Please read the terms and conditions of this agreement carefully as it governs your use of the Site (as defined below), your relationship with us and limits our liability to you. Please note that by using this website or our mobile applications (for example our iPhone and iPad apps) ("Site"), you accept these Terms. If you do not accept these Terms, do not use the Site. We may change these Terms from time to time, so you should review them each time you visit the Site. If you do not wish to accept such amended terms you should at that stage cease using the Site, as continued use of the Site after any changes come into effect indicates your agreement to be bound by same. You should print a copy of these Terms for future reference.
1. About us
1.1. This Site is operated by Destination Newry, a company registered in Northern Ireland under company number (TO BE INSERTED) with a registered office at 3 Railway Avenue ("we", "us", "our"). Our VAT number is(TO BE INSERTED) . You can contact us using the following Destination Newry address: firstname.lastname@example.org
2. Using our Site
2.2 The content of the Site is protected by copyright, trade marks, database right and other intellectual property rights. You may view (and, (where applicable) listen to) the content available on the Site for personal non-commercial use only. You may occasionally print one copy only of individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic, that you must not remove the copyright, trade mark and/or other proprietary notices and that you keep intact all and any such copyright, trade mark and/or other proprietary notices.
2.3. Unless otherwise stated in these Terms, you must not (whether directly or indirectly) reproduce, modify, copy, download, store, make available, distribute, sell or offer to sell all or any part of the content or Site, or download or otherwise copy (whether directly or indirectly) any content, files or data from the Site to make or populate a database or publication of any kind whatsoever. All intellectual property rights, moral rights and equivalent rights wheresoever arising in the contents of this website are hereby asserted and reserved. If you require any further information on permitted use, or a licence to re publish any part of the Site (or any Content), please email us at email@example.com or contact us by telephone on 028 30834010.
2.4. You may only play video or audio files using the media player on our Site.
2.5. If you would like a friend to read a story or watch or listen to a video or audio file on our Site, please use the 'Email to a Friend' or 'Share this Article' facilities on our Site, or you may email a link to our Site to your friend or simply ask them to visit our Site. Please ensure that you have their consent before giving us their details.
2.6. You must not use all or any part of our Site or the contents on it for commercial purposes without our prior written permission.
2.7. Users, whether or not registered, must not abuse our Report Abuse facility e.g. by making unfounded, malicious or unnecessary reports.
3.1. You must be at least 16 years old to register and submit material (e.g. comments) to the Site.
3.2. Only one registration per person is allowed. You must keep your registration information correct, complete and up to date. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively. You should inform us of such changes by emailing the address above at paragraph 1.1.
3.3. You must choose an email address which gives you frequent access to emails sent to that address, as we need to be able to contact you. You must keep your password confidential.
3.4 You must not:
(i) impersonate or try to impersonate another person;
(ii) disclose your password to anyone else;
(iii) allow anyone else use your account;
(iv) use anyone else's account.
3.5. You are responsible for everything done using your account and for preventing unauthorized use of your account. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by emailing firstname.lastname@example.org.
4. Your content - what we are allowed to do
4.1. We may publish, check, edit, delete, move or remove all or part of the comments or other material, including your name, town and country, which you submit to us ('Your Content'), at our sole discretion. We are not under any obligation to do any of these things.
4.2. You retain any copyright you may have in Your Content. By submitting material to us, you as beneficial owner grant us a royalty-free, perpetual, irrevocable, unconditional, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, create derivative works from, reproduce, transmit, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form or format, media, platform or technology now known or later developed. By submitting Your Content, you warrant that you own Your Content or otherwise have the right to grant this licence and that the posting of Your Content does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. The licence is capable of sub-license by us including but without limitation to other entities and brands in our group of companies (including, without limitation, This is Money, Allegran, Jobsite, Find a Property, PrimeLocation, Motors, This is Network).
4.3 Such licence is free from all restrictions and limitations whatsoever including (but not by way of limitation of the generality of the foregoing) free from all so-called "moral rights" or droit moral (for example, but without limitation the right to be identified as author or to object to derogatory treatment) and any similar right now or hereafter accorded by the laws prevailing in any part of the world (including but not limited to any rights pursuant to sections 77 and 80 of the Copyright Designs and Patents Act 1988) and you hereby waive any so-called "moral rights", droit moral and any such rights in Your Content.
