Acceptance and Acknowledgement
This Agreement (the Agreement) outlines in detail the terms and conditions governing your access to and use of the www.firstcare.ie web site.
By entering and/or using the FirstCare.ie web site you are bound by the terms and conditions contained in this Agreement. These terms and conditions are critical to ensure your protection and ours. It is imperative that you take the time to read the terms and conditions in this Agreement. Should you have any questions about them please do not hesitate to contact us at hq [at] FirstCare.ie.
FirstCare.ie retains the right at all times, to adapt, alter or amend this Agreement and/or any part thereof. You are responsible for examining this Agreement on a continuing basis. Indeed your continued use of the FirstCare.ie web site is indicative of an acceptance by you of any modification to this Agreement and an approval to be bound by its terms.
Residents outside of Ireland
The FirstCare.ie web site is for the use of citizens of Ireland (32 counties). Residents of other countries are free to access and use the FirstCare.ie web site, however they do so at their own risk. It is the sole obligation of non residents to ensure that accessing and using the FirstCare.ie web site does not breach their local laws.
Third Party Sites
The web site may contain links which might navigate you away from the FirstCare.ie web site and access other web sites (“linked sites”). Such linked sites are not under the control of FirstCare.ie and therefore FirstCare.ie is not accountable for the subject matter and/or content of any linked sites or any link contained in a linked site or any changes or updates to such sites. FirstCare.ie is not accountable for web casting or any other form of transmission received from any linked site.
FirstCare.ie is merely providing these links to you as a convenience and the insertion of any link does not amount to an endorsement by FirstCare.ie of the site nor does it imply any association with their operators.
Dealings with Advertisers
Any dealings or correspondence with, or participation in promotions and/or advertisers established on or through the FirstCare.ie web site are solely between you and such advertiser. Consequently and as a result of this you agree that FirstCare.ie will not be accountable or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the FirstCare.ie web site. You should check specifications of vehicles with the seller of the vehicle before committing to a purchase.
Intellectual Property / Copyright
All materials published on the FirstCare.ie web site including, but not confined to, product descriptions, photographs, images, illustrations, pricing information and reviews are protected by copyright and owned or controlled by FirstCare.ie.
You hereby agree that all trademarks, trade names, service marks, rights (unregistered or registered) in any designs, applications for any of the foregoing; business or trade names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including software, software architecture, design or code including source and object code, data specifications, drawings, instructions, programs, developments, methods, techniques and improvements; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the FirstCare.ie web site (hereinafter referred to as “Intellectual Property”) are solely owned by FirstCare.ie.
You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. Any other trademarks, company logos and product names cited herein are the property of their respective owners.
The graphics, text, web site design, the selection and arrangement thereof and all software are copyright of FirstCare.ie.
Apart from the express consent permitted by these terms and conditions, you are not permitted to, adapt, alter, copy, download, display, reproduce, redistribute, republish, transmit, create derivative works from or otherwise extract or re-utilise any of the contents of this site. You must not cache any of the contents for access by third parties nor mirror or frame any of the content of the site nor incorporate it into another website without our express written permission.
Limitation of Liability
FirstCare.ie does not make any warranty that the web site is unfettered from infection by viruses or any other thing that has contaminating properties and we do not accept any liability for any claims or losses arising from any inability to access the FirstCare.ie site. Furthermore, FirstCare.ie will not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising (including, but not limited to, an action in negligence, contract or other tortious action) that develops from the use of material and information available on the FirstCare.ie web site.
The information and material contained in the FirstCare.ie site including, but not limited to, images, product descriptions, photographs, illustrations, pricing information and reviews may contain typographical errors and inaccuracies. FirstCare.ie does not warrant the completeness or accuracy of the information or materials or the reliability of any advice, statement, opinion or other information displayed or distributed through the FirstCare.ie web site. You acknowledge that any reliance on any such opinion, statement, information or memorandum shall be at your own risk. FirstCare.ie reserves the right in its sole discretion to correct any omissions or errors in any part of the FirstCare.ie web site.
