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Please read these Terms and Conditions carefully before using this web site as they contain important information about your rights and obligations. In particular, your attention is drawn to paragraphs 3 (Privacy) and 8 (Liability). By clicking on the "I ACCEPT" button of these Terms and Conditions you agree to be legally bound by these Terms and Conditions. Even if you do not click on the "I ACCEPT" button, by accessing or using this web site you agree to be so bound. If you do not wish to be bound by these Terms and Conditions then you may not use this web site. 1. Introduction 1.1 This web site is operated by Reachsoft Limited ("Reachsoft"), a company registered in the Republic of Ireland and having its place of business at Unit 2B Doughcloyne Industrial Estate, Sarsfield Road, Wilton, Cork. You may seek information about and order the Reachsoft Directory and Marketing Software on compact disk (the "Directory") on this web site. 2. Ordering and Purchase 2.2 Reachsoft is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ("Confirmation") to the email address you have given us. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days. 2.3 You undertake that all details you provide to us when ordering the Directory will be correct, that you have authority to use any credit card used for payment and that there are sufficient funds or credit facilities to cover the cost involved. We reserve the right to obtain validation of credit details before providing you with a copy of the Directory. 2.5 By accepting your order, Reachsoft is agreeing to grant you a licence to use the Directory subject to the Reachsoft Directory - Terms and Conditions of Use which will be brought to your attention before you install and use your copy of the Directory. Accordingly, references in these Terms and Conditions to purchasing and selling the Directory or a copy of the Directory shall be taken to mean purchasing and selling a compact disk containing a copy of the Directory and a licence to use the database(s) and software programs comprising the Directory, subject to the Reachsoft Directory - Terms and Conditions of Use. You may only use the Directory subject to and in accordance with the Reachsoft Directory - Terms and Conditions of Use. If, having paid for the Directory, you do not accept the Reachsoft Directory - Terms and Conditions of Use, you may return your copy of the Directory to Reachsoft for a full refund provided that you may not do so after you have requested a user authorisation code from Reachsoft. All refunds shall be made by crediting the relevant credit card account or by cheque where the original payment was by cheque. 2.6 If you have any complaints, you should direct them to us via e-mail at info@reachsoft.com or by post to Reachsoft, Unit 2B, Doughcloyne Industrial Estate, Sarsfield Road, Wilton, Cork. 3. Privacy 3.1 Reachsoft collects information relating to you and your business for all or any of the following purposes (the "Purposes"): (a) so that, unless you request us not to do so, we can provide you with information regarding the Directory and/or any other products and services that Reachsoft may provide from time to time; (b) so that we can process your orders when you make orders through this web site; and (c) so that, unless you request us not to do so, (i) details of your business can be included in the Directory (and any similar directory or database(s)) by Reachsoft's licensor (KMD Distributors (Ireland) Limited, a company incorporated in Ireland with its place of business at Unit 2B, Doughcloyne Industrial Estate, Sarsfield Road, Wilton, Cork ("KMD")) and made generally available in the Republic of Ireland and elsewhere and (ii) any such database or directory containing details of your business may be assigned or licensed by KMD to a third party or parties. 3.2 The type of information Reachsoft collects is clearly set out in the "Order Form" page of this web site. 3.3 The following applies to any information you provide to Reachsoft: (a) you authorise Reachsoft (and/or KMD in the case of the Purpose described in paragraph 3.1(c)) to use, store, process and disclose such information to the extent necessary to fulfil the Purposes; (b) you authorise Reachsoft to provide your credit card details to third parties in order to enable your payment or refund to be authorised and processed; (c) you must ensure that the information you provide is accurate and complete and that all company information provided when completing the order form is correct. 3.4 Other than as described above, Reachsoft will not release any of the information you provide to third parties. By accepting these Terms and Conditions, you agree to the processing and disclosure of the information for the Purposes. 4. Other Jurisdictions 4.1 Reachsoft makes no warranties or representations, express or implied, that making the Directory available in any particular jurisdiction outside the Republic of Ireland is permitted under any applicable local laws or regulations. Accordingly, if making the Directory available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Directory is not offered for sale to you. You accept that if you are resident outside the Republic of Ireland, you must satisfy yourself that you are lawfully able to purchase the Directory. Reachsoft accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Directory by persons in jurisdictions outside the Republic of Ireland or who are nominees of or trustees for citizens, residents or nationals of other countries. 5. Copyright The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Reachsoft or other third party licensors. All product and company names and logos mentioned in this web site are the trade marks, service marks or trading names of their respective owners, including Reachsoft.
Reachsoft makes no representations whatsoever about any other web sites which you may access through this web site or which may link to this web site. When you access any other web site you understand that it is independent from Reachsoft and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Reachsoft endorses or accepts any responsibility for the content, or use, of such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web site or resource. Any concerns regarding any external link should be directed to its web site administrator or web master. 7. Availability of the Web Site We will try to make this web site available but cannot guarantee that this web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of this web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, service, web site, router or any other internet connected device. 8. Liability 8.1 In relation to the purchase of the Directory, Reachsoft gives certain limited warranties to each purchaser of the Directory and these warranties (together with limitations on Reachsoft's liability) are set out in the Reachsoft Directory - Terms and Conditions of Use. However, Reachsoft excludes all express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to the viewing, use or performance of this web site or any information or service (including support) provided through this web site. Reachsoft will do its best to ensure that all material and information on this web site is accurate, but please note that all materials and information on this web site are provided on an "as is" basis and you assume total responsibility and risk for your use of this web site. 8.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this web site and is compatible with this web site. You also understand that Reachsoft cannot and do not guarantee or warrant that any material available for downloading from this web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (inducing anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. 8.3 The limitations and exclusions in this paragraph 8 only apply to the extent permitted by applicable law. 9. General 9.1 Reachsoft may assign, novate or subcontract any or all of its rights and obligations under these Terms and Conditions at any time. 9.2 Reachsoft may alter these Terms and Conditions from time to time and post the new version on this web site, following which all use of this web site will be governed by that version. You must check the Terms and Conditions on this web site regularly. 9.3 These Terms and Conditions together with any order form and any payment method instructions, if any, are the whole agreement between you and Reachsoft relating to the use of this web site. Use of the Directory is governed by the separate Reachsoft Directory - Terms and Conditions of Use. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Reachsoft or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms and Conditions or order form and payment method instructions. 9.4 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be severable from the other terms and conditions and shall be deemed to be deleted from them. 9.5 These Terms and Conditions and your use of this web site are governed by Irish law and you submit to the non-exclusive jurisdiction of the Irish courts. 9.6 Neither you nor Reachsoft will be held liable for any failure to perform any obligation to the other due to causes beyond your or Reachsoft's respective reasonable control. 9.7 Failure by either party to exercise any right or remedy under
this agreement does not constitute a waiver of that right or remedy. Head Office: Copyright © ReachSoft 2002 Design by www.dms-ireland.com |
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