Terms and Conditions
These terms and conditions contain the contractual terms on which Travel Guides Limited offers the purchase, download, installation and use of Digital Products, books and cds from its website www.abartaheritage.ie. You must click to accept these terms and conditions before downloading any Digital Product from the Website whereupon these terms and conditions will be legally binding on you. If you do not accept these terms you must not continue with the download.
1.1. In these Terms and Conditions, the following definitions have the following meanings: “Digital Products” copies of multimedia files in digital format containing digital data including but not limited to audio, video, text and digital image data together with any related software capable of download to the memory or hard disk of a personal computer or similar data storage device and such Digital Products shall include for the avoidance of doubt interactive guides as more particularly described on the Website;
“Fee” the standard download fee for download and access to each Digital Product available on the Website, to be prepaid in full by you to us prior to downloading the relevant Digital Product;
“IPR” all patents, trade marks, service marks, copyright, design right, database rights and other intellectual property rights whether registered or unregistered and subsisting anywhere in the World;
“Order” a request by you to download a Digital Product or Digital Products from the Website identifying the relevant Fee or Fees for that download or those downloads and relevant payment details;
“Personal Data” any personal data relating to you within the definition in the Data Protection Act 1998;
“System Requirement” the minimum operating system requirements necessary to download, install and run the Digital Products details of which are set out on the Website;
“Website” the Abarta Heritage website at www.abartaheritage.ie and any of the sub-domains thereof;
“we”, “us”, “our,” “Abarta Heritage”, a company registered in Ireland, number 509558 with its registered address at, 1 Dillon Street, Clonmel, Co. Tipperary, Ireland. Email: email@example.com
“you”, “your,” “End User” the person or body downloading or purchasing product(s) from the Website.
2.1. Any Orders for Digital Products placed through the Website must be placed by following the download instructions on the Website.
2.2. Once you have identified the Digital Products you wish to download in your Order, the relevant Fee(s) for that Order will be displayed prior to download together with the relevant payment details.
2.3. Following completion of your Order we will automatically e-mail you with your Order confirmation number.
3. Fees and Payment
3.1. Upon submission of your Order, you will be required to provide payment details for payment of the relevant Fee(s). Payment is only accepted by us by via credit or debit card or such other electronic transfer methods notified on the Website. All payments are handled by PayPal and Stripe and no credit card details are stored by Abarta Heritage.
3.2. All Fees will be payable in advance of download, and no download of a Digital Product will be authorised by us until full payment of the relevant Fee(s) for download of the relevant Digital Product(s) has been confirmed received by us.
3.3. Abarta Heritage reserves the right to refuse to authorise any download of any Digital Product to any person at any time at its sole discretion. In the event that any download is not authorised by Abarta Heritage under this clause and the relevant download is not completed, any Fee that may have been paid to Abarta Heritage for that download will be refunded to you.
4.1. In consideration of payment by you to us of the relevant Fee(s) in accordance with clause 3 of these terms and conditions, Abarta Heritage hereby grants to you a non-exclusive licence to install and use the Digital Product(s) contained within your Order strictly as follows:
4.1.1. you may install and use each relevant Digital Product(s), for which the relevant Fees have been paid by you to us, for your own personal, non commercial use only;
4.1.2. you may make one copy of the relevant Digital Product(s) for your own personal, non-commercial back-up purposes.
4.2. Subject to the terms of this agreement, this agreement does not permit you to install and use the Digital Product(s) contained within your Order for any of the following purposes and you acknowledge and agree that you will not:
4.2.1. use, copy, transfer, publish, sell, lend or distribute the Digital Product(s) or part of them other than as strictly permitted by this agreement under clause 4.1;
4.2.2. reverse engineer, decompile, disassemble, adapt, modify, merge or translate the Digital Product(s) save as the applicable law may provide otherwise.
5.1. Under the Consumer Protection (Distance Selling) Regulations 2000, if you are acting as consumer, you are granted a statutory seven (7) day cancellation period commencing on the completion of your Order during which you may cancel your Order. This clause 5 sets out and clarifies the operation of this cancellation period with regards to the download of Digital Products from the Website.
