By accessing and using this Website, you confirm that you have read, understand and accept that Agreement and that you agree to abide by its terms and conditions each time you access and use this Website. If you do not agree to all of this Agreement you should not use this Website.
You agree that we may change this Agreement at any time and any change will become effective immediately once posted by us on the Website. Please check this Agreement from time to time as your continued use of the Website means you accept the Agreement on the Website at the time of your use.
1 Information About Us
The Website and the DoneDeal Service is a website operated by Done Deal Limited (“we”, “us” or ”our”). We are incorporated in Ireland under company number 419073 and our registered office is at Crescent House, Crescent Quay, Wexford. Our VAT number is IE6439073E.
2 Access to and Use of this Website and the DoneDeal Service
The services which are made available on this Website by us from time to time will, among other things, allow you to create, publish and manage written advertisements for goods for sale or for wanted goods; advertisements of the provision of services, contact other users of the Website; post comments on the DoneDeal blog; search our database for advertisements regarding a specific product, service, seller and/or in a specific location; forward advertisements to people you know; invite people you know to view the Website; download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials; view third party material and receive short service messages (SMS) as part of the SMS Service (defined below) (the “DoneDeal Service”).
Subject to this Agreement, you may use the Website for your own personal and commercial or non-commercial use to create, publish and manage written advertisements for goods for sale or for wanted goods or services; contact other users of the Website; post comments on the DoneDeal blog; search our database for advertisements regarding a specific product, service, seller and/or in a specific location; forward advertisements to people you know; invite people you know to view the Website; view third party advertisements; download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the DoneDeal Service; and receive data via SMS to your mobile device as part of the SMS Service (defined below) (“Content”) and other items displayed on the Website.
This Agreement applies to each visitor to, advertiser on and other user of our Website and the DoneDeal Service.
Once you have completed the process of submitting your advertisement we will send you an email confirming receipt of your order for Donedeal.ie Services, this email does not constitute an acceptance of your order. Your order for posting an advertisement on our Website will not be accepted and an agreement concluded between us and you until the payment for Donedeal.ie Services has been received by us. By submitting your advertisement to us, you are deemed to have agreed to this Agreement.
Once your advertisement is posted on the Website your request for our services cannot be cancelled at that stage. Prior to the advertisement appear on the Website you may cancel the advertisement by contacting us at email@example.com.
3 Using and Accessing the Website, Content and the DoneDeal Service
When creating an advertisement on the Website you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes. Please refer to our Advertising Terms & Conditions prior to posting any advertisement.
We have the right to disable, suspend or restrict any password, username, mobile number, IP address or other method that we may allow to be used on the Website from time to time to identify users (whether chosen by you or allocated by us) (a “User Identifier”), at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of this Agreement.
You may not: (i) enter, select, submit or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, (ii) use a User Identifier without appropriate authorisations or rights or (iii) use or submit a mobile number or email to us in respect of which you are not the registered owner, bill-payer and or account holder. We reserve the right in our sole discretion to refuse registration of, suspend or cancel a User Identifier’s use or access rights to the Website without notice. You shall be responsible for maintaining the confidentiality of your User Identifier(s) and are fully responsible for all activities that occur under your User Identifier in connection with this Agreement. Any User Identifiers created by you or submitted for your access to the DoneDeal Service and Website shall be for your personal use only and are non-transferable.
You agree to (a) immediately notify us of any unauthorised use of your User Identifier as registered on our Website or submitted to us by you, or any other related breach of security and (b) if we from time to time allow you to login to restricted areas of the Website using an User Identifier, ensure that you logout at the end of each session following the instructions on the Website. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
If you forget or lose your User Identifier details used for the purposes of accessing restricted areas of the Website, you should request these from us by visiting the “Forgotten” section of the Website.
Only users in Ireland (including Northern Ireland) may use the Website and the DoneDeal Service to create, publish and manage advertisements for goods for sale. This is without prejudice to the rights of users outside of Ireland to use the Website for the purposes of searching our database of advertisements.
