Terms of Use
The following terms and conditions of use (“Terms of Use”) apply to users, viewers and all people who have access to the eircom Limited (“eircom”) web sites located at www.eircom.ie and www.eircom.net. By using and viewing eircom's web sites, you agree to these Terms of Use. If you do not agree, do not use our web sites. Any access or use of eircom's web sites is undertaken entirely at your own risk.
Contents of Site and Intellectual Property
All content on eircom's web sites, including the text, graphics, interfaces, photographs, images, trademarks, logos, artwork, designs, layout, structure, expression, “look and feel” and arrangement of the content on the web sites, is owned, controlled or licensed by eircom. All content contained on the web sites is, to the fullest extent possible, copyrighted and otherwise proprietary, and is protected by copyright, patent and trademark laws, and various other intellectual property laws. No right, title or interest in any of eircom’s intellectual property are transferred to you by use of or access to the web sites and you may not make any use of eircom’s intellectual property, except as permitted under these Terms of Use. We reserve all rights, of whatever kind, whether registerable or unregisterable, to our web sites.
Restrictions on Use
eircom’s web sites and services are solely intended for your personal, non-commercial use only. You may download and use the contents of eircom’s web sites for personal use only in accordance with these Terms of Use. Otherwise, eircom’s web sites and contents may not be copied, reproduced, distributed, republished, reproduced, uploaded, posted, transmitted in any way or otherwise dealt with without the prior written consent of eircom. You may not misuse eircom’s web sites (including without limitation, by hacking). You are prohibited from posting or transmitting on eircom’s web sites, forums, bulletin boards or eircom’s other products and services, any material:
- that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not, where required, obtained all necessary licences, consents, approvals, and/or authorisations;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to law of or infringe the rights of any third party, in any country in the world; or
- that is technically harmful (including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Linking
eircom’s web sites may contain third party information and links to third party web sites. Wherever practical, in our opinion, such third party information is marked accordingly. Links to third party web sites via eircom’s web site are solely for your convenience. If you use these third party links, you leave eircom’s web site and our Terms of Use and all other terms and conditions of eircom’s web site cease to apply. We do not control and take no responsibility whatsoever for such third party websites nor do we endorse, authorise or approve the third party content thereof.
We do not represent or warrant that the information accessible on those websites via this eircom’s web sites are accurate, complete or current or that the use of that third party web site is free of risk or other damage. Accordingly, we shall not be liable for any loss or damage arising from use of or reliance upon information contained within such third party web sites, which may be subject to their own separate terms of use and, in any case, any accessing of such third party sites is undertaken entirely at the user’s own risk.
Services
In addition to these Terms of Use, other terms and conditions may apply to specific services that may be available from eircom’s web sites through your account. You warrant that any personal details provided by you, including your mobile phone number that you have provided as part of the registration process for any service is correct and in particular relates to a mobile phone owned and used by you. You agree to indemnify us in the event of any claim made against us or loss suffered by us as a result of a breach of such warranty.
You are liable for all use made of services through your account, whether authorised by you or not, until you have notified eircom of unauthorised use and we have stopped access to your account. You are responsible for the security and proper use of any PIN code used to access services. You must take all necessary steps to ensure that any PIN code is kept confidential and used properly.
Any charges for a service will be those displayed or notified to you before you purchase or subscribe to that service and will include Value Added Tax (V.A.T.) unless otherwise stated.
eircom reserves the right to vary our charges or introduce charges for any services which have been provided free of charge at any time. You can of course stop using the services at any time. Any variation to our payment terms shall be final and binding.
Charges for purchases made through our services will appear on your monthly statement. eircom reserves the right in our sole discretion at any time to refuse you access to the services, terminate your account with us, remove or edit content or services. In addition to anything else we can do, we reserve the right to immediately and without notice withdraw, bar or suspend the provision of part of or all services to you or end our agreement with you under these Terms of Use with immediate effect if:
- you breach any provision of these Terms of Use
- we believe the services are being used in a manner prohibited under these Terms of Use, even if you are unaware that the services are being used in such a way.
Privacy Policy
Our Privacy Policy sets out how we may use information provided by you when accessing and using the web sites and services therein. Please look at our Privacy Policy available separately on the respective eircom websites to understand our practices.
Disclaimers
eircom provides its web sites and contents on an "as is", “where is” basis with no warranties, representations, conditions or other terms whatsoever, express or implied. To the fullest extent permitted by law, eircom and its directors, officers, employees and agents (including those of its subsidiaries as defined in section 155 of the Companies Act 1963, as amended) expressly disclaim all warranties, representations, conditions or other terms in respect of eircom’s web sites, express or implied including, but not limited to, the implied warranties of merchantability, correspondence to description, fitness for a particular purpose, or non-infringement.
The eircom web sites, content and services may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control including, without limitation, congestion, network coverage, dropped connections, the performance of your computer and the maintenance of secure network connections. Due to the nature of interactive facilities and the internet generally, eircom gives no representations or warranties that the web sites, content or services provided, will be timely, or free from delays, interruptions or errors.
Whilst eircom has made - and will continue to make - great efforts to provide accurate, up-to-date and complete information, eircom disclaims all liability or responsibility that the information, including but not limited to translation of eircom’s web sites into various other languages other than English, contained or referenced herein or future information supplied is adequate, accurate, reliable or complete and all liability or responsibility for possible errors or omissions in the contents of the web sites hereof. We do not represent or warrant that the access, use, functions or content of or on these web site will be uninterrupted or error-free, that the contents will be correct, accurate, reliable, meet your requirements, or that there will be no delays, failures, errors or omissions or loss of transmitted information, that no computer viruses will be transmitted or that no damage will occur to your information technology systems and/or facilities. You understand and agree that you download or otherwise obtain content from this web site at your own discretion and risk and that you are solely responsible for protecting and any damage or loss to your data and/or equipment and for taking appropriate precautions to scan for computer viruses, worms, Trojan horses, spyware or other malicious code.
Limitation of Liability
Except where prohibited by law, in no event will eircom be liable to you for any loss or damage, whether direct, indirect, consequential, incidental, special, exemplary or punitive, including but not limited to loss of profits, loss of business, loss of opportunity, loss of data, whether such claim is based on warranty, contract, tort (including negligence) or equity, howsoever arising out of or in connection with your use of or inability to use the web sites and their contents, or any action or decision made by you in reliance of these web sites and their contents or any unauthorised use or reproduction of these web sites and their contents. This limitation shall also apply to performance of non-performance of eircom’s web sites and services generally or any other information that appears on or is advertised through any links to eircom’s web sites.
Indemnity
You agree to indemnify and hold eircom, its officers, directors, employees, agents, shareholders and affiliates, (including the officers, directors, employees agents, shareholders and affiliates of its subsidiaries as defined in section 155 of the Companies Act 1963, as amended), harmless from any demands, loss, liability, claims or expenses (including legal costs), made against eircom by any third party due to or arising out of or in connection with your use of eircom’s web sites.
Miscellaneous
If you breach any of these Terms of Use or other terms and conditions relating to use of this web site, your permission to use this web site automatically terminates and you must leave eircom’s web site immediately.
There shall be no waiver of any terms and conditions (including these Terms of Use) unless such waiver is in writing and signed in advance by or on behalf of eircom. If any of these terms and conditions are unlawful, unenforceable or void, such terms and conditions shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms of Use. eircom updates its web sites, its content and the services available therein from time to time. eircom may vary any content or the technical specification of any service at any time without notice. eircom reserves the right to withdraw any service at any time or to suspend or restrict access to the whole or any part of services for repair, maintenance, updating or upgrading or for the introduction of new facilities or services at any time. eircom will attempt to limit the frequency and duration of any such suspension or restriction.
These Terms of Use or other terms and conditions constitute the entire agreement between you and eircom with regard to use of our web sites, and any other written or oral agreements or understandings previously existing between you and eircom with respect to such use are hereby superseded and cancelled.
eircom reserves the right to revise these Terms of Use or other terms and conditions relating to our web sites at any time without notice, such revisions becoming effective immediately upon posting of the revised Terms of Use on our web sites. You are bound by such revisions and therefore should periodically visit this ‘Legal Notices’ web page to review the terms current Terms of Use and terms and conditions which you are bound.
Governing Law and Jurisdiction
eircom’s web sites, all terms and conditions contained therein and legal notices on our web sites are exclusively subject to and governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction over all claims or disputes arising or in relation to, out of or in connection with eircom’s web sites and their use.
Feedback and Contact Us
eircom welcomes your feedback in relation to our web sites. Please contact us at info@eircommobile.ie to give us your comments. Please note that any comments on eircom’s web sites will be deemed non-confidential and used on an unrestricted basis.