IMPORTANT LEGAL NOTICE
Your use of this website is subject to our terms and conditions of use set out below, and by using this website you are agreeing, and you are signifying your agreement, to be bound by these terms and conditions. Reference to "Kitchen Index" in these terms and conditions of use refers to KitchenIndex.ie. If you do not read our terms and conditions of use, you should not use this website.
Kitchen Index reserves the right to alter the terms and conditions at any time by placing an altered set of such terms and conditions on the web site which shall be effected upon placement thereon. The use of the web site at any time after such amendment would be regarded as full acceptance by you of the altered terms and conditions governing the use of the web site and the services provided.
These terms and conditions issued on the 1st October 2009 supersede any terms and conditions previously issued, whether they be in writing or on the Kitchen Index website.
GENERAL TERMS AND CONDITIONS OF USE
Use of website
- This website and the directory are made available for personal use only. You may not use the website or the directory for any commercial purpose including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires a separate and specific agreement with Kitchen Index.
Content on the website
- Care has been taken in compiling the directory. However, as the directory is compiled using information provided by Users (including Advertisers) and a range of other sources, Kitchen Index does not warrant or represent that the directory is free from errors or omissions, duplicate data, or any unlawful, offensive or otherwise objectionable content, that the statements made by or attributed to a party are accurate or that the published address of any party is the address at which a telephone call directed to that party is answered. Please refer any inaccuracies to the attention of our Online Advertiser Service Centre at (insert e-mail address).
- Kitchen Index occasionally receives requests to remove listings from the directory. Kitchen Index reserves the right to address such requests on a case-by-case basis. Such requests should be addressed to (insert e-mail address).
Third Party Sites
- The directory contains, among other things, information provided by third parties as well as links to third party websites and/or other third party resources ("Third Party Resources").
- All information accessed at or via the directory is provided ’as is’ without any express or implied warranty. Kitchen Index and its contractors, employees or agents take no responsibility for the content, Third Party Resources or Internet sites that link from, or to, the directory or for any partner site displaying all or part of the directory and associated products and services.
- Kitchen Index does not have a practice of monitoring or making inquiries about the content of Third Party Resources. Kitchen Index is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Resources, their content or any products or services which they offer. Content contained on Third Party Resources does not represent the views of Kitchen Index.
- Links are provided by Kitchen Index to other websites that offer goods and services for sale. When you place an order for the purchase of goods and services on those websites, your contractual relationship will be with the merchant selling those goods or providing those services and will be subject to the terms and conditions, if any, made available to you by the merchant. Kitchen Index will not be a party to any such contract and accepts no responsibility for non-delivery or delayed delivery of any such good or service (whether in whole or part) whether as regards the nature, quality or merchantability of such good or service, the fitness for the purpose for which they have been sold or for any other purpose.
- Any information (other than a listing) contained on the website is general only. It does not purport to be comprehensive. It represents the views of the writer only and not the views of Kitchen Index. Kitchen Index makes no representations or warranties as to the accuracy of this information. Users should not act on the basis of information contained on the website without making their own enquiries.
Copyright and Reproduction Notice and Limited License
- The information, content, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos (the "Materials") contained in this website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. You are granted a limited license solely for your own personal, non-commercial use to refer to, bookmark or point to any page within this website, and to download the Materials contained on this website to a single personal computer, and to print a single hard copy of the Materials contained on this website for your own personal reference, provided however that all copyright, trade mark and other proprietary notices are left intact. The grant of this limited license is conditional on your agreement to, and compliance with, all of these terms and conditions of use. Any other use of the Materials on this website, including any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilisation, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of Kitchen Index, is strictly prohibited and is in violation of the proprietary rights of Kitchen Index.
- All intellectual property in relation to material included on the website belongs to Kitchen Index or its licensors or Advertisers, and Users obtain no interest in that property. Users may not do anything which interferes with or breaches those intellectual property rights.
Users (including Advertisers) must not
- Use the website for any purpose or in any way which is contrary to these terms and conditions or which is unlawful;
- Submit to the directory any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether registered or unregistered) or other rights of any person in any jurisdiction in the world;
- Submit to the directory or, if applicable, any website linked to a listing in the directory, any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
- Submit or otherwise link to the directory or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
- Otherwise damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Kitchen Index or do anything that compromises the security and/or stability of the website or the directory;
- Use the directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email;
- Mirror the website’s home page or results pages on any other website; or
- Send automated queries of any kind to the website or the directory without express written permission of Company.
