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Terms & Conditions
TERMS OF SERVICE 1. Introduction: irishtimes.com is the website address of The Irish Times Limited. The irishtimes.com website ("the Site") and services are offered to you upon condition of your acceptance without modification of the terms and conditions ("the TOS") below. By viewing and using the Site you are deemed to consent to and accept the TOS. Please therefore read this agreement carefully as it sets out your rights and obligations with respect to the use of the Site and its services. By using any of the services offered by irishtimes.com, you ("the User") are deemed to warrant that you are 18 years or over. Use of particular services offered by irishtimes.com may be subject to additional terms and conditions, which are outlined at the end of the TOS. The services offered by Irishtimes.com can be divided into Paid Subscription Services (as identified below and defined in Clause 26.1) and other services for which you may be required to register. The current list of services is: Paid Subscription Services: 1. Premium Email 2. The Irish Times Crossword Club 3. The Irish Times Archive Other Services (registration may be required): News Digest; Breaking News Alert; The Irish Times Shop Please note that only subscription to the Paid Subscription Services entitles you to access to those subscription services. Registration for any of the other services does not entitle you to access to the Paid Subscription Services. If you are using the services in the course of your business, trade or profession ("the Commercial User") you are subject to the additional terms and conditions provided in Clause 28. 2. Acknowledgement and Acceptance of Terms of Service: irishtimes.com provides free access to parts of its site, and also provides subscription services, and in particular but without limitation, an Email service which is owned and operated by outblaze.com("the Services"). The Services are provided to the User under the terms and conditions of the TOS and any operating rules or policies that may be published from time to time by irishtimes.com. The TOS comprise the entire agreement between the User and irishtimes.com and supercede all prior agreements between the parties. You may also be subject to additional terms and conditions by agreement with The Irish Times Limited or when you use affiliate or third party services. 3. Access to the Services: The User must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; (b) provide for the User's own access to the Web and pay any telephone or other connection and service fees associated with such access; (c) pay the Services fees where applicable as determined by irishtimes.com from time to time. 4. Modifications of Terms of Service: irishtimes.com reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion and without notice to you. It is the responsibility of the User to regularly review the TOS for modifications. By continuing to use the Services, the User agrees to be bound by the amended TOS. 5. Personal Information: Some Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to: (a) provide true, current, complete, and accurate information about the User as prompted to do so by the Services, and (b) maintain and promptly update this information as required to keep it true, current, complete and accurate. If the User provides any information that is untrue, not current, incomplete or inaccurate, or irishtimes.com has reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, irishtimes.com has the right to suspend or terminate your use of the Services. All information requested on original sign up shall hereafter be referred to as "Registration Information". This Registration Information will be retained by irishtimes.com, and any of its co-branding partners if applicable, for no longer than is necessary to provide the Services to the User. Unless the User has agreed to the use of the Registration Information for direct marketing purposes by irishtimes.com, its co-branding partners or selected third parties, irishtimes.com agrees to use the Registration Information only for the purpose of supplying the Services to the User. Users who have agreed to the use of the Registration Information for direct marketing purposes may "opt-out" in writing at any time. irishtimes.com does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services which may be obtained from such third parties, and the User agrees that irishtimes.com shall not have any liability with respect thereof. irishtimes.com reserves the right to disclose the Registration Information if required to do so by law or if it believes in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce the TOS; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of irishtimes.com, its users and the public. 6. User Account, Password and Security: The User is entirely responsible for maintaining the confidentiality of the User's passwords and accounts, and for any and all activities which occur under the User's accounts or passwords. The User agrees to immediately notify irishtimes.com of any unauthorised use of the User's accounts, passwords, or any other breaches of security known to the User. irishtimes.com will not be liable for any loss that the User may incur as a result of someone else using or accessing the User's passwords or accounts, either with or without the User's knowledge. However the User may be held liable for losses incurred by irishtimes.com or any other party as a result of someone else using or accessing the User's passwords or accounts. The User will not use anyone else's accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following instructions on the Site. 7. Privacy Policy: The User may view the privacy policy at the bottom of this page or can go the following URL: www.irishtimes.com/about/privacy. 