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The Services
Our website is made available to you so as to assist you in making reservations in restaurants and any other services that may be added to our website from time to time. Primary access to this facility is through our website, however you may also access this service via telephone and WAP. These terms and conditions shall apply to your use of the service via the telephone or WAP or otherwise, with the necessary amendments. Our website, "bookit.ie", and the services available to you, through it or otherwise, are made available to you by us free of charge. However, so you know what you can and cannot do in relation to our website and what we do and do not offer, you should carefully read the following:- Disclaimer and Liability Our website and the materials and information contained in it are made available by us on an “as is” basis and are made available without any warranty or representation of any kind, whether express or implied. We expressly disclaim to the fullest extent permitted by applicable law any and all warranties of merchantability and fitness for a particular purpose of our website or any works, materials, information, products or services contained or accessible via our website. In particular, no representation or warranty, whether express or implied, is made in relation to the accuracy, reliability or otherwise of any services, information or materials contained on our website or that they will meet your requirements or expectations or that they do not infringe any rights of third parties. Reliance upon any such services, information or materials or use of our website and the Internet generally is at your sole risk and we are not liable for any loss of data, lost profits, consequential loss, or any other damages or losses howsoever occasioned including, without limitation, losses resulting from the use of or from the inability to use this website or the Internet. All implied terms and conditions are hereby excluded to the fullest extent permitted by law. We do not warrant that our website will be uninterrupted, secure or error free, that messages, information, emails (including any attachments thereto) or requests will be delivered, that our website will be available or that our website, emails (including any attachments thereto) or server are free of viruses or other harmful components. We cannot accept any liability or responsibility for and no warranty or representation of any kind, whether express or implied, is given in relation to any information viewed on our website or downloaded or saved or otherwise dealt with by you. Third party disclaimer and third party links We in no way endorse or vouch for any advertisements, persons, companies, organisations, materials, products or other services which may be referred to by us, either on our website, or any other website, to which you are referred to by us or by any other means howsoever. We shall not be liable or responsible for any loss or damage suffered, whether direct or indirect, special, incidental, punitive or consequential, arising out of any arrangement you enter into as a result of any advertisements or any information or any materials provided, listed or supplied by us on our website or arising out of the use of postal services or e-mail or otherwise. You may access our website via links provided by other websites and we may provide you with links to other websites via our website. The linked sites are not under our control and have not been independently authenticated in whole or in part by us and we are not responsible for the contents of any linked sites including without limitation any link in a linked website, or any changes or updates to a linked website. We are providing these links as a convenience and the provision of any links via our website, or otherwise, does not imply an endorsement by us of the linked website or any association with its operators. Unauthorised Access While we take reasonable precautions in relation to use and access to our website, you accept all risk of information or instructions being given by an unauthorised person and the possibility of hacking, cracking, viruses and any and all manner of unauthorised access, use, activity or purpose which may occur on or in relation to our website and you agree to fully and effectively indemnify and keep indemnified and hold us harmless fully against all actions, claims, demands, liabilities, payments, losses, costs, charges, damages and expenses which you may suffer or incur directly or indirectly in connection with or arising out of such activity. We shall not be liable or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or failure to perform, any of our obligations in relation to our website if the delay was due to any cause beyond our reasonable control including and without limitation, equipment malfunctions or periodic maintenance, computer viruses or unauthorised access of our website or other systems of ours. If our ability to make our website available is impaired by you or circumstances beyond our control, we may choose to discontinue making our website available to you or in general without any recourse by you against us. Force Majeure We shall not be liable to you for any loss or damage arising due to our failure to perform our obligations under this Agreement due to any cause beyond our reasonable control including, without limitation, any act of God, inclement weather, failure, outage or shortage of power supplies, acts of terrorism, non-availability or material reduction in the performance of the Internet, flood, drought, lightning or fire, strike, lock out, trade dispute or labour disturbance, the act or omission of Government, highways authorities, public telecommunications operators or administrative or other competent authority, war, military operations, riot, or difficulty, delay or failure due to any such case in manufacture, production or supply by third parties of any goods or services required by us. Waiver of Claims In no event shall we be liable to you for any special, incidental, indirect or consequential damages of any kind or any damages whatsoever, including without limitation, those resulting from loss of use, data, profits, or hardware or software damage, whether or not advised of the possibility of such damage, and on any theory of liability arising out of or in connection with the use or performance of the information or services provided by us including any information or services in connection with our website, whether obtained with or without charge. User Responsibilities and Conditions Prior to using our website, you have sole responsibility for adequate protection and backup of data and/or equipment used in connection with accessing our website or any information provided by us and you will not make a claim against bookit.ie for any reason, including, but not limited to, you providing inadequate registration information, inadequate or misleading information or omission of information, or improper use or maintenance of software, hardware or peripherals, lost data, re-run time, inaccurate output, work delays, lost profits or salary resulting from our website. Access and Interference You agree that you will not use any robot, spiders, other automatic device, or manual process to monitor or copy our website or web pages or the content contained herein. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of our website and you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Intellectual Property Rights All copyright materials including, but not limited to, text, images, web pages, sound, software (including code interface and website structure) designs, logos, graphics, the selection, presentation and arrangement of materials (including information in the public domain) and the overall design and layout of this website are the copyright of bookit.ie. BOOKIT, associated logos and marks indicated on this website are trade marks of Bookit Limited or associated companies or our licensors. All intellectual property rights and any other rights of whatsoever nature in or to our website are and shall remain our sole property and we reserve all our rights. Use of Our Website The only permitted use of this website by you is to view and display this website, register on our website, make bookings with restaurants on this website, access information about Bookit Ireland and to contact Bookit Ireland. Any other use of this website whether by copying, reproducing, storing, recording, downloading, broadcasting, publishing, distributing, re-transmitting, modifying, altering, linking, framing, cloaking, meta-tagging, creating derivative works or otherwise whatsoever is expressly prohibited. Acceptable Usage Policy - This Site may contain discussion groups, bulletin boards, chat rooms and other interactive services. We do not actively monitor use of nor do we exercise any editorial control over our discussion groups, bulletin boards or chat rooms. As a result, you may be exposed to content on the Site or on sites accessible over or through the Site that you find offensive or objectionable. However, we do reserve the right to monitor our discussion groups, bulletin boards, chat rooms and other interactive portions of the Site and to remove any content which, in our sole discretion, constitutes a misuse of these interactive services and may restrict, suspend or terminate your use of these services or the Site where we believe that there has been such a misuse. The following examples constitute a misuse of the interactive services, but this list is not exhaustive: (a) using the services for any improper, unlawful or immoral purpose, causing any nuisance by your use of the services or causing the operation of the services to be jeopardised or impaired; (b) using the services to create, host or transmit (whether in a live chat room, on a bulletin board or otherwise) any defamatory, offensive, or obscene material or engaging in activities which would cause offence to others on grounds of race, religion, creed or sex; (c) using the services to harm, or attempt to harm, minors in any way; (d) using the services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability; (e) using the services to create, host or transmit material which infringes the copyright, trade mark, patent, trade secret or other intellectual property or proprietary rights of any other party; (f) using the services to create, host or transmit unsolicited advertising material to other users; (g) using the services to create, host or transmit any material that harasses another; using the services to make fraudulent offers to sell or buy products, items or services; (h) adding, removing or modifying identifying network header information in an effort to deceive or mislead; (i) using the services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party's security measures, computer software, hardware, electronic communication system, or telecommunications systems; (j) using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data; (k) using the services for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally; (l) reselling, repurposing or redistributing any services provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorised to use. This list only serves to provide examples and is not meant to be an exclusive list of the type of misuses of the interactive services that may result in the restriction, suspension or termination of your access to the Site. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country. The opinions expressed in live chat rooms and/or posted on bulletin boards or on other interactive services are not necessarily ours.. Any statements, advice and opinions made by such participants are those of such participants only. We neither endorse nor shall be held responsible for any such statements, advice or opinions. Alterations We expressly reserve the right to suspend, modify, alter or withdraw our website or your access to our website, or any part thereof, at any time at our sole discretion. Any registration or account may be cancelled or suspended at any time for breach of these terms and conditions or for any other reason which we at our discretion may decide. The materials and information on this website may also be updated from time to time. However, no responsibility is accepted by us for keeping the materials and information up to date. Bookings While we do our best to accommodate your choice of booking, we do not guarantee that you will be successful in obtaining any particular booking in your restaurant of choice. Upon submission of our booking you will receive a confirmation by email of whether or not your booking is successful as soon as possible after your submission. We take no responsibility for any cancellation or delay of any booking made with your chosen restaurant. Credit Card Details In some cases, you may be obliged to submit your credit card or other details to us in order to secure a particular booking in a restaurant. We do not retain such details and we will send them to the applicable restaurant as soon as possible after receipt of same. In the event that you cancel a booking after submitting your credit card details to us, we take no responsibility for and will not be liable in any way for any direct, indirect or consequential loss arising therefrom. Severability Any term or provision which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions or affecting the validity or enforceability of the terms and provisions in any other jurisdiction. If any provision is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable. Indemnity You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences. Waiver Our failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. Interpretation Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all gender and words denoting persons shall include bodies corporate, unincorporated associations and partnerships. The headings in these terms and conditions are for convenience only and are not intended to have any legal effect. Terms such as 'Bookit.ie', ‘BOOKIT IRELAND’, ‘us’, ‘we’ and ‘our’ refer to the Bookit Ireland unless the context otherwise permits. References in these terms and conditions to "our website" shall include the services made available by us to you via our website. References contained herein to 'these terms and conditions' refer to the terms, conditions and provisions set out in this Agreement and include our privacy statement. Jurisdiction These terms and conditions shall be governed by and construed in accordance with the laws of Ireland and the parties hereto submit to the exclusive jurisdiction of the Irish courts. Minors Our website is only made available to persons over the age of 18 years. You hereby warrant that you are at least 18 years old. Entire Agreement These terms and conditions constitute the entire agreement and understanding of the parties and supersedes any and all prior written or oral representations, agreements, or understandings between them and any advertising or promotional material, relating to the subject matter of these terms and conditions. Amendments We reserve the right, at any time and without notice, to add to, change, update or modify these terms and conditions, simply by posting such addition, update or modification on this website. Any such change, update or modification will be effective immediately upon posting on our website. Miscellaneous Your acceptance of these terms and conditions shall not imply any joint venture, partnership, employment or agency relationship between us. Electronic Signatures You accept and consent to the use of electronic signatures. [I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND PRIVACY STATEMENT AND WISH TO REGISTER WITH YOUR WEBSITE] [I DO NOT WISH TO BE BOUND BY YOUR TERMS AND CONDITIONS AND PRIVACY STATEMENT AND WISH TO EXIT YOUR WEBSITE] * Bookit Limited 2008. All Rights Reserved. |
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