Terms & Conditions for the Service User (SU)
1. Use of the site
You may use the Website provided that you agree to these Terms. If you do not agree to these Terms, you must not use the Website. If you use the Website, you will be deemed to have accepted these Terms. We reserve the right to change these Terms by posting any changes on the website. The new terms will be effective immediately after they are posted. It is understood by BM that the SU will use this service at the SU's discretion to search and identify opportunities. Following the identification of relevant opportunities by the SU, the SU fully recognizes that BM has no commercial involvement with agreements reached between any third parties opportunity that the SU discovered on BM the display information, and it is hereby identified that BM is an introductory platform from an SU perspective. BM reserves the right to terminate the SU usage of the Website at its sole discretion if the SU is in breach of these terms and conditions. If terminated, the SU will receive an email stating such within 7 days of cancellation.
2. Use of Material
We recognise that when you obtain access to the Website, your computer downloads a copy of the material on the Website. By obtaining access to the Website, you agree that you will use the material for your personal use only. You agree not to use the material for any commercial purpose. The material on Website cannot be used for any commercial purposes that are in direct or indirect competition with Brand Match Limited.
3. Intellectual property
The Website and all of the related pages, including but not limited to content, software, code, graphics or other material contained either in the SA advertisements or electronically distributed on the Website is owned by us or the SA or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted materials, trademarks or any other intellectual property without the expressed written consent of the owner is strictly prohibited.
We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on the Website or to any website to which it is linked. Further, we do not warrant that the Website will be free of error or that the website and the server are free of computer viruses or other harmful applications.
5. Links to third party sites
We may, from time to time, let you leave the Website to linked sites. The linked sites are not under our control and we explicitly state that we are not responsible for the contents of any linked site. The links are provided for your convenience and any such link does not imply endorsement by us of the site or of any association with the operators of the site.
6. Who we are
The Website is owned and controlled by Band Match Limited. Our full postal address is: 14 Lower Pembroke Street, Dublin 2, Ireland. Our telephone number is: 00353 1634 4810. Our email address is: firstname.lastname@example.org. Brand Match Limited is registered in Ireland under company registration number 527132 and its registered office address is 8 Leinster Road West, Rathmines, Dublin 6, Ireland.
7. Limitation of liability
We shall not be liable to you, except in respect of injury or death of any person (for which no limit applies within the jurisdiction of the Republic of Ireland) regardless of the form of action, in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever, for any loss of profit, business, contracts, or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of the Website provided that this clause shall not limit our liability for death or personal injury of any person resulting from our negligence. If you enter the Website, you agree that this clause relating to limitation of liability is reasonable and it reflects the nature of a website. In particular, the nature of the Website is merely an introduction to our company and the services we offer, and as a result, the Website merely acts to provide basic information that acts to inform on a superficial level.
If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms.
These Terms shall be governed and construed in accordance with Irish law and be subject to the exclusive jurisdiction of the Irish courts.
Terms & Conditions – Service Advertiser (SA)
Save as herein provided, these Conditions shall apply to the Contract to the exclusion of all other terms and conditions including any terms and/or conditions which the SA may purport to apply under any confirmation of order or similar document. No variation or addition to these Conditions (including any special terms and conditions agreed between the Parties) shall be effective unless agreed in writing by BM and the SA.
Formation of Use
The information provided on the Website is an invitation to the SA to decide whether the SA wishes to enquire about or order the Services from BM and does not constitute an offer to the SA. By accepting the SA's registration BM is offering the Services to the SA subject to these Conditions. By receipt of an Acceptance Email the SA shall be deemed to have intent to enter into a contract with BM. If the SA does enter into a contract with BM within 24 hours of receipt of an Acceptance Email, BM may terminate the registration without notification to the SA. The Contract is between BM and the SA.
Supply of Services
In consideration of the payment of the Fee in accordance with these Conditions, BM shall supply the Services to the SA during the Contract Period in accordance with the terms of the Contract. BM shall be entitled during the Contract Period to edit and display the Contents on the Website and to use the Contents for the purposes of publicising the Website and/or the business of BM. BM shall use its reasonable endeavours to maintain the Services throughout the Contract Period. BM may change, suspend or cancel the Services at its sole discretion at any time during the Contract Period. Subject to the warranties and indemnities listed below, the SA shall not be entitled to any compensation because of the failure, suspension or withdrawal by BM of all or part of the Services
The SA shall pay to BM the appropriate fee as indicated on pricing table for the same from BM unless otherwise agreed in writing between BM and the SA. BM reserves the right to suspend or close the use of the Services by the SA in the event of non-payment of the Fee and/or any applicable taxes without prior written notice to the SA. In the event of non-payment of the Fee and/or any applicable taxes the SA shall be responsible for all costs incurred by BM as a result of such non-payment including without limitation any legal fees incurred by BM. Should payment not have been received within 60 days, we reserve the right to send a collection agency, which will incur additional fees. The SA shall be responsible for all the costs incurred in this process.
