Imagine Broadband internet services limited
website terms of use
This website and the facilities,
services, products and materials available thereon (the "Website") is owned and
operated by Imagine Broadband Internet Services Limited ("Imagine Broadband") whose
principal place of business is Unit 6, Sandyford Business Centre, Sandyford Industrial Estate, Dublin 18. For the purposes of these Terms of Use "we", "our" and "us" refers to Imagine Broadband. Your use of the Website is
subject to your acceptance of these Terms of Use. Please ensure you
read them carefully. You acknowledge that
you have read, understood and agreed to be bound by these Terms of Use. If you do not agree to these Terms of Use, do
not use this website.
CHANGES IN TERMS OF USE
We may modify or
terminate any facilities and/or services offered through this Website from time
to time, for any reason and without notice, and without liability to you, any
other user or any third party. Imagine Broadband reserves the right to change
the content, presentation, performance, user facilities and/or availability of
any part of this Website at its sole discretion, including these Terms of Use
from time to time. You should check these Terms of Use for any changes each
time you access this website. Your continued use of the website will signify
your acceptance of any revised Terms of Use.
Additional terms and conditions will
govern services which you obtain from Imagine Broadband, either through this
Website or otherwise. Nothing on this Website shall be deemed to be an offer by
Imagine Broadband to provide any goods or services to you. The contract for the
provision of such goods or services will be formed only when you have placed an
order and accepted Imagine Broadband’s terms and conditions for the provision of
such services, and Imagine Broadband has confirmed its acceptance of your order.
Your continued use of the Website will
signify your acceptance of any revised Terms of Use. Furthermore, you
acknowledge that Imagine Broadband cannot guarantee the accuracy of any
information contained on the Website and, accordingly you agree not rely or act
upon any information until you have independently verified its accuracy and
validity.
PRICE
The price of products and services which
are available on the Website shall be at our current applicable price at the
date and time of acceptance of your order. This may be specified either on the
Website or at the product or service purchase "checkout", but either way the
definitive price shall be that which we notify to you following our acceptance
of the order. Any incorrect prices on the Website shall be void and of no
effect, and in respect of any orders placed for incorrectly priced products and
services, the correct price as determined by Imagine Broadband shall be notified
to you and, if you wish to continue with the order, then the correct price
shall be substituted in place of the incorrect price.
You agree to pay all applicable charges,
if any, under these Terms of Use and all contracts which you have entered into
with Imagine Broadband, including any applicable taxes or charges imposed by any
government entity. You acknowledge that Imagine Broadband reserves the right to
revise prices which are set out on the Website from time to time at its sole
discretion and without notice to you.
LOCATION
This Website is controlled and operated,
in whole or in part, by Imagine Broadband from its offices within Ireland. This Website has been specifically designed for use in the Republic of Ireland and Imagine Broadband makes no representation that the Website is appropriate or suitable
for use in countries other than Ireland.
USE OF THE WEBSITE
Unless otherwise specified, this Website
and any of its facilities and/or services are for your personal and
non-commercial use only. You may download, display or print part of the
Website for your own personal, non-commercial use. You will not use the
Website or any of its facilities and/or services for any purpose that is
unlawful or prohibited by these Terms of Use.
Your use of the Website is subject to
these Terms of Use. Use of the Website is entirely at your own risk.
You agree not to:
- use the Website for any purpose that is unlawful or prohibited by
these Terms of Use;
- use the Website in any manner which could damage, disable,
overburden or impair it or interfere with any other party’s use and/or
enjoyment of the Website. In particular, you will not post or transmit to or
from the Website any unlawful, threatening, libellous, defamatory, obscene,
scandalous, inflammatory, pornographic or profane material, or any other
material that could give rise to any civil or criminal liability under the law;
- attempt to gain unauthorised access to the Website, or any
accounts, computer systems and networks connected to any Imagine Broadband
website, through hacking, password miming or any other means; or
- use this Website to harvest or otherwise collect by any means any
program material or information (including without limitation email address or
details of other users) from the Website or to monitor, mirror or copy any
content of the Website without the prior written consent of Imagine Broadband.
INDEMNITY
As a user of the
Website, you agree to indemnify, defend and hold harmless Imagine Broadband, its
officers, directors, employees, agents, subsidiaries, affiliates, suppliers and
any other third party information service providers from and against all
claims, demands, losses, expenses, damages and costs, including legal costs,
howsoever resulting from any violation or breach by you of these Terms of Use.
INTELLECTUAL PROPERTY
RIGHTS
The information, communications,
software, scripting, photographs, text, video, graphics, music, sounds, images,
buttons, trademarks, service marks, trade names, logos and other materials and
services found on the Website (collectively, the "Content") are protected by
copyright, trademark, database right, sui generis rights and other intellectual
property laws, under national laws and international treaties. Imagine Broadband
and/or its licensors (as the case may be) retain all right, title, interest and
intellectual property rights in and to the Content.
Subject to these Terms of Use, you are
hereby granted permission to access the Content from the Website solely for
your own personal, non-commercial use of viewing and browsing through the
Website or ordering products or services from the Website. This permission
terminates automatically if you breach any of the Terms of Use.
