Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE
CAREFULLY. By using our Website, you agree to these Terms and Conditions of Use ("Terms
& Conditions"). We reserve the right, in our sole discretion, to change, modify,
add or remove portions of these Terms & Conditions at any time. You should check
these Terms & Conditions periodically for changes. By using this Website after we
post any changes to these Terms & Conditions, you agree to accept those changes,
whether or not you have reviewed them. If you do not agree to these Terms & Conditions,
you should not use our Website and, if applicable, you should arrange to cancel your
transaction or user account(s) with us.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of our websites which are owned or operated by New Ross RFC and our Affiliates (collectively, "we," "us," or "our"), including, without limitation, this website and any other United Kingdom or Ireland website that we may own or operate currently or in the future (collectively, our "Website"). For purposes of these Terms & Conditions, "Affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control of New Ross RFC.
2. Terms & Conditions - In General
By using this Website, you agree to be legally bound and to abide by these Terms
& Conditions, just as if you had signed this agreement. If you do not comply with
these Terms & Conditions at any time, we reserve the right, if applicable, to terminate
your password, user account, and/or access to this Website (or any part thereof).
In our sole discretion and without prior notice or liability, we may discontinue,
modify or alter any aspect of the Website, including, but not limited to, (i) restricting
the time the Website is available, (ii) restricting the amount of use permitted,
and (iii) restricting or terminating any user's right to use the Website. You agree
that any termination or cancellation of your access to, or use of, the Website may
be effected
without prior notice. If you do not abide by the provisions of these
Terms & Conditions, except as we may otherwise provide from time to time, you agree
that we may immediately deactivate or delete your user account and all related information
and files in your user account and/or bar any further access to such information
and/or files, or our Website. Further, you agree that we shall not be liable to you
or any third-party for any termination or cancellation of your access to, or use
of, our Websites.
From time to time, we may supplement these Terms & Conditions with
additional terms and conditions pertaining to specific content, activities or events
("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed
in connection with the specific content, activities, features or events and shall
be identified as such. You understand and agree that such Additional Terms are hereby
incorporated by reference into these Terms & Conditions.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive,
non-transferable, limited right to access, use and display this Website and the material
provided hereon for your personal, non-commercial use, provided that you comply fully
with the provisions of these Terms & Conditions. You acknowledge that this Website
contains information, software, photos, video, text, graphics, music, sounds, questions,
creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings,
articles and other materials (collectively, "Content") that are protected by copyrights,
data base rights, patents, trademarks, trade secrets and/or other proprietary rights,
and that these rights are valid and protected in all forms, media and technologies
existing now or hereafter developed. All Content is copyrighted under applicable
copyright laws, including United Kingdom, Irish and European Union copyright laws
(and, if applicable, similar laws in other jurisdictions), and we own a copyright
in the selection, coordination, arrangement and enhancement of such Content. All
trademarks appearing on this Website are trademarks of their respective owners. Our
commercial partners, suppliers, advertisers, sponsors, licensors, contractors and
other third parties may also have additional proprietary rights in the Content which
they make available on this Website. You may not modify, publish, transmit, distribute,
perform, participate in the transfer or sale, create derivative works of, or in any
way exploit, any of the Content, in whole or in part. When Content is downloaded
to your computer, you do not obtain any ownership interest in such Content. Modification
of the Content or use of the Content for any other purpose, including, but not limited
to, use of any Content in printed form or on any other website or networked computer
environment is strictly prohibited unless you receive our prior written consent.
4. Privacy and Security including Bank Card details
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in strict confidence and used only for the purposes of processing your order. New Ross RFC operate a strict “need to know” policy for purchasers details and only officers, directors, employees and controlled agents will gain access to these details. Our aim is strict discretion and confidentiality for all our purchasers and customers. New Ross RFC will not disclose any personal details to third parties who are not DIRECTLY involved in the processing of an order New Ross RFC use a well known established specialist service provider PayPal to handle all its Bank Card Transactions. New Ross RFC or its affiliates do not hold or store Bank Card details. New Ross RFC undertake not to disclose purchaser or customer details to any third party for purposes other than strictly required for processing an order.
5.. Third Party Products and Services
You may order services, merchandise or other
products through our Website from other parties (collectively, the "Third Party Sellers").
All matters concerning the services, merchandise and other products desired from
the Third Party Sellers, including, but not limited to, purchase terms, payment terms,
warranties, guarantees, maintenance and delivery, are solely between you and the
Third Party Sellers. We make no warranties or representations whatsoever with regard
to any services, merchandise and other products provided by the Third Party Sellers.
You will not consider us (and we will not be construed as) a party to such transactions,
whether or not we may have received some form of revenue or other remuneration in
connection with such transactions, and we will not be liable for any costs or damages
arising out of, either directly or indirectly, you or any other person involved or
related to the transactions.
