TERMS AND CONDITIONS

By using this website you agree to the terms and conditions as set out below.

All definitions used in the Cookie Policy and Privacy Policy shall be given their same meaning and interpreted accordingly in the following document.

1. Interpretation

In this Agreement, unless the context otherwise requires:

“Products or Services ” means all or any and not limited to providing general and personalised website content, website hosting services, communication tools, mobile applications through Publish.ie.;

“You”, “your” or “Customer” means the person or entity using the Subscription Service or receiving the Consulting service and identified in the applicable billing statement , Order form or Statement of Work as the customer;

“The User” means you, your employees, representatives, consultants, contractors or agents who are authorised to use the subscription service for your benefit and have unique user identifications and passwords for the subscription service;

“We” or “us” or “ours” means; Zadar Ltd.

“Agreement” means, these terms and conditions;

“Third Party Sites” means; any website which is not owned and or controlled by Zadar Ltd.

“Intellectual Property” means any patent, copyright, registered design, trade mark or other industrial or intellectual property right subsisting in the Territory in respect of the Products or Services and applications for any of the Company;

“Publish.ie Content ” means all data, text, images, software, sounds, videos, photographs, tags and similar that we incorporate into Publish.ie;

“The Site”: means Publish.ie and any affiliate websites.

2. Obligations of the User.

2.1 You are responsible for all texts, graphics, video material, audio material, audio visual material, scripts, software and files that you provide to us for uploading or safe-keeping in connection with the use of our services.

2.2 Zadar Ltd. is not legally responsible for any or all of your content.

2.3 You grant to Zadar Ltd. a worldwide, irrevocable, non-exclusive, royalty fee licence to use, store, change, adapt, publish and distribute your content in regard to your website. You represent and warrant that you obtain all rights to establish such a license.

2.4 You grant to Zadar Ltd. a worldwide, irrevocable, non-exclusive, royalty fee licence to use, store, change, adapt, publish and distribute any comments or feedback which you provide to us.

2.5 From time to time we will require login usernames and passwords for accounts you hold with third parties. On providing this information or providing us with access to third party accounts it is held that you have all legal rights to give us such access.

2.6 On agreeing to the terms of this agreement you certify that you are at least 18 years old.

2.7 Any services or materials which are provided to you will not be used for any unlawful activity.

2.8 You will not use the services and Publish.ie content that Zadar Ltd. provide you to impersonate another individual or that Zadar Ltd. have endorsed you without without Zadar Ltd. providing you authority to do so.

2.9 You will not upload any computer viruses or computer code which will, in any way, affect the ability of Zadar Ltd., or any other user, to use the service.

2.10 You must at all times access services through manual means. Any use of automated or non-manual methods of access is prohibited.

2.11 You must provide us with a valid email address and that any contact details which you provide to Zadar Ltd. is truthful and accurate.

2.12 You must at all times adhere to upload limits of 100mb (inclusive off all digital and audio files). Any site created which has more than 100 navigation pages is strictly prohibited.

2.13 You may not distribute any messages whilst using the Zadar Ltd. service without an accurate identification of the sender or origin of the messages or postings.

2.14 You will not attempt to share your account access information with any other person and will only access Zadar Ltd. services through approved Zadar Ltd. platforms.

2.15 You agree not to publish or provide links to any illegal, lewd, sexual explicit, violent, pornographic, untrue, false, inaccurate or misleading content on your website which may cause annoyance, inconvenience or needless anxiety to any person or may be seen to reasonably cause harm to another person.

2.16 You will not upload material that is considered spam by Zadar Ltd. and any uploads which contain unethical or advertisement content which is specifically designed to increase traffic flow to third party sites or to increase search engine rankings of third party sites is prohibited.

2.17 Zadar Ltd. has the sole right to determine whether or not any user, account or website is in violation of any term or condition contained in this agreement. Zadar Ltd. has the sole right to track and to store information on any user which Zadar Ltd. identifies as being in breach of the agreement. Zadar Ltd. has the right to restrict or cancel any account that Zadar Ltd. determines is being used for fraudulent and illegal purposes.

2.18 The user will be responsible for all content on their website. Zadar Ltd. will not be held legally responsible for any content which is not accurate.

2.19 It is the responsibility of the user to maintain records, documents and content that are sent by you.

2.20 All terms, conditions and/or privacy policies displayed on your website are your responsibility.

2.21 You must ensure that your hosted site designate Zadar Ltd. a third party beneficiary and such terms must include IP, limitation of liability, limitations of remedy, disclaimer of warranty and full indemnification provisions for the benefit of Zadar Ltd. and which must be as favourable to Zadar Ltd. as included n this agreement.

