We, Hooke & MacDonald of 118 Lower Baggot Street, Dublin 2 inform visitors and users of this website of the following Terms & conditions. In these Terms & Conditions the word ‘You’ and ‘Your’ means users and visitors of this website and any other website owned or controlled by a Hooke and Macdonald company (“Site(s)”).
The words ‘We’, ‘Our’ and ‘Us’ means the following Hooke & MacDonald companies which have jointly and severally issued these Terms & Conditions:
Hooke & MacDonald Limited
Hooke & MacDonald Commercial Limited
Hooke & MacDonald Lettings limited
Hooke & MacDonald New Homes Limited
Hooke & MacDonald Resales Limited
Use of Material
The contents of this Site (and any other website owned or controlled by a Hooke and Macdonald company) including text, graphics, images and software other material (“Material”), are the copyright of Hooke and MacDonald. All and any unauthorised use of the Material violates our copyright, trademark and other intellectual property rights.
You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
We authorise you to view and download a single copy of the Material on the Site solely for Your personal, non-commercial use.
If you violate any of these Terms, Your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Our Liability
We make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. You are hereby put on notice that the Material may contain inaccuracies or typographical errors. Your use of the Site and the Material is entirely at Your own risk and changes which are periodically made to the Site are done so at any time without notice.
Under no circumstances shall We be liable to You for any failure to perform (or delay in performing) any of obligations arising by Your use of this Site.
We do not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful elements. If Your use of the Site or the material results in the need for servicing or replacing equipment or data, We assume no responsibility whatsoever for those costs.
Our Site and Material are provided on an “as is” and “as available” basis without any warranties of any kind. We, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non-infringement of third parties rights, and any warranty of fitness for particular purpose. We make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links. Further in no event shall We or any third parties mentioned on this Site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Material, whether based on statute, contract, tort, or any other legal cause, and whether or not We are advised of the possibility of such damages.
Nothing on the Website or the Portal should be construed as constituting an offer, acceptance or contract or any part thereof. The particulars contained on the Website and the Portal are based on documents prepared from preliminary plans and specifications and are intended only as a guideline as final finishes may vary. Any areas, measurements or distances provided are approximate. Text, photographs, plans and site plans shared are for guideline purposes only, are not necessarily comprehensive and may be subject to change. It should not be assumed that any property on the Website or the Portal has all necessary planning, building regulations or other consents. We have not made any investigation into the existence or otherwise of any environmental issues e.g. pollution of land, air or water contamination. Any purchaser should, through legal requisitions and surveys, establish the suitability, title and condition of a property before finalising the purchase of the property and the information contained on the Website and the Portal shall not replace this responsibility.
User Submissions
Generally, any communication which you post to the Site is considered to be non-confidential. Please see our Privacy Statement forfurther details on how We respect and treat any personal information provided to Us.
You agree not to use the Site or cause or permit any Materials to be used:
- so as to jeopardise or prejudice the operation, quality or integrity of the Site or Materials, the operation, quality or integrity of any telecommunications network, or any other use which might be deemed by Us to be harmful to Our business(es), reputation or the commercial exploitation of the Site;
- for any commercial purpose including any surveys, contests or pyramid schemes, nor to use Our services to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
- to harvest or otherwise collect by any means any Material or information (including without limitation email addresses or details of properties) from the Site or to monitor, mirror or copy any Material except with the written consent of Ken MacDonald, Managing Director, Hooke & MacDonald, 118 Lower Baggot Street, Dublin 2;
- to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- contrary to these Terms & Conditions of any internet service provider whose services you may use.
Links to and from Other Web Sites
The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Us of the contents on such third party web sites. We are not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at Your own risk.
Software Licences
All software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software licence agreement or designated legal notice accompanying such software.
Limitation of Liability
Unless otherwise expressly provided in a separate written agreement the aggregate liability of Us to you for all claims arising from the use of the Site or Materials (including Software) is limited to €1 and You acknowledge that this is a genuine pre-estimate of any loss You might suffer as a result of such a claim.
Indemnity
You agree to defend, indemnify, and hold harmless Us, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including software) or Your breach of these Terms & Conditions.
Data Protection & Privacy
We may use your personal information in our provision of services to you. Please see our Privacy Notice for details of how your personal information will be used.
General
The Site is controlled by Us from Our location within Ireland. We make no representation that Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site.
If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect.
No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term.
These Terms & Conditions constitute the entire agreement between You and Us with respect to the use of the Site. Any changes to this Agreement will be posted on the Site and will take immediate effect.
We may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any reason without any reference to you.
© COPYRIGHT HOOKE AND MACDONALD LIMITED 2021. ALL RIGHTS RESERVED.
