1. Use of Material

D & A Irish Motoring Ltd authorises you to view and download material solely for personal use. Any downloads required for non-commercial use must be authorised in writing by D & A Irish Motoring Ltd. All content of the site, such as text, graphics, maps and images are protected by copyright under Irish and International laws. Unauthorised use of D & A Irish Motoring Ltd material may violate copyright, trademark and other laws.

All copyright, trademark and other proprietary notices contained in the original material must be retained on any copied or reproduced material. You may not modify or sell any material or reproduce, display, distribute, or otherwise use material in any way for any public or commercial purpose without the express permission from D & A Irish Motoring Ltd. The use of said material on any other web site or in a computer server or network for any purpose is again prohibited without the express consent of D & A Irish Motoring Ltd.

If any of the above terms or conditions are broken, all permission to use the material will be withdrawn and you must also destroy any copies made of said material.

2. D & A Motoring Liability 

The material on www.irishmotoring.ie may contain inaccuracies or typographical errors. D & A Irish Motoring Ltd makes no representations about the accuracy or reliability of the content or about the results obtained from using the site and the material provided. In particular D & A Irish Motoring Ltd makes no warranties or representations as to the accuracy, reliability or quality of any of the products for sale or view on its site. The use of the site and its material is entirely at your own risk. Changes will be made to the site on a daily basis and may be made at any time without notice.

D & A Irish Motoring Ltd shall not be held liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform any of its obligations hereunder caused by circumstances beyond its reasonable control.

D & A Irish Motoring Ltd does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful elements. If your use of the site or material results in the need for servicing or replacing equipment or data, D & A Irish Motoring Ltd assumes no responsibility whatsoever for those costs.

The site and material are provided on an ‘as is’ and ‘as available’ basis without any warranties of any kind. D & A Irish Motoring Ltd and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non infringement of third parties rights, and any warranty of fitness for a particular purpose. D & A Irish Motoring Ltd and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, sample test route maps, graphics or links.

3. Disclaimer of Consequential Damages

Subject to section 7 of these terms and conditions, in no event shall D & A Irish Motoring Ltd, its suppliers, or any third parties mentioned at the site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages resulting from the use of maps or material) resulting from the use or inability to use the site and the material whether based on statute, contract or any other legal cause and whether or not D & A Irish Motoring is advised of the possibility of such damages.

4. Forum Submissions

Any communications which are posted on the Irish Motoring website are considered to be non-confidential. By posting communications to the Web Site, you automatically grant D & A Irish Motoring a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communications alone or as part of other works in any form, media, or technology whether now know or hereafter developed, and to sub-licence such rights through multiple tiers of sub-licences.

As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not:

You agree not to use the Site or cause or permit any material to be used:

D & A Irish Motoring does not represent or guarantee the truthfulness, accuracy, or reliability of any of the communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on D & A Irish Motoring Ltd products and services as well as information posted on the site by other users will be at your own risk.

D & A Irish Motoring Ltd does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a user of communications which allegedly do not conform to this agreement, D & A Irish Motoring Ltd may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communications. Each user hereby agrees that any such action taken by D & A Irish Motoring will not be challenged by the user. D & A Irish Motoring Ltd had no liability of responsibility to Users for performance or non-performance of such activities. D & A Irish Motoring Ltd reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive or which D & A Irish Motoring otherwise deems to be in breach of these Terms and Conditions if Use.

5. Links to and from other Web Sites

The Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by D & A Irish Motoring Ltd of the contents on such third party Web Sites. D & A Irish Motoring Ltd is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk.

D & A Irish Motoring Ltd generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Sites homepage and provided D & A Irish Motoring gives its consent to the establishment of such links. D & A Irish Motoring Ltd reserves the right to refuse consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.

6. Software Licences

All software that is made available for downloading from the site is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software licence agreement of designated ‘Legal Notice’ accompanying such software. The downloading and use of such software is conditioned on your agreement to be bound by the terms of the Licence Agreement.

7. Limitation of Liability

Unless otherwise expressly provided in a Software Licence or Legal Notice the aggregate liability of D & A Irish Motoring to you for all claims arising from the use of the Site or Materials (including software) is limited to €1 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.

8. Indemnity

You agree to defend, indemnify, and hold harmless D & A Irish Motoring Ltd, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including software, sample test routes etc) or your breach of the terms of this Agreement.

9. General

The Site is controlled by D & A Irish Motoring Ltd from its location in Ireland.

Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site.

No waiver of any terms of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND D & A IRISH MOTORING LTD WITH RESPECT TO THE USE OF THE SITE. Any changes to this Agreement will be posted on the Site and will take immediate effect.

D & A Irish Motoring Ltd may at any time and without liability modify, suspend or discontinue the Site or any Materials, with or without notice, for any valid technical, operational or commercial reasons.

 

© COPYRIGHT D & A IRISH MOTORING LTD 2006. ALL RIGHTS RESERVED