You agree not to resell, decompile,
reverse engineer, disassemble or otherwise convert the software used on this
Website. Furthermore, you shall not copy, modify, transmit, display,
distribute, perform, reproduce, license, publish, create derivative works from,
upload, extract, transfer or sell any information, Content, software, products
and services contained on or forming part of this Website, or otherwise use the
content of this Website for resale, redistribution or for any other commercial
use, without the prior written consent of Imagine Broadband and you acknowledge
that to do so will be a violation of the proprietary rights of Imagine Broadband. You may, however, save a copy of this page to your local hard disk
for the purposes of creating one personal back-up copy.
PROVISION OF INFORMATION
Imagine Broadband respects the privacy of
individuals who access the Website. When we collect and use personally
identifiable information about you, we will only do so in accordance with our
Privacy Policy, which you can read at [create link here]. The
Privacy Policy is hereby incorporated into and forms part of these Terms of
Use.
Imagine Broadband does not guarantee the
security of any information transmitted to or from the Website. You understand
and agree to assume the security risk for any information you provide using the
Website.
LINKS TO THIRD PARTY WEBSITES
The Website may be connected by means of
hypertext links to or from other sites which are not under the control or
ownership of Imagine Broadband. The fact that Imagine Broadband provides a link to
a third party site does not mean Imagine Broadband endorses, authorises or
sponsors that site. Imagine Broadband reserves the right at any time to
terminate a link to a third party site. Your use of third party sites is
subject to the terms and conditions of use contained within each of those
sites. Access to any third party site through this Website is at your own
risk. Imagine Broadband shall have no responsibility whatsoever for the accuracy
of any information, data, opinions, statements made on any third party site or
the security of any link or communication with the site.
DISCLAIMERS
all use by you of the
website is at your own risk. you assume complete responsibility for, and for
all risk of loss resulting from, your downloading and/or using of the website
or any other information obtained from your use of the website. you agree that
Imagine Broadband, and providers of telecommunications and network services to
Imagine Broadband, will not be liable for damages arising out of your use or your
inability to use the website, and you hereby waive any and all claims with
respect thereto, whether based on contract, tort or other ground.
Imagine Broadband does
not warrant or make any representations regarding the availability, use,
timeliness, security, validity, accuracy or reliability of, or the results of
the use of, the content of the website or any other sites linked to or from the
website. this website is provided "as is" to all users and without any
representations or warranties of any kind either express or implied. to the
fullest extent permitted under applicable law, Imagine Broadband disclaims all warranties,
express or implied, including without limitation, implied warranties of
merchantability, fitness for a particular purpose, and quality. Imagine Broadband makes no representations, warranties or undertakings that the
website, or the server that makes it available, will be free from defects,
including but not limited to viruses or other harmful elements. Imagine Broadband accepts 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 Imagine Broadband which corrupts or
affects the administration, security, fairness and the integrity or proper
conduct of any aspect of the website. no advice or information, whether oral
or written, obtained by you from Imagine Broadband shall be deemed to alter this
disclaimer of warranty, or to create any warranty.
LIMITATIONS OF LIABILITY
To the fullest extent permitted by applicable
law, neither Imagine Broadband nor any of its officers, directors, employees,
affiliates or other representatives will be liable for any loss or damages
arising out of or in connection with your use of the Website or transactions
entered into through or from the Website including, but not limited to,
indirect, consequential or special loss or damages, loss of data, loss of
income, profit or opportunity, loss of or damage to property, exemplary or
punitive damages whether in contract, tort or otherwise, even if the
possibility of such damages had been advised, or such loss or damages were
reasonably foreseeable. You acknowledge that Imagine Broadband has entered into
these Terms of Use relying on the limitations of liability stated herein and
that those limitations are an essential basis of the bargain contract. In no
event shall Imagine Broadband nor any of its officers, directors, employees,
affiliates or other representatives be liable for any damages whatsoever
resulting from the statements or conduct of any third party or the
interruption, suspension or termination of any services, whether such
interruption, suspension or termination was justified or not, negligent or
intentional, inadvertent or advertent.
Without limiting the foregoing and except for
payment obligations, neither party shall have any liability for any failure or
delay resulting from any condition beyond the reasonable control of such party,
including but not limited to governmental action or acts of terrorism,
earthquake or other acts of God, labour conditions, and power failures.
GENERAL INFORMATION
The Terms of Use constitute the entire agreement
between you and Imagine Broadband and govern your use of the Website, superseding
any prior agreements between you and Imagine Broadband relating to your use of
the Website. You acknowledge that you may also be subject to additional terms
and conditions that may apply when you purchase products or services from Imagine Broadband. If any provision of these Terms of Use is held to be invalid, illegal
or unenforceable, then such provision shall be severed and the remainder of
these Terms of Use shall continue in full force and effect.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and
construed in accordance with the law of Ireland, and you hereby agree for the
benefit of Imagine Broadband and without prejudice to the right of Imagine Broadband to take proceedings in relation to these Terms of Use before any
court of competent jurisdiction, that the Courts of Ireland shall have jurisdiction
to hear and determine any actions or proceedings that may arise out of or in
connection with these Terms of Use, and for such purposes you irrevocably
submit to the jurisdiction of the Courts of Ireland.
