Terms and Conditions of Use
This website (the Website) is controlled and operated by the Irish Takeover Panel (the Panel).
Please read the following terms and conditions (the Terms and Conditions) carefully as they set out the basis upon which the Panel will grant you access to the Website and permit you to avail of the information contained on the Website.
By using this Website you are agreeing to be bound by these Terms and Conditions. If you do not agree to abide by these Terms and Conditions you should not use this Website.
1. Description of the Website
1.1 The Website sets out information relating to the general functions and activities of the Panel together with any rules issued under the Irish Takeover Panel Act, 1997 as amended, extended or replaced from time to time (the Rules).
2. Copyright reproduction notice and limited licence
2.1 The information (including the Rules), content and/or any graphics, texts, sounds, images, buttons, trademarks, trade names and logos (the Materials) contained in the Website are protected by copyright and other intellectual property laws, international laws and international treaties. Except as provided in Clauses 2.2 below, nothing in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise, any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary right of the Panel, or any third party.
2.2 Subject to compliance at all times with these Terms and Conditions, you are granted a limited non-exclusive, non-transferable licence, solely to the extent reasonably required for your own personal and non-commercial use:
(a) to refer to, bookmark or point to any page within the Website; and/or
(b) to read, display, view, download the Materials to single personal computer and/or to print a single hard copy of the Materials
provided however that all copyright, trade mark and other proprietary notices are left intact.
2.3 No hypertext linking from any third party website to this Website shall be permitted without the express written consent of the Panel. 2.4 Any other use of the Materials, including any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilisation, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of the Panel is strictly prohibited and is in violation of its intellectual property and proprietary rights.
2.5 In the event of any conflict between the terms of this Clause 2 and any equivalent provision contained in the Rules, Clause 2 shall prevail but solely to the extent required for the use of the Website in accordance with these Terms and Conditions.
3. Exclusion of Warranties
3.1 The Panel will use its reasonable endeavours to ensure that the Website is fully operational at all times. However, due to the nature of the Internet generally, the Panel cannot guarantee that the Website will be free from delays, interruptions or errors and the Panel accepts no responsibility for the non-availability, non-delivery or late delivery of the Website.
3.2 Whilst all reasonable efforts are made to ensure that any information, including the Rules, supplied by the Panel is correct, the Panel makes no representations or warranties, express or implied, in relation to the timeliness, accuracy or completeness of said information. Any content or information received on or via the Website should not be relied on for important personal, financial or business decisions, and you should consult an appropriate professional for advice which is specifically tailored to your particular circumstances.
3.3 The Panel makes no representations, warranties or undertakings that the Website, or the server that makes it available, will be compatible with your equipment or free from defects, including but not limited to viruses or other harmful elements. The Panel accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of the Panel, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of the Website or your equipment.
3.4 The Panel is not an agent for and does not vouch for those persons, companies and other organisations whose websites, goods or services, or information relating to those goods or services (Third Party Services) may be accessed, displayed or advertised through use of the Website, nor for the availability, merchantability, quality, fitness or prices of such Third Party Services.
3.5 Except as expressly set out in these Terms and Conditions, all representations, warranties, terms and conditions, whether express or implied, in relation to the Website (including the information contained therein) and/or any Third Party Service are hereby excluded to the greatest extent permitted by law.
4. Limitation of liability
4.1 Due to the fact that the Panel cannot guarantee that the Website will be fault free, makes no warranty in respect of the timeliness, accuracy, suitability, quality or completeness of information appearing on the Website, the Panel does not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss (including loss of profits)) arising as a result of your use of the Website or the information contained herein (including any errors, inaccuracies or omissions in such information) or any faults, interruptions or delays in connection with the Website or any transaction made in connection with the Website or in reliance on information appearing on the Website.
