- www.agriretailer.ie is the website address of Agriretailer, part of Agriland Media Limited. The www.agriretailer.ie website (“the Site”) and services are offered to you upon condition of your acceptance without modification of the Terms and Conditions (“the TOS”) below. By viewing and using the Site you are deemed to consent to and accept the TOS. Please therefore read this agreement carefully as it sets out your rights and obligations with respect to the use of the Site and its services. By using any of the services offered by www.agriretailer.ie , you (“the User”) are deemed to warrant that you are 18 years or over.
- Use of particular services offered by www.agriretailer.ie may be subject to additional TOS, which are outlined at the end of the TOS or relevant section.
- The information in the Site may be updated or altered at any time without notification and may at times be out of date. All of the contents of the Site, including the TOS, are subject to change by agriretailer Media Limited without notice. No responsibility is accepted for keeping the information in the Site up to date or liability for any failure to do so. agriretailer Media Limited may change the technical specifications of the Site or any portion thereof or suspend the availability or change the system resource applicable to your use of the Site or any portion thereof.
- Some Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to:
(a) provide true, current, complete, and accurate information about the User as prompted to do so by the Services, and
(b) maintain and promptly update this information as required to keep it true, current, complete and accurate.
If the User provides any information that is untrue, not current, incomplete or inaccurate, or www.agriretailer.ie has reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, www.agriretailer.ie has the right to suspend or terminate your use of the Services.
All information requested on original sign up shall hereafter be referred to as “Registration Information”. This Registration Information will be retained by www.agriretailer.ie , and any of its co-branding partners if applicable, for no longer than is necessary to provide the Services to the User.
Unless the User has agreed to the use of the Registration Information for direct marketing purposes by www.agriretailer.ie , its co-branding partners or selected third parties, www.agriretailer.ie agrees to use the Registration Information only for the purpose of supplying the Services to the User. Users who have agreed to the use of the Registration Information for direct marketing purposes may “opt-out” in writing at any time. www.agriretailer.ie does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services which may be obtained from such third parties, and the User agrees that www.agriretailer.ie shall not have any liability with respect thereof.
www.agriretailer.ie reserves the right to disclose the Registration Information if required to do so by law or if it believes in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce the TOS; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of www.agriretailer.ie , its users and the public.
- The User is entirely responsible for maintaining the confidentiality of the User’s passwords and accounts, and for any and all activities which occur under the User’s accounts or passwords. The User agrees to immediately notify www.agriretailer.ie of any unauthorised use of the User’s accounts, passwords, or any other breaches of security known to the User. www.agriretailer.ie will not be liable for any loss that the User may incur as a result of someone else using or accessing the User’s passwords or accounts, either with or without the User’s knowledge. However the User may be held liable for losses incurred by www.agriretailer.ie or any other party as a result of someone else using or accessing the User’s passwords or accounts. The User will not use anyone else’s accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following instructions on the Site.
- www.agriretailer.ie is required by law to provide the User with the following information:
(a) www.agriretailer.ie is a website address of Agriretailer, part of Agriland Media Limited. Agriland Media Limited can be contacted through this website or at Suite 8, Providence House, Blanchardstown Corporate Park, Dublin 15, Ireland (b)The VAT number of Agriland Media Limited is 2975882BH.
- Access to and use of the Site is at the user’s own risk and we do not represent or warrant that the use of the Site or any material downloaded from it will not cause damage to property, including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans or worms.
- agriretailer Media Limited shall not be liable to you or to any person claiming through you for any loss or damages of any nature suffered including but not limited to loss of business revenues or anticipated savings, loss of profits, goodwill or any type of financial, punitive or exemplary, indirect or direct, consequential, special or similar loss or damages howsoever arising whether in contract, tort or otherwise and incurred and arising as a result of use of or inability to use the Site, including without limitation, as a result of:
- any inaccuracy, incompleteness or any delay, interruption, error or omission in the delivery of any contents of the Site;
- any decision made or action taken in reliance on any contents of the Site
- the loss of use, data or profits arising out of or in connection with the access, use, performance or functionality of the Site or any its contents; and/or
- internet communications in connection with the use of the Site, any file or program available for download or execution from or via the Site and any content or websites linked from the Site.
Further to the above, www.agriretailer.ie shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if www.agriretailer.ie has been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services.
Nothing in these TOS attempt to exclude liability which is not permissible under applicable law, including for death or personal injury, or for fraudulent misrepresentation.
- You may not use the Site to engage in activities which infringe the intellectual property or other rights of Agriland Media Limited and/or its licensors or in such a way so to compromise the privacy of others, to impersonate another person or for purposes which are immoral, illegal or destroy the integrity of any data or other computer based information or which would violate local, state or national laws of any country.
- Save where otherwise appearing, the intellectual property rights and all other rights relating to the content (including without limitation, information, graphics, software, text, sounds, images, trademarks, service marks, trade names and logos) of the Site belong to Agriland Media Limited. The intellectual property rights and all other rights relating to content which is supplied in the Site under licence to Agriland Media Limited belong to the relevant licensors. Agriland Media Limited and its licensors retain all right, title, interest and intellectual property rights in the content of the Site. Use of the content of the Site is restricted to personal use by you. You are granted a limited licence solely for your own personal, non-commercial use to download software from the Site and you are not permitted to alter, modify or adapt any software. Any storing, reprocessing, reutilising, reproduction, distribution, dissemination or transmission of all or part of the content of the Site is prohibited except where expressly permitted by Agriland Media Limited either on its own behalf or on behalf of its licensors. Agriland Media Limited is entitled to notify its licensors of your use of the Site and, in the event of any breach by you of their rights and you are notified of their right to take appropriate action.
