Daft Website Agreement

Last modified on June 17th 2015

The Daft Website (the "Site") is an online information service provided by Daft Media Limited t/a Daft.ie ("Daft"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING (WHETHER IT BE VIA OUR WEBSITE WWW.DAFT.IE, OUR MOBILE PHONE APPLICATION, TWITTER, FACEBOOK, MAIL OR ANY OTHER PLATFORM) OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE.

DAFT MAY MODIFY THIS OR REPLACE AGREEMENT AT ANY TIME AND SUCH MODIFICATIONS OR REPLACEMENTS AGREEMENT SHALL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED OR REPLACEMENT AGREEMENT ON THE SITE. YOU AGREE TO VISIT THE SITE ON A REGULAR BASIS TO REVIEW THIS AGREEMENT SO AS TO BECOME AWARE OF SUCH MODIFICATIONS OR REPLACEMENTS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY SUCH MODIFIED OR REPLACEMENTAGREEMENT.

1. Intellectual Property Rights

Daft is the owner or licensor of all intellectual property rights in the site and its contents to include the website design, text, graphics, the selection and arrangement thereof and the software but excluding materials the property of advertisers or users . YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, CREATE DERIVATIVE WORKS FROM OR OTHERWISE DEAL IN ANY MANNER WITH THE MATERIAL OR ANY PART THEREOF ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. IN PARTICULAR, WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, YOU MAY NOT SCRAPE ANY CONTENT FROM THE SITE EITHER AUTOMATICALLY OR MANUALLY REGARDLESS AS TO WHETHER SUCH CONTENT IS SUBSEQUENTLY DISPLAYED IN THE PUBLIC DOMAIN OR NOT. You may print and/or download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. By uploading any materials or other information to any public areas of the site (such as bulletin boards, Forums and/or newsgroups), you agree to grant to Daft a non- exclusive, royalty-free, worldwide, perpetual licence, with the right to sub-licence, to modify, copy reproduce, republish, post, distribute, transmit, create derivative works from or otherwise deal in, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services and) or by forwarding such materials or other information to Daft whether by e-mail or by any means and in any media now known or hereafter developed. You also grant to Daft the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Daft for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Daft.

2. Privacy

Your privacy is very important to us. Please read our Privacy Policy at http://www.daft.ie/privacy/ to see how we collect, use and protect your personal information. We recommend that you read this before you use or register with the Site.

3. Information Society Service Provider

You agreed and acknowledged that Daft is an information society service provider, as defined in Directive 2000/ 31/EC and transposed into Irish lay by the European Communities (Directive 2000/31/ EC) Regulations, 2003 (S.I. 68 of 2003), and that it is not under any obligations to monitor the information which it transmits or stores. You agree and acknowledge that Daft shall be liable in respect of information which is hosted or cached by is or in respect of which we act as a mere conduit.

4. House Rules for Advertisers

If you propose to use the Site to advertise a property, please read our Daft.ie House Rules for advertisers https://www.daft.ie/content/house-rules.daft.

5. Trade Marks

You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights, know-how, including data specifications, drawings and instructions; 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 in and relating to Daft (collectively "Intellectual Property") are solely owned by Daft. you acknowledge and agree that other products and names mentioned on the Site may be protected by intellectual property rights which will vest in their respective owners.

6. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Daft, Daft does not operate, control or endorse any other information, products or services on the Internet in any way. Except for Daft-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Daft.

You also understand that Daft cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Daft PROVIDES THE SITE AND THE INFORMATION CONTAINED ON IT "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE PROVIDED BY Daft ON THE WEBSITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Daft SHALL NOT BE LIABLE FOR ANY COST, LOSS, LIABILITY, EXPENSE, CLAIM OR DAMAGE WHICH YOU MAY SUFFER OR INCUR ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE OR ANY TRANSACTION ENTERED INTO FOLLOWING OR ARISING OUT OF USE OF THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Daft DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Daft HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

YOU AGREE THAT YOU WILL NOT MAKE CONTACT WITH ANY ADVERTISERS ON THE SITE FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE, OTHER THAN TO ENQUIRE ABOUT THE SPECIFIC PROPERTIES ADVERTISED.

LIMITATION OF LIABILITY

IN NO EVENT WILL Daft BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Daft OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Daft LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Daft makes no representations whatsoever about any other website which you may access through the Site or which may link to this Site. When you access a non-Daft website, please understand that it is independent from Daft, and that Daft has no control over the content on that website. In addition, a link to a Daft website does not mean that Daft endorses or accepts any responsibility for the content, or the use, of such website.

7. Content Posted on Daft.ie

Because community standards vary and individuals sometimes may not comply with our policies and guidelines, in the process of using Daft.ie, you may be exposed to content that you find offensive or objectionable. Users are encouraged to bring any advertisements or other information they deem offensive or objectionable to the attention of Daft.ie by using the [Report Post Feature] or email supportdesk@daft.ie i dentifying the specific advertisement or other information that they consider is objectionable. You will be asked to give your reasons for wanting the advertisements or any other information removed.

Please note that Daft's office is open for business from 9am to 5.30pm Monday to Friday excluding national and public holidays in the Republic of Ireland. Any notifications received from users outside of the aforementioned hours will only be addressed upon the re-opening of Daft offices.

Users are informed that if they deem advertisements or other information to be defamatory or an infringement of their intellectual property rights or otherwise illegal, they should inform Daft by emailsupportdesk@daft.ie.

If another user defames, abuses, harasses, stalks, or otherwise violates your rights on Daft please report the post to Daft by emailing supportdesk@daft.ie i dentifying the specific advertisement or other information you consider is objectionable.

