Terms and conditions

This page states the Terms and Conditions under which you (the User) may use the Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. ABES may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you and each time you use the Site you agree to be bound by the current terms and conditions.

TERMS OF USE

Section 1. Use of Material

ABES authorises you to view and download a single copy of the Material on the Site solely for your personal, non-commercial use.
The contents of the Site, such as text, graphics, images and software other material ("Material"), are protected by copyright under both Irish and foreign laws. Unauthorised use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Section 2 Warranty disclaimer and limitation of liability

ABES does not warrant that any information published on this website will be free from error and in using this website you acknowledge that the supplier & service details and all other information including information relating to home improvement services published on this website may include inaccuracies or typographical errors.
All business engaged in with suppliers or services listed on this website are made with the supplier or service concerned and not with ABES. ABES only provides the contact information or facilitates the contact with the supplier or service in question. ABES is not a party to the contract between you and the supplier or service and has no responsibility or liability to you in respect of the terms of that contract whether directly or indirectly.

Prior to engaging in business with a supplier or service, you should ensure that you have reviewed the supplier or services terms and conditions and that they are acceptable to you.

NEITHER ABES 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 ANY INFORMATION, PRODUCTS, SERVICES AND/OR THE MATERIALS OFFERED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, EVEN IF ABES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.

While ABES makes all reasonable efforts to ensure that the suppliers & services listed are of reasonable standard the listing of any supplier or service on the website is not and should not be taken as a recommendation from ABES or a representation that the supplier or service will be suitable for the user's purpose. ABES shall in no way be liable to you in the event that the supplier or service are not suitable for your purpose.

Section 3. Disclaimer of Consequential Damages

Subject to section 7 of these terms and conditions, in no event shall ABES, its supplier, or any third parties mentioned at the site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the material, whether based on statute, contract, tort, or any other legal cause, and whether or not ABES is advised of the possibility of such damages.

Section 4. User Submissions

Generally, any communication which you post to the Site is considered to be non-confidential.
By posting communications to the Web Site, you automatically grant ABES a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-licence such rights through multiple tiers of sub-licences.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting.
You must not do the following things:
    * Post material in circumstances that breach the criminal law;
    * post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
    * post material that reveals trade secrets, unless you own them or have the permission of the owner;
    * post material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others;
    * post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity;
    * post a sexually-explicit image;
    * post advertisements or solicitations of business; or
    * impersonate another person or entity.
You agree not to use the Site or cause or permit any Materials to be used:-
    * so as to jeopardise or prejudice the operation, quality or integrity of the Site or Materials, the operation, quality or integrity of any telecommunications network, or any other use which might be deemed by ABES to be harmful to ABES'S business, reputation or the commercial exploitation of the Site;
    * for any commercial purpose including any surveys, contests or pyramid schemes, nor to use a Service to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
    * to harvest or otherwise collect by any means any Material or information (including without limitation email addresses or details of properties) from the Site otherwise than as authorised in this Agreement or to monitor, mirror or copy any Material without the prior written consent of ABES;
    * to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
    * contrary to the terms and conditions of any Internet Service Provider whose services you may use.
ABES does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
ABES does not screen communications in advance and is not responsible for screening or monitoring material posted by Users.  If notified by a User of communications which allegedly do not conform to this Agreement, ABES may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. Each User hereby agrees that any such action taken by ABES will not be challenged by User. ABES has no liability or responsibility to Users for performance or non-performance of such activities. ABES reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive or which ABES otherwise deems to be in breach of these Terms and Conditions of Use.

Section 5. Links to and from Other Web Sites

The Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by ABES of the contents on such third party Web Sites. ABES is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk.

ABES generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Sites homepage (and no deeper within the Site) and provided ABES gives its consent to the establishment of such links. Notwithstanding the foregoing, ABES reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.

Section 6. Software Licences

All software that is made available for downloading from the Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software licence agreement or designated "Legal Notice" accompanying such software ("Licence Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the Licence Agreement.

Section 7. Limitation of Liability

Unless otherwise expressly provided in a Software Licence or Legal Notice, the aggregate liability of ABES to you for all claims arising from the use of the Site or Materials (including Software) is limited to €1 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.

Section 8. Indemnity

You agree to defend, indemnify, and hold harmless ABES, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. ABES shall provide notice to you promptly of any such claim, suit, or preceding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 9. Export Control

Many countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.

Section 10. General

The Site is controlled by ABES from its location within France. ABES makes no representation that Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of France. The French Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site. Without prejudice to the foregoing, ABES may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in France and ABES may bring enforcement proceedings in another state on foot of an french judgement.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND ABES WITH RESPECT TO THE USE OF THE SITE. Any changes to this Agreement will be posted on the Site and will take immediate effect.

ABES may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.

© COPYRIGHT ABES 2008. ALL RIGHTS RESERVED.
Section 11. Third Party Sites