Terms and Conditions
Please read this carefully.
Access to and use of the C&D Foods website (the “Site”) is provided by C&D Foods Ltd (“C&D Foods” or “we”) subject to the following terms and conditions (“Terms”). By accessing the Site you are agreeing to the Terms, whether or not you register as a user on the Site.
1. Use of Content
1.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this Site, including but not limited to text, software, music, sound, photographs, graphics, video, (collectively, the “Content”) is protected by copyrights, trade marks, service marks, patents, database rights or other proprietary rights and laws. You acknowledge and agree that you are permitted to use the Content only on the bases expressly set out below and any use such as (but not limited to) copying, reproducing, transmitting, distributing, extracting or reutilising the Content or creating derivative works of the Content is prohibited without the prior express written authorisation of C&D Foods.
1.2 C&D Foods is, unless otherwise stated, the owner of copyright and database rights in the Site and the Content. All Content on the Site remains the property of C&D Foods, its associated companies or nominated third parties, as appropriate.
1.3 The trade marks displayed on the Site are registered and unregistered trade marks of C&D Foods, its associated companies or nominated third parties. C&D Foods, its associated companies or nominated third parties are the owners of copyright in the images displayed on the Site.
1.4 Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trade mark, copyright image or proprietary database displayed on the Site. In the event that you misuse any trade mark, copyright image or proprietary database in violation of these Terms, C&D Foods, its associated companies and/or nominated third parties will aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
1.5 You may, for your personal, non-commercial use only, retrieve and display Content on a computer screen, smart phone, tablet, print individual pages on paper (but not photocopy them) and store such pages in electronic form on hard disk or on your smart phone (but not on any server or other storage device connected to a network).
1.6 Except as expressly set out in clause 1.5 above, you may not reproduce, publish, modify, store, archive, extract, re-utilise or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without the prior written permission of C&D Foods (and neither may you allow a third party to do any of the same):
– redistribute any of the Content (including by using it as part of any library, archive or similar service);
– remove the copyright or trade mark notices from any copies of Content made under these Terms; or
– create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
2. Links to and from Other Sites
2.1 This Site may link to other sites not maintained by or related to C&D Foods. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of C&D Foods. C&D Foods has not reviewed all of the sites linked to the Site and is not responsible for or the controller of the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk and C&D Foods takes no responsibility for damage suffered as a result of your use of such sites.
2.2 In the event that C&D Foods may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board, and the like on the Site, C&D Foods is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmitted information nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. C&D Foods will fully co-operate with any law enforcement authorities or court order requesting or directing C&D Foods to disclose the identity of anyone posting any such information or materials.
2.3 You may not, without C&D Foods’s prior written permission, link to this Site from another internet site or equivalent entity.
3. Information on the Site
3.1 Information on the Site is subject to change without notice.
3.2 Some products and services may not be available in certain areas. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
4. Exclusion of Liability
4.1 While C&D Foods uses reasonable efforts to include accurate and up to date information in the Site, C&D Foods makes no warranties or representations as to the accuracy, correctness, reliability or otherwise of such information, and assumes no liability or responsibility for any omissions or errors (including without limitation typographical errors and technical errors) in the Content or for any damage caused by reliance on such information.
4.2 C&D Foods makes no warranty that the Site services or its server are free from infection by viruses or anything else that has contaminating or destructive properties.
4.3 Use of and browsing on the Site is done at your own risk. Neither C&D Foods nor any other party involved in creating, producing, delivering or maintaining the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or browsing of, the Site, or your downloading of any materials, data, text images, video, or audio from the Site, including without limitation damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY RIGHTS.
4.4 C&D Foods accepts liability without limit (i) for death or personal injury caused by the negligence of C&D Foods, its partners and employees acting in the course of their employment; (ii) for any fraudulent pre-contractual misrepresentations made by C&D Foods on which you can be shown to have relied and (iii) for any other liability which by law cannot be limited by C&D Foods.
From time to time, C&D Foods (and its associated companies) may ask that you transmit to it or to the Site by electronic mail or otherwise your feedback on C&D Foods products and/or services. Any communication or material you transmit or send will be (a) treated as non-confidential and non-proprietary by C&D Foods, (b) become the property of C&D Foods and C&D Foods shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by C&D Foods or its licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting in whole or in part, in any medium and in any manner on this Site or otherwise. However, C&D Foods shall be under no obligation to respond to any such communication.
6. Availability of Site
Whilst C&D Foods endeavours to ensure that the Site is normally available 24 hours a day, C&D Foods will not be liable if for any reason the Site is unavailable at any time or for any period. C&D Foods does not guarantee that the functions contained in the Site will be uninterrupted or error-free, or that defects will be corrected even if C&D Foods is aware of them.
7. Changes to these Terms
C&D Foods reserves the right, at its sole discretion, to make changes at any time to any part of the Site and its related services. Due to its policy of updating and improving the Site, C&D Foods may wish to change these Terms. When Terms are changed, the new Terms will be published on this Site and will be applicable as soon as they are published on the Site. You should periodically revisit these pages to ensure that you are familiar with our current Terms. If you use the Site or related services after C&D Foods has published or notified you of changes to these Terms, you will be deemed to have agreed to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site (and should cancel your subscription to any related services).
8. Choice of Law and Jurisdiction
8.1 These Terms shall be governed by, and construed in accordance with, Irish law.
8.2 The courts of Ireland shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them.
9.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
9.2 If any portion of these Terms is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.
9.3 Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
9.4 These Terms set out the entire understanding and agreement between you and C&D Foods with respect to the Site. You acknowledge that any other agreements between you and C&D Foods with respect to the Site are superseded and are of no force or effect.
C&D Foods Limited (company number 26191) is a company registered in Ireland with its registered offices at C&D Foods, Edgeworthstown, Co. Longford, Ireland.