As a condition of your access and use of our Website and/or the DoneDeal Service, you warrant to us that you have the right, authority and capacity to enter into and be bound by this Agreement.
We have no obligation to monitor or moderate any user’s activity or use of our Website and/or the DoneDeal Service, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with this Agreement.
Without any admission of liability, we may from time to time assess any possible risks for users from third parties when they use the Website and/or the DoneDeal Service, and we will decide in each case whether it is appropriate to use moderation or pre-approval of advertisements on the Website (including what kind of moderation to use) in the light of those risks. We expressly exclude our liability for any loss or damage arising from the use of the Website and/or the DoneDeal Service by a user in contravention of our Agreement, whether the service is moderated or not and whether or note an advertisement has been reviewed by us prior to appearing on the Website.
We do encourage the use by you of the “Report Ad” mechanism which we have placed on the Website which allows you to report any Content that is in breach of this Agreement or in any other way objectionable.
The use of the Website and/or the DoneDeal Service by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor’s compliance. We advise parents or guardians who permit minors to use the Website and/or the DoneDeal Service that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
You are responsible for making all arrangements necessary for you to have access to our Website and/or the DoneDeal Service. You are also responsible for ensuring that all persons who access our Website and/or the DoneDeal Service through your internet connection, including any minors, are aware of these terms, and that they comply with them.
Access to our Website and/or the DoneDeal Service is permitted on a temporary basis, and we reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of the Website and/or the DoneDeal Service without notice or liability.
4 Restrictions On Right to Use
You agree that you shall not (and you agree not to allow any third party to):
- a. modify, adapt, translate, or reverse engineer any portion of the Website and/or the Donedeal.ie Service;
- b. remove any copyright, trade mark or other proprietary rights notices contained in or on the Website and/or the Donedeal.ie Service or in or on any Content or other material obtained via the Website and/or the Donedeal.ie Service;
- c. use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website and/or the Donedeal.ie Service;
- d. access, retrieve or index any portion of the Website and/or the Donedeal.ie Service for purposes of constructing or populating any database;
- e. collect any information about other users or users of the Website and/or the Donedeal.ie Service (including User Identifiers) for any purpose other than to use the Website for the purposes of responding to advertisements or to use the Website in the manner intended by us;
- f. reformat or frame any portion of the web pages that are part of the Website and/or the Donedeal.ie Service;
- g. create user accounts by automated means or under false or fraudulent pretences or create multiple log ins;
- h. create or transmit unwanted electronic communications such as “spam” to other users of the Website and/or the Donedeal.ie Service or otherwise interfere with other user’s enjoyment of the Website and/or the Donedeal.ie Service;
- i. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- j. use the Website or the Donedeal.ie Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- k. copy or store any Content offered on the Website for other than your own use;
- l. use any device, software or routine that interferes with the proper working of the Website and/or the Donedeal.ie Service, or otherwise attempt to interfere with the proper working of the Website and/or the Donedeal.ie Service;
- m. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- n. use the Website and/or the Donedeal.ie Service, intentionally or unintentionally, to violate any applicable law;
- o. collect or store personal data about other users in connection with the prohibited activities described in this paragraph;
- p. engage in or promote any of the following (or what we deem similar): surveys, contests, pyramid schemes, chain letters, get rich quick promotions, profit sharing promotions, unsolicited e-mailing or spamming via the Website;
- q. impersonate any person or entity; or
- r. upload, post, e-mail, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.
5 Content Standards
These provisions apply to any and all Content which you contribute to our Website and/or the DoneDeal Service, and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole.
You are solely responsible for any Content that you submit, publish or display on the Website or transmit to other Website users.
You are solely responsible for your advertisements listed on our Website. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any user’s use of the Website. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the DoneDeal Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
By posting Content on the Website, you grant to us, and you represent and warrant that you have the right to grant, us, our contractors, and the users of the Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content. This licence is non-exclusive, except you agree that we shall have the exclusive right to exercise this license to the extent of combining your Content with the Content of other users for purposes of constructing or populating a searchable database of advertisements. You understand that this licence allows us to reformat, excerpt, or translate any materials submitted by you.
