Terms and Conditions

The content of this Website is the copyright of ‘DNG Kelly’. The copyright of DNG Kelly must remain on all reproductions of material downloaded from this Website (“Material”). You may download, store and use the Material for your own personal use and research or that of your firm or company. You may not republish, retransmit, redistribute or otherwise make the Material available to any other party or make the same available on any Website, online service or bulletin board of your own or of any other party or make the same available in hardcopy or on any other media without the express prior written consent of ‘DNG Kelly’.

Nothing on this Website constitutes advice, nor does the transmission, downloading, or sending of any information or the Material create any contractual relationship. DNG Kelly accepts no liability or responsibility whatsoever for any loss or damage suffered by any user of the information contained on this Website or the material purchased herefrom. By continuing to use this Website you are deemed to accept the above terms and conditions.

This website and its contents are protected Copyright Law and copyright of DNG Kelly. All rights reserved. Please consult our Privacy Policy and Cookie Policy for further information. You may contact DNG Kelly by emailing the team at portlaoise@dng.ie

1. Information about us

The Site is operated by DNG Kelly

2. Accessing our Site

Our Site is made available free of charge.

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

We do not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses and other harmful elements. If your use of the Site or the content displayed on it results in the need for servicing or replacing equipment or data, we assume no responsibility whatsoever for those costs.

3. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by Irish and European Union copyright laws and international conventions. All such rights are reserved.

You are prohibited from modifying, publishing, transmitting, selling, participating in the transfer or sale or reproducing, creating derivative works from, distributing, performing, displaying or in any way exploiting any of the materials or content on the Site or the software or materials relating thereto in whole or in part. In particular, the use of any material or content from the Site on any other web site or in a networked computer environment for any purpose is prohibited.

You may view, print and download a single copy of the material on the Site solely for your personal, non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You must retain all copyright, trademark and other proprietary notices contained in the original material on any copy you make of the material.

Unauthorised use of the material may violate copyright, trademark and other laws.

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.

4. No Reliance on Information

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

Although we make reasonable efforts to update the information on our Site, the Site or content displayed on it may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the content on the Site or about the results to be obtained from using the Site and any content published on it. In particular, we make no warranties or representations as to the accuracy, reliability or quality of any property descriptions made available on the Site or as to the availability for purchase or rental of any property. The use of the Site and its content is entirely at your own risk. Changes are periodically made to the Site and may be made at any time without notice.

The Site and any content displayed on it are provided on an “as is” and “as available” basis without any warranties of any kind. We and our suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non-infringement of third parties rights, and any warranty of fitness for a particular purpose.

6. Limitation of Liability

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

• Use of, or inability to use the Site
• Use of or reliance on any content displayed on our Site
• For any failure to perform (or delay in performing) any of our obligations hereunder caused by circumstances beyond our reasonable control

If you are a business user, please note that in particular, we will not be liable for:

• Loss of profits, sales, business or revenue
• Business interruption
• Loss of anticipated savings
• Loss of business opportunity, goodwill or reputation; or
• Any indirect or consequential loss or damage

We will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or any website linked to it. We assume no responsibility for the content of websites linked to the Site. We will not be liable for any loss or damage that may arise from your use of them. To the extent permitted by law our aggregate liability to you for all claims arising from the use of the Site or the content displayed on it 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. In no event shall we, or our suppliers, or any third parties mentioned on the Site be liable for any damages whatsoever, whether in contract, tort, (including negligence) breach of statutory duty or otherwise, even if foreseeable, (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 content displayed on it, whether based on statute, contract, tort, or any other legal cause, and whether or not we are advised of the possibility of such damages.

7. User Submissions

Any communication which you post to the Site is considered to be non-confidential and non-proprietary. By posting communications to the website, you automatically grant us 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-license such rights through multiple tiers of sub-licenses. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. We will not be responsible or liable to any third party or user for the content or accuracy of any content posted or uploaded by you or any other user of our site. You acknowledge that any reliance on material posted by other Users will be at your own risk. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights or their right to privacy. All communications and submissions posted to the Site must:

• Be accurate (where they state facts);
• Be genuinely held (where they state opinions);
• Comply with applicable law in Ireland and in any country from which they are posted.

