CHANGES IN TERMS OF USE
We may modify or terminate any facilities and/or services offered through this Website from time to time, for any reason and without notice, and without liability to you, any other user or any third party. imagine reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of this Website at its sole discretion, including these Terms of Use from time to time. You should check these Terms of Use for any changes each time you access this website. Your continued use of the website will signify your acceptance of any revised Terms of Use.
Additional terms and conditions will govern services which you obtain from imagine, either through this Website or otherwise. Nothing on this Website shall be deemed to be an offer by imagine to provide any goods or services to you. The contract for the provision of such goods or services will be formed only when you have placed an order and accepted imagine’s terms and conditions for the provision of such services, and imagine has confirmed its acceptance of your order.
Your continued use of the Website will signify your acceptance of any revised Terms of Use. Furthermore, you acknowledge that imagine cannot guarantee the accuracy of any information contained on the Website and, accordingly you agree not rely or act upon any information until you have independently verified its accuracy and validity.
PRICE
The price of products and services which are available on the Website shall be at our current applicable price at the date and time of acceptance of your order. This may be specified either on the Website or at the product or service purchase "checkout", but either way the definitive price shall be that which we notify to you following our acceptance of the order. Any incorrect prices on the Website shall be void and of no effect, and in respect of any orders placed for incorrectly priced products and services, the correct price as determined by imagine shall be notified to you and, if you wish to continue with the order, then the correct price shall be substituted in place of the incorrect price.
You agree to pay all applicable charges, if any, under these Terms of Use and all contracts which you have entered into with imagine, including any applicable taxes or charges imposed by any government entity. You acknowledge that imagine reserves the right to revise prices which are set out on the Website from time to time at its sole discretion and without notice to you.
LOCATION
This Website is controlled and operated, in whole or in part, by imagine from its offices within Ireland. This Website has been specifically designed for use in the Republic of Ireland and imagine makes no representation that the Website is appropriate or suitable for use in countries other than Ireland.
USE OF THE WEBSITE
Unless otherwise specified, this Website and any of its facilities and/or services are for your personal and non-commercial use only. You may download, display or print part of the Website for your own personal, non-commercial use. You will not use the Website or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms of Use.
Your use of the Website is subject to these Terms of Use. Use of the Website is entirely at your own risk.
You agree not to:
use the Website for any purpose that is unlawful or prohibited by these Terms of Use;
use the Website in any manner which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. In particular, you will not post or transmit to or from the Website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law;
attempt to gain unauthorised access to the Website, or any accounts, computer systems and networks connected to any imagine website, through hacking, password miming or any other means; or
use this Website to harvest or otherwise collect by any means any program material or information (including without limitation email address or details of other users) from the Website or to monitor, mirror or copy any content of the Website without the prior written consent of imagine.
INDEMNITY
As a user of the Website, you agree to indemnify, defend and hold harmless imagine, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any other third party information service providers from and against all claims, demands, losses, expenses, damages and costs, including legal costs, howsoever resulting from any violation or breach by you of these Terms of Use.
INTELLECTUAL PROPERTY RIGHTS
The information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, buttons, trademarks, service marks, trade names, logos and other materials and services found on the Website (collectively, the "Content") are protected by copyright, trademark, database right, sui generis rights and other intellectual property laws, under national laws and international treaties. imagine and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Content.
Subject to these Terms of Use, you are hereby granted permission to access the Content from the Website solely for your own personal, non-commercial use of viewing and browsing through the Website or ordering products or services from the Website. This permission terminates automatically if you breach any of the Terms of Use.
You agree not to resell, decompile, reverse engineer, disassemble or otherwise convert the software used on this Website. Furthermore, you shall not copy, modify, transmit, display, distribute, perform, reproduce, license, publish, create derivative works from, upload, extract, transfer or sell any information, Content, software, products and services contained on or forming part of this Website, or otherwise use the content of this Website for resale, redistribution or for any other commercial use, without the prior written consent of imagine and you acknowledge that to do so will be a violation of the proprietary rights of imagine. You may, however, save a copy of this page to your local hard disk for the purposes of creating one personal back-up copy.
PROVISION OF INFORMATION
imagine respects the privacy of individuals who access the Website. When we collect and use personally identifiable information about you, we will only do so in accordance with our Privacy Statement, which you can read at www.imagine.ie. The Privacy Statement is hereby incorporated into and forms part of these Terms of Use.
imagine does not guarantee the security of any information transmitted to or from the Website. You understand and agree to assume the security risk for any information you provide using the Website.
LINKS TO THIRD PARTY WEBSITES
The Website may be connected by means of hypertext links to or from other sites which are not under the control or ownership of imagine. The fact that imagine provides a link to a third party site does not mean imagine endorses, authorises or sponsors that site. imagine reserves the right at any time to terminate a link to a third party site. Your use of third party sites is subject to the terms and conditions of use contained within each of those sites. Access to any third party site through this Website is at your own risk. imagine shall have no responsibility whatsoever for the accuracy of any information, data, opinions, statements made on any third party site or the security of any link or communication with the site.
DISCLAIMERS
all use by you of the website is at your own risk. you assume complete responsibility for, and for all risk of loss resulting from, your downloading and/or using of the website or any other information obtained from your use of the website. you agree that IMAGINE, and providers of telecommunications and network services to IMAGINE, will not be liable for damages arising out of your use or your inability to use the website, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other ground.
IMAGINE does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy or reliability of, or the results of the use of, the content of the website or any other sites linked to or from the website. this website is provided "as is" to all users and without any representations or warranties of any kind either express or implied. to the fullest extent permitted under applicable law, IMAGINE disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and quality. IMAGINE makes no representations, warranties or undertakings that the website, or the server that makes it available, will be free from defects, including but not limited to viruses or other harmful elements. IMAGINE 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 imagine which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of the website. no advice or information, whether oral or written, obtained by you from imagine shall be deemed to alter this disclaimer of warranty, or to create any warranty.
LIMITATIONS OF LIABILITY
To the fullest extent permitted by applicable law, neither imagine nor any of its officers, directors, employees, affiliates or other representatives will be liable for any loss or damages arising out of or in connection with your use of the Website or transactions entered into through or from the Website including, but not limited to, indirect, consequential or special loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property, exemplary or punitive damages whether in contract, tort or otherwise, even if the possibility of such damages had been advised, or such loss or damages were reasonably foreseeable. You acknowledge that imagine has entered into these Terms of Use relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain contract. In no event shall imagine nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of any services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.
GENERAL INFORMATION
The Terms of Use constitute the entire agreement between you and imagine and govern your use of the Website, superseding any prior agreements between you and imagine relating to your use of the Website. You acknowledge that you may also be subject to additional terms and conditions that may apply when you purchase products or services from imagine. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, then such provision shall be severed and the remainder of these Terms of Use shall continue in full force and effect.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the law of Ireland, and you hereby agree for the benefit of imagine and without prejudice to the right of imagine to take proceedings in relation to these Terms of Use before any court of competent jurisdiction, that the Courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use, and for such purposes you irrevocably submit to the jurisdiction of the Courts of Ireland.