Terms & Conditions
- ACCEPTANCE OF TERMS
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
- ACCESSING OUR SITE
2.1. Access to our site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of our site, or our entire site.
2.2. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
- PROHIBITED USES
3.1. You may use our site only for lawful purposes. You may not use our site:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3.2. You also agree:
· Not to use, or instruct a third party to use on your behalf, automated programs, systems or any other method of “screen scraping” or “web scraping” to extract data from this website.
· Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this policy.
· Not to access without authority, interfere with, damage or disrupt:
o any part of our site;
o any equipment or network on which our site is stored;
o any software used in the provision of our site; or
o any equipment or network or software owned or used by any third party.
- POSTING TO OUR SITE
4.1. We reserve the right to remove, or to disable access to, any Post which We deem to be potentially defamatory of any person or which We deem unlawful or in violation of any third party rights or which otherwise is damaging to the reputation of ariviththal
4.2. We expressly exclude our liability for any loss or damage arising from the use of any Board by any person in contravention of these Terms.
4.3. While We make every effort to moderate our Boards, We do not check every Post. We are under no obligation to you or any other person to oversee, monitor or moderate any Board and We may stop moderating at any time.
4.4. Where you are under 18 years of age please obtain the permission of your parent or guardian before making any Post or using any Board.
4.5. A Post must be accurate (where it states facts), genuinely held (where it states opinions), comply with the law applicable in Ireland and in any country from which it is posted and also be relevant.
4.6. Where you do not comply with the terms and conditions of this Section 4, or any of our Terms, We may immediately, temporarily or permanently withdraw your right to use the Board and any other sites associated with it or owned by ariviththal; immediately, temporarily or permanently remove any Post already posted on the Board; issue a warning to you or initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- INTELLECTUAL PROPERTY RIGHTS
5.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
5.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from ariviththal or our license.
5.6. If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- MEMBERS’ AREA
6.1. In order to receive some of the services (including, but not limited to the paid services) from ariviththal , you must register to become a member of our site.
6.2. All of the terms and conditions contained in these Terms are applicable to a user of the members’ area (“member”) and in addition, an individual may only become a member where he or she is over 18 years of age.
6.3. You will be required to enter a password to gain access to the members’ area. It is your responsibility to maintain the security of your password and you must not disclose it to any third party or allow any third party to access our site using your password. Where your password has been stolen or any individual has gained unauthorized access to your account with ariviththal, you must advise ariviththal immediately.
6.4. Registration is performed by entering the required data in a designated online form available on our site. Registration is completed by clicking on the “Register Now” button. Upon completion of the registration process, you will have created an account with ariviththal.
6.5. We are entitled to decline a registration at our sole discretion without stating any reasons. We may terminate or restrict access to any account at any time at our discretion.
7. OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, We may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and We are under no obligation to update such material.
8. OUR LIABILITY
8.1. The material displayed or provided through our site (including, without limitation, any email alerts) is provided without any guarantees, conditions or warranties as to its accuracy. We are under no obligation to update our site. To the extent permitted by law, We, other members of our group of companies and third parties connected to ariviththal hereby expressly exclude:
· All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
· Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of data;
· loss of goodwill;
· wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
8.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9. INDEMNITY
9.1. You agree and undertake to indemnify and keep ariviththal indemnified against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by ariviththal arising out of or in connection with any breach of these Terms by you or otherwise relating to any claim made against ariviththal arising out of or in connection with any Post by you on our site.
10. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. By using our site, you warrant that all data provided by you is accurate.
11. VIRUSES, HACKING AND OTHER OFFENCES
11.1. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
11.2. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
12. LINKING TO OUR SITE
12.1. You may link to any public page of our site (which for the avoidance of doubt excludes any pages or information that are within the members’ area, funeral directors’ area or paid services) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2. You must not establish a link from any website that is not owned by you or to which you do not have a right of access.
12.3. Our site must not be framed on any other site for commercial purposes. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in this policy.
12.4. If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]
13. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. VARIATIONS
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
14. YOUR CONCERNS
If you have any concerns about material which appears on our site please contact [email protected]
Thank you for visiting our site.