2 – Accessing our Website
2.1
Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Website, at any time and for any reason, without notice to you. We will not be liable for any reason if our website becomes unavailable at any time or for any period.
2.2
To place an order for the first time for any products advertised on our website you must complete a registration. On receipt of your registration, we will send email notification once account has been approved and activated. At this point, you will have full access to our website and be enabled to see prices and place orders. Each registration is for a single user only. Your account details can be updated at any time.
3 – Reliance on information displayed
3.1
Whilst we endeavour to ensure that the information contained on our website is current, accurate and up-to-date at the date of publication, we make no guarantees, conditions, representations nor give warranties (express or implied) as to the reliability, accuracy or completeness of such information. We exclude liability for any direct, indirect or consequential loss or damage arising from the use of or any action taken in reliance on any information appearing on our website. This does not affect our liability for death or personal injury arising from our negligence, nor for fraud or misrepresentation as to a fundamental matter or other liability that cannot by law be excluded.
4 – Buying goods through our Website
Contracts for the sale of goods formed through our website are governed by our Terms and Conditions of Purchase. Please read the Terms and Conditions of Purchase carefully. Please understand that if you do not agree to the Terms and Conditions of Purchase, you will not be able to order any products from the Website.
5 – Privacy and information about you and your visits to our Website
We process information about you in accordance with our Privacy Statement. By using our Website, you consent to such processing and you warrant that all personal information provided by you is accurate. Please read our Privacy Statement carefully.
6 – Intellectual Property Rights Policy
6.1
We are the owner or licensee of all intellectual property rights on our website and of the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
6.2
You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Website nor introduce any modifications to the products supplied by RODARI EYEWEAR unless you have first obtained a licence in writing from us.
6.3
Use of the Website does not constitute a licence to use in any way, any of the registered or unregistered Trademarks owned by, or licensed to, the RODARI EYEWEAR, including but not limited to the words and logos of ‘RODARI EYEWEAR’, ‘RODARI’, ‘BLINX’, ‘EYESPY’.
6.4
You are permitted to download and print extracts from the Website for your own personal, or non-commercial use. However,any other use of our website including the reproduction, modification, distribution, transmission, republication, display or performance of the content of our website without prior written consent from RODARI EYEWEAR is strictly prohibited.
7 – Rules for use of content
7.1
You may not ,in any way, commercially exploit any content obtained from our website without the express written permission of RODARI EYEWEAR and must abide by the trademark, copyright and other proprietary restrictions and licenses displayed on our website.
8 – Viruses, hacking and other offences
8.1
You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs, corrupted data or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.
8.2
By breaching Clause 8.1, you would commit an offence and 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.
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 our Website or to your downloading of any material posted on it or on any website linked to it.
9 – Linking to our Website
9.1
You may link to our home page, provided you do so in a way which is fair and legal and does not damage our reputation or take advantage of it. Such linking must comply with our Intellectual Property Policy set out above in Clause 6. 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. You must not establish a link where your website contains content that is distasteful, offensive or controversial, infringes the intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations.
9.2
You must not establish a link from any website that is not owned by you.
9.3
Our Website must not be framed on any other website.
9.4
You may not create a link to any part of our website except for the home page.
9.5
We reserve the right to withdraw linking permission, for any reason and at any time, without notice to you.
10 – Links from our Website
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.
11 – Changes to the Website
RODARI EYEWEAR reserves the right to make changes to the website, policies and these Terms of Use for any reason and at any time. You will be subject to the Terms of Use in force at the time that you use the website. You should check the website intermittenly to review the current Terms of Use.
12 – Indemnity
12.1
You agree to indemnify RODARI EYEWEAR from any proceedings brought against it to the extent that such proceedings arise in connection with your use of the Website in breach of the Terms of Use, including the Intellectual Property Policy (set out above in Clause 6), or with any claim for infringement of any third party intellectual property rights, or with any claim for defamation arising from your particular use of the Website, including any information which you enter on the Website
13 – Disclaimers and Limitation of Liability
13.1 You agree that the Website, including the content, is provided free of charge. RODARI EYEWEAR will not be liable to you or any person for any loss or damage of any kind which may arise from the unauthorised use of the Website and the use of any information contained within it.
13.2 The Website is intended for use within the Republic of Ireland and the UK.RODARI EYEWEAR make no representation that any product referred to on the Website is appropriate for use, or available, outside the Republic of Ireland and the UK. Those who choose to access this site outside of the Republic of Ireland and the UK are responsible for compliance with local laws to the extent that local laws are applicable.
13.3 By using this Website, you consent to these Terms of Use and disclaimers, as defined by RODARI EYEWEAR. RODARI EYEWEAR reserves the right to change these Terms of Use and disclaimers at any time and will publish a notice on the Website when that occurs.
13.4 RODARI EYEWEAR does not limit or restrict it’s liability for fraudulent misrepresentation , death or personal injury should it arise from the negligence of it, it’s directors, it’s employees, affiliates or other representatives or for any liability that cannot by law be excluded.
13.5 RODARI EYEWEAR will use their reasonable endeavours to ensure that the website is fully operational at all times. Due to the nature of the Internet, RODARI EYEWEAR cannot fully guarantee that the website will be free from delays, interruptions or errors.
14 – Waiver
If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach these Terms of Use.
15 – General
15.1
If any of these Terms of Use is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15.2 The Website is provided “as is” and RODARI EYEWEAR excludes all warranties, conditions and representations of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of any information featured on the website . Furthermore, we do not guarantee that any information or content on our website is free of defects or viruses.
16 – Jurisdiction and applicable law
The Terms of Use shall be construed in accordance with Irish law. Disputes arising in connection with the Terms of Use or use of our Website will be subject to the non-exclusive jurisdiction of the Irish courts.