COMMISSARY

 Welcome to the Terms & Conditions (these “Terms”) for [www.commissary.ie] (the “Website”) operated by Damien O’Mahony (“I”, “me”).

Please read these Terms carefully before you start to use the Website. By using the Website, you indicated that you accept these Terms, the Privacy Statement and the Cookies Policy and that you agree to abide by them. If you do not agree to these Terms, please do not use the Website.

1. These Terms

1.1 In order to become a Customer (“Customer” or “you”) of the Website and to enjoy the service provided and features available on the Website (“Basketcase.ie Services”), you must read and accept all these Terms and the Privacy Statement. By browsing, accessing or using the Website or by using any facilities or services made available through it [or by transacting through or on it], you are agreeing to these Terms. [I may require that you agree to additional terms and conditions as part of any registration process and/or for particular service/product offerings, which I may make available to you from time to time.] Nothing in these Terms shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by these Terms, you may not use my services.

1.2 I may modify these Terms from time to time without notice to reflect changes in market conditions affecting my business, changes in my business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in my system. Such modification shall be effective upon posting by me on the Website. You agree to be bound by changes to these Terms when you use my services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.

2. Use of My Services

2.1 Your use of all my services is governed by these Terms. I may at my absolute discretion refuse you access to services and/or cancel/terminate your registration or use without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your use/registration.

2.2 You must be 18 years of age or over to use the Website and/or services.

2.3 Use of the Website or services requires a connection to the Internet and appropriate telecommunication infrastructure. I am not liable for any costs you may incur from use of such.

2.4 You will need to register for my services or to some of the sections of the website by creating an account or making payment to me. This is so that I can provide you with easy access to content or my services. You can register directly with me. If you choose to make a purchase or set up an account with me, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register to become a Customer, you need to submit your name, a valid email address, postal address.

3. Customer Responsibility

3.1 You warrant that all information you provide on any registration and contained as part of any account on this Website is true, complete and accurate and that you will promptly inform me of any changes to such information by updating the details with me.

3.2 It is your responsibility to ensure that any products, services or information available through the Website or me meet your specific requirements.

3.3 You agree to act in a responsible and legal manner when using my Services. You shall comply with all applicable laws, regulations and rules and undertake not to use my Services for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the Website or in a manner which is likely to cause harm, offense or nuisance to any other Internet user.

3.4 You agree not to use the Website to:

3.4.1 post content that is patently offensive and promotes racism, bigotry, hatred or harm of any kind against any group or individual;

3.4.2 post content that contains violence, or offensive subject matter;

3.4.3 post or promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

3.4.4 post content or initiate communications which are unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;

3.4.5 post content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;

3.4.6 create a false identity on the Website, impersonate any person or entity or falsely state or otherwise misrepresent yourself, your name, your age or your affiliation with any person or entity;

3.4.7 use the Website for any illegal purpose, criminal or tortious activity, including but not limited to, fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;

3.4.8 upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or which infringes any intellectual property rights;

3.4.9 upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;

3.4.10 upload, post, email, transmit or otherwise make available any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code, files or programs designed to interrupt, destroy, limit or adversely affect the functionality of any computer software or hardware or telecommunications equipment;

3.4.11 attempt to gain unauthorised access to the Website, in particular the non-public areas, the server on which the Website is stored, or any server, computer or database connected to the Website;

3.4.12 attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

3.4.13 interfere with or disrupt my Services or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;

3.4.14 display on the Website or use in connection with the Website any pirated software or any copyrighted materials or counterfeit materials without the permission of the copyright holder;

3.4.15 display on the Website or use in connection with the Website any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render me liable to the payment of damages to any third party.

3.5 I reserve the right to investigate and take appropriate legal action against anyone who, in my opinion, violates this provision, including, without limitation, reporting you to appropriate law enforcement authorities.

3.6 I reserve the right to remove or suspend any material posted which is, in my sole opinion, in breach of this section, or which I suspect to be in breach of this section at my absolute discretion. I shall be entitled to terminate your registration or use for breach of this section.

4. Content

4.1 Other than personally identifiable information, which is covered under my Privacy Statement, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary.

4.2 You understand that by posting any materials and information on the Website or otherwise providing any materials to me via any media, you are granting me an irrevocable non-exclusive license to use such materials and information for any purpose in the course of offering my Services.

4.3 You represent and warrant that: (i) you own any materials and information you post on or through the site or otherwise have the right to grant the license set forth in this section 4, and (ii) the posting of any materials and information on or through the site does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you to or through my Services.

4.4 You are permitted to print and download limited extracts from the Website for your own personal use provided that:

4.4.1 no documents or related graphics on the Website are modified in any way;

4.4.2 no graphics on the Website are used separately from corresponding text; and

4.5 Basketcase.ie’s copyright and trademark notices and this permission notice appear in all copies. My status (and that of any identifying contributors) as the authors of any material on the Website must always be acknowledged.

4.6 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].

4.7 You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from me or my licensors.

4.8 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at my option, return or destroy any copies of the materials you have made.

5. Intellectual Property

5.1 The Website contains intellectual property, which is the proprietary property of Spencer or its licensors. This includes, but is not limited to, copyrights, trademarks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes.

5.2 Subject to these Terms, I grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and the material displayed thereon. However, no right, title or interest in any such materials.

5.3 All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are owned, controlled or licensed by Basketcase.ie, or by the original creators of such materials or their or my permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the Basketcase.ie Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, 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.

