OUR TERMS AND CONDITIONS
This agreement applies as between you, the User of this Web Site and Placelift, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Placelift” Placelift with it’s office in Bray, Co Wicklow, Ireland.
“Service” means collectively any online facilities, tools, services or information that Placelift makes available through the Web Site either now or in the future;
“Premises” Means our place(s) of business located at Bray, Co Wicklow, Ireland.
“System” means any online communications infrastructure that Placelift makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Placelift Limited and acting in the course of their employment;
“Web Site” means the website that you are currently using (www.placelift.ie) and any sub-domains of this site(e.g.subdomain.http://www.placelift.ie/terms.html) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
1. Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Placelift, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable EU and International intellectual property and other laws.
2. Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Placelift.
3. All of the pictures taken by Placelift are the copyright of Placelift and anyone wishing to copy the detail for commercial purposes must seek authorisation from Placelift. Placelift reserves the right to use all pictures taken on behalf of Client for promotional purposes, both printed and online.
3. Third Party Intellectual Property
1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
2. Subject to Clause 4 or you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Placelift or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.placelift.ie without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Placelift. To find out more please contact us by email at email@example.com
7. Use of Communications Facilities
1. When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
A. You must not use obscene or vulgar language;
B. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
C. You must not submit Content that is intended to promote or incite violence;
D. It is advised that submissions are made using the ENGLISH language(s) as we may be unable to respond to enquiries submitted in any other languages;
F. You must not impersonate other people, particularly employees and representatives of Placelift or our affiliates; and
G. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
2. You acknowledge that Placelift reserves the right to monitor any and all communications made to us or using our System.
3. In order to use the enquiry form and any other communication facility that may be added in the future on this Web Site, you are required to submit certain personal details.
• By continuing to use this Web Site you represent and warrant that: Any information you submit is accurate and truthful; and
• You will keep this information accurate and up-to-date.
1. Placelift makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
3. No part of this Web Site is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Web Site and product and / or service details are provided for information purposes only
4. Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Placelift correspond to the actual products and / or services, Placelift is not responsible for any variations from these descriptions.
5. Placelift does not represent or warrant that such products and / or services will be available from us or our premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
6. All pricing information on the Web Site is correct at the time of going online. Placelift reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
10. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Placelift accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11. Limitation of Liability
1. To the maximum extent permitted by law , Placelift accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
2. Nothing in these terms and conditions excludes or restricts Placelift‘s liability for death or personal injury resulting from any negligence or fraud on the part of Placelift.
3. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
The Client warrants that they are authorised to enter into this agreement and irrevocably licences Placelift and their employees, contractors, agents and servants to enter and remain on the Property and in any buildings erected on the Property at all reasonable times for the purpose of and in connection with the Furnishing and Staging the Property as contemplated by this agreement. This licence includes but is not limited to the right for Placelift to enter and remain on the Property and in any buildings erected on the Property to install or remove the Furniture and Accessories used by Placelift as contemplated by this agreement.
16. Structural Advice
Advice given by Placelift is generally of a cosmetic nature and is not intended to address structural issues or matters concerning the Property. Placelift may give structural advice however, before undertaking structural alterations or major repairs to the Property, the Client is strongly advised to seek relevant professional advice from a suitably qualified Architect.
17. No Guarantee
Whilst Placelift will use all reasonable endeavours to enhance the value and marketability of the Property, we do not guarantee:
1. That the Property will sell or let;
2. That the Property will sell or let any faster than if Placelift had not provided its services; or
3. That the Property will return a higher price or rental return than if Placelift had not provided its services.
18. Advise and Representations
All advice given or representations made by Placelift are given and made in good faith but the Client should satisfy themselves as to the appropriateness of that advice or of those representations before relying upon them. The Client should ensure that they are satisfied with the cost effectiveness of Placelift’s advice and that the advice is satisfactory from a health and safety perspective of those who will access the Property. Placelift does not accept liability for any loss, injury, cost or inconvenience sustained by any person using any information provided by Placelift or accessing the Property during the term of this agreement and the Client releases and indemnifies Placelift in respect to the same.
19. Term and Extension
1. The initial term of this agreement is as specified in item 1 of Appendix A. The parties may agree to extend the initial term of this agreement from time to time. Any extension should be in writing and will be subject to the same terms and conditions as this agreement, save as may be varied in writing by the parties.
2. If after the expiration of the initial term or any extension of this agreement the Furniture and Accessories shall remain in the Property with the consent of Placelift (which consent shall be implied if Placelift accepts Furniture and Accessories rental payments from the Client) this agreement is deemed to continue on a fortnight by fortnight basis upon all of the terms and conditions of this agreement except that in addition to any other amount payable by the Client to Placelift the Client shall also pay Furniture and Accessories rental at a rate calculated proportionally (if necessary) as the fortnightly rate for Furniture and Accessories rental payable as specified in item 1 of Appendix A.