Daft operates on a "notice and takedown" basis. If you believe that any content on Daft contains a defamatory statement or otherwise infringes your rights or is illegal, please notify Daft immediately by emailing supportdesk@daft.ie. Please advise us as to why you believe the content should be removed. Once this notification has been received, Daft will use all reasonable endeavours to remove the offenders contents complained about within a reasonable period of time. However, as noted above, Daft's office is only open for business from 9am to 5.30pm Monday to Friday, excluding national and public holidays in the Republic of Ireland and accordingly any notification received outside of the aforementioned hours will only be addressed upon the reopening of Daft's offices.

8. Personal, Non-Automated Use Only.

Unless you have entered into an agreement with Daft to advertise a property, you may use the Site for your own personal, non-commercial use only . You may not access the site with any automated software. If you would like to use our services for a commercial purpose, or in any way that is different to how they are presented on the Site, you must first obtain our explicit approval.

9. Indemnification.

You agree to indemnify, defend and hold harmless Daft, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing and/or using the Service.

10. Disclaimer and Waiver.

Daft does not endorse nor give any warranty or make any representation as to the accuracy, completeness, truth, legality or reliability of the information contained on the Site or the manner in which the information uploaded by the user is displayed. It is the user's sole responsibility to ensure the accuracy, completeness, truth, legality or reliability of information uploaded onto the Site.

By uploading information to the Site you warrant that such information does not infringe the rights (including intellectual property rights) of any third party and/or is not defamatory of any person or otherwise illegal. You agree to fully indemnify Daft against all damages, claims, expenses, liability and costs (including legal costs) which Daft may suffer or incur in the event of any legal proceedings being brought against Daft in consequence of your uploading information.

All users of Daft upload information entirely at their own risk and bear full responsibility for ensuring that they are fully compliant with all, applicable laws and with all legal regulatory and compliance standards as set out under any and all legislation, regulations and guidelines that apply to persons advertising real property. Daft does not warrant that all regulatory and compliance standards that apply to persons or entities advertising property are met when placing an advertisement on the Site. Failure to comply with all applicable laws or this Website Agreement may result in deletions or material which you upload and/or complete banning.

You acknowledge that your use of Daft is at your own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against Daft , our investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, for any loss, damage, costs or injury arising from such use.

11. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 4 (Indemnification) are for the benefit of Daft and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

12. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Personal, Non-Automated Use Only), 4 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.

13. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of Ireland. You agree that any legal action or proceeding between Daft and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively before the courts in Ireland Daft's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Daft may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

14. You are responsible for your account and its details

As part of the registration process, you will be asked to select a user name and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We strongly recommend you do not reuse a password which you also use elsewhere.

14.1 Usernames

You may not select or use a username that:

We reserve the rights to change usernames at our discretion.

14.2 Accounts and passwords

Daft reserves the right to log off or deactivate accounts that are inactive for an extended period of time.

You will not create more than one personal profile. You agree not to provide any false information to Daft or to create an account for anyone other than yourself without the express permission of that other person or entity. You agree not to use the account or password of another user and not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.

You may change your password or profile by following instructions on the site. Daft will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.

You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.

Daft may at is absolute discretion refuse you access to the site or suspend/terminate your account without prior notice for any reason and you shall not be entitled to any compensation in respect of this. If we disable your account you will not be entitled to create another account without our permission.

This Website Agreement, including, in particular, the indemnities contained herein, shall survive any suspension or termination of your account.

14.3 Your interactions with other users

Daft has no obligation to verify the identity of any users when they are connected to the Site or to monitor advertising or other material provided by them. Daft may, from time to time in its sole discretion make efforts to establish or verify the identity of certain users HOWEVER in so doing Daft does not and should not be deemed to make any representations about, or confirm, or endorse any user or any user's purported identity.

Any reference on the Site or in the Services to a user being "verified" (or similar language) only indicates that the user has completed a relevant verification process and does not represent anything else. Any such description is not an endorsement, certification and/or guarantee by Daft about any user, including of the user's identity and/or whether the user is trustworthy or legitimate. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about who you contact or interact with via the Site or the Services. Daft therefore recommends that you always exercise due diligence and take due care when deciding whether to interact with any other user.

Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.

As with any web-based interaction, we suggest that you use caution and good judgement. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.

You are encouraged to exercise discretion when providing personal information about yourself on Daft. Any personal information which you volunteer in your public profile will be available worldwide to anyone with access to the website.

We recommend you do not post your name, address, telephone number, email address or anything else that may lead someone to identify you if this is something you are uncomfortable with.

Please note that certain information which you may choose to provide might reveal you gender, ethnic origin, nationality, religion and/or sexual orientation.

Daft accepts no liability of any nature arising out of or in connection with your interactions with other users.

15 . Our right to ban accounts or remove user privileges

Daft does not delete user accounts. You can however close your user account.

Closing your account means we will scramble your password, remove any email subscriptions or notifications you may receive and turn off your Private Messages.

To close your account, please click on the "Close Account" link in the Miscellaneous section of your User Control Panel and follow the instructions. This process is irreversible and permanent.

Daft may at its absolute discretion refuse you access to the site and/or cancel/terminate your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your user privileges. If we disable your account you will not be entitled to create another account without our permission.

These terms of use, including our proprietary rights, disclaimer of warranties, indemnities, limitations of liability, choice of law and choice of forum, and miscellaneous provisions shall survive any termination of your user privileges.

Without limiting the foregoing, the following will lead to a suspension of your privileges on Daft: