Important Legal Notice

Attention: These terms and conditions (“Terms”) apply to the entire contents of this website under the domain name www.martinkelleher.ie (website) and to any correspondence by e-mail between us and you. Please read these Terms carefully before using this Website. Using this Website indicates that you accept these Terms. If you do not accept these Terms, do not use this Website. These Terms are issued by Martin Kelleher Property Co. (“Firm”).

Introduction

1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website may only be open to you if you register.

12 By accessing any part of this Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave this Website immediately.

1.3 The firm may revise these Terms at any time by updating them. You should check this Website from time to time to review the then current Terms, because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or conditions located on particular pages at this Website.

Licence

2.1 You are permitted to print and download extracts from this Website for your own personal non commercial use on the following basis:

• no documents or related graphics on this Website are modified in any way
• no graphics on this Website are used separately from accompanying text; and
• the Company’s copyright and trade mark notices and this permission notice appear in all copies.

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the firm or its licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. The martinkelleher.ie logo is a trademark of the firm and no licence is granted to you to use it.

2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the firm’s prior written permission.

2.4 You agree to comply with any restrictions upon the export of information between countries and not to export information to countries or persons prohibited under any country’s laws. By downloading any information you agree that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for complying with the laws applicable to your jurisdiction in relation to the export of information.

2.5 Any rights not expressly granted in these Terms are reserved.

Services

3.1 While the firm endeavors to ensure that this Website is normally available 24 hours a day, the firm shall not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the firm’s control.

3.3 The firm may at any time and without liability modify, suspend or discontinue the Website with or without notice, for any technical, operational or commercial reasons.

Visitor Material And Conduct

4.1 Other than personally identifiable information, which is covered under the Privacy Statement any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The firm shall have no obligations with respect to such material. The firm and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material:

• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
• for which you have not obtained all necessary licences and/or approvals; or
• which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Ireland or any other country in the world; or
• which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 The firm shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.

Links To And From Other Websites

5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The firm has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The firm therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

• you do not remove, distort or otherwise alter the size or appearance of the martinkelleher.ie logo;
• you do not create a frame or any other browser or border environment around this Website;
• you do not in any way imply that the firm is endorsing any products or services other than its own;
• you do not misrepresent your relationship with the firm nor present any other false information about the firm;
• you do not otherwise use any firm trademarks displayed on this Website without express written permission from the firm;
• you do not link from a website that is not owned by you; and
• your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3 The firm expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these Terms and to take any action it deems appropriate.

5.4 You shall fully indemnify the firm for any loss or damage suffered by the firm for any breach of paragraph 5.2.

Registration (If Applicable)

6.1 Each registration is for a single user only. The firm does not permit you to share your user name and password with any other person nor with multiple users on a network.

6.2 Responsibility for the security of any passwords issued rests with you.

Disclaimer

7.1 While the firm endeavours to ensure that the information on this Website is correct, the firm does not warrant the accuracy and completeness of the material on this Website. The firm may make changes to the material on this Website, or to the services, products and prices described in it, at any time without notice. The material on this Website may be out of date, and the firm makes no commitment to update such material.

7.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the firm provides you with this Website on the basis that the firm excludes all representations, warranties, conditions and other provisions which but for this legal notice might have effect in relation to this Website.

7.3 The information on the Website does not constitute an offer or contract in respect of any property featured and the vendor/landlord does not make or give, nor is the firms or its staff authorised to make or give any representation or warranty in respect of such property.

7.4 All descriptions, dimensions, references to conditions, rights, accesses, permissions for use and occupation and other details in relation to property featured on the Website are given in good faith and are believed to be correct but you should not rely on them as statements or representations of fact and should satisfy yourself by inspection or otherwise as to the correctness of them.

Liability

8.1 The firm, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

8.2 Nothing in these Terms shall exclude or limit the firm’s liability for any liability which cannot be excluded or limited under applicable law.

8.3 If your use of this Website results in the need for servicing, repair or correction of equipment, software or data, the firm shall have no responsibility whatsoever for any costs arising.

8.4 You agree to indemnify and hold harmless the firm, its officers, directors, employees, shareholders and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting whether directly or indirectly from your use of the Website.

General

9.1 The Website is controlled by the firm from its location within Ireland. The firm makes no representation that its subject is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

9.2 Any disputes, claims or proceedings arising out of or in any way relating to the Website 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 Website. Without prejudice to the foregoing, the firm may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and the firm may bring enforcement proceedings in another state on foot of an Irish judgement.

9.3 If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

9.4 No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

9.5 These Terms constitute the entire agreement between you and martinkelleher.ie the firm in relation to the use by you of the Website.