The following is a partial list of the criteria that Content must comply with. Content must:
- a. be accurate (where it states facts).
- b. be genuinely held (where it states opinions).
- c. comply with applicable law in Ireland, Northern Ireland and in any country from which they are posted.
- The following is a partial list of the type of Content that is prohibited on the Website. Content must not:
- a. comment on, defame, abuse, harass, stalk, threaten or otherwise offend others;
- b. be unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be in breach of privacy or be inappropriate;
- c. breach any applicable laws or regulations;
- d. deceive or mislead any person and/or entity:
- e. falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present:
- f. upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements):
- g. upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights:
- h. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- i. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
- j. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
We do not control the Content posted by users via the DoneDeal Service, including the content of any advertisements or blog postings, and we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website and/or the DoneDeal Service, you may be exposed to Content that is offensive, indecent or objectionable. You are responsible for complying with all laws applicable to the Content you submit to the Website via the DoneDeal Service. We may refuse any DoneDeal Service without prior notice to any user for any or no reason.
For further information, please see our Advertising Terms and Conditions.
6 Suspension and Termination
You agree that we may, with or without cause, immediately delete your advertisement [and terminate your access to the DoneDeal Service or User Identifier] without prior notice at our sole discretion. The deletion or otherwise of an advertisement should not be viewed as an indication of wrongdoing on the part of the advertiser.
Without limiting the foregoing, the following may lead to a deletion by us of a user’s advertisement and/or termination of access to the DoneDeal Service (a) a breach of this Agreement, (b) a request by law enforcement, Gardai / PSNI, police or other government agencies about you or any Content that you have submitted to us, (c) a request by you (self-initiated deletions), (d) unexpected technical issues or problems and (e) extended periods of inactivity. Deletion of a user advertisement and termination of access to the DoneDeal Service may result in the removal of all Content that we may decide to delete. It may also result in preventing your further use of the Website or a User Identifier, depending on the circumstances. Furthermore, you agree that all termination of this Agreement or your use of the Website by us shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account or access to the Website or removal of Content.
You understand and agree that we may review and delete any advertisements, blog postings or other Content that in our sole judgment breach this Agreement or which might be offensive, illegal or that might violate the rights of, harm, or threaten the safety of other users of our Website or us.
We reserve the right to investigate and we will determine, in our discretion, whether there has been a breach of this Agreement through your use of our Website and/or the DoneDeal Service. When a breach of this agreement has occurred, we may take such action as we deem appropriate.
Failure by you to comply with this Agreement may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our Website and/or the DoneDeal Service;
- immediate, temporary or permanent removal of any posting, material or Content uploaded by you to our Website;
- issue of a public (via the Website) or private warning to you;
- limit the amount of postings you may make;
- suspension, restriction or limitation of any rights or permissions associated with a User Identifier;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- other legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of the content standards and restrictions of use. The responses described in this Agreement are not limited, and we may take any other action we reasonably deem appropriate.
7 Your Concerns and Complaints
If you have any concerns about material which appears on our Website or if you believe that Content posted on the Website breaches this Agreement or is in any other way objectionable, please notify us through the “Report Ad” mechanism on the Website or send a letter to DoneDeal.ie, Unit B, Tuskar House, Johns Gate Street, Wexford, Ireland specifying the full details of your concern or complaint, specifying the reasons for your concern or complaint making clear reference to any connected such Content.
If you do not provide us with sufficient information, we maybe unable to process your complaint. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take. You are solely responsible for your interactions with other users of the Website. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.
We will make all reasonable endeavours to respond to complaints received as soon as possible, and our aim is to respond to all complaints within one working day. However, please note that from time to time it may take longer than one working day to deal with complaints.
8 Disputes with Third Parties
You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Website and/or the Donedeal.ie Service. You will, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of we reserve the tight to take any and all appropriate action against you under the terms of the Agreement.
9 Payment for Advertisements
Publication of an advertisement is subject to payment of a fee to DoneDeal.ie (the “Fee”). The Fee is set out on our Website and displayed to you in the course of you offering to place an ad with us. The Fee for all Donedeal.ie Services is quoted and is payable in Euro. All prices are stated inclusive of valued added tax (VAT) at the relevant rate.