Limitation of Liability
Kitchen Index gives no guarantee of continued availability and accuracy of any particular product or service advertised or referred to on the website. Kitchen Index will not be liable for any loss or damages:
- if the website is unavailable (by virtue of interruption, suspension or termination) for any reason;
- if there is a deficiency or inaccuracy in the website even where it is attributable to a lack of maintenance of the website;
- in relation to a notice or advertisement not appearing in accordance with instructions;
- in relation to the correctness, accuracy, currency, completeness or otherwise of information contained on the website;
- in relation to the supply of services or products on or in relation to this website;
- in relation to use of listings in the directory by persons engaged in mass email, spamming activities, denial of service attacks or other like activities; or
- in relation to the positioning or placing of an advertisement is at the company’s discretion.
To the fullest extent permitted by applicable law, neither Kitchen Index nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials, Software and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Kitchen Index has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
- On using this website and its services, Users (including Advertisers) indemnify Kitchen Index, its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statue or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, in relation to:
- any activity that is expressed in these terms and conditions to be the responsibility of the User or Advertiser;
- any advertisement placed on the website or information made available on the website or use of or reliance on that information or advertisement; or
- a breach of these terms and conditions.
- Users (including Advertisers) shall indemnify Kitchen Index, its officers, employees and agents in relation to defamation, liable, slander of title, infringement of copyright, infringement of trademarks or names of publication titles, unfair competition, breach of any fair trading legislation, violations of rights of privacy, confidential information, licenses, loyalty rights or other intellectual property rights.
All use by you of this website is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading and/or using of, or referring to or relying on, Materials, Software, or any other information obtained from your use of this website. You agree that Kitchen Index and providers of telecommunications and network services to Kitchen Index will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto, and whether based on contract, tort or other grounds.
This website is available to all users "as is" without any representations or warranties of any kind, either express or implied. Kitchen Index makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Kitchen Index accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Kitchen Index, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website. There are certain inherent risks in using the Internet and the World Wide Web. Kitchen Index makes no representations, warranties or undertakings about:
- Any of the Materials or Software on this website, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose; or
- Any content of or information on any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link ("third party site"). Kitchen Index does not endorse or approve the content of any third party site, nor will Kitchen Index have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any third party site, and any and all liability, which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any third party site is excluded.
Any content or information received on or via this website should not be relied on for important personal, financial or business decisions, and you should consult an appropriate professional for advice which is specifically tailored to your particular circumstances. You acknowledge and understand that Kitchen Index may have opinions from time to time with regard to any of the content of or information on this website which may be different from those obtained by using or accessing the content of and information on this website, and that Kitchen Index is not advising you in relation to the nature, potential, value or suitability of any particular asset or security, portfolio of assets or securities, transactions, investment strategy or other matter, and that no mention of a particular asset or security on this website constitutes a recommendation to buy, sell or hold that or any other asset or security. Content and information received via this website is supplied by sources believed to be reliable. However, calculations made using such data, and opinions expressed in relation to such data, are not guaranteed by these sources, Kitchen Index, or any other person or entity, and may not be complete.
Kitchen Index reserve the right to change the content, presentation, performance, user facilities and availability of any part of this website at its sole discretion, including these terms and conditions of use, and you should check these terms and conditions of use regularly for any changes.
These terms and conditions are subject to warranties and liabilities that cannot by law be disclaimed and Kitchen Index’s liability for any breach of this type of warranty in relation to supply by it of services to Users is limited to, at Kitchen Index’s option, supply of the services again, or the payment of the cost of supplying the services again.
Data Protection, Registration and Privacy Statement
Kitchen Index and its associated companies (if any) respect your right to privacy. Visitors should be aware that each time they visit a website two general levels of information about their visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the site, and the second is information that is personal or particular to a specific visitor who knowingly chooses to provide that information. Kitchen Index's policy is to respect and protect the privacy of our Customers and will never willfully disclose individually identifiable information about its Customers to any third party without first receiving that Customer's permission.
The statistical and analytical information provides us with general and not individually specific information about the number of people who visit this website; the number of people who return to this site; the pages that they visit; where they were before they came to this site and the page in the site at which they exited. This information helps us monitor traffic on our website so that we can manage the site's capacity and efficiency. It also helps us to understand which parts of this site are most popular, and generally to assess user behaviour and characteristics in order to measure interest in and use of the various areas of the site.