4.4 You hereby acknowledge that other users of the Site may reproduce, use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate, distribute or transmit Your Content in whole or in part or in any form or media.
4.5 This clause 4 means, for example (without limitation), that we can:
(a)Continue to publish all or any part of Your Content, including your name, town and country, even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
(b)Remove Your Content, even if you have not breached these Terms;
(c) Use all or any part of Your Content in promoting our products and services (including, but without limitation, using a screenshot including your comments in our advertising);
(d) Edit Your Content, which may result in a part of it being modified and displayed, including without your name.
(e) Move or delete Your Content.
(f) We reserve the right to pre-screen, monitor, check, review, edit, read or moderate Your Content prior to or after publication but please note that we do not have any obligation to, pre-screen, monitor, check, review, edit, read, or moderate Your Content or that or other users or comments and other material submitted to the Site whether before or after publication.
5. Your content - what you are not allowed to do
You are solely responsible for Your Content and by submitting any content you agree to follow these Terms. You must not submit any material which:-
(a) is, contains or links to any material which is,:
(i) unlawful, libelous, harmful, vulgar, obscene, defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous, racist, indecent, of a sexual nature, which is deliberately intended to upset other users, which is otherwise objectionable or which otherwise breaches any laws,
(ii) reveals any confidential or sensitive information or personal data or is otherwise a breach of confidentiality or someone's privacy (and that you will protect personal data in accordance with the principles and provisions defined in the Data Protection Act 1998 and will ensure the reliability of those with access to data and that all necessary steps and procedures have been undertaken to anonymise data where appropriate and that any authors named or identified as part of the content have given their consent to such publication.)
(b) could prejudice any active legal proceedings of which you are aware;
(c) is likely to:
(i) cause someone alarm, anxiety or distress;
(ii) encourage violence or racial or religious hatred or otherwise interferes with any other person's use or enjoyment of the Site
(d) infringes any intellectual property rights, such as copyright and trade marks or otherwise contains any material which you do not have permission to use. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material;
(e) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
(f) advertises or promotes any product or services;
(g) impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
(i) is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful or otherwise breaches any applicable laws regulations or code of practice;
5.2. You must not include links on the Site to any websites or webpages.
5.3. You must not try to get round any protections we put in place for the security and operation of the Site.
5.4. You must not re-submit content which you are aware or ought reasonably to be aware has been removed.
6. Suspending or terminating your registration
6.1 Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit content (including, without limitation, by using someone else's registration), without our prior written permission. The period of any suspension depends on all the circumstances.
6.2 If we in our sole discretion believe that unauthorized or improper use is being made of the Site and/or the Content or that you are otherwise in breach of these Terms, we may at any time, in our sole discretion, without notice, take such action as we deem appropriate, including without limitation, blocking or deleting content from a particular internet domain, mail server, account or IP address, suspending your account or access rights, blocking access from your ID or suspending or terminating use of or access to the Site in whole or in part. We may immediately and without notice terminate any account which we determine in our sole discretion is transmitting or is otherwise connected with any content that violates this policy. However, we are not obliged to do these things.
6.3 If you no longer wish to have a registered account you may terminate your account by sending an email to email@example.com. Note however clauses 4.2 above and 10.2 below which survive termination.
7. Your personal information
8. Third party content, links available on this Site and Our Liability
8.1. We are not liable or responsible for the third party content on the Site (including without limitation but subject to clause 9.5 below, liability in contract, tort, negligence, breach of statutory duty, misrepresentation or otherwise). Third party content includes, for example, comments and content posted by users and the content of advertisements.
8.2. Where the Site contains links to other sites and resources, which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable (including without limitation but subject to clause 9.5 below, liability in contract, tort, negligence, breach of statutory duty, misrepresentation or otherwise) or responsible for the availability or content of third party sites or resources.
8.3 If you see something which you reasonably believe breaches these Terms please use the Report Abuse facility. If there is no facility available, please contact us on firstname.lastname@example.org
8.5 The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws, codes and regulations. We exclude any responsibility for any misrepresentation, error or inaccuracy appearing in any advertising or sponsorship material.
8.5 Your dealings and interactions with any third parties including without limitation advertisers, sponsors, merchants/sellers and other users through the Site and the services provided by the Site and any terms conditions warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings and you agree to indemnify us in the manner referred to in clause 9.11 in relation to such dealings.