8. Information Required by Law: irishtimes.com is required by law to provide the User with the following information: (a) irishtimes.com is a website address of The Irish Times Limited. The Irish Times can be contacted through this website or at The Irish Times Limited, The Irish Times Building, PO Box 74, 24-28 Tara Street, Dublin 2. (b) The VAT number of The Irish Times Limited is IE8L40281T. (c) Written confirmation of subscription to any of the Paid Subscription Services shall be provided to the User at the email address supplied during subscription. The User has a period of seven working days from the date of subscription to withdraw from subscription without penalty and without giving any reason by giving notice in writing. Following that period the User can cancel subscription at any time by giving notice in writing without prejudice to any rights that may have accrued to irishtimes.com. 9. Notice: All notices issued by or on behalf of irishtimes.com shall be in writing and shall be made either via online announcements, email, or conventional mail. irishtimes.com may broadcast notices or messages through the Services and such broadcasts shall constitute notice to the User. 10. Proprietary Rights to Consent: The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the "Content") contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to the User by the Site or Services, by irishtimes.com, irishtimes.com's advertisers, or other irishtimes.com Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws. The User is only granted a limited personal licence for the User's own personal, non-commercial use for the Site and Services unless expressly otherwise authorised by irishtimes.com and in particular is only granted a limited personal licence to refer to, bookmark or point to any page within the Site, or to download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute, or create derivative works from the Content without expressly being authorized to do so by the relevant copyright owner. 11. User Conduct: (a) The User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Material"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Material originated. This means that the User, and not irishtimes.com, is entirely responsible for all Material that the User uploads, posts or otherwise transmits via the Services. irishtimes.com does not control Material posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Material. The User understands that by using the Services, the User may be exposed to Material that is offensive, indecent or objectionable. (b) The User agrees to not use the Services to: i. upload, post or otherwise transmit any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; ii. harm minors in any way; iii. impersonate any person or entity, including, but not limited to, an irishtimes.com official, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity; iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); v. upload, post or otherwise transmit any Material that the User does not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); vi. upload, post or otherwise transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; vii. upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that are designated for such purpose; viii. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; ix. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; x. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; xi. intentionally or unintentionally violate any applicable local, state, national or international laws or regulations; xii. "stalk" or otherwise harass another; xiii. collect or store personal data about other users; xiv. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; xv. attempt to gain unauthorised access to any irishtimes.com site or service, other User accounts, computer systems or networks connected to any irishtimes.com site or service, through hacking, password mining or any other means; xvi. create a false identity for the purpose of misleading others. 12. Indemnification: The User agrees to indemnify, defend (at irishtimes.com's request), and hold irishtimes.com, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of the User's use of the Services or any part thereof, the violation of these TOS or any provision therein by the User, or the infringement or misappropriation by the User, or a third party using the User's computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by the User or third parties of the User's passwords or accounts. 13. Monitoring: irishtimes.com has no obligation to monitor the Services but reserves the right to do so and to remove any Content or Material at its sole discretion at any time without notice. 14. Complaints Procedure: Any abuse of the Services, including but not limited to the violation of these TOS or any provision therein, or the infringement or misappropriation by any User, or a third party using a User's computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by any User or third parties of a User's passwords or accounts, should be reported immediately to irishtimes.com at services@irishtimes.com. 15. Modifications and Discontinuance of the Services: irishtimes.com reserves the right at its sole discretion to modify or discontinue the Site or Services, or any portion thereof, at any time, with or without notice to the User. irishtimes.com shall not be liable to the User or any third party should irishtimes.com exercise its right to modify or discontinue the Site or Services. No refunds will be granted to any Users who have paid Services fees in this instance. 16. Term and Termination: (a) irishtimes.com reserves the right to terminate all or part of the Services at any time without notice, and without issuing any refunds if the User is in breach of the TOS. irishtimes.com shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Services or any part thereof. (b) In respect of the Paid Subscription Services only, irishtimes.com reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription. The User can renew the subscription within 14 days only, following the expiry of the subscription period. After this 14 day period the User who has not renewed his / her subscription will not be able to access his / her account and all data and information relating to the account will be deleted. The Username will subsequently be made available for purchase by a different User. If the User seeks to renew an expired subscription and account, irishtimes.com, at its sole discretion, may allocate a new account to the User. (c) In respect of other services, for which registration is required, irishtimes.com reserves the right at its sole discretion to terminate User accounts and to delete all information and files on these accounts. In the event that a user account remains inactive for 15 months, access to it will be locked by irishtimes.com. If the user account remains inactive for a total period of 3 years, it shall be terminated and all information relating to the user account deleted 17. Third Parties: (a) Advertising irishtimes.com may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. The User agrees that irishtimes.com has the right to run such advertisements and promotions.irishtimes.com does not control the content of any services supplied by third parties and the inclusion of content does not imply endorsement of the third party by irishtimes.com or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that irishtimes.