5.2. The provision of the Digital Products through the Website is a service. You agree and understand that the provision of the Digital Products will occur upon the placing of an Order, prior to the expiry of the seven (7) day cancellation period. As such, your right to cancel the Order will expire either on the expiry of the period of seven (7) days from your placing of the Order or when you commence downloading the Digital Product.
5.3. Subject to the above terms and conditions, any cancellation of an Order must be effected by contacting us via the ‘contact us‘ section on this website and quoting your Order reference number. Upon receipt of such request for cancellation and verification by us that the relevant Digital Product(s) have not been downloaded, we will cancel the Order and refund the relevant Fee(s) to you. If you wish to re-purchase the relevant cancelled Digital Product(s) you must place a further Order.
6. Limited Warranty
6.1. Abarta Heritage warrants only that each Digital Product will function reasonably satisfactorily if used correctly, in line with any instructions provided and on the correct supported operating system meeting the System Requirement for a period of 30 days after the date of download. Abarta Heritage does not warrant that the operation of any Digital Product(s) will be uninterrupted or error free or that errors can be corrected.
6.2. In no circumstances shall we be liable for any failure of any Digital Product to perform, resulting from a failure by you to comply with the minimum technical requirements relating to the running of Digital Downloads set out on the Website.
6.3. Additionally, you acknowledge that whilst the Digital Products downloaded from the Website may be used in combination with third party MP3 hardware and software, we bear no liability, howsoever arising, for any loss, damage or cost that arises from a failure of any Digital Product to integrate with your own or third party software.
6.4. Abarta Heritage gives no warranty that the area which the audio guide relates to is safe and reminds you to take care for your physical wellbeing. While you are using the guide, you are reminded to pay attention to your surroundings including, but not limited to dangerous traffic, obstacles on the pavement and any other dangerous situation you may come across.
7. Limitation of Liability
7.1. You acknowledge that the following provision reflects a fair allocation of risk. This agreement sets out our entire liability to you and all other liability of us to you is hereby excluded, subject that nothing shall exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from our negligence or wilful default.
7.2. You install and use each Digital Product at your own risk and in no event will Abarta Heritage be liable to you whether in contract, tort, by statute or otherwise in respect of any loss or damage of any kind, subject to clause 7.1 above, including special, indirect, incidental or economic loss, loss of profits, loss of goodwill or other consequential losses arising out of or in connection with any Digital Product or from errors or deficiencies in any Digital Product whether caused by negligence or otherwise.
7.3. You agree that our total liability under this agreement relating to each Digital Product shall not exceed (death or personal injury excepted) the Fee paid by you to us for the relevant Digital Product giving rise to the alleged claim, including where such liability arises out of our negligence.
7.4. The information, data and downloads provided on the Website are intended to be informative only and are provided on an “as is” and “as available” basis. By accessing and using the Website you acknowledge that any reliance upon any information obtained or received via the Website shall be at your sole risk.
7.5. We provide the information on and downloads of Digital Products via this Website without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.6. We do not warrant that the functions of this Website will be uninterrupted or error free, that defects will be corrected or that this Website or the servers that make it available are free of viruses.
7.7. In the event of an error in the downloading of a Digital Product which materially detracts from that Digital Product we will, on production by you of evidence satisfactory to us, at our discretion and where appropriate:
7.7.1. authorise download of a second copy of the relevant Digital Product or the relevant parts of that Digital Product to rectify the error;
7.7.2. provide you with a full or partial refund of the relevant Fee for the Digital product in question.
8. Intellectual Property Rights
8.1. All Intellectual Property Rights in Digital Products, any modification, adaptation, update, upgrade or improvement of the same, the name Abarta Heritage and any other trading names of Abarta Heritage such as Travel Guides belong to and vest absolutely in Abarta Heritage and nothing in this agreement or otherwise shall vest any such Intellectual Property Rights in the End User. All such Intellectual Property Rights of Travel Guides Ltd are hereby reserved.
