TERMS AND CONDITIONS OF USE
1.1 This website, www.carbery.com, (the “Site”) is provided by Carbery Food Ingredients Limited, a company incorporated in Ireland with registered number 22819 having its registered office at Ballineen, Co. Cork. (“Carbery”, “our”, “we” or “us”).
1.2 As user of the Site (“you”, “your”) you acknowledge and agree that the use of the Site is governed by these terms and conditions (the “Terms”). Please read the Terms carefully before using this Site as they contain important information about your rights and obligations. If you have any questions about these Terms please email us at firstname.lastname@example.org.
1.3 By accessing and viewing the Site you agree that you have read, understood and become bound by the Terms. If you do not wish to be bound by the Terms you may not use the Site.
1.4 Carbery reserves the right, in its discretion, to delete or deactivate the Site, block user email or IP addresses, or otherwise terminate user access to or use of the Site (or any part thereof), immediately, without notice and remove and discard any user content within the Site, for any reason, including, without limitation, if Carbery believes that the user has acted inconsistently with the Terms. You agree that Carbery shall have no liability to you or any third party for any termination of your access to the Site.
2.1 All material. Content and information on the Site is for general information purposes only and does not constitute advice. You should not assume that the content on the Site is continuously updated or otherwise contains current and/or accurate information
2.2 Neither Carbery nor any of its affiliates make any representation or warranty, express or implied, concerning material, content and information on this Site, which are provided “as is”. Carbery and its affiliates exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to the viewing, use or performance of this Site or any information provided through this Site.
2.3 Your use of the Site is at your own risk. To the fullest extent permitted by applicable law, neither Carbery nor its affiliates shall, under any circumstances, be liable to you in contract, tort (including without limitation negligence) or otherwise howsoever for any direct, indirect, incidental, special, punitive or consequential loss that results from your use of or access to, the Site or any material, information or content thereon (including but not limited to any loss: (i) arising out of or in connection with the use of or the inability to use the Site; (ii) arising out of or in connection with any changes to the Site; (iii) arising out of or in connection with any material or data sent or received or not sent or received or lost; or (iv) that otherwise arises out of or in connection with the Site or any content, material or information thereon) including but not limited to any such loss suffered as a result of our negligence or any inaccuracy, act, error, omission or any other cause and whether or not on the part of Carbery or any of its affiliates or the servants, agents, contractors of Carbery or any of its affiliates or any other person or entity even if such loss is foreseeable or we have been advised of the possibility of it. Without prejudice to the foregoing, neither nor Carbery nor its affiliates shall be liable in contract tort (including without limitation, negligence) or otherwise howsoever to you for any direct or indirect loss of profit, data, opportunity or reputation.
2.4 The disclaimer in this section 2 shall not operate to exclude any term, warranty or liability that may not be excluded under Irish Law.
3. INTELLECTUAL PROPERTY AND MATERIALS
3.1 You agree and acknowledge that all intellectual property including but not limited to, copyright, moral rights, patents, trademarks, trade name, service marks, designs (software or otherwise), database rights, whether registered or unregistered generally present and future in and relating to the Site (the “Intellectual Property”) belong and shall belong exclusively to Carbery.
3.2 You may not reproduce, distribute, modify, sell, display, exploit or otherwise use any of the Intellectual Property. All trade marks names or logos of third parties are the property of their respective owners.
3.3 The design of the Site, text, graphics, content, material, information and software thereof are copyright of Carbery.
4. THIRD PARTY LINKS
4.1 The Site may contain links to other websites. In no way should this be interpreted as an endorsement of any company, content or products to which this Site links. If you decide to access any of third party websites linked to the Site, you do so entirely at your own risk. Carbery makes no representation or warranty whatsoever about any other website which you may access through the Site.
4.2 Carbery is not responsible for the availability or content of any third party site and shall not be liable for any loss, or damage arising out of or connection with the use (or non use) or reliance on such third party sites.
4.3 Please note that third party sites may send their own cookies to users to collect data or solicit personal information, and you are therefore advised to check the terms to use and/or privacy and cookie policies/statements on those third party sites prior to using them
6.1 Law: These Terms (terms, conditions, disclaimers and exclusions) shall be governed by, and construed in accordance with, the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction to settle all disputes that arise out of or in connection with the Terms.
6.2 Communications: You acknowledge and agree that the nature of communication via the Internet is such that Carbery does not guarantee the security, privacy or confidentiality of communications transmitted via the Internet from unauthorised access, interference or interception by third parties. No liability will attach to Carbery in the event of unauthorised access, interference or interception by third parties to the Site or any of your content or any communication system.
6.3 Language: These Terms are made only in the English language and any translation of the English language version of these Terms is provided for convenience only. If there is any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version shall prevail.
6.4 Changes to the Terms and Conditions: We may, at our discretion and without notice, amend the Terms from time to time, the most recent of which will be located on the Site.
6.5 Modifications to the Site: We may, at our discretion and without notice suspend, terminate, modify or vary content available on the Site and restrict access to, and availability of, the Site.
6.6 Severability: If the whole or any part of a provision of these Terms is or becomes illegal, invalid or unenforceable, then the provision so found shall be deemed severable and deleted from them.
6.7 Assignment: We may, at our discretion assign or transfer any right, title or interest in this Site to any successors in title to our business or to a third party.
6.8 Availability of our Site: We will try to make our website available but cannot guarantee that our Site will operate continuously or without interruptions or will be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website router or any other Internet connected device.