Thom's Online Directory
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DATA PROTECTION CONSENT - LEGAL TERMS & CONDITIONS OF USE

YOU HEREBY ACKNOWLEDGE THAT BY ACCESSING, USING AND CONTINUING TO USE THIS WEBSITE AND THE SERVICES, MATERIALS AND INFORMATION CONTAINED HEREIN THAT YOU HAVE READ, UNDERSTOOD, ACCEPT, AGREE TO BE BOUND BY AND CONSENT TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE THEN DO NOT USE THIS WEBSITE.

Data Protection/Privacy

The Privacy Statement found in the website shall apply herein. Thomís Directories keeps personal data regarding Users for the following purposes:

(i) for registration for the Services and for providing the Services and information in relation to the Services via the Internet, telephone and by any other means whatsoever;

(ii) to administer and operate the Services and to conduct, monitor and analyse the Service and Thomís Directoriesí business;

(iii) to assist any Person to whom Thomís Directories proposes to transfer any of its rights and/or responsibilities;

(iv) to comply with any legal or regulatory requirement of any jurisdiction;

(v) for the purpose of direct marketing by Thomís Directories, whether such direct marketing is in relation to Thomís Directories or other Persons or products, or for the provision of the Services;

(vi) of complying with a Court order or other legal process;

(vii) protecting our rights or our property;

(viii) to enforce our Terms and Conditions of Use;

(ix) to operate our security operations;

(x) obtaining advice and/or information from Thomís Directoriesí professional advisors;

(xi) providing