5.4 In respect of any content or material that you submit or post on the Website you agree to comply with sections 4.2 and 4.3 of these Terms.

6. Suspension and Termination

6.1 I will determine, in my discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of these terms has occurred, I may take such action as I deem to be appropriate.

6.2 You agree that I may, with or without cause and/or prior notice, immediately terminate your account and/or your access to any Services, or take any or all of the following actions:

6.2.1 immediate, temporary or permanent withdrawal of your right to use the Website;

6.2.2 refusal to post or publish any material provided by you on the Website;

6.2.3 immediate, temporary or permanent removal of any contribution, posting or material uploaded by you to the Website;

6.2.4 issue a warning to you;

6.2.5 legal proceedings against you for reimbursement of all costs on an indemnity basis in accordance with section 7 (including but not limited to, reasonable administrative and legal costs resulting from the breach);

6.2.6 further legal action against you; and/or

6.2.7 disclosure of such information to law enforcement authorities as I reasonably feel is necessary.

6.3 Without limiting the foregoing, the following will lead to a termination by me of your use of the Services: (a) breaches or violations of these Terms or other agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) an express request by you, (d) suspicion of fraud or (e) unexpected technical issues or problems.

6.4 Termination of your access includes removal of access to all offerings within my Services and may also exclude you from further use of my Services. Furthermore, you agree that all terminations shall be made at my sole discretion and that I shall not be liable to you nor any third party for any termination of your account or access to my Services.

6.5 I exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and I may take any other action I reasonably deem appropriate.

7. Indemnification

7.1 By accepting these Terms, you agree to indemnify, keep me indemnified and otherwise hold harmless Basketcase.ie, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions, howsoever incurred by me arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from: (i) your use of my Services; (ii) unauthorized access to the my  Services or (iii) any breach of these Terms by you or any other matter relating to my Services.

7.2 In the event that any of your contributions to the Website infringe any rights of any third party, you shall, at your own expense and at my discretion, either obtain the right to use such contribution or render such contribution free from infringement

8. Disclaimers and Limitations of Liability – IMPORTANT – YOUR ATTENTION IS DRAWN TO THIS SECTION

8.1 Unless otherwise agreed by us in writing, the material and content displayed on the Website is provided “as is” without any guarantees, conditions or warrantees as to its accuracy or other terms of any kind. To the extent permitted by law, me, my offers and directors and third parties connected to us hereby exclude:

8.1.1 all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:

(a) that the Website and my Services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;

(b) that the Website will meet your requirements, is error-free, without interruption or available at all times

(c) that the results obtained from using the Website, including any services or deals, will be effective reliable accurate or meet your requirements;

(d) warranties as to privacy and security other than as stated in my Privacy Statement;

(e) that you will be able to access or use the Website or my Services at times or locations of your choosing; and

8.1.2 any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Website or in connection with the use, or results of the use of the Website, any websites linked to them and any materials posted on them, including without limitation any liability for:

(a) loss of income or revenue

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings, the use of money or opportunity;

(e) loss of data;

(f) loss of goodwill or reputation;

(g) wasted management, office time or personnel time;

(h) work stoppage, computer failure or malfunction, or

(i) any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.2 Nothing in this section 8 affects my liability for death or personal injury arising from my negligence, nor my liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

8.3 I disclaim all liability and responsibility arising from any reliance placed on commentary or materials by any user of this Website, or by anyone who may be informed of any of its contents.

8.4 While I endeavour to ensure that the Website is normally available 24 hours a day, I am not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of my Services or combination thereof, including any injury or damage to your or to any person’s computer related to or resulting from participation in connection with my Services. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond my control.

8.5 I will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, I do not guarantee that my Services or the Website will be free of faults and I do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: info@basketcase.ie

8.6 I reserve the right at any time to modify or discontinue, temporarily or permanently, the Website with or without notice. You agree that I shall not be liable to you or any third party for any modification, suspension or discontinuation of my Services.

9. Governing Law

The Irish courts will have exclusive jurisdiction over any claim arising in respect of, or related to, the Website although I retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms will be governed by and construed in accordance with the laws of Ireland.

10. Links

This Website may contain links to other websites. If you use these links, you leave the Website. I am not responsible for the content, intellectual property rights, accuracy or opinions expressed on such websites. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by me. When you access these third-party sites, you do so at your own risk.

11. Linking to the Website

11.1 You may link to the Website homepage provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in anyway so as to suggest any form of association, approval or endorsement on my part where none exists.

11.2 You may not mirror, screen scrape or otherwise reproduce all or any part of the website on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on my part.

11.3 If you wish to make use of material on the Website other than set out above, please address your request to info@basketcase.ie.

12. General Terms

12.1 These Terms, which incorporate my Privacy Statement, as well as my Cookies Policy, and any notices raised by us on my Website from time to time constitute the entire agreement between you and me regarding the use of this Website and my Services.

12.2 The failure of Basketcase.ie to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

12.3 I 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 I have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.

12.4 These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms are personal to Basketcase.ie and you.

12.5 You may not assign, novate, sub-contract or otherwise transfer its part or all of these Terms, without the prior written consent of me.

12.6 Nothing in these Terms shall create or be deemed to create a partnership, joint venture agency or employment relationship of any kind between you and me.

12.7 I shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.

12.8 Unless otherwise stated in these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to me at info@commissary.ie

13. Contacting Commissary

Please contact me at info@commissary.ie with any questions regarding these terms.