordance with the
laws of Ireland, and you hereby agree for the benefit of Corkman.ie, and
without prejudice to the right of Corkman.ie to take proceedings in relation
to these terms and conditions of use before any other court of competent
jurisdiction, that the courts of Ireland shall have jurisdiction to hear and
determine any action or proceedings that may arise out of or in connection
with these terms and conditions of use, and for such purposes you
irrevocably submit to the jurisdiction of such courts.
Miscellaneous
Any waiver of any provision of these terms and
conditions must be in writing and signed by Corkman.ie to be valid. A waiver
of any provision hereunder shall not operate as a waiver of any other
provision, or a continuing waiver of the same 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 without affecting
the validity and enforceability of any remaining provisions. These terms and
conditions represent the entire understanding and agreement between you and
Corkman.ie relating to use of this website, and supersede any and all prior
statements, understandings or agreements whether oral or written, and shall
not be modified except in writing, signed by you and by Corkman.ie.
Termination/Access Restriction
You acknowledge that Corkman.ie
reserves the right to terminate or delete your accounts or service within
Corkman.ie that are "inactive" for an extended period of time. "Inactive"
means that you have not signed into the Corkman.ie service for an extended
period of time, as determined by Corkman.ie, in its sole discretion. The
amount of time that Corkman.ie currently considers as an "extended"
period of time is 3 months.
