Legal Copyright Terms and Conditions (the “Terms & Conditions”)
Any use by you of the website operated by VistaTEC Limited at www.vistatec.com (the “Site”) is conditional upon your acceptance of these Terms & Conditions, including our privacy statement and cookie notice contained in the following link: http://www.vistatec.com/privacy (“Privacy Statement”). We reserve the right to amend the Terms & Conditions and/or the Privacy Statement from time to time without notice and at our discretion. It is your responsibility periodically to review the Site for changes to the Terms & Conditions and/or the Privacy Statement, which shall come into effect once posted. Your continued use of the Site constitutes acceptance of the Terms & Conditions and the Privacy Statement. We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability. The Site is operated by VistaTEC Limited, registered in Ireland with company number 268483 and whose registered address is at 693-705 South Circular Road Dublin 8 Ireland, the ultimate holding company of which is VistaTEC Holdings Limited, registered in Ireland with company number 397629 and whose registered address is at VistaTEC House 700 South Circular Road Kilmainham Dublin 8.
All references to “our”, “us” or “we” within these Terms & Conditions and Privacy Statement are deemed to refer to VistaTEC Holdings Limited, its subsidiaries, affiliates and associates.
Copyright and Reproduction Notice and Limited Licence
All of the information, content, graphics, text, images, sounds, videos, trademarks, service marks, design marks, patents, trade names, business names, domain names, database rights, logos, formats and styles of presentation, software (including HTML code, interface and website structure) and material analogous to it (including the look and feel, design and compilation thereof) (the “Materials”) contained in the Site are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties, and are owned by us. You are granted a limited licence to deal with this information in order to consider doing business with us or in order to continue doing business with us on the strict basis that all copyright, trademark and other proprietary notices are left intact (the “Limited Licence”). You agree that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Materials. The grant of the Limited Licence is conditional on your agreement to, and compliance with, all of the Terms & Conditions and the Privacy Statement.
Intellectual Property Rights Notice
The name “VistaTEC” is a trademark owned by us. We and our licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. Nothing within the Terms & Conditions or the Privacy Statement shall be construed as conferring by implication, estoppel or otherwise, any licence or right under any copyright, patent, trademark, database right, sui generis right or other intellectual property or proprietary interest of us or of any third party.
All use by you of the Site 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, any Materials, or any other information obtained from your use of the Site. You agree that we will not be liable for damages arising out of your use or your inability to use the Site, and you hereby irrevocably waive any and all claims with respect thereto, and whether based on contract, tort or other grounds.
The Site is available to you “as is” without any representations or warranties of any kind, either express or implied. We make no representations, warranties or undertakings that the Site, or the server that makes it available (as the case may be), will be available, accessible, error-free, uninterrupted or that the contents will be accurate, free from defects, including, but not limited to; viruses or other harmful elements. We accept 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 us, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of the Site.
You acknowledge that there are certain inherent risks in using the Internet and the World Wide Web. We make no representations, warranties or undertakings about:
any of the Materials on the Site (including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose, performance, title and non-infringement); or
any content of or information on any other website referred to or accessed by hypertext link through the Site or from which the Site is referred to or accessed by hypertext link (“third party site”). We do not endorse or approve the content of any third party site, nor will we 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 judgement 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.
You should always verify the information set out in the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.
If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
You will indemnify us and our officers, directors, agents, employees and representatives, against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site (including but not limited to information obtained from third party sites) or your violation of the Terms & Conditions and/or the Privacy Statement and/or any other laws, regulations and rules.
Restriction, Suspension and Termination
We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, if we believe that you have breached the Terms & Conditions and/or the Privacy Statement at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of the Terms & Conditions and/or the Privacy Statement. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of the Terms & Conditions and/or the Privacy Statement.
Limitation of Liability
To the fullest extent permitted by applicable law, neither we nor any of our officers, directors, employees, consultants, advisers, agents, assigns, affiliates or other representatives will be liable for loss, costs, damages or expenses arising out of or in connection with your use of, or your inability to use, the Materials, and/or facilities or services offered through the Site, 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 we have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including, but not limited to, negligence, strict liability or product liability) and whether or not we were or should have been aware or advised or the possibility of such damage arising from the Terms & Conditions, including the Privacy Statement, or use of the Site exceed, in the aggregate, €50.
We do not make any representation that Materials and/or the facilities or services offered through the Site 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 the Site, 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. If it is prohibited to make the Site, the Materials, and/or facilities or services offered through the Site or any part of them, available in your country, or to you (whether by reason of nationality, residence or otherwise), the Site, the Materials and/or facilities or services offered through the Site or any part of them are not directed at you.
The Terms & Conditions and the Privacy Statement shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of us, and without prejudice to the right of any of us to take proceedings in relation to the Terms & Conditions and/or the Privacy Statement 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 Terms & Conditions, and for such purposes you irrevocably submit to the jurisdiction of such courts.
Any waiver of any provision of the Terms & Conditions and/or the Privacy Statement must be in writing and signed by us 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 the Terms & Conditions or the Privacy Statement 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. The Terms & Conditions and the Privacy Statement represent the entire understanding and agreement between you and us relating to use of the Site, 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 us.
© 2015 VistaTEC Holdings Limited, registered in Ireland with company number 397629 and whose registered address is at VistaTEC House 700 South Circular Road Kilmainham Dublin 8