Avon Moss Development Ltd Website terms and conditions of use (the “Terms and Conditions”). These Terms and Conditions apply to the use of this Website www.avonmoss.com (the “Website”). By accessing this Website, you agree to be bound by these Terms and Conditions. Using this Website indicates that you accept the Terms and Conditions regardless of whether or not you choose to register with us. If you do not agree to these Terms and Conditions, please refrain from using this Website.
The Website is an internet site operated by Avon Moss Development Ltd, a company registered in Ireland with its registered address at 6 – 9 Trinity Street, Dublin 2, D02 EY47, Ireland (“We” or “Us”).
1.2. You will be able to access most areas of this Website without registering your details with. However, please note that certain areas of this Website are only open to you if you register with us.
1.3 We may revise these Terms and Conditions at any time by simply uploading the new version. You should check this Website from time to time to review the most current terms and conditions. If you do not wish to accept the future new terms and conditions, you are kindly asked to stop using the Website. Certain provisions of these Terms and Conditions incorporate and/or may be superseded by expressly designated legal notices, terms and/or conditions located on particular pages elsewhere on this Website.
2.1 You are permitted to print and download extracts from this Website for your personal use on the following basis:
• (a) no documentation is edited, modified, altered in any way;
• (b) no graphics are used or removed for any other purpose other than for the use of this Website;
• (c) our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged at all times.
2.2 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
2.3 If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.
3.1 Unless otherwise stated, the copyright and other intellectual property rights in the Website (including without limitation photographs and graphical images) are owned exclusively by us or our licensors. For the purposes of these Terms and Conditions, any use for any purpose of this Website or part thereof, other than in accordance with clause 5.1 below, is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
3.2 Subject to clause 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 our prior written permission.
3.3 Any rights not expressly granted in these Terms and Conditions are reserved.
4. SERVICE ACCESS
4.1. While all endeavours have been made to ensure that this Website is available 24 hours a day, We will not be liable if, for any reason, this Website, or part thereof, is unavailable at any time or for any period of your access to it.
4.2. Access to this Website, or part thereof, may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4.3. We reserve the right to withdraw or amend the pages, services or anything else that we provide on or through the Website without prior notice.
5. VISITOR MATERIAL AND CONDUCT
5.1 Other than personally identifiable information, which is covered under the applicable privacy laws, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees 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.
5.2 You are prohibited from posting or transmitting to or from this Website any material which, without limitation:
• 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 any country in the world;
• is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
• 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;
• requires licenses and/or approvals and you have not obtained them.
5.3 You must not misuse the Website (including, without limitation, by hacking it).
5.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses of these Terms and Conditions.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 Links to third party Websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We do not control and are not responsible for these Websites linked to ours, nor for their content or availability. We therefore do 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 said third party Websites linked to this Website, you do so entirely at your own risk. 6.2 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) 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;
• b) you do not remove, distort or otherwise alter the size or appearance of the our logo;
• c) you do not in any way imply that we are endorsing any products or services other than our own;
• d) you do not misrepresent your relationship with us nor present any other false information about us;
• e) you do not create any frame or any other browser or border environment around this Website;
• f) you do not otherwise use any trade marks displayed on this Website without our express written permission;
• g) you do not link from a Website that is not owned by you; and
• We expressly reserve the right to revoke the right granted in this clause 6.2. in case of breach of it and to take any action we deem appropriate.
6.3 You shall fully indemnify us for any loss or damage We or any of our group companies may suffer or incur as a result of your breach of clause 6.2.
7.1 To register with the Website you must be at least twenty-one years old.
7.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
7.3 By registering to our site, you warrant that all data provided by you is accurate.
7.4 If you choose, or a provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Responsibility for the security of any passwords issued by us rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
7.5 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
8.1 While We endeavour to ensure that the information on this Website is correct, We do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material or the pages on this Website, or to the products and prices described in it, at any time without prior notice. The material on this Website may be out of date, and we make no commitment to update such material.
8.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we allow you to use this Website on the basis that we exclude 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).
8.3 Commentary and other material posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed by you on any such materials on the Website, or by anyone who may be informed of any of its contents.
8.4 We, our shareholders and staff accept no responsibility for any loss or damage arising from any material on the Website.
8.5 Users accept and acknowledge that information provided on this site is provided for information purposes and should not be construed as an offer to invest and / or investment advice.
9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our 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 (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) that may result to you, any third party, contractor 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 any material thereof, including without limitation 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.
9.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) fraudulent misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the applicable laws.
9.3 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.
9.4 You agree to fully indemnify us, defend and hold us, and our officers, directors, employees, agents and contractors harmless from and against any and all claims, liabilities, damages, losses, costs (including reasonable legal fees) arising out of any breach by you of the Terms and Conditions and/or use by you, or by any other person using your registration details, of this Website.
10.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
10.2 If any provision of these Terms and Conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
10.3 Only the parties to these terms and conditions may seek to enforce them.
11. GOVERNING LAW AND JURISDICTION
11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland. Disputes arising out of, or in connection with, these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Ireland.
11.2 We do not warrant that materials on the Website are appropriate or available for use in your territory. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website, you do so at your own risk and you are responsible for compliance with applicable local laws.
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