6. Links
These Terms & Conditions apply only to this Website, and not to the websites
of any other person or entity. We may provide, or third parties may provide, links
to other worldwide websites or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites or resources, and do not
endorse (and are not responsible or liable for) any content, advertising, products,
or other materials on or available from such websites or resources. You further acknowledge
and agree that, under no circumstances, will we be held responsible or liable, directly
or indirectly, for any loss or damage that is caused or alleged to have been caused
to you in connection with your use of, or reliance on, any content, advertisements,
products or other resources available on any other website (regardless of whether
we directly or indirectly link to such content, advertisements, products or other
resources). You should direct any concerns with respect to any other website to that
website's administrator or webmaster.
7. Third Party Products and Services
You may order services, merchandise or other
products through our Website from other parties (collectively, the "Third Party Sellers").
All matters concerning the services, merchandise and other products desired from
the Third Party Sellers, including, but not limited to, purchase terms, payment terms,
warranties, guarantees, maintenance and delivery, are solely between you and the
Third Party Sellers. We make no warranties or representations whatsoever with regard
to any services, merchandise and other products provided by the Third Party Sellers.
You will not consider us (and we will not be construed as) a party to such transactions,
whether or not we may have received some form of revenue or other remuneration in
connection with such transactions, and we will not be liable for any costs or damages
arising out of, either directly or indirectly, you or any other person involved or
related to the transactions.
8. Your Password and User Accounts.
If you are a user or subscriber of this Website,
you are entirely responsible for maintaining the confidentiality of your password
and user account information. You must notify us immediately in the event of any
known or suspected unauthorized use of your user account, or any known or suspected
breach of security, including loss, theft, or unauthorized disclosure of your or
anyone else's password. You are entirely responsible for any and all activities which
occur under your user account. You agree to immediately notify us of any unauthorized
use of your user account or any other breach of security known to you.
9. Disclaimers
of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS,
OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR ACCURACY.
IF YOU ARE A RESIDENT OF IRELAND, SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES
ACT, 1980 IS HEREBY EXCLUDED.
NEITHER New Ross RFC, ANY OF OUR AFFILIATES, NOR ANY
OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT
THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS
THAT
MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER New Ross RFC, ANY OF
OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE
PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE
NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH
THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS
& CONDITIONS.
THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Indemnification
You agree to indemnify, hold harmless and, at our option, New
Ross RFC and our Affiliates, and our and their officers, directors, employees, stockholders,
agents and representatives from any and all third party claims, liability, damages
and/or costs (including, but not limited to, reasonable legal fees and expenses)
arising from your improper use of this Website or our products or offerings, your
violation of these Terms & Conditions, or your infringement, or the infringement
or use by any other user of your account, of any intellectual property or other right
of any person or entity.
11. Governing Law
Residents of the United Kingdom
If you
are a resident of the United Kingdom (excluding the Channel Islands), these Terms
& Conditions shall be governed by and construed in accordance with the laws of England
and Wales, without giving effect to any principles of conflicts of law. You agree
that any action at law or in equity arising out of or relating to your use of this
Website or these Terms & Conditions shall be filed only in the High Court (England)
and you hereby consent and submit to the personal jurisdiction of such court for
the purposes of litigating any such action.
Residents of Ireland
If you are resident
of Ireland (excluding Northern Ireland), these Terms & Conditions shall be governed
and construed in accordance with the laws of Ireland, without giving effect to any
principles of conflicts of law. You agree that any action at law or in equity arising
out of or relating to your use of this Website or these Terms & Conditions shall
be filed in the Irish courts and you hereby consent and submit the personal jurisdiction
of such courts for the purposes of litigating any such action.contained herein.)
12. Miscellaneous Terms
In any action against us arising from the use of this Website, the prevailing party
shall be entitled to recover all legal expenses incurred in connection with the action,
including but not limited to its costs, both taxable and non-taxable, and reasonable
attorney's fees.
If any provision of these terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms & Conditions, together the Agreement (if applicable), are the entire
agreement between you and us relating to the subject matter herein. In the event
of any conflict between these Terms & Conditions and the Agreement, the Agreement
shall control. These Terms & Conditions may be modified only by our posting of changes
to these Terms & Conditions on this Website, or by written agreement of both parties.
Each time you access this Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms
& Conditions will inure to the benefit of our successors, assigns and licensees.
The failure of either party to insist upon or enforce the strict performance of the
other party with respect to any provision of these Terms & Conditions, or to exercise
any right under the Terms & Conditions, will not be construed as a waiver or relinquishment
to any extent of such party's right to assert or rely upon any such provision or
right in that or any other instance; rather, the same will be and remain in full
force and effect.
Unless specifically provided for in these Terms & Conditions, no
third party shall have any right hereunder.
Dated 18th November 2011