If you choose to pay through your telephone bill for a €3 ad, you will be provided with a telephone number and an activation code upon placing your advertisement. You should call this telephone number and enter the activation code. The total cost of the call that is payable as our Fee is €3 (although calls from mobiles and from some landlines may cost more), and this sum is charged to your telephone bill. For further information on paying through your telephone bill, please see http://help.donedeal.ie/info/pay-through-phone. We are not responsible for the payment services provided by your telephone company/ network service provider and you should separately review and confirm that you are agreeable to their terms and separate charges prior to instructing them to pay us.
10 About Published Ads and Duration of the Ads
Ads will be displayed for a period of two months on our Website once initially posted. If you wish to extend this period you will be required to resubmit your request for our Donedeal.ie Service and to make a further payment for those services.
Content which comprises advertising material will appear on the Website. Individual advertisers are solely responsible for the content of the material which they submit to us including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any business and/or advertising material, including, without limitation, any error, omission or inaccuracy.
Please note that the content of the published ads is provided by external users, and do not represent any views or opinions of DoneDeal.ie, nor should they purport to do so.
Accordingly, we require that every care is taken by you or on your behalf in drafting the content of your advertisements in order to ensure that they are not in any way defamatory, illegal or in any other way harmful to a third party as you are solely responsible as author and publisher of your advertisement.
Advertisements published on DoneDeal.ie are also subject to our Advertising Terms & Conditions.
11 SMS Information Service
On our Website you can request to receive a short service message (SMS) notification to the mobile number that you nominate when making the request in respect of advertisements, goods or services advertised on the Website in which you have an interest for your own personal use (the “SMS Service”), and this service forms part of the Donedeal.ie Service.
You agree and acknowledge that the SMS messages are distributed by third party mobile network providers and, for that reason the SMS Service and timeliness of information may be impacted by factors associated with the user’s mobile network provider which are outside of our control. You agree and acknowledge that we are not liable for SMS message transmission delays, issues or failures. You agree and acknowledge that network delays, poor network coverage, your mobile device being switched off, your message inbox being full and/or your mobile device having inadequate memory or power may prevent or inhibit you receiving the SMS Service.
The information provided through the SMS Service indicates that an advertisement matching the criteria that you have saved on the Website has appeared on the Website. We do not guarantee the availability, accuracy or completeness of the information provided pursuant to the SMS Service. We accept no responsibility for (i) any loss of profits, loss of earnings, loss of anticipated savings, loss of goodwill or loss of revenue or (ii) any indirect or consequential loss suffered due to the delay, inaccuracy or other failure of the information provided to the you pursuant to the SMS Service or otherwise.
We reserve the right to amend, alter or terminate the SMS Service at any time with or without notice to you.
12 Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Website and the Donedeal.ie Service, and in the Content published on it. Those works are protected by copyright laws, trade mark laws, database laws and treaties around the world. All such rights are reserved.
The Website and the Donedeal.ie Service (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as works, databases, collective works and/or compilations under the copyright laws of Ireland, Northern Ireland and other countries. All individual ads, articles, Content and other elements comprising the Website and the Donedeal.ie Service are also copyrighted works. Except for the Content submitted by users, the Website, User Identifiers and the Donedeal.ie Service and all aspects of them, including all copyrights, trade marks, and other intellectual property or proprietary rights, are owned by us or our licensors. You acknowledge that the Website, User Identifiers and the Donedeal.ie Service and any underlying technology or software used in connection with the Website and the Donedeal.ie Service contains our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Website, or the Donedeal.ie Service in whole or in part except as expressly provided. Except as expressly and unambiguously provided in this Agreement, we and our advertisers, licensors or suppliers do not grant you any express or implied rights, and all rights in the Donedeal.ie Service not expressly granted by us to you are retained by us or our licensors.
If it is determined that you retain moral rights in the Content, you confirm and agree that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates to the Content; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights.