2.22 You must indemnify Zadar Ltd. and fully protect Zadar Ltd., its licensors agents, affiliates and subsidiaries against any loss, claim, damages, expenses or cost arising from or in connection with interaction with or reliance upon your host site.

3. Limitations on the User

3.1 Zadar Ltd. through its service provides the buyer with a platform to sell goods or services. Upon the selling of such goods, payments will be directed through a third party payment service provider. The buyer will be governed under the third party payment service provider’s terms and conditions and privacy policy. Zadar Ltd. are not responsible for any actions of the third party payment service provider.

3.2 You may not offer, display or sell any illegal products or services which have the potential to be counterfeit, stolen or fraudulent.

3.3 You may not offer, display or sell any products or services which have the potential to infringe IP rights of another.

3.4 Zadar Ltd. may prevent the selling of a good or service if they determine that it offensive or unreasonable.

3.5 You may not offer, display or sell any product or service which may infringe the privacy of another or may be defamatory.

3.6 Permission must be obtained when using any images or names of third parties, for selling, displaying or offering goods or services.

3.7 Any content, goods or services may be removed which is in direct violation of this agreement.

4. Payments and Taxes

4.1 You may accept a start up plan, business plan or professional plan which will form a contract agreement with Zadar Ltd.

4.2 You may at any time upgrade or downgrade your existing plan in your contract term. If you select to downgrade, the monetary difference in cost of the two plans will be held by Zadar Ltd. as a discount credit on your account and will be applied to future monthly payments for the remainder of your contract.

4.3 Your contract with Zadar Ltd. will renew automatically at the end of your original contract. If you wish to cancel the automatic renewal you must do so on the Zadar Ltd. website within 1 day prior to the end of your contract term. If cancellation of a renewal is carried out by any means other than on the Zadar Ltd. website, 4 days prior notice must be given.

4.4 Any services or support provided by Zadar Ltd. and its partners are done so for the fee outlined for each service on the Zadar Ltd. website and you are liable for the payment of such fees. Any free services or services that do not contain a fee will be outlined clearly to the user.

4.5 You may accept a free 14 day trial period with Zadar Ltd.. You must purchase the services of Zadar Ltd. within the 14 day trial period in order to retain any content or data uploaded to your website.

4.6 In the event that you purchase the services of Zadar Ltd. you expressly authorise Zadar Ltd. or our third party service provider to holding your card payment details.

4.7 You expressly authorise that Zadar Ltd. or our third party service provider may charge you for the applicable monthly fee for any service billed on a monthly basis, or, on any services you may have purchased or on any applicable taxes relating to the use of services directly to the payment card you supplied or to compensate for all or any collection costs and interest incurred for any overdue amounts.

4.8 If at any stage during your contract term the payment card which you provided expires, you give authorisation to Zadar Ltd. to continue billing you and you agree to be responsible for all sums owed in uncollected fees.

4.9 Zadar Ltd. is not responsible for any taxes or fees due in connection with commercial products. You agree to ensure that all taxes are paid in connection with the sale or purchase of commercial products.

4.10 All prices listed on The Site are inclusive of Vaue Added Tax (VAT).

5. Intellectual Property

5.1 ‘You’ will comply promptly and fully notify Zadar Ltd. of any actual, threatened or suspected infringement in any Intellectual Property of Zadar Ltd. which comes to the your notice.

5.2 Nothing in this Agreement will give ‘you’ any rights in respect of any trade names or trade marks used by Zadar Ltd. in relation to the Products or Services or of the goodwill associated therewith, and ‘you’ hereby acknowledges that, except as expressly provided in this Agreement, ‘you’ will not acquire any rights in respect thereof and that all such rights and goodwill are, and will remain, vested in Zadar Ltd.

5.3 ‘You’ will not use in the Territory any trade marks or trade names so resembling the trade marks or trade names of Zadar Ltd. as to be likely to cause confusion or deception.

5.4 ‘You’ will, at the expense of Zadar Ltd., take all such steps as Zadar Ltd. may reasonably require to assist Zadar Ltd. in maintaining the validity and enforceability of the Intellectual Property of Zadar Ltd. during the continuance of this Agreement.

5.5 Without prejudice to ‘your’ rights or the rights of any third party to challenge the validity of any Intellectual Property of Zadar Ltd., ‘you’ will not do or authorise any third party to do any act which would or might invalidate or be inconsistent with the Intellectual Property of Zadar Ltd. and will not omit or authorise any third party to omit to do any act which, by its omission, would have that effect or character.

