These are the terms and conditions governing the use of, www.cairnhomes.com (the "Site"), and the information which appears on it (the "Terms"). The Site is operated by Cairn Homes plc , a company registered in Ireland with company number 552564 and registered office address of 7 Grand Canal, Grand Canal Street Lower, Dublin 2, D02 KW81 (the "Company", "us", "we" or "our") and these Terms set out the rights and obligations of all users ("you"/"your") in relation to your use of the Site. Please read carefully these Terms and our Privacy Statement and Cookies Policy. By using the Site you are consenting to be bound by the then current Terms and our Privacy Statement and Cookies Policy. We may revise the Terms and information contained on the Site at any time and without notice. If you do not agree to these Terms, the Privacy Statement or the Cookies Policy, please refrain from using the Site.
Accessing our Site
2.1. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We do not guarantee that our Site, or any content on it, will always be available or will be uninterrupted. We reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.2.2. [From time to time, we may restrict access to some parts of the Site, or the entire Site, to certain users. The information provided on this Site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. If you are not permitted to view this content or are in any doubt as to whether you are permitted to view this website, you must exit this Site.]2.3. You are responsible for making all arrangement necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Terms, and that they comply with them.
Intellectual property rights
Reliance on information posted
4.1. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this Site.4.2. [The information which appears on the Site is not an invitation to invest in shares or other securities, or any other products or services or otherwise deal in these or enter into a contract with the Company or any other company. The information provided should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such. You are responsible for undertaking any investigation and due diligence into the nature of any matter, including without limitation any investment, which may come to your attention as a result of accessing our Site. 4.3. Although we make reasonable efforts to update the information on our Site, we make no representation, warranties or guarantees, whether express or implied, that the content on our Site is accurate complete or up to date. Neither the Company nor its suppliers can be held liable for any inaccurate information. Investors use the Site at their own risk. Investors should note that the value of an investment in the Company and the income therefrom may fall as well as rise and investors may not get back the amount originally invested.]
Our Site changes regularly
5.1. We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.5.2. Each time you use our Site you will be bound by the then current Terms and our Privacy Statement and Cookies Policy and you should review these each time you access and use our Site to satisfy that you are happy with them
6.1. The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.6.2. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:6.2.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;6.2.2. any liability for loss or damage incurred by any user in connection with the use, inability to use, or results of the use of our Site, any sites linked to it and any material posted on it; and6.2.3. any liability for any direct, special, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any sites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.6.3. Nothing in this Section 6 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law
Information about you and your visits to the Site
7.1. We process information about you in accordance with our Privacy Statement and Cookies Policy. By using the Site, you consent to such processing and you warrant that all information provided by you is accurate and that you have the consent of all whose personal data have been disclosed, for such processing of their personal data.
Viruses, hacking and other offences
8.1. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or any other material which is malicious or technologically harmful or similar computer codes designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.8.2. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.8.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
Suspension and termination
9.1. We will determine, in our discretion, whether there has been a breach of the Terms through your use of our Site. When a breach of the Terms has occurred, we may take such action as we deem appropriate.
Linking to the Site
10.1. You may link to our Site via the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Any link to the Site must comply with the following conditions: 10.1.1. You must not establish a link from any website that is not owned by you;10.1.2. You must not remove, distort, alter the size or appearance or otherwise use any Company trademarks or logos;10.1.3. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the homepage.10.1.4. You must not present any false information about the Company or the Site;10.1.5. Any website from which you establish a link must not contain content that is distasteful, offensive or controversial, infringe any intellectual property rights or other rights of any other person and must comply with all applicable laws and regulations. 10.2. You agree to fully indemnify the Company for any loss of damage suffered by it or any of its group companies for breach of this Section 10.10.3. We reserve the right to withdraw linking permission without notice.
*Links from the Site * 11.1. Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you do decide to access any of these third party websites you do so entirely at your own risk.
If we fail to insist upon strict performance of any of our obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of your obligations under these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
*Jurisdiction and applicable law * 13.1. The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.13.2. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.14. Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to the extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you have any concerns about material which appears on our Site, please contact us at firstname.lastname@example.org
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To be considered further in connection with website jurisdiction filter advice to be provided by Pinsent Masons. Subject to further review from a regulatory perspective.