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Terms and Conditions

This web site (“the KMS web site”) is provided by KEANE MAHONY SMITH with a registered office at 37 Prospect Hill, Galway

Acknowledgement and Acceptance

This Agreement (“the Agreement”) outlines the terms and conditions governing your access to and use of the KEANE MAHONY SMITH web site. By accessing and/or using the Keane Mahony Smith web site you agree to be bound by the terms and conditions contained in this Agreement. These terms and conditions are important to protect both you and us. Please take the time to read the terms and conditions carefully. If you have any questions please forward them to info@kmsgalway.com

Keane Mahony Smith reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. You are responsible for regularly reviewing this Agreement and your continued use of the Keane Mahony Smith web site constitutes an affirmative acknowledgement by you of any modification to this Agreement and consent to be bound by its terms.

Privacy

It is Keane Mahony Smith’s policy to respect the privacy of each visitor to the KMS web site. Through use of the KMS web site, Keane Mahony Smith may acquire personal data and information about you. In this regard, KMS undertakes to only use your data in complete accordance with the following conditions:

  1. We may access your personal data and related communications for technical processing and to address technical problems or service complaints.
  2. At your request we will allow you to inspect and edit any personal data relating to you which we have collected.
  3. From time to time, we may make your email address and other personal data you have registered with us available to other companies and/or organisations whose products or services we think you might find interesting.
  4. You may receive periodic mailings from us. If you do not wish to receive such mailings, please let us know by sending us an email to the above address, calling us at the above telephone number, or writing to us at the above address.
  5. We cannot ensure that private communication and other identifiable personal data will never be disclosed in ways not described in this section. By way of example (without limiting the foregoing), we may be forced to disclose the data to a government agency lawfully requesting the same or to any court acting in pursuance of its powers. We reserve the right to disclose any information about you to law enforcement, government officials or to any court or court officials as we in our sole discretion believe necessary or appropriate.
  6. Nothing in this Agreement relating to the confidentiality of information shall prevent or hinder KMS from complying with its legal obligations as to disclosure or otherwise under the Data Protection Act 1988.
  7. If our privacy promise changes in the future, we will notify you of these changes by posting them on the KMS web site.

Third party sites

Links included within the KMS web site may let you leave the KMS web site and enter into other web sites (“linked sites”). The linked sites are not under the control of KMS and KMS is not responsible for the content of any linked sites or any link contained in a linked site or any changes or updates to such sites. KMS is not responsible for web casting or any other form of transmission received from any linked site. KMS is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by KMS of the site or any association with their operators.

Content

All materials published on the KMS web site including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips (“Information”) is protected by copyright and owned or controlled by KMS.

You hereby acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including software, software architecture, design or code including source and object code, data specifications, drawings, instructions, programs, developments, methods, techniques and improvements; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the KMS web site are solely owned by KMS. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.

All web site design, text, graphics, the selection and arrangement thereof and all software are copyright of KMS Limited.ALL RIGHTS RESERVED

Liability

KMS shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising that results from the use of information and material available on the KMS web site.

Although rigorous protocols are applied to the KMS web site, KMS, does not make any warranty that the web site is free from infection by viruses or anything else that has contaminating properties.

KMS does not accept any liability for any losses or claims arising from any inability to access the KMS web site.

Disclaimer

The material and information contained in the KMS web site including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips may contain inaccuracies and typographical errors. KMS does not warrant the accuracy or completeness of the materials or information or the reliability of any advice, opinion, statement or other information displayed or distributed through the KMS web site. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. KMS reserves the right in its sole discretion to correct any errors or omissions in any portion of the KMS web site.

The KMS web site, the information and material on the KMS web site are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to warranties regarding merchantability, non-infringement, fitness for any particular purpose and title.

Indemnity and Waiver

You hereby agree to indemnify and keep indemnified KMS its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the information and material posted on the KMS web site or resulting from any breach of this Agreement whether such breach is carried out by you, your use of the KMS web site, your connection to the KMS web site or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the KMS web site is done at your own discretion and risk and that you waive any right to bring any claim or action against KMS or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from your access to or use of the KMS web site.

No unlawful or prohibited use

You hereby acknowledge and warrant to KMS that you will not use the KMS web site for any purpose that is unlawful or prohibited by these terms and conditions.

You may not use the KMS web site in any manner which would damage, disable, overburden or impair the KMS web site or interfere with any other party’s use and enjoyment of the KMS web site and you may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the KMS web site.

You hereby agree and warrant that you will not publish, post, upload, distribute or disseminate any material or information on the KMS web site that infringes any copyright or intellectual property rights of any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable and facilitates or promotes illegal activity, depicts sexually explicit images or promotes violence or discrimination.

You hereby agree to indemnify and keep indemnified KMS its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from any such publication, posting, uploading, distribution or dissemination of any such material or information on the KMS web site.

Assignment

KMS reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.

Modifications to KMS web site

KMS reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the KMS web site (or a part thereof) with or without notice. You agree that KMS shall not be liable to you or any third party for any modification, suspension or discontinuance of the KMS web site. KMS shall not be liable to you or any third party should KMS exercise its right to modify or discontinue the KMS web site.

Entire Agreement

This Agreement constitutes the entire Agreement between you and KMS and supercedes any prior agreements, arrangements, statements and understandings between KMS and you.

Waiver

A waiver by KMS of any breach by you of any of the terms, provisions or conditions of this Agreement or the acquiescence of KMS to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.

Invalidity

If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.

Dissatisfaction

If you are dissatisfied with the KMS web site or any information posted thereon, or with any term or condition of this Agreement, your sole and exclusive remedy is to discontinue using the KMS web site.

Governing Law

This Agreement shall be governed by Irish law and you hereby consent to the exclusive jurisdiction of the Irish courts in all matters regarding it.

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