This User Agreement governs your access and use of the website www.sistersofmercy.ie (the ‘Site’). The Site is operated by the Congregation of the Sisters of Mercy, Rachamim, 13/14 Moyle Park, Convent Rd. Clondalkin, Dublin 22, Ireland (the “Congregation”, “we” “our” or “us”).
This User Agreement may be entered by persons who have reached the age of majority or legal age in your jurisdiction and who can form legally binding contracts under applicable law. By agreeing to this User Agreement, you hereby represent and warrant that you have reached the age of majority in your jurisdiction and you otherwise have the legal capacity to enter into, and agree to the terms of, this User Agreement. Please read this User Agreement carefully, as it contains important provisions that exclude and limit our liability to you.
We reserve the right to make changes to this User Agreement at any time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the User Agreement will be posted on the Site and you should regularly check for the most recent version, as the most recent version is the one that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. If you continue to use the Site after the changes become effective you will be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us by ceasing to use the Site. Any amendment, variation or modification to this User Agreement you purport shall not be binding on the Congregation.
Except for Your Content (as defined below), the Congregation and our licensors, retain all right, title and interest in and to the information (in any form including without limitation text, graphical, video and audio), images, icons, applications, designs, software, scripts, programs, copyright, trademarks, trade names, logos, and other materials and services available on or through the Site, including its look and feel (collectively, “the Congregation Content“). You should note that the Congregation Content is protected by copyright, trademark, database rights, sui generis rights and other intellectual and industrial property laws (as the case may be), under national laws and international treaties. Your access and/or use of any of the Site does not transfer to you or any other person any ownership or other rights in or to the Site, or its content, unless specified otherwise in this User Agreement.
We do not claim any proprietary rights in the text, files, images, photos, works of authorship, or any other materials which you upload, post, email or otherwise transmit to or via the Site (collectively, “Your Content“). You continue to retain all ownership and/or licence rights in Your Content. You are entirely responsible for Your Content. By transmitting Your Content on or through the Site, you represent and warrant that you are authorised to do so and that the publication of Your Content on the Site, and the Congregation’s use of Your Content in accordance with the licence mentioned below, does not violate any law or third party rights.
To the extent any of Your Content contains personal data we will use it in accordance with our Privacy Statement.
Use of the Site is entirely at your own risk and you assume full responsibility and risk of loss resulting in whole or in part from your use and/or access to the Site. We shall not be liable to you or to anyone else for any loss, damage OR DISTRESS caused in whole or in part by relying upon, using, or interpreting the content or other information obtained through the access and/or use of this Site. The Site is provided ‘as-is’ and on an ‘as available’ basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law we disclaim all warranties, conditions or other terms of any kind express or implied. For the avoidance of doubt, we make no undertaking, representation or warranty: (i) in connection with the completeness or accuracy, reliability or timeliness of any of the Content MADE AVAILABLE ON OR THROUGH THE SITE; and/or (ii) that the Site or the server(s) it is hosted on is free from defects, errors, viruses, bugs or other harmful elements.
Any reference to or description ON THE SITE of products, services or publications shall not be deemed an endorsement of such products, services or publications. the Congregation does not provide legal, financial, medical or other professional or personal services. Should legal, financial, medical or other professional, personal or expert advice or other assistance be sought, these services should be obtained from a qualified professional.
the Congregation makes no warranties regarding possible infringement of any national or foreign patent, trademark, trade name, copyright or other intellectual property rights and users shall have no claim against the Congregation or its affiliates or licensors in connection therewith.
Your use of the Site may give you the opportunity to engage in communications and transactions of a commercial or personal nature with persons other than the Congregation. All such communications and transactions are at your own risk. the Congregation is not a party to any such communications and transactions and disclaims any and all liability regarding all such communications and transactions. To the extent that you choose to partake in such communications and transactions, the Congregation makes no representations, warranties or conditions of any kind related thereto whether express or implied, and including without limitation implied warranties of merchantable quality or fitness for a particular purpose, all of which the Congregation hereby disclaims to the fullest extent permitted by law.
To the maximum extent permitted by applicable law the Congregation hereby expressly excludes all liability, loss or damage incurred by you, or any other person, arising out of access to, use of or inability to use the Site (BY YOU OR ANY OTHER PERSON), whether caused by tort (including negligence), breach of contract or any other legal theory, for any of the following, even if foreseeable: (i) loss of income or revenue; loss of business; loss of profits or contracts; loss of data and loss of goodwill; and (ii) SPECIAL, indirect or consequential loss or damage. Nothing in this User Agreement shall affect your statutory rights.
If you are dissatisfied with any aspect of the SITE at any time, your sole and exclusive remedy is to cease using the SITE. You agree that the Congregation will not be liable to you or to any third party for any modification, suspension and/or termination of the SITE (or any part thereof). WITHOUT PREJUDICE TO THE PRECEDING RESTRICTION, AND to the extent PERMITTED by law, IN NO EVENT WILL the Congregation OR ANY OF ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY the Congregation OR ANY PERSON FOR WHOM the Congregation IS RESPONSIBLE, EXCEED €50.00.
You AGREE TO, AND DO HEREBY, indemnify, defend and hold harmless each of the Congregation and its SUBSIDIARIES AND affiliates and their respective agents, directors, officers, employees, CONTRACTORS, FACILITATORS and suppliers (collectively “Indemnified Parties”) from and against any and all liabilities, expenses and costs including without limitation reasonable legal fees and expenses incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to or connected with your use of the Site, being a registered user, someone posing as you, or your breach of this User Agreement. You hereby undertake and agree to promptly assist and cooperate as fully as reasonably required by any of the Indemnified Parties in the defence of any such claim or demand. You further agree to, AND HEREBY DO, indemnify THE INDEMNIFIED PARTIES from all suits, damages, costs and liabilities whatsoever arising from any of Your Content AND FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE THAT ARE NOT WITH THE CONGREGATION.