4.2 All liability in respect of Third Party Services (including but not limited to liability arising out of the merchantability, quality or fitness of the materials provided pursuant to any Third Party Service or any allegation that the content of or information provided in connection with any Third Party Service infringes any law or the rights of any person or entity) is hereby excluded. No judgement or warranty is made with respect to the accuracy, timeliness, quality, completeness or suitability of any Third Party Service, and any and all liability which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any Third Party Service is excluded.
4.3 The Panel shall have no liability for any total or partial failure by it to comply with these Terms and Conditions where such failure results from an Act of God, fire, act of government or state, war or military operations, civil commotion, insurrection, embargo, natural or local emergency, labour disputes, technical failure, including failure of any computer system or telecommunications service, prevention from or hindrance in obtaining any energy, the act or omission of the providers of fixed line or mobile phone or internet services of any other network or any other event or occurrence beyond the reasonable control of the Panel.
5.1 You agree to indemnify and keep indemnified the Panel in respect of all loss or damage suffered by it in connection with your use of the Website and in respect of all claims or legal proceedings brought or threatened against it by any third party which arise in connection with your use of the Website.
6. Suspension and Termination of the Service
6.1 Your access to the Website may occasionally be interrupted or restricted to allow for repairs or maintenance to be carried out or the introduction of new facilities or services. The Panel will endeavour to restore access to Website as soon as possible. The Panel reserves the right at any time, with or with out notice, to change the content, presentation, performance, user facilities and availability of any part of the Website.
6.2 The Service Provider may restrict, suspend or terminate your use of the Website at any time if it believes that you have breached these Terms and Conditions. The suspension or termination of your use of the Website will be without prejudice to any rights which the Panel may have against you in respect of your breach of these Terms and Conditions.
7.1 The Panel may revise these Terms and Conditions at any time and for any reason. Any such revised terms shall be posted on the Website and where such revisions are material they shall be notified to you by means of a notice on the Website indicating the date of such revision. By using this Website after such revisions are made you are agreeing to be bound by the revised Terms and Conditions. If you do not agree to such revised Terms and Conditions you should not use this Website.
8. Data Protection and Privacy
8.1 The Panel respects your right to privacy. Users should be aware that each time they visit the Website information about their visit can be retained. This comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the Website (Non-Personal Data). It enables the Panel to manage the capacity and efficiency of the Website by monitoring traffic on it including the number of people who access the Website. Non-Personal Data also helps the Panel to understand which parts of the Website are most popular and generally to assess user behaviour together with interest in and use of various areas of the Website with a view to providing improved content. Non-Personal Data is collected through the standard operation of our internet servers and logs and will remain completely anonymous at all times.
8.2 Throughout this Website you may, from time to time, be invited to contact the Panel by fax or phone if you wish to avail of certain additional services offered by it (the Additional Services). In order to provide you with the Additional Services, the Panel may require personal details from you (such as your name and address) which would be classed as personal data (Personal Data) under the Data Protection Acts, 1988 and 2003 (DPA). The Panel agrees to use your Personal Data only for such purposes as may reasonably be required in the context of providing the Additional Services. The Panel further agrees not to disclose your Personal Data to any third party or to use it for marketing purposes. You have the right under the DPA, on payment of the appropriate fee, to access your Personal Data and to have any incorrect or misleading Personal Data relating to you amended or erased.
9.1 Delay or failure by the Panel in enforcing these Terms and Conditions shall not constitute a waiver by the Panel of its rights and remedies.
9.2 If any part of these Terms and Conditions is held to be invalid or unenforceable, the validity or enforceability of the remainder shall not be affected.
9.3 These Terms and Conditions constitute the entire understanding and agreement between the user and the Panel relating to the use of the Website and supersede any and all prior statements, understandings or agreements whether oral or written and shall only be modified in accordance with Clause 7.1 hereof.
10. Governing Law
10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland. You agree to submit to the exclusive jurisdiction of the Courts of Ireland in relation to any claim or proceedings arising under these Terms and Conditions.