AGREEMENT FOR ACCESSING NEWBRIDGE SILVERWARE WEBSITE
Important Notice: This page (together with the documents referred to in it) tells you the terms and conditions that apply when you access our website. Please read these terms and conditions carefully. By using this website you agree to be legally bound by and act in accordance with these terms of use and by all other applicable provisions. If you disagree with these terms of use and/or with any other of the applicable provisions, you are not permitted to, and agree not to, use this website.
1 General Information
Newbridge Cutlery Company Limited trading as Newbridge Silverware ("
We" and “
Us”) of Cutlery Road, Newbridge, Co. Kildare, Ireland, a company registered in Ireland under company number 31783, provides this website
internetsales@newbridgecutlery.ie. Our e-mail address is
internetsales@newbridgecutlery.ie. Our VAT number is IE8Z 135165
2 Disclaimer
2.1 The advertising by us of products on this website constitutes an invitation to treat. It does not constitute an offer by us to sell you any goods.
2.2 This website is directed only at the residents of Specified Countries. No person outside those countries may enter into a contract with us.
2.3 While we endeavour to ensure that the information on this website is correct we provide you with this website on an "as is" basis only, to the maximum extent permitted by law. You accept that access to this website may be suspended at any time and without notice in the case of system failure, maintenance or repair or for any other reasons whatsoever, including for reasons beyond our control.
2.4 We make no representation or warranties of any kind, express or implied, as to the operation of this website or the information, reliability, completeness or timeliness of the content, materials or services available on this website or that the use of the website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of this website is at your own risk.
3. Your account
3.1 If you have an account with us on this website then you are responsible for maintaining the confidentiality of this account and any related passwords and for restricting access to your computer. You agree to accept responsibility for all activities that take place under your account and/or passwords.
3.2 Other than personally identifiable information about you (which is defined under our
Privacy Policy as “Personal Data”) any material you transmit or post to this website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall 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.
3.3 We shall 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 the above prohibitions
4. Permitted use.
4.1 You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; or (ii) purchasing products from us. Use of this website for any purpose other than the aforementioned private, non-commercial purposes is prohibited.
4.2 You agree not to post or transfer to our website (nor include in any message) any material:
4.2.1 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;
4.2.2 for which you have not obtained all necessary licences and/or approvals;
4.2.3 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;
4.2.4 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); and/or
4.2.5 which facilitates misuse of this website (including, without limitation, hacking).
5. Intellectual property.
5.1 All information, data and materials presented on this website, including names, logos, images, designs, prices, its source HTML code etc., as well as the colour scheme and the layout of the website, are subject to copyright, trade mark rights, database rights and/or other intellectual property rights. In consideration of our agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights in this website belongs to us. Accordingly, no part of this website may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
5.2 You may only use the trademarks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer in accordance with paragraph 5.1 above.
5.3 We reserve our right to take such action as we consider necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorised use of this website.
6. Links to this website.
6.1 You may not establish and/or operate links to this website without our prior written consent. Such consent may be withdrawn at any time at our discretion.
6.2 We do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third party websites.
7 Modifications
7.1 We reserve the right to modify or withdraw, temporarily or permanently, the website or any part thereof without notice to you and we confirm that we shall not be liable to you or any third party whether in contract or in tort for any modification to or withdrawal of the website.
7.2 We further reserve the right to change the website conditions from time to time, and your continued use of the website, or any part of it, following such change shall be deemed to constitute your acceptance of such change.
8. Limited liability.
8.1 We will not be held liable for any losses and/or damages arising from the use of this website or of any other website to which this website provides a link, and/or from the use of information presented on this or any such other website.
8.2 Without limitation to the provisions of paragraph 8.1 above, any other party (whether or not involved in creating, producing, maintaining or delivering this website) including the officers, directors, employees, shareholders or agents excludes 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, negligence, contract, warranty 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 loss or damage due to viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) 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. further, we exclude all liability and responsibility as set out above whether or not we are advised of the possibility of such loss or damage. 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.
8.3 Nothing in this legal notice shall exclude or limit our liability for:
8.3.1.death or personal injury caused by negligence (as such term is defined by the unfair contract terms act 1977); or
8.3.2.fraud; or
8.3.3.misrepresentation as to a fundamental matter; or
8.3.4.any liability which cannot be excluded or limited under applicable law.
9 Interpretation
In this Agreement:
9.1 reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;
9.2 words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa;
9.3 any reference to a party to this contract includes a reference to his successors in title and permitted assigns; and
9.4 the headings to the conditions are for ease of reference only and shall not affect the interpretation or construction of this contract.
10 Law
This Agreement shall be governed by and construed in accordance with the laws of Ireland, and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.
11 Severability
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect