1 - In General
Access to and use of this web site and the products and search services available through this web site (collectively, the "services") are subject to the following terms, conditions and notices (the "terms of service"). By using the services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the terms of service may be updated by us from time to time. This web site also contains links to other web sites, web pages and services, which are not operated by M.H.Gill & Co. Unlimited Company (the "linked sites"). Your use of such linked sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. You recognise that M.H.Gill & Co. Unlimited Company has no control over such linked sites and information, and you accept that M.H.Gill & Co. Unlimited Company provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
3 - Prohibitions
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any linked sites or community standards generally; transmit or distribute a virus; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Gill Explore web site.
4 - Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied to you remains the property of M.H.Gill & Co. Unlimited Company, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by M.H.Gill & Co. Unlimited Company, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the M.H.Gill & Co. Unlimited Company site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or implicitly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by M.H.Gill & Co. Unlimited Company, its licensors, advertisers or content suppliers.
5 - E-Tail of Products And Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following terms and conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to the republic of Ireland and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. M.H.Gill & Co. Unlimited Company is absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by telephone. We will also provide the identity of the party you have contracted with. This may be M.H.Gill & Co. Unlimited Company or in certain cases a third party. Where a contract is made with a third party M.H.Gill & Co. Unlimited Company is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
6 - Disclaimer of Warranties
The services and all information, products and other content included in or accessible from this web site and the linked sites, are provided on an "as is" and "as available" basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, M.H.Gill & Co. Unlimited Company disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this web site or the linked sites.
7 – Disclaimer of Liability
Unless expressly stated to the contrary to the fullest extent permitted by law M.H.Gill & Co. Unlimited Company, its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if M.H.Gill & Co. Unlimited Company had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
8 - Disclaimer As To Ownership Of Trade Marks
Except where expressly stated to the contrary all persons, products, services and locations featuring on the Gill Explore web site are in no way connected, associated, linked or affiliated to M.H.Gill & Co. Unlimited Company furthermore, unless it is expressly stated on the Gill Explore web site that a certain product, service or location is connected, associated, linked or affiliated to the makers, right owners or broadcasters (the "makers") of a film or programme you should not make such an assumption, or rely in any way on the existence of such a connection, association or affiliation, by implication or otherwise. Any trade marks/names as may be featured on the Gill Explore web site are owned by the respective trade mark owners and M.H.Gill & Co. Unlimited Company claims no connection, association or affiliation with them. Where a trade mark (brand name) is referred to it is used to describe or identify the products, services or locations (the "goods") or else it is used to identify the film or programme where such goods appeared, but that is in no way an assertion or claim that such goods are endorsed by or connected, associated, linked or affiliated to the makers of the relevant film or programme.
9 - Indemnity
You agree to indemnify, defend and hold harmless M.H.Gill & Co. Unlimited Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the M.H.Gill & Co. Unlimited Company services, your breach of the terms of service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
10 - Variation of Content
M.H.Gill & Co. Unlimited Company shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the service or which appears on any page of the Gill Explore web site.
11 - Submissions
All information and material submitted by you to M.H.Gill & Co. Unlimited Company or that you publish on any public area of the Gill Explore web site shall be provided by the submitter and accepted by M.H.Gill & Co. Unlimited Company subject to paragraph 2 above. Furthermore, M.H.Gill & Co. Unlimited Company shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and M.H.Gill & Co. Unlimited Company shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
12 - Termination
M.H.Gill & Co. Unlimited Company may at any time terminate or suspend any part of the service without notice to you.
13 - Invalidity
If any part of the terms of service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms of service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
14 - Governing Law
These terms and conditions shall be construed in accordance with the laws of Ireland and the courts of Ireland shall have jurisdiction to resolve any disputes between you and M.H.Gill & Co. Unlimited Company.
15 - Entire Agreement
The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and M.H.Gill & Co. Unlimited Company. Any waiver of any provision of the terms of service will be effective only if in writing and signed by a director of M.H.Gill & Co. Unlimited Company.