Throughout this website you may have an opportunity to send us information relating to you such as through the "Contact Us" pages or any other area where you may send e-mails, request brochures, enter contests or respond to any promotions. By choosing to participate in these, you will be providing us with some level of personal information relating to you. This information will only be used by Kitchen Index for:-
- the purposes for which it was provided by you;
- verification purposes and statistical analysis;
- to provide you with details of products, services, contests, competitions or promotions being provided or run by Kitchen Index or any of its associated companies or any third party that we may select and which we may think would be of interest to you, unless you have otherwise specifically opted not to receive this information.
You agree, warrant and undertake not to make use of the site in such a way as to:
- allow directly or indirectly the use of the site for the purpose of gaining information about any other persons without their consent;
- place, publish, transmit, transfer or otherwise communicate any information, data, software or programme which contains any virus, worm or other material which is capable of being harmful or damaging to others;
- be in breach of any legislation governing an individual’s privacy including but not limited to the Data Protections Acts as may be amended from time to time;
- interfere or obtain any unauthorised access to the web site of other users or customers of the site.
Severability of some clauses
If any part of these terms and conditions are unenforceable the remainder will not be affected
ADDITIONAL TERMS AND CONDITIONS FOR ADVERTISERS
All Advertisers agree to be bound by the general terms and conditions set out above as well as these additional terms and conditions, as applicable.
Advertisers agree to comply with Kitchen Index’s Content Policy, which forms part of these standard terms and conditions.
Kitchen Index may remove, revise or refuse to publish any Advertiser material. Kitchen Index reserves the right to include or exclude entry to, or remove a business from the directory. Kitchen Index will determine the utilisation of all keywords, category and other material used to describe or categorise a business listing for all purposes relating to the directory.
The Advertiser indemnifies Kitchen Index for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Kitchen Index directory, on the website or any of its printed material.
No Advertiser assignment
The Advertiser may not assign its rights or obligations under any agreement with Kitchen Index without the written consent of Kitchen Index.
The Advertiser will provide all relevant material ("Advertiser material") to Kitchen Index for use on the website in accordance with any requirements of Kitchen Index including as to deadlines and delivery formats. The Advertiser warrants that it is entitled to use the Advertiser materials and to authorise Kitchen Index to use those materials as contemplated. The Advertiser warrants that all the Advertiser material is accurate. If any of the Advertiser material changes during the term or any follow-on term the Advertiser must notify Kitchen Index in writing and request Kitchen Index to modify the service to account for the changes. Kitchen Index takes no responsibility for any of the Advertiser’s material.
Term of advertising contract
The Anniversary date of the first term begins on the date the Advertiser’s listing is "sold". At the end of the initial term this agreement will automatically continue, if chosen by the advertiser, for successive follow-on terms unless and until it is terminated in accordance with the Termination clause.
Price and payment
1. Please contact Kitchen Index for our rate card. The information on that page forms part of this Agreement. These subscription prices may be varied from time to time. Any increase in prices for the service will be shown on the rate card and will be effective from the date of posting.
2. All prices quoted are exclusive of VAT.
3. You shall pay all sums due to us under this Agreement by the means of the payment specified in our website and without any set-off, deduction, counterclaim and/or any other withholding of monies.
4. No payment or refund will be given to you for any downtime in respect of the service or for your inability to access the service due to technical problems beyond our control.
Automatic renewal (If chosen by advertiser)
1. All membership subscriptions automatically renew during the last day of the subscription term which is about to lapse. The relevant amount will be debited from your account or charged to the credit card used for your original transaction.
In the case of you taking advantage of a reduced price special offer, the product will auto renew at the ’standard’ price of that product at the time of taking the first subscription. This continues until you decide to cancel the automatic renewal.
Renewal cancellation can only be effected up to one day prior to the end of the current term of your subscription.
2. The price for your subscription will be charged to the credit card used for your original transaction.
3. Should your original subscription be by direct debit, automatic renewal shall occur and your account will be debited following notification.
Liability and Advertiser’s Indemnity
- If Kitchen Index is the cause of any error or omission in the Advertiser material and the Advertiser suffers loss or damage as a result, Kitchen Index’s maximum liability to the Advertiser will be a refund of fees, the amount of the refund being calculated on a pro rata basis with reference to that period of the relevant term during which the error or omission was displayed as a proportion of the entire term for which fees and charges were paid by the Advertiser for services in relation to that Advertiser material.
- The Advertiser indemnifies Kitchen Index against any successful claim by any third party against Kitchen Index in respect of any matter arising from the operation, use, transfer of data or money to and from Kitchen Index by the Advertiser.
- By lodging material including electronic material or data for publication or authorising or approving the publication of any material with Kitchen Index, the Advertiser indemnifies Kitchen Index and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and, without limiting the generality of the above, Advertisers and or advertising agencies indemnify Kitchen Index and its directors, employees and agents against any claims arising from:
- defamation, libel, slander of title;
- infringement of copyright;
- infringement of trade marks or names of publication titles;
- unfair competition;
- breach of trade practices, privacy or fair trading legislation; and
- violation of rights of privacy or confidential information or licenses or royalty rights or other intellectual property rights.
- Only Kitchen Index may, at its sole discretion, allow you to cancel your contract.
- Notification of intent to cancel must be provided in writing or by email to (insert e-mail address).
- Should Kitchen Index approve this cancellation, a cancellation fee of €249 will apply. You are responsible for all charges incurred up to the time the account is cancelled, including all charges for the month in which cancellation became effective.
- Refunds must be approved by management and will be processed within 15 working days.
- The yearly subscription amount that has already been spent will not be refunded under any circumstances.
- Kitchen Index reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. Kitchen Index may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
This agreement may be terminated in the following ways:
- At any time the Advertiser and Kitchen Index agree in writing.
- By one (1) month written notice from either party to the other during the follow-on term.
- By Kitchen Index without notice if:
- the Advertiser (being an individual) is declared bankrupt; or
- any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for the Advertiser to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy.
- Nothing prevents Kitchen Index from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.
- If the Advertiser at anytime exceeds Kitchen Index’s payment terms and as a result is passed on for collection and or legal action Kitchen Index may placed a default against the advertiser with a credit reporting agency.
Any notice to be served to Kitchen Index under this agreement must be served personally by post, facsimile or email to Kitchen Index at (insert contact details).
In this agreement, where the context permits:
"person" includes a corporation;
"month" means calendar month;
"Advertiser" means the business or their authorised representative (including an advertising agency) that has entered into an agreement with Kitchen Index in relation to the inclusion on the website of listing or other advertising content;
"follow-on term" means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be;
"initial term" is the period described in the invoice;
"payment date" means: in relation to the initial term, the date of receipt by Kitchen Index in cleared funds of the Advertiser’s payment of all fees and charges; and in relation to the follow-on term, the first day of the follow-on term being the date on which the then applicable charges and any further fees that are due and payable;
"service" means such of Kitchen Index products or services purchased by the Advertiser as indicated in the invoice from time to time;
"Users" means users of the website including, where appropriate, Advertisers.
Software Limited License
If you download any software from this website, the software, including any images or files incorporated in or generated by the software, and any data accompanying the software (collectively the "Software") are subject to the limited license set out above. You may not distribute, sell or transmit the Software, and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling or creating derivative works, or to reduce the Software to any other form.
Hypertext links to this website by other users and websites are permitted provided that the link to this website is in a simple list of companies by pointing to Kitchen Index's home pages http://www.Kitchen Index.ie. This limited license entitles other users and websites to link to Kitchen Index's home pages only, and linking to other content on or information in this website is prohibited without Kitchen Index's express written consent.
Intellectual Property Rights Notice
Kitchen Index and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials and the Software. Nothing in these terms and conditions of use shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Kitchen Index, its affiliates or any third party.
This website is controlled and operated by Kitchen Index from Ireland. Kitchen Index does not make any representation that Materials Software and/or the facilities or services offered through this website are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements of such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. It is prohibited to make this website, the Materials Software, and/or facilities or services offered through this website or any part of them, available in your country, or to you (whether by reason of nationality, residence or otherwise), this website, the Materials Software and/or facilities or services offered through this website or any part of them are not directed at you. These terms and conditions of use shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of Kitchen Index, and without prejudice to the right of Kitchen Index to take proceedings in relation to these terms and conditions of use before any other court of competent jurisdiction, that the courts of Ireland shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these terms and conditions of use, and for such purposes you irrevocably submit to the jurisdiction of such courts.
Any waiver of any provision of these terms and conditions must be in writing and signed by Kitchen Index to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These terms and conditions represent the entire understanding and agreement between you and Kitchen Index relating to use of this website, and supersede any and all prior statements, understandings or agreements whether oral or written.
If you are dissatisfied with the above web site or any information posted thereon or with any terms or conditions of this agreement, your sole and exclusive remedy is discontinue using this web site.
1B Industrial Park,