Terms and Conditions of Independent.ie Website and App
22 May 2008 04:49 PM
Welcome to the Independent.ie digital network. These are the terms and conditions which govern the access and use of the network.
When we refer to the “network” or the “Independent site” in these terms and conditions, this means the digital information network and application operated by or on behalf of Independent Newspapers (Ireland) Limited and/or its parent company, INM Plc, its subsidiaries and affiliates, collectively referred to as “The Independent”.
These terms and conditions apply whatever method of access is used, including access via the web, PDA, mobile phone, Smartphone, RSS feed, digital television or any other means of technology, all of which means of access shall be incorporated in the term “access” in these terms and conditions.
Each time you access the Independent site, you agree to be bound by these terms and conditions.
These terms and conditions may be changed from time to time. Any changes are with immediate effect as and from the date of posting unless otherwise specifically stated. The continued access and usage of the site by you after such changes are made shall be deemed to be an acceptance of such changes.
Some areas of the site require that you register your details with us. By registering, you agree that:
(i) You have not provided a false or incorrect name, email address or false personal information nor have you impersonated another person.
(ii) Your registration and password details are personal to you and may not be used by anyone else to access the site. (iii) You will not permit or allow any third party to make use of your registration details to access the site. (iv) You will not impersonate another user; interfere with the operation of the site; shall make us immediately aware of any unauthorised use of your personal details by others.
If you wish to cancel or terminate your registration, you must [we need to insert a means of communication so we can cancel or terminate in the event of receiving a notice - perhaps a specific email address?] If you continue to use the site, you are deemed to continue to accept these terms and conditions.
We are entitled to terminate, at our absolute discretion, your use of the site or your continued registration in the event that we believe that you have been in breach of these terms and conditions.
We reserve the right, at our absolute discretion, to suspend your access to or usage of the site in the event that we believe that there may have been a breach by you or others of these terms and conditions.
3. Access and Usage of the Content
Your access to and usage of the site are strictly for personal non-commercial purposes.
You acknowledge and irrevocably accept the Independent is the owner or licensee of all content of the site, including copyrights, trademarks, logos, software applications, graphics and other intellectual property rights.
Content for the site may be downloaded, printed, forwarded, stored or copied for your own personal non-commercial use only.
You may not: -
(i) reproduce, republish, modify or commercially exploit any content;
(ii) copy, download, extract by any means whatsoever any data from the site;
(iii) create or maintain a database of all or any part of the content in any format whatsoever;
(iv) link to the site for business purposes nor as part of a media monitoring or aggregation service.
You will access and use the site legitimately and for lawful purposes only.
You agree that:
(i) you will not infringe any third party’s rights or use or enjoyment of the site;
(ii) you will not use threatening, menacing, offensive or abusive material; (iii) you will not put or place racist, sectarian, pornographic or incital material on the site.
You warrant that: -
(i) any content submitted by you is not obscene, blasphemous, defamatory, deceitful, fraudulent, illegal or in breach of anyone’s privacy;
(ii) any content submitted does not infringe any intellectual property rights, trademarks, trade secrets, copyright or privacy rights;
4. Data Protection, Privacy and Fair Usage
The Independent respects your right to privacy. Users 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. The Independent's policy is to respect and protect the privacy of all users and will never wilfully disclose individually identifiable information to any third party without first receiving 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.
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 competitions 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 the Independent for:-
* the purposes for which it was provided by you;
* verification purposes and statistical analysis; * to provide you with details, both electronically or by means of posts or delivery of products, services, contests, competitions or promotions being provided or run by the Independent 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.
5. Disclaimer of Liability
To the fullest extent allowed by law, the Independent does not accept any responsibility for any statement on the site. The Independent will not be liable for any loss caused as or resulted from any action or inaction on your part as a result of the viewing, reading, listening, downloading, copying, forwarding, or reproducing any of the content.
Where links are provided on the site to other websites, the Independent bears no responsibility for such sites. These sites are not under our control and we are not responsible in any way for any of their contents.
Where links are provided to websites which offer any goods and services for sale, any contractual relationship entered into by you will be with the merchant selling the goods or providing the services. The Independent will not have privy to any contract and accepts no responsibility in relation to the goods or services provided, their delivery or non-delivery, their quality or merchantability.
Although the Independent will do its best to provide constant uninterrupted access to its website, such access cannot be guaranteed and no responsibility or liability is accepted for any delays, interruptions or breakdowns on the site.
6. Governing Law and Jurisdiction
These terms and conditions are governed by Irish law and you agree to submit to the exclusive jurisdiction of the Irish courts.
It is specifically agreed that by accessing, using, downloading, viewing, copying, forwarding or in any way making use of the contents of the site and/or the application, you deem that all such access takes place at the registered offices of Independent Newspapers (Ireland) Limited, Independent House, 27/32 Talbot Street, Dublin 1.
7. Competitions and Promotions
From time to time, the Independent may run competitions, prize draws and/or promotions. These will be subject to separate and additional terms and conditions which are made available to you at the appropriate time.
You agree to indemnify and keep indemnified the Independent and its officers, directors, employees and data providers from any and all claims, liabilities, costs and expenses, including, but not limited to legal fees and expenses, arising out of a breach by you or any user of your account of these terms and conditions or arising out of breach of your obligations, representations and warranties under these terms and conditions.
Nothing in this Agreement is intended or shall be deemed to operate to create a partnership or joint venture of any kind nor to authorise either of us to act as agent for the other.
If the whole or any part of these terms and conditions become invalid, void or unenforceable for any reason, the same shall to the extent require it be severed from these terms and conditions without effecting or modifying the remaining terms and conditions and shall not affect the validity or enforceability of same.
No waiver by the Independent of any breach of these terms and conditions shall constitute a waiver of any other prior or subsequent breach and the Independent shall not be affected by any delay, omission or failure to enforce any of its rights.
10. Amendment and Alterations
From time to time, the Independent may amend or alter these terms and conditions for commercial, practical and legal reasons.
Such alterations or amendments would be incorporated onto the Independent site and will deem to take effect immediately there from. As set out in Clause 1, each time you access the Independent site you agree to be bound by terms and conditions then current.