This legal notice is issued by theBookmark.ie(Company). This notice applies to the entire contents of the website under the domain name www.thebookmark.ie (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website regardless of whether or not you choose to register with us. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
By accessing any part of the Website, you accept this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately. The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice which is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
You are granted a non-exclusive, non-transferable, limited right to access and use the Website and the material displayed thereon. No right, title, or interest in any such materials is granted or transferred to you save as provided herein. All materials incorporated in or accessible through the Website are protected by Irish and international copyright laws. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with this clause for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website. Any rights not expressly granted in these terms are reserved.
Such materials may be used only for viewing the Website in the ordinary course or as a resource for purchasing the services offered through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
3. Service Access
While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reason.
4. Visitor Material and Conduct
Other than personally identifiable information, which is covered under our Privacy Statement, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from the Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the Website to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
- to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, time bombs, cancelbots, harmful components, corrupted data or other malicious or deleterious software or harmful data) or could jeopardise or prejudice the operation, quality or integrity of the Website or any telecommunications network.
You may not misuse the Website (including, without limitation, by hacking).
The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of this clause.
5. Links To and From Other Websites
Any links to third party websites on the Website are provided solely for your convenience. If you use those links, you leave the Website. The Company has not reviewed those third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website) and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
Nothing in this legal notice shall exclude or limit the Company's liability for:
- death or personal injury caused by negligence of the Company;
- fraud on the part of the Company;
- misrepresentation by the Company as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing Law and Jurisdiction
This legal notice shall be governed by and construed in accordance with Irish law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Irish courts.
10. Goods returned
These provisions apply in the event that you return any Goods to us for any reason except as a result of your cancellation under the Regulations: We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them. Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets. The Goods must be returned to us as soon as any defect is discovered but not later than 14 days. So far as possible, Goods should be returned: with both Goods and all packaging as far as possible in their original condition; securely wrapped; including our delivery slip; at your risk and cost. Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose. Most of the Goods are covered by the manufacturer's guarantee for a minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer's operating instructions. If delivery was made to Irish address, you are also protected by the Supply of Goods and Services Act 1980. If we agree that the Goods are faulty, we will: refund the cost of return carriage; repair or replace the Goods as we choose. These regulations provide that suppliers of equipment like high street shops and Internet retailers must allow Consumers to return their waste equipment free of charge. Our obligation is to take back from you any electronic or electrical product when you buy a replacement product for similar use. If you wish to take advantage of this service, you must return your waste item within 15 days of buying your new one. You must pay the carriage cost to us.
Refunds will be made via the method of payment you used to make your online purchase. Refunds will normally be processed within seven (7) days of receipt of the returned goods (as set out herein) or cancellation of the order.
Last updated 2 July 2020