Further Obligations of the SA- The SA shall:
not assign, or sub licence or otherwise transfer or dispose of their rights or obligations hereunder, without prior written permission from BM; be fully responsible for the Contents including their truthfulness and accuracy and non-infringement of any other person's. legal or proprietary rights; not use nor allow the Services to be used for storing, sending or receiving any material which is obscene, menacing, threatening, offensive, abusive, indecent, defamatory, fraudulent, criminal or which infringes the rights of other parties; be fully responsible for retaining copies of their own data; indemnify BM from and against any and all liabilities, expenses (including any legal fees) and damages arising out of claims based on any part(s) of the Contents which are published by BM; keep their password(s) and identity name relating to the Website secure and shall not disclose them to third parties for any purposes; change any password(s) relating to the Website which they believe may have become compromised and immediately notify BM of the same; ensure that all of the SA's employees and/or representatives who use the Website on behalf of the SA are made aware of and comply with these Conditions; not copy, duplicate, translate into any language or in any way reproduce the Website or any part thereof or any of its contents or knowingly permit the same without written permission of BM and the respective copyright owner; indemnify BM and its servants and agents and hold BM and its servants and agents harmless against all claims, liability, losses, damages and expenses, including, without limitation, legal fees and costs arising out of or incurred as the result of any claims made, or litigation brought, against BM and/or its servants and agents, as a result of the use by the SA of the Website or part thereof for whatever purpose; be solely responsible for fulfilling any contract for the sale of Opportunity Space which is advertised on the Website pursuant to the Contract; within 5 days of concluding a sale of Opportunity Space notify BM of such sale.
Warranties and Indemnities
BM warrants that it shall use all reasonable care and skill in carrying out its obligations under the Contract. All other conditions, warranties and obligations implied by statute, common law or otherwise and any liabilities arising therefrom are excluded to the fullest extent permissible by law. The SA warrants that they own the copyright in any materials submitted to BM for publication on the Website (including without limitation the Contents), or are licensed to use and sub- license any such materials, and the SA hereby grants a sub-licence to BM to use such materials on the Website and/or in BM's advertising materials. The SA shall be solely responsible for and shall indemnify BM against all liabilities suffered or incurred by BM as a result of any breach or default on the part of the SA in the discharge of its obligations under the Contract. The SA shall indemnify BM against any losses, liabilities or expenses it may incur by reason of its being held out as the SA's agent.
Limitations on Liability
BM accepts no liability for the completeness or accuracy of any Contents supplied to BM by the SA for placing on the Website which are subsequently published on the Website. BM shall not be responsible for any loss of data in any form which may result from the use of the Services. BM shall be liable to the SA only to the extent of the Fee if it fails to deliver performance of the Services or for any other breach of the Contract if it fails to remedy any such failure/breach within 30 days of written notice from the SA of the same. BM shall not be liable for any loss of the SA, including, but without limitation, loss of business, profits or revenue, arising out of the use of, the changed format, layout or design of, the technical malfunction of, or the inability to access the Website provided that this clause shall not limit BM's liability for death or personal injury of any person resulting from BM's negligence.
All the contents of and images on the Website are the property of BM save in respect of materials submitted by the SA which shall be deemed to be licensed to BM for use on the Website and/or in BM's advertising materials. No part of the Website may be reproduced in any form or by any means without prior written permission from BM. The "Brand Match" name and logo and all related product and services, names, design marks and slogans are the trade names, service marks, or trademarks of BM and may not be used without the prior written consent of BM. Nothing in the Contract is intended to or shall create any form of partnership or joint venture, agency, franchise, sales representation or employment relationship between BM and the SA. No rights to, or property in, the Website shall pass to the SA by virtue of the Contract.
Either Party shall be entitled to terminate the Contract on 1 months notice to the other Party if the other Party commits any breach of these Conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by notice to do so. If the SA is declared, or becomes, insolvent, or BM reasonably concludes that the SA is insolvent, then in each and every such case the Contract shall without notice terminate and no payment subsequently accepted by BM without knowledge of such termination shall in any way prejudice or affect the operation of this clause. The Seller shall upon any such termination pay to BM any portion of the Fee and other sums then due under the Contract, and/or compensation for the loss suffered by BM as a result of such termination, such loss being determined by BM having regard to all relevant circumstances. BM shall be entitled to terminate the Contract for any reason on 28 days notice to the SA. The termination of the Contract shall not affect any rights of BM or liabilities of the SA subsisting at the date of termination.
BM shall not have any liability or be deemed to be in breach of the Contract for any delay or failure in the performance of its obligations under the Contract which results from circumstances beyond the reasonable control of BM.
Change of Conditions
BM may at any time make changes to these Conditions provided that BM shall notify the SA of any such changes both via the Website and via email to the SA at the address provided in the SA's registration form or such other address as the SA shall notify to BM from time to time at least 14 days before such changes are implemented by BM.
Any notice required or permitted to be given by either Party to the other under these Conditions shall be in writing addressed to the other Party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the Party giving the notice. No waiver by BM of any breach of the Contract by the SA shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected. The Contract and these Conditions shall be governed by the laws of Ireland and the SA agrees to submit to the exclusive jurisdiction of the Irish Courts.