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services. (b) Email Marketing irishtimes.com and/or third parties may, from time to time, send email messages to the User containing advertisements, special promotions, and other marketing subject to the User's permission. The User must decide to "opt-in" to our email messages during the registration process or through a link on the irishtimes.com site if they wish to receive any email services, newsletters, special promotions or other marketing materials ("Opt-in Email Programmes"). irishtimes.com reserves the right to partner with any email marketers to provide these Opt-in Email Programmes. User correspondence or business dealing with advertisers or third parties found on or through the Opt-in Email Programmes, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that irishtimes.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. (c) Links The Site or Services may contain images of and links to third party websites ("Linked Sites"). Linked Sites are not under the control of irishtimes.com and the User agrees that irishtimes.com is not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by irishtimes.com or any association with its owners or operators. User correspondence or business dealing with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that irishtimes.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services. 18. Disclaimer of Warranties: (a) irishtimes.com provides the Site and Services on an "as is" and "as available" basis, and the User uses the Site and Services at his/her sole risk. (b) irishtimes.com shall not be responsible for the effect or result of the introduction or entry of any virus into the Site and /or one or any of the Services. (c) irishtimes.com makes no warranty that the Site or Services will meet the User's requirements; nor that the Site or Services will be uninterrupted, timely, secure, or error free; nor does irishtimes.com make any warranty as to the results that may be obtained from the use of the Site or Services; nor as to the accuracy or reliability of any information obtained through the Site or Services; nor that defects in the Site or Services will be corrected. (d) irishtimes.com expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. (e) The User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the Site or Services is done at the User's own discretion and risk. irishtimes.com is not responsible for any damage to the User's computer system or loss of data that results from the download of such Content and/or Material. (f) irishtimes.com makes no warranty regarding any goods or services purchased or obtained through the Site or Services or any transactions entered into through the Site or Services. (g) If the User uses the Email service for business purposes, irishtimes.com accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the service. irishtimes.com accepts no responsibility for any interruption of business as a direct or indirect result of the Site or Services. (h) irishtimes.com accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the service. (i) No advice or information, whether oral or written, obtained by the User from irishtimes.com shall create any warranty not expressly made herein. 19. Limitation of Liability: irishtimes.com shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if irishtimes.com has been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services. 20. Law: The TOS shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and irishtimes.com agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland. 21. Assignment: No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of irishtimes.com and any attempted assignment and delegation without such consent shall be void and without effect. irishtimes.com shall be entitled to assign this agreement. This TOS shall be binding upon and shall endure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein. 22. No Agency: Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so. 23. Severability: If any of the provisions of this agreement is found by an arbitrator, court or other competent authority to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable. 24. Waiver: Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice irishtimes.com's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by irishtimes.com in writing. 25. Titles: The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance. ADDITIONAL TERMS AND CONDITIONS FOR PARTICULAR SERVICES 26. (i) Paid Subscription Services: The Premium Email, The Irish Times Crossword Club and The Irish Times Archive are paid subscription-based services (the "Paid Subscription Services") and the User must register, set up an account and pay a subscription to gain access to these services. The subscription fee is determined by irishtimes.com and can be subject to change at any time at its sole discretion. Subscription to any of the Paid Subscription Services is personal to the User and may not be transferred or assigned. By subscribing for the Paid Subscription Services the User agrees to pay all fees and charges including applicable taxes. In order to set up an account the User must provide irishtimes.com with valid credit card information and by providing such information the User thereby authorises irishtimes.com to bill all fees, charges and applicable taxes through that account as and when they become due. Any queries regarding billing on a User account must be raised with irishtimes.com within 30 days. The User will be billed in Euro or Sterling. Exchange settlements will be determined by agreements between the User and the credit card issuer. If irishtimes.com does not receive payment from the credit card issuer, the User agrees to pay all amounts due on the User's account upon demand. If