We are the proprietor of the Irish trade mark DONEDEAL.IE (Logo) (239331). All product or service names mentioned on our Website are the trade marks of their respective owners, and other trade marks may be displayed on our Website from time to time. Some material on our Website may contain other information containing intellectual property of a third party. Nothing displayed on our Website should be construed as granting you any licence or right of use of any logo, information or trade mark displayed on it, without the express written permission of the relevant owner, except as expressly provided in this Agreement.
You may reproduce material from our Website for your own personal, non-commercial reference and you may draw the attention of others to material posted on our Website. Reproduction of material from our Website for other purposes is permitted, provided that the source of the material is acknowledged. In particular, you must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of the Website, nor incorporate it into another website without our express written permission. You may also permit your computer to make an electronically stored, transient copy of the content on our Website for the purposes of viewing it while connected to the internet only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.
Our status (and that of any partners, advertisers or third parties identified on our Website) as the authors of material on our Website must always be acknowledged by you.
You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us.
If you print off, copy or download any part of our Website in breach of this Agreement, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.
13 Disclaimer of Liability
DoneDeal.ie provides this Website and/or the DoneDeal Service on an “as is” basis only. You should not rely on any Content and/or other material on our Website and/or the DoneDeal Service to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Content and/or materials by any user of our Website and/or the DoneDeal Service, or by anyone who may be informed of any of the Content. We accept no responsibility for keeping the information in the Website and/or the DoneDeal Service up to date or complete or liability for any failure to do so.
The Content and other material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website and/or DoneDeal Service or in connection with the use, inability to use, or results of the use of our Website and/or DoneDeal Service, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this Agreement shall exclude or limit our liability in relation to any damages arising from death or personal injury caused by the negligence of DoneDeal.ie or for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
We shall not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on the Website.
Although we make all reasonable endeavours to ensure that the Website is free from viruses and defects, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website and/or DoneDeal Service or to your downloading of any material posted on it, or on any website linked to it.
We do not guarantee the security of the online services or any systems connected with the use of the Website (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Website or any systems used in accessing our services will be continuous or virus or error free.
Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in this Agreement.
You agree to indemnify and hold Done Deal Limited / DoneDeal.ie, our parent, subsidiaries, officers, directors, shareholders, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your access to or use of this Website, the Content or the DoneDeal Service in a manner that breaches or is alleged to breach this Agreement, or the infringement by you, or any third party using your user identification name or password, of any intellectual property or other right of any person or entity.
15 Disclaimer of Endorsement
Content on the Website referring to any products, process or service by trade name, trade mark, manufacturer or otherwise, does not constitute or imply its endorsement, recommendation or validation by us. We have not independently verified the accuracy of any description of any goods or services advertised on the Website. The views, opinions and other Content posted by users on this Website are not ours, shall not be attributed to us by you and shall not be used by you for any advertising or product endorsement purposes unless we expressly authorise it.
16 Uploading Content to Our Website
Any Content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right, at our discretion, to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
17 Linking to Our Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written permission or in order to directly compete with the Website and redirect traffic from it. You must not establish a link from any website that is not owned by you.
We reserve the right to withdraw linking permission without notice. Our Website (in whole or in part) must not be framed on any other website or in any other way altered or displayed in a different manner to the manner which we display it.
If you wish to make any use of material on our Website other than in the manner that is in this Agreement, including as set out above please contact us.
18 Links from Our Website
Where our Website contains links to other websites and resources provided by Banner Advertisers, advertisers using our Website or other third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites you leave our Website and do so entirely at your own risk.
19 Contact From Us
In the course of providing you services and in respect of your use of the Website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your order and necessary for the normal functioning of the Website, including emails which help inform users about functionality of the Website.
Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.
21 Governing Law and Jurisdiction
This Agreement shall be governed by, and construed in accordance with Irish law and any dispute which may arise out of or in connection with this Agreement or the legal relationship established by them, shall be subject to the exclusive jurisdiction of the Irish Courts, although we retain the right to bring proceeding against you for breach of this Agreement in your country of residence or any other relevant country. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.
A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.
In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this Agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.
24 Assignment and Entire Agreement
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