TERMS OF USE

www.tjomahony.ie is a website operated by HPC Sales Limited, incorporated and registered in Ireland.

 

This page tells you the terms of use (Terms) on which you may make use of our website, www.tjomahony.ie, (our Site) whether as a guest or a registered user. Please read these Terms carefully before you start to use or Site or our Service. By accessing our Site or by using our services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, do not use access our Site or use our services.

 

In the event that you purchase products through the Site our terms and conditions of sale (as made available to you in advance of completing your order) shall apply to such purchase.

 

Accessing Our Site

Access to our Site is permitted and we reserve the right to withdraw or amend access to our Site or our services 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 our Site, or our entire Site to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact us at [email protected] straight away to let us know.

 

Use of the Service

You may view and use the Site and provided information only for your personal information and for ordering on the Site.  Use of the Site does not grant to you any right to use, copy, transfer, display, publish, sell, license, create derivative works or distribute by any means, method or process any Site provided information. Your right to use the Site is personal to you. You are responsible for all use of the Site. You agree to use the Site only for lawful purposes and you acknowledge that failure may be subject to liability.

 

You agree not to use the Site to do the following:

  • upload, post or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
  • upload, post or otherwise transmit any material that you do not have the right to transmit under, or infringe, any law (including with intellectual property law) or contractual or fiduciary relationship;
  • post irrelevant material or repeatedly post the same or similar material unduly;
  • upload, post or otherwise transmit any unauthorised advertising, promotional materials, ‘junk mail’ or spam or any form of solicitation, except in those areas of the Website designated for such purposes;
  • anything that is in violation of any applicable law, rule or regulation;
  • transmit viruses, malware, or other malicious code.

 

Intellectual Property Rights

We are the owner of or the licensee of all intellectual property rights in our Site and services and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

If you submit comments or content of any nature whatsoever (User Content) to us, you agree and warrant that you created the User Content or have received permission from, or are duly authorised by, the owner of any part of the User Content to do so and hereby provide us with an irrevocable, perpetual, royalty-free licence to use and publish such User Content as we see fit.

 

Suspension And Discontinuation

Your failure to follow the requirements of these Terms may result in suspension or discontinuation of your access to the Site and our services, without notice. HPC Sales Limited further reserves the right to discontinue, without notice, any user's access to or use of the Site and our services for any reason.  Following termination all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

 

Acceptable Use

Our Site may not be used in connection with any commercial ventures save for the purpose of ordering products from the Site in accordance with our terms and conditions of sale. You agree not to make use of Site and provided information by publication, distribution, performance or otherwise, except as permitted in writing by HPC Sales Limited.

 

Your rights to Use the Site

The Site and our services are not intended for users under the age of 18. To register for any services offered on the Site, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site and our services in conjunction with your parents or guardians.

 

Limitation of Liability

To the extent permitted by law, HPC Sales Limited provides the services and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Site and services, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither HPC Sales Limited nor any its affiliates shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Site and/or services.

 

HPC Sales Limited, its affiliates, and its third party service providers do not represent or warrant that access to the Site and our services will be uninterrupted or that there will be no failures, errors or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of the Site.

 

As a convenience, the Site may contain links to other websites which are maintained and operated by third parties.  The linked websites are not under our control, and we are not responsible for the content available on any other websites linked to the Site or Services.  Such links do not imply our endorsement, sponsorship or recommendation of material on any other website and we disclaim any warranties (express or implied) about the content and operation of these websites.  We disclaim any liability for links: (i) from another website to the Site; and (ii) to another website from the Site.

 

You agree to indemnify and hold HPC Sales Limited, its officers and employees, harmless from any claims, damages, expenses, liabilities, costs or demands, including legal expenses, made or brought by a third party due to or arising out of (a) your use of the Site or our services or any part thereof; (b) the violation of these Terms or any provision therein by you; and (c) any intellectual property rights of any person or entity.

 

Jurisdiction and Governing Law

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.  The place of performance of these Terms will be Ireland.  These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.

 

HPC Sales Limited makes no representation that the Site, our services or the products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site, our services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Electronic Communication

When you visit the Site and Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Trademarks

TJ O’Mahony and the Site names, logos, and other identifying marks are the property of HPC Sales Limited.

 

Severability

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable, such Term or Terms shall be severed and deleted from the clause concerned and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

 

Privacy Policy

We collect certain data about you as a result of you using our service. This is described in more detail in our Privacy Policy.

 

In addition to reviewing these Terms you should also read our Privacy Policy .Your use of the Site constitutes your agreement to the terms of the Privacy Policy.