8.2. All Intellectual Property Rights in the web content and other materials accessible on this Website is owned absolutely by Abarta Heritage or its suppliers unless stated otherwise on the Website. None of the web content or the other materials may be copied or reproduced without the express consent of Abarta Heritage.
8.3. The Website may contain links to other websites and/or portals owned by third parties (“Third Party Sites”), and these links to Third Party Sites are provided for your convenience only. Abarta Heritage will not be responsible for the web content or availability of such Third Party Sites. If you access a link to a Third Party Site you leave this Website and do so at your own risk.
8.4. Note that the existence of links to Third Party Sites on the Website does not imply that Abarta Heritage in any way endorses or is associated with such Third Party Sites or that any linked Third Party Site is authorised to use any copyright material, trade mark or logo of Abarta Heritage.
9. Data Protection and Privacy
10. Restrictions of the Internet
10.1. You acknowledge that:
10.1.1. we have no control over the Internet which is a global decentralised network of computer systems. Access to the Website for downloading Digital Products will not be error free or uninterrupted and may be very variable; and
10.1.2. that information, software and other material accessible over the Internet via the Website may contain viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. We are not liable and will not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet.
10.2. The Website is maintained by our hosting service providers. Every effort is made to ensure the continuity of the Website, but some occasional technical downtime beyond our control and/or the control of our hosting service provider may occur. Such downtime may prevent downloads being available via the Website or cause errors or delays in downloads for the duration of the down time. We will not be liable for any delays or errors resulting from a cause beyond our control and/or that of our hosting provider including, for the avoidance of doubt, hosting server downtime.
11. Terms and Conditions of Website Use
11.1. As a condition of your use of the Website, you agree not to nor attempt to upload, post or otherwise introduce any unlawful, libelous, sexually explicit, abusive or obscene information of any kind or material that violates the intellectual property rights or other rights of any other person. We reserve the right to remove all material that we consider violates these Terms and Conditions at any time and without further notification.
11.2. You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party the whole or any part of this Website.
11.3. You must not seek to access, alter or delete any information to which you do not have authorised access or take any action to interfere with the operation of the Website.
11.4. In the event that you intend to use the web content or material on this Website for purposes other than that permitted above, you must obtain our prior written consent which may be withheld entirely at our discretion.
11.5. It is possible that third parties may obtain unauthorised access to this Website and alter its content. Abarta Heritage will not be liable for any damage or loss arising out of or resulting from any such unauthorised access to, alteration to or modification of information contained on this Website which may include the uploading of viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components to the Website.
12. Term and Termination of Licence
12.1. This agreement will continue indefinitely, but will terminate immediately and automatically if you fail to comply with any of the terms and conditions set out in this agreement.
12.2. In the event that this agreement is terminated in accordance with clause 12.1, you agree that you will destroy and erase the Digital Products and all and any copies of the same in your possession or control and stored on the any medium whatsoever, and on Travel Guides Ltd request, you will certify in writing that you have done so.
13.1. You shall not assign, sub-licence or otherwise deal with this agreement, in whole or in part, without our written consent. We may assign our rights or obligations under these terms and conditions at anytime.
13.2. If any provision of this agreement is declared void, illegal, or unenforceable, the remaining terms of this agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
13.3. Any failure by any party to this agreement to enforce at any time any term or condition under this agreement will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this agreement.
13.4. This Agreement does not create, and shall not be construed as creating, any right under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not a party to it.
13.5. If you have a problem with any Digital Product or download thereof please contact Abarta Heritage through our ‘contact us‘ section on the website.
13.6. All other questions, comments or enquiries should be directed by email through our ‘contact us‘ section on this website.
14. Governing Law
14.1. We do not represent or warrant that the information on this Website complies with the regulatory regime of any other country. If you access the Website from other locations outside Ireland you do so entirely on your own risk and you are responsible for compliance with local laws.
14.2. The parties agree that these terms and conditions will be governed by Irish law and the parties submit to the exclusive jurisdiction of the Irish courts.