3. No refunds will be offered should the Property sell prior to expiration of this agreement.
1. All amounts payable by the Client to Placelift pursuant to this agreement are payable in advance. In the event that any amount payable to Placelift is not paid in full within a stipulated time frame, all amounts payable by the Client to Placelift pursuant to this agreement will become immediately due and payable (whether legally demanded or not).
2. All amounts contemplated by this agreement are inclusive of VAT.
3. All amounts payable by the Client to Placelift pursuant to this agreement will be accepted by cash, or electronic funds transfer to:
Account name: Placelift Ltd
Bank: A.I.B. Bank
Branch: 107/108 Main Street Bray, Co Wicklow
Sort Code: 933481
Account number: 34790188
4. The Client agrees to pay interest at the rate of fourteen (14) percent per annum upon any amounts payable under this agreement where such moneys are not paid upon the due date.
5. Placelift reserves the right to engage the services of a collections agency to recover any amounts which are overdue under this agreement. The Client agrees to indemnify Placelift against any charges incurred in recovering overdue amounts including but not limited to charges made by collections agencies, court fees and enforcement costs.
6. The Client charges all of their real and personal property with repayment of all amounts payable to Placelift pursuant to this agreement.
7. Where the Client is a company, the directors of that company personally guarantee the obligations of the Company under this agreement and each charges all of their real and personal property with repayment of all amounts payable to Placelift pursuant to this agreement.
21. Other Businesses
1. Placelift may recommend or use other businesses in providing the Client with the goods and/or services contemplated by this agreement. Any business used by Placelift or recommended to the Client by Placelift is done so for the convenience of the Client only. Placelift accepts no responsibility for the goods or services provided by any other business which has been recommended or used by Placelift. The Client should satisfy themselves of the suitability of any other business before entering into any contract for goods or services with that business. Placelift will not engage any other Business to provide goods or services in respect of the Property without the express written consent of the Client. The Client is encouraged to provide feedback via email@example.com regarding businesses used and Placelift will monitor good practice.
2. In the event that Placelift use or recommend to the Client another business as contemplated by the preceding sub clause of these Terms and Conditions, the Client is directly responsible for all charges, liabilities or accounts issued by that business in respect of the Property.
22. Furniture and Accessories
1. As part of this agreement, Placelift will install Furniture and Accessories in the Property. All Furniture and Accessories installed in the Property remains the absolute property of Placelift.
2. The Furniture and Accessories installed in the Property is for display purposes only. The Furniture and Accessories must not be used for day to day purposes and must not be moved around within or removed from the Property. The Client indemnifies Placelift in respect to any wear and tear or damage caused to the Furniture and Accessories in consequence of a breach of this clause.
3. Whilst Placelift uses due care in providing its services as contemplated by this agreement, the Client acknowledges the following matters and releases and indemnifies Placelift in respect to any loss, damage, liability, cost or demand which may arise in respect to any of the following;
4. That the Property may be damaged by weather including by sun or water damage. Placelift recommend that appropriated window treatments are installed and used so as to prevent sun damage to the Property and the Furniture and Accessories installed by Placelift;
5. That certain items of Furniture and Accessories used by Placelift in the furnishing and staging of the Property will be heavy and may leave impressions, compressions, scuffs or marks on floors or walls. Whilst Placelift will use all reasonable endeavours to limit the same, the Client acknowledges that some impressions, compressions, scuffs and marks are unavoidable;
6. That damage is often caused to properties during open homes or during viewing by potential purchasers. Placelift recommend careful supervision of all people who access the Property.
23. Damage to Furniture and Accessories
1. The Client is responsible for and agrees to indemnify Placelift against any and all damage, theft, loss or destruction to the Furniture and Accessories during the term of this agreement or any extension or renewal hereof unless such damage, theft, loss or destruction is caused by Placelift or their employees, contractors, agents or servants.
2. Notwithstanding the provisions of the preceding sub clause of this agreement, Placelift will hold and maintain insurance on all Furniture and Accessories installed in the Property. If the Furniture and Accessories are damaged, stolen, lost or destroyed during the course of this agreement (other than by Placelift or their employees, contractors, agents and servants), and Placelift determines in its sole discretion (acting reasonably) to make a claim on its insurance in respect to the same, the Client agrees to pay to Placelift a fixed sum of €2,000.00 upon demand in compensation for Placelift making such a claim. The Client also agrees to co operate generally and to do such acts matters and things and sign such documents as may be reasonably required by Placelift or by Placelifts insurer in respect to making or processing an insurance claim. Notwithstanding the aforegoing, the parties expressly agree that if any damage, theft, loss or destruction contemplated by this clause is not covered by Placelift’s insurance for any reason whatsoever (excepting because of a failure of Placelift to maintain insurance), the Client will remain responsible for and agrees to indemnify Placelift against the same.
24. Law and Jurisdiction
These terms and conditions and the relationship between you and Placelift shall be governed by and construed in accordance with the Law of Ireland and Placelift and you agree to submit to the exclusive jurisdiction of the Courts of Ireland.
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