TERMS AND CONDITIONS
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
This website uses cookies.
License to use website
Unless otherwise stated, abigailobrien.com owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, you may not print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
- edit or otherwise modify any material on the website; or
- redistribute material from this website
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without abigailobrien.com’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without abigailobrien.com’s written consent.
Restricted access
Access to certain areas of this website is restricted. abigailobrien.com reserves the right to restrict access to the WordPress backend areas of this website.
If abigailobrien.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
abigailobrien.com may disable your user ID and password in abigailobrien.com sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Abigailobrien.com reserves the right to edit or remove any material submitted to this website, or stored on Nexcess servers, or hosted or published upon this website.
Notwithstanding Abigailobrien.com rights under these terms and conditions in relation to user content Abigailobrien.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Abigailobrien.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Abigailobrien.com does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Limitations of liability
Abigailobrien.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Abigailobrien.com has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Abigailobrien.com liability in respect of any:
- death or personal injury caused by Abigailobrien.com negligence;
- fraud or fraudulent misrepresentation on the part of Abigailobrien.com or
- matter which it would be illegal or unlawful for Abigailobrien.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Abigailobrien.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Abigailobrien.com officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect abigailobrien.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as abigailobrien.com.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Abigailobrien.com and undertake to keep Abigailobrien.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Abigailobrien.com to a third party in settlement of a claim or dispute on the advice of Abigailobrien.com legal advisers) incurred or suffered by Abigailobrien.com arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Abigailobrien.com other rights under these terms and conditions, if you breach these terms and conditions in any way, Abigailobrien.com may take such action as Abigailobrien.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Abigailobrien.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Abigailobrien.com may transfer, sub-contract or otherwise deal with Abigailobrien.com rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and constitute the entire agreement between you and Abigailobrien.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Irish & EU law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts.
Privacy Policy
We are committed to protecting your privacy online. We will treat any personal information (which means data from which you can be identified, including your name, address, e-mail address and the like) that you provide to us, or that we obtain from you, in accordance with the provisions of the Data Protection Act of 1988 and 2003.
This Privacy Policy sets out the way we deal with personal information. We ask you to read it carefully. We may be required to change it from time to time so we also ask you to check it from time to time to make sure you are aware of the latest version. You may be assured, however, that any amendments to this Policy will continue to be in accordance with the provisions of the Data Protection Act 1998.
Should you have any conerns regarding this particular issue whatsoever please do not hesitate to contact us. Abigailobrien.com is responsible for site security matters and is on hand to duly respond to your concerns within 2 working days where possible.
Frequency and content of any contact made by Abigailobrien.com.
Unless replying to a direct e-mail from you which necessitates a response you or, where we are required to provide you with information during the handling of an order from you, no further correspondence will be sent by us.
Personal information held by Abigailobrien.com and any partners of a third party service.
Any information obtained via this web site will be held by Abigailobrien.com. We will not provide it to any third parties without your permission unless we are required by law to do so. Please refer to same policies for any of our partner sites that you use in the course of your visit to Abigailobrien.com, use separately or register to.
What personal information do we obtain and how do we obtain it?
When you register for a particular service or purchase from us we ask you to provide the personal information that we require in order to authorise payment, despatch goods or for service provision to you in accordance with our usual operating procedures and quality standards.
We may also, from time to time, ask you for, or enable you to provide, additional information so that we can improve our service to you or make your visits to our site more rewarding. There will be no obligation on you to provide this information.
We may also use ‘cookies’, or other forms of information software, to obtain information from visitors to our sites which allows us to improve the experience of visitors to our web site. You should, if you wish, be able to prevent the use of this software or ‘cookies’ by changing the setting on your browser, however if you do so, some functionality may be lost.
What use do we make of personal information?
We do not sell, trade or rent your information to other parties unless we have first obtained your consent. If you do give us permission, we will only share information with organisations we have carefully selected and believe to be reputable. We may provide statistics about our customers, sales, traffic patterns and related site information, but we will not supply any personal information.
Your personal information will be used only for the purposes of communicating with you in relation to our products and services, or for any other purposes to which you have given your consent.
How do we protect your personal information?
We use all reasonable endeavours to protect personal information from loss, misuse or alteration. Only authorised employees of our company will have access to your personal information. However, (where applicable) you will be responsible for, and must take all due care to protect, any user ID or password that we have provided for your use on our web sites.
How can you amend your personal information, or ask us to remove it or cease using it for direct marketing purposes?
This can be done at any time by emailing us at Abigailobrien1@gmail.com or in writing, marking your correspondence for the attention of Abigail O’Brien – the nominated representative for such matters as per the Data Protection Act 1988 and 2003, set out above.
Credit:
This legal copy was prepared in association and based on the work at www.freenetlaw.com.