9. Our liability and Your liability/indemnity
9.1. The information contained on this Site is for information purposes only and does not constitute advice. It should not be taken as a guide to legislation or good practice and is not a substitute for obtaining legal advice or referring to the appropriate national and local policy guidance, legislation or regulations.
9.2 The Site contains content from other users over which we have no control. We do not give any guarantees or warranties in relation to that content, completeness, suitability, accuracy, integrity or quality of same and do not endorse same. The opinions advice and statements contained in content submitted by other users are those of such users and are not our opinions, advice or statements.
9.3 Whilst we reserve the right to pre-screen, monitor, check, review, edit, read and moderate content submitted by other users prior to or after publication we do not have any obligation to pre-screen, monitor, check, review, edit, read or moderate same and do not accept any liability (including without limitation but subject to clause 9.5 below, liability in contract, tort, negligence, breach of statutory duty, misrepresentation or otherwise) or responsibility for same.
9.4 You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the Site or its contents.
9.5. All warranties conditions and other terms implied by statute or common law or otherwise (including without limitation liability in contract, tort, negligence, breach of statutory duty, misrepresentation or otherwise) are to the fullest extent permitted by law excluded from this agreement save that nothing in these conditions excludes our liability for fraudulent misrepresentation or for death or personal injury caused by our negligence. We are not liable for:
(a) any action you may take as a result of relying on any information provided on this Site or for any loss or damage suffered by you as a result of you taking this action;
(b) any dealings you have with third parties (e.g. other users, advertisers, sponsors, merchants/sellers or promoters) that take place using or facilitated by the Site;
(c) any indirect or consequential loss or damage, including without limitation, costs expenses or other claims for consequential compensation howsoever caused
9.6. We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.
9.7. The Site relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site or any individual feature of the Site will be fault or error free, available all the time, and/or free from viruses or anything else that has contaminating or destructive properties. If a fault occurs with the Site you should report it by email to the address above (email@example.com) and we will attempt to correct the fault as soon as we reasonably can.
9.8 We give no guaranty or warranty that materials and content on the Site are appropriate or available for use in locations outside Northern Ireland and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from locations outside Northern Ireland you do so on your own initiative and are responsible for compliance with local laws.
9.9 The Site provides content from other internet sites or resources and while we try to ensure that material included is correct reputable and of high quality we do not give any warranties or guarantees in relation to that content, its completeness, suitability, accuracy, integrity or quality and we do not endorse same. If we are informed of any inaccuracies in the material on the Site we will attempt to remove or correct the inaccuracies as soon as we reasonably can.
9.10 We will use reasonable care to ensure that information we post is accurate at the time it is added to the Site. However, we cannot guarantee that the information is complete or accurate and we shall not be liable for any loss or damage that anyone may suffer in reliance on the information on the Site.
9.11 You hereby indemnify us (and agree to hold us indemnified) against all claims, costs proceedings, demands, actions, expenses, losses, damages or liabilities arising directly or indirectly as a result of any breach or non performance by you of any of these Terms in particular but without limitation the terms set out in clauses 3-5 and 5.
10. Maintenance of the Site
10.1 Your use of or access to the Site may be restricted or suspended to allow for repairs, maintenance or the introduction of updates, new facilities or services where in our sole discretion we see the need to do so. We will attempt to restore the service as soon as we reasonably can. We reserve the right at our discretion to make changes to any part of the Site or remove any content.
10.2 You are responsible for backing up Your Content. If Your Content is removed or deleted or your account suspended, cancelled or terminated we may permanently delete Your Content (but we are under no obligation to do so) and your data. We are under no obligation to return data to you.
11. Validity of these Terms
11.1. If any provision of these Terms is found by any court, tribunal, or administrative body or competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Terms and the remainder of such provision shall continue in full force and effect.
12. Jurisdiction and applicable law
12.1. These Terms are governed by Northern Irish law. The Northern Irish courts shall have exclusive jurisdiction over any dispute relating to these Terms.
12.2 Every right or remedy we have under these Terms is without prejudice to any other right or remedy we may have whether under these Terms or not.
12.3 Failure of delay by us in enforcing or partially enforcing any provision of these Terms will not be construed as a waiver of any of our rights.