irishtimes.com does not receive prompt payment for all fees, charges and applicable taxes, the User will be in default and irishtimes.com reserves the right to suspend the User's account and access to the Paid Subscription Services without notice. Subject to any right of withdrawal under applicable law, fees, charges and applicable taxes are non-refundable. (ii) Premium Email: The User agrees to use the Premium Email service for personal, non-commercial use only. The User agrees that irishtimes.com may establish limits on the use of the Premium Email service, including but not limited to the number of days that emails will be retained by the service, the number of emails that may be sent from or received by an account, the maximum size of an email message that may be sent from or received by an account, the maximum storage space available to an account and the maximum number of times and duration the User can access the service in any given period of time. The User agrees that irishtimes.com has no responsibility or liability for the deletion of or failure to store any messages, communications or other content and acknowledges that irishtimes.com has the right to remove accounts that are inactive for an extended period of time. irishtimes.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In the event of termination of the User's account for any reason whatsoever there is no obligation on irishtimes.com to forward any unread or unsent messages to the User or a third party. (iii) News Service: The content of this service, which includes without limitation text and WAP updates, is provided for informational purposes only and irishtimes.com makes no warranty as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. In particular, but without limitation, irishtimes.com shall not be responsible or liable for any trading or investment decisions made based on such information. 27. Other Services: (i) News Digest: This free service (for which registration is required) is provided for informational services only and irishtimes.com makes no warranty as to the accuracy and reliability of any information obtained through this service or that defects in the service will be corrected. (ii) Breaking News Alerts: This free service (for which registration is required) is provided for informational services only and irishtimes.com makes no warranty as to the accuracy and reliability of any information obtained through this service or that defects in the service will be corrected. 28. Additional Terms and Conditions for the Commercial User: The Commercial User agrees to pay the Commercial User Services fees where applicable as determined by irishtimes.com from time to time. The Commercial User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content without expressly being authorised to do so by the relevant copyright owner. The Commercial User also agrees not to use an ireland.com email address in any way that may imply or otherwise suggest endorsement by or partnership with irishtimes.com or any associated brands or companies and further agrees not to use an ireland.com email address for the purposes of any business trade or profession which may or in any other way which may bring irishtimes.com or any associated brands or companies into disrepute.irishtimes.com accepts no responsibility for any interruption or loss of business arising as a direct or indirect result of the Site or Services. IRISHTIMES.COM SHOP TERMS AND CONDITIONS OF USE Welcome to the irishtimes.com Online Shop from The Irish Times Limited ("the Site"). These terms and conditions govern your use of this Site. Please read them carefully before ordering any goods or services from the Site. By ordering any goods and services from the Site you agree to the Terms and Conditions. 1. CHANGES TO THESE TERMS AND CONDITIONS: We reserve the right to change these terms and conditions at any time. Each transaction is governed by the terms and conditions in force at the time of the transation. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to such Terms and Conditions. 2. YOUR STATUS: To place an order through this site you must be at least 18 years old and you must be legally capable of entering into binding contracts. 3. ONLINE SHOP STATUS: The Irish Times Ltd offers for sale and accepts orders for Irish Times Pages and Irish Times photos. These products include framed and unframed Irish Times newspaper pages and various sized photos taken by Irish Times photographers ( Irish Times Products). When purchasing an Irish Times Product the contract will be between you and the Irish Times Limited. All other products and services ("Third Party Products") are offered for sale and supplied by third parties (" Third Party Suppliers"). We accept orders for the Third Party Products as agents on behalf of Third Party Suppliers. We are not a party to any transaction between you and the Third Party Supplier for the sale or supply of Third Party Products and, because of this, we do not make any warranty about Third Party Products or their delivery. Any claim you may have in respect of the sale or supply of any Third Party Products is with the relevant Third Party Supplier and not our responsibility. In this agreement we refer to Irish Times Products and Third Party Products collectively as "Products" and we refer to the Irish Times Limited and Third Party Suppliers collectively as "Suppliers". 4. AVAILABILITY OF ORDERS: Orders for Third Party Products can only be made by persons resident in Ireland. Orders for Irish Times Products may be made by persons resident worldwide. The site is available only for personal, non-commercial use. Any orders placed through this Site are considered subject to there being stock available and all dimensions are approximate. We reserve the right to decline to supply any individual or company. We have made every effort to ensure that all colours are accurately reproduced on the Site but cannot guarantee that they are totally accurate for all goods and services. 