- The Site contain hypertext links to:
- associated web sites maintained by Agriland Media Limited and you are warned that when you enter such sites, you will be subject to the TOS of those sites; and
- web sites not maintained by Agriland Media Limited and you are warned that when you enter other web sites via such hypertext links, you will not be subject to these TOS and you will not benefit from the protections afforded to you in using our Site. Agriland Media Limited will not be liable in any way for the content, availability or use of such third party web sites and you use such links entirely at your own risk.
- No third party is permitted to link any other web site to the Site without obtaining our prior written consent.
- Copyright in the Site and the information set out on it belongs to Agriland Media Limited and may not be copied, transmitted or reproduced without Agriland Media Limited’s prior consent.
- Main copyright notices : Save where otherwise specified the contents of all the pages contained in the Site are Agriland Media limited. Reproduction of part or all of the contents of the pages in any form is prohibited other than in accordance with the following express permissions. You may make an electronically stored, transient copy of these pages of the Site for the exclusive purpose of personal on-line viewing.
- Assertion of moral rights: Save where otherwise specified the author(s) of the literary and artistic works contained in the Site has/have asserted his/her/their moral rights to be identified as the author of those works. Their identities are set out in the pages of the Site containing their works.
- Prohibition against copying Agriland Media Limited Art Pages: The licences granted in relation to the Site DO NOT APPLY to the contents of the Agriland Media Limited Art Pages except as specified in (i) above. ALL reproduction of agriretailer Agriland Limited Art Pages is prohibited, including printing and downloading.
- Limited licence to copy to paper hard disk or diskette for personal use : You may print or download to disk the contents of the pages of the Site (other than those excepted from this licence under clause (iii) above) for personal reference and provided that all copyright, trademark and other proprietary notices are left intact and that you may only make one copy thereof.
- General exclusions from licence: The limited licence to copy does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of the Site may be distributed or copied for any commercial purpose. No part of the Site may be reproduced on or transmitted to or stored in any other web site or other form of electronic retrieval system.
- The User agrees to not use the Services to:
- upload, post or otherwise transmit any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an www.agriretailer.ie official, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- upload, post or otherwise transmit any Material that the User does not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- upload, post or otherwise transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
- “stalk” or otherwise harass another;
- collect or store personal data about other users;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;
- attempt to gain unauthorised access to any www.agriretailer.ie site or service, other User accounts, computer systems or networks connected to any www.agriretailer.ie site or service, through hacking, password mining or any other means;
- create a false identity for the purpose of misleading others.
- The User may be permitted to submit User Content for publication in various areas of the Site. Interaction with the Site, and submission of any User Content, are governed by the Community Standards. The Community Standards are deemed to be incorporated into these TOS and the User is deemed to consent to the Community Standards, and these TOS, if the User chooses to submit any User Content or comments to the Site.
The User understands that all Content submitted by any other user is the sole responsibility of the user from which the Content originated. Agriland Media Limited has no liability in respect of any User or content submitted by other users, Content and published by us or by authorised third parties.
The User accepts and agrees that if the User posts User Content on the site or views Content posted by other users, the User is doing so at his or her own discretion and risk, and that Agriland Media Limited has no responsibility for the accuracy, integrity or quality of any such User Content or Content submitted by other users. The User further accepts and agrees that the views expressed by the User in any User Content submitted by the User, or any other Content submitted by other Users, do not necessarily reflect the views of Agriland Media Limited. The User accepts and agrees that Agriland Media Limited has no obligation to pre-moderate, review or monitor any, Agriland Media Limited reserves the right to refuse to publish, to edit or to remove any User Content at our sole discretion. We may remove any User Content at any time.
- The User agrees to indemnify, defend (at www.agriretailer.ie request), and hold www.agriretailer.ie , its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of:
- the User’s use of the Services or any part thereof,
- the violation of these TOS or any provision therein by the User,
- the publication of any User Content,
- the viewing of any User Content by any third party,
- or the infringement or misappropriation by the User, or a third party using the User’s computer, of any account or password to access and/or use the Services,
- of any intellectual property rights of any person or entity, and
- the use or misuse by the User or third parties of the User’s passwords or accounts.
- www.agriretailer.ie has no obligation to monitor the Services but reserves the right to do so and to remove any Content or Material at its sole discretion at any time without notice.
- www.agriretailer.ie reserves the right to terminate all or part of the Services at any time without notice, and without issuing any refunds if the User is in breach of the TOS. www.agriretailer.ie shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Services or any part thereof.
- www.agriretailer.ie may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. The User agrees that www.agriretailer.ie has the right to run such advertisements and promotions. www.agriretailer.ie does not control the content of any services supplied by third parties and the inclusion of content does not imply endorsement of the third party by www.agriretailer.ie or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that www.agriretailer.ie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or advertising or services.
- www.agriretailer.ie and/or third parties may, from time to time, send email messages to the User containing advertisements, special promotions, and other marketing subject to the User’s permission. The User must decide to “opt-in” to our email messages during the registration process or through a link on the www.agriretailer.ie site if they wish to receive any email services, newsletters, special promotions or other marketing materials (“Opt-in Email Programmes”). www.agriretailer.ie reserves the right to partner with any email marketers to provide these Opt-in Email Programmes. User correspondence or business dealing with advertisers or third parties found on or through the Opt-in Email Programmes, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that www.agriretailer.ie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
- The TOS shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and www.agriretailer.ie agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland.
- No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of www.agriretailer.ie and any attempted assignment and delegation without such consent shall be void and without effect. www.agriretailer.ie shall be entitled to assign this agreement. This TOS shall be binding upon and shall endure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
- Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
- If any of the provisions of this agreement is found by an arbitrator, court or other competent authority to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.
- Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice www.agriretailer.ie’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by www.agriretailer.ie in writing.