6. Termination

6.1 Services provided by Zadar Ltd. may be terminated, without cause, at any time.

6.2 Zadar Ltd. Terms and Conditions may be cancelled by you by following the procedure set out in 3.3.

6.3 If you fail to carry out the terms and conditions of this agreement or fail to enforce any of the intellectual property protections set in place, Zadar Ltd. may terminate any services provided.

6.4 In the event of termination of services provided to you, Zadar Ltd. has the right to delete any data information and files stored on your account.

6.5 Zadar Ltd. reserve the right to alter, replace, deny or temporarily suspend services provided to the user.

6.6 Zadar Ltd. reserves the right to modify prices for the entire service to you at Zadar Ltd.’s sole discretion. These changes will commence once Zadar Ltd. have posted these changes on the site or by direct notification to you.

6.7 Zadar Ltd. reserves the right to delete or remove any content forming part or the entirety of your account with or without notice. Zadar Ltd. is not required to hold or provide copies of any content that you or your users generate or create when using the service.

7. Third Party Use

7.1 Links to third party (Third Party Sites) websites may be accessed on the site. When entering these third party sites Zadar Ltd. is not responsible for any content or activity of these third party sites and are not responsible for any services they may provide.

7.2 Zadar Ltd. is not responsible for any damage or loss incurred resulting from your use of any third party sites and or services not withstanding that you were directed to the third party site from the site.

7.3 It is the sole responsibility of the user to be aware and or to comply with any terms and conditions of a third party site.

7.4 Any link or reference provided on the site to a third party site is not an endorsement of that site, content or any terms and conditions that may be applicable on the third party site.

8. Warranty

8.1 Zadar Ltd. warrants that it will have the right to sell the products or services to you at the time at which title to the products or services is to pass to you, and further warrants that the products and services will be fit for such purposes as may be specifically notified in writing by Zadar Ltd. to you.

8.2 All other warranties, conditions or terms relating to the products or services (other than those provided for in Section 12 of the Sale of Goods Act 1893), whether implied by statute or common law or otherwise, are excluded.

9. Limitations on Liability

9.1 The information contained in 'The Site' is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided "as is" and "as available" and without warranties or conditions of any kind either express or implied (including without limitation, the accuracy, completeness or merchantability, quality or fitness for any particular purpose). We do not warrant or represent that the use or the results of the use of the Products available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights. Our liability in connection with any Product is strictly limited to the Price of that Product. Nothing in this paragraph will affect your statutory rights as a consumer.

10. General

10.1 We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including but not limited to any Force Majeure incident.

10.2 Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

10.3 The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

10.4 In the event of any problems with the site and or the services provided, you agree that your exclusive and sole remedy is to cease using the site, services and content. You agree that Zadar Ltd., its affiliates and or licensors are not responsible or liable for your use of the site and services.

11. Indemnification Clause

11.1 You agree to fully indemnify Zadar Ltd. and its officers, directors, employees and subsidiaries and assigns from all or any liability, loss, claim, damages expenses or costs made against the indemnified parties in regard to any claim arising from or directly associated with your use of our services, or anyone using your account, your content or any products you offer on the site. This indemnity includes any direct breach or violation of any part of this agreement by you or anyone who is using your account. You agree to fully assist at your expense as reasonably required by an indemnified party. Any indemnified party may take control of any issue for which it is indemnified hereunder. You have no authority to settle any matter which includes an indemnified party without the direct consent of the concerned indemnified party.

12. Modification of Terms

12.1 We reserve the right to change and update the Terms of the Website from time to time and recommend that you revisit this page regularly to keep informed of the current Terms that apply to your use of the Website. By continuing to access, browse and use the Website, you will be deemed to have agreed to any changes or updates to the Terms.

12.2 We reserve the right to change the Terms or policies regarding the use of the Website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.

13. Laws and Jurisdiction

13.1 All Contracts, in respect of, or in relation to, or in connection with, the products, services and any non-contractual obligations arising out of or in connection with any such Contracts are governed by and shall be construed in accordance with the laws of Ireland. For the benefit of us, you hereby agree that the courts of Ireland shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with the products and services or their sale to and purchase by you and, for such purposes, you irrevocably submit to the jurisdiction of the courts of Ireland.

Last Updated on 30th September 2015.

Zadar Ltd., 117-126 Sheriff St. Upr., Dublin 1, Ireland. CRO#: 567062. Director: N. Hickey.

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