5. YOUR CONTRACT WITH THE SUPPLIER The contract for the sale or supply of Third Party Products is between you and the Third Party Supplier and is subject to the terms of the Third Party Supplier. These will be notified to you directly by the Third Party Supplier. Where you are purchasing Irish Times Products the contract is between you and the Irish Times Limited and subject to the these terms and conditions. There will be no contract between you and the Third Party Supplier until you receive a confirmation message on screen detailing your order details and / or order reference number for your order. There will be no contract between you and the Irish Times Limited until you receive a confirmation email detailing your order details and/or order reference number of your order. 6. PRICES: The prices for Third Party Products and Irish Times Products are inclusive of Value Added Tax (VAT). Delivery of Third Party Products will be charged separately to the sale price displayed on this site unless otherwise stated. Delivery charges for Irish Times Products will be charged seperately to the displayed sale price and will vary depending on the size and delivery method of the products ordered. The delivery charge for the product will be displayed on screen before you confirm your order. 7. PAYMENT Payment can be made online with the following payment methods accepted: Visa, Mastercard and Laser. 8. FULFILMENT & DELIVERY: The Third Party Supplier will fulfil your order directly to you by any fulfilment date set out in the confirmation of your order. Irish Times Products will be despatched for delivery within 5 working days of reciept of your order and your order will be fulfilled by any fulfilment date set out in the email confirming your order.Delivery dates will depend on the product ordered and the delivery type choosen. If you order more than one Product, you should be aware that Products might be delivered separately. 9. CANCELLATION, RETURNS AND REFUND POLICIES: You will have the right to cancel the order with the Supplier for up to 7 working days after the delivery of the Products, unless the Products are perishable or personalised for you; in such event you are not entitled to cancel this order. Details of how to cancel your order will be sent with your order confirmation. In the event the Product has been dispatched at the date of receipt of your cancellation of the order you must return the Product to the relevant Supplier and the Supplier will credit your credit or debit card with the price of the relevant Product within 30 days beginning with the day on which notice of the cancellation was given to the Site. All returned audio or video or computer software must be sealed in their original wrapping. If you do not return the relevant Product within 30 days of notice of cancellation, you will be deemed to have accepted it, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site. This does not affect your statutory rights. If you are returning a Product because of an error on the part of the Supplier or because it is faulty, you must contact us in advance and the Supplier will refund the costs incurred by you in returning the product. Otherwise you will be responsible for those charges. For your protection, we recommend that you use a recorded delivery service when returning Products or otherwise obtain an Post proof of posting or insurance cover to the value of the unwanted Products. As stated above, you will be responsible for the costs of returning any Products unless they have been delivered to you in error or the Products are faulty. 10. CONTENT OF PRODUCTS OR SERVICES Any opinions, advice, statements, services, offers or other information that constitutes part of the content of products or services made available for distribution on this Site are those of the respective authors or producers and not of the Site, the Irish Times Limited or its shareholders, directors, officers, or employees. 11. OUR LIABLITY AND DISCLAIMER: To the extent permitted by law, we provide the Site without any warranties or guarantees. In particular, we do not warrant that the Site or any of its contents are virus free. You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties. Although we do our best to provide constant, uninterrupted access to the Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. The Site provides content from other sources and while we try to ensure that material included on the Site is correct and the Third Party Products offered are of good quality, we cannot accept responsibility if this is not the case and, as stated above, we disclaim all liability in respect of Third Party Products. This disclaimer does not affect your statutory rights against the Third Party Supplier. To the full extent allowed by law, you agree that neither the Third Party Supplier nor the Irish Times Limited will be liable to you for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or related to the Site. If we are found to be liable to you our liability shall not exceed the purchase price of the Product. Nothing in these terms and conditions shall exclude The Irish Times Limited's liability or the Third Party Supplier's liability for personal injury or death caused by negligence. 12. DATA PROTECTION: All information received by us from your use of this Site will be used in accordance with The Irish Times Limited's privacy policy. We respect the value of personal information provided by you and will only otherwise transfer this information to the Supplier or the software host for the Site in order to facilitate your purchase. 13. USE OF MATERIAL ON THE WEBSITE: For the purposes of this agreement, "material" includes, without limitation, text, video, graphics and sound material, published on the Site. You may download and print extracts from the material and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Site. You must not reproduce any part of the Site or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so. 14. THIRD PARTY ADVERTISING ON THE WEBSITE: You may see advertising material submitted by third parties on the Site. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy. 15.GOVERNING LAW: Contracts for the purchase of goods and services through this Site will be governed by Irish law. Any disputes relating to such contract shall be subject to the exclusive jurisdiction of the Irish Courts. 16. CONTACT US: If you have any questions or queries please contact us providing your name, address and telephone number and details of the product you ordered adressing your correspondence to irishtimes.com shop, The Irish Times, 24-28 Tara Street, Dublin 2. Copyright 2010 irishtimes.com. All Rights Reserved.
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