The FirstCare.ie web site, the material and information on the FirstCare.ie web site are administered “as is” without any representation or warranty, implied or express, of any kind, including, but not limited to warranties regarding merchantability, non-infringement, fitness for any particular purpose and title. Please note that all vehicles are subject to prior sales.
FirstCare.ie does not attempt to make any warranty, guarantee nor any representation regarding the quality of or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies on the
FirstCare.ie web site. FirstCare.ie will not be liable for any failure to perform any of its duties under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, war, strikes, industrial disputes, lock-outs and breakdown of internet services or other computer services
Indemnity and Waiver
You hereby agree to indemnify and keep indemnified FirstCare.ie its successors and assigns and each of its respective directors, officers, agents and employees from and against any and all liability, losses, damages, claims (including reasonable legal fees) caused in any way from your use of the material and information posted on the FirstCare.ie site or resulting from any breach of this Agreement whether such breach is carried out by you, your use of the FirstCare.ie web site, your connection to the FirstCare.ie site or your contravention of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the FirstCare.ie web site is done at your own risk and discretion and that you waive any right to bring any action or claim against FirstCare.ie or its successors, officers, assigns, employees, directors and agents for any damage, injury or loss arising from your access to or use of the FirstCare.ie site.
Prohibited or Unlawful Use
You hereby acknowledge and warrant to FirstCare.ie that you will not use the FirstCare.ie web site for any purpose that is prohibited or unlawful by these terms and conditions
You are prohibited from using the FirstCare.ie web site in any manner which would disable, overburden, and damage or impair the FirstCare.ie web site or frustrate any other party’s use and enjoyment of the FirstCare.ie web site. You may not acquire or attempt to acquire any information or material through any means not intentionally made available or provided for through the FirstCare.ie web site.
You hereby agree that you will not avail the contact details of advertisers to sell or canvas to them.
You hereby agree to indemnify and keep indemnified FirstCare.ie its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, losses, damages, claims (including reasonable legal fees) resulting in any way from any such uploading, posting, publication, distribution or dissemination of any such information or material on the FirstCare.ie web site.
You hereby agree and warrant that you will not upload, publish, upload, post or disseminate any material or information on the FirstCare.ie web site that infringes any copyright or intellectual property rights of any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any content or images that are in any way harmful, threatening, defamatory, unlawful, obscene, harassing or racially, ethically or otherwise objectionable and aides or promotes violence, discrimination or illegal activity or depicts sexually explicit imagery.
FirstCare.ie retains the right to subcontract or assign any or all of its rights and obligations under this Agreement.
Modifications to FirstCare.ie web site
FirstCare.ie retains the right from time to time and indeed at any time to modify or discontinue temporarily or permanently, the FirstCare.ie web site (or a part thereof) with or without forewarning. You acknowledge that FirstCare.ie will not be liable to you or any third party for any modification, suspension or discontinuance of the FirstCare.ie web site.
Should FirstCare.ie pursue its right to modify or discontinue the FirstCare.ie web site; FirstCare.ie will not be liable to you or any third party.
This Agreement constitutes the entire Agreement between you and FirstCare.ie. Furthermore this Agreement takes precedence over any prior agreements, statements, arrangements and understandings between FirstCare.ie and you.
A waiver by FirstCare.ie of any breach by you of any of the terms, provisions or conditions of this Agreement or the acquiescence of FirstCare.ie to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid will not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
If at any time any one or more provisions of this Agreement will be held to be invalid, illegal or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will continue in full force and effect.
If you are dissatisfied any material or information posted on the FirstCare.ie web site or if you are unhappy with the FirstCare.ie web site the, or with any term or condition of this Agreement, your sole and exclusive remedy is to desist from using the FirstCare.ie site.
This Agreement will be governed by the laws of Ireland and you hereby acknowledge to the exclusive jurisdiction of the Irish courts in all matters regarding it.