You must not do the following things:

• Post material in circumstances that breach the criminal law
• Infringe any copyright, database right or trademark of any other person
• Post material which is discriminatory or indicates an intention to discriminate or might be reasonably understood to indicate such an intention to discriminate on the grounds of gender, civil or marital status, family status, sexual orientation, religion, race, disability, age, membership of the traveller community or on the grounds that a person is in receipt of rent supplement, housing assistance or other social welfare payments and/or which breaches our Equality

Guidelines. Where discriminatory advertisement has been identified, the advertisement will be removed and no refund will be paid for the said advertisement. Where the conduct is repeated, it may rise to a referral of said advertisement to the Irish Human Rights and Equality Commission, the relevant regulatory body have the power to refer complaints of discriminatory advertisements to the Workplace Relations Commission, where deemed appropriate. A posting of a discriminatory advertisement on this Site may constitute a repudiation of the contract and maybe a ground for treating the contract as coming to an end.

• post material that reveals trade secrets, unless you own them or have the permission of the owner
• post material that infringes 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 material or images
• give the impression that the communication or submission emanates from us if this is not the case
• advocate, promote or assist any unlawful acts such as (by way of example only) copyright infringement or computer misuse
• impersonate another person or entity or to misrepresent your identity or affiliation with any person

You agree not to use the Site or cause or permit any content displayed on it to be used:

• so as to jeopardise or prejudice the operation, quality or integrity of the Site or the content displayed on it, the operation, quality or integrity of any telecommunications network, or any other use which might be deemed by us to be harmful to our 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 content or information (including without limitation email addresses or details of properties) from the Site otherwise than as authorised in these Terms and Conditions or to monitor, mirror or copy any content or material displayed on the Site without our prior written consent
• to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious program
• contrary to the terms and conditions of any Internet Service Provider whose services you may use.

You warrant that any contribution or submission by you to our Site complies with these Terms and Conditions, and you will be liable to us and indemnify us for any breach of that warranty. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with these Terms and Conditions. Notwithstanding the above, we do not screen user communications and submissions in advance of them being posted on the Site and we are not responsible for screening or monitoring any such communications or submissions. The views expressed by other users on our Site do not represent our views or values. You are solely responsible for securing and backing up your content.

8. Links to and from Other Websites

You may link to our 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.

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 to the Site on any website that is not owned by you.

The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in condition 4 above.

Where the Site 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. The inclusion of a link does not imply endorsement of the Linked Sites by us or any association with its owners or operators. User correspondence or business dealing with advertisers or third parties found on or through linked sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such links on the Site.

9. Indemnity

You agree to defend, indemnify, and hold harmless DNG Kelly, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, due to or arising out of any of the following:

(i) the User’s use of the Site or any part thereof

(ii) Violation of these terms and conditions or any provision therein by the User

(iii) Display or publication of any content submitted by any User

(iv) Any infringement by the User of the intellectual property rights of any person or entity

10. Third Parties

We may serve advertisements to the Site or work with third parties to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons and sponsorships. The User agrees that we have the right to run such advertisements and promotions. We do not control the content of any services supplied by third parties, and the inclusion of content does not imply endorsement of the third party by us or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site.

11. General

The Site is controlled by us from our location within Ireland. DNG Kelly makes no representation the Site or content displayed on it 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 Site or content displayed on it shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Site. Without prejudice to the foregoing, we may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and we may bring enforcement proceedings in another state on foot of an Irish judgment.

If any provision of these terms and conditions are 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 these terms and conditions, which shall remain in full force and effect.

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Any changes to these Terms and Conditions will be posted on the Site and will take immediate effect.

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