D2 Private Website Terms and Conditions of Use
The www.d2private.com website (the “Website“) is operated by D2 Private Limited (“we”, “us”, “our”, “D2 Private”). This page (together with the documents referred to on it) tells you the terms and conditions of use (the “Terms“) on which all users (“you“, “your“) may make use of the Website.
Information About Us
D2 Private is an Irish private limited company with its registered office at 20 Harcourt Terrace, Dublin 2. We can be contacted by e-mail at email@example.com.
Accessing The Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website on your behalf are aware of the Terms and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material and content published on it, including (without limitation) all information and advice accessible through the Website. Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
D2 PRIVATE (word) is a trade mark of D2 Private.
You may print off a reasonable number of copies, and may download extracts, of any page(s) from the Website for your personal reference.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance On Information Posted
Unless otherwise agreed by us in writing, information, commentary and other materials available for download on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of their contents.
The Website Changes Regularly
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely.
Our Liability – IMPORTANT – YOUR ATTENTION IS DRAWN TO THIS SECTION
Unless otherwise agreed by us in writing, the material and content displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and/or
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to them and any materials posted on them, including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management, office time or personnel time; or
(h) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
In no circumstances will our aggregate liability for any loss or damage suffered by you, arising out of or in connection with these Terms, whether in contract, tort (including negligence) or for breaching statutory duty or otherwise, exceed €100.
Nothing in this section 7 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Information About You And Your Visits To The Website
We process information about you in accordance with our Privacy Statement. By using the Website, you consent to such processing and you warrant that all information provided by you is accurate.
Viruses, Hacking And Other Offences
You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Website, in particular non-public areas, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence and we may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
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 the Website or to your downloading of any material posted on it, or on any website linked to it.
You may use the Website only for lawful purposes. You may not use the Website:
You also agree:
(a) any part of the Website;
(b) any equipment or network on which the Website are stored;
(c) any software used in the provision of the Website; or
(d) any equipment or network or software owned or used by any third party.
You may report any activities of any other user which violate applicable laws and/or these Terms by contacting us at firstname.lastname@example.org.
Suspension And Termination
We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms constitutes a material breach of the terms upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
You agree to indemnify us and keep us indemnified (including our directors, officers, agents, servants and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of your use of the Website or a breach by you of any of these Terms.
Linking To The Website
You may link to the Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website to any page on the Website other than the Website home page. We reserve the right to withdraw linking permission without notice.
You may not frame, mirror, screen scrape or otherwise reproduce all or any part of the Website on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
If you wish to make any use of material on the Website other than that set out above, please address your request to email@example.com.
Links From The Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. 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.
Jurisdiction And Applicable Law
The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Irish law.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.
All notices given by you to us should be sent to us to the contact details noted above in section 2. Subject to and as otherwise specified in these Terms, we may give notice to you by posting on the Website.
Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
If we fail to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of your obligations under these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 17 (Notices) above.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them and other terms accepted by you in connection with your use of the Website represent the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Terms.
If you have any concerns about material which appears on the Website, please contact us at firstname.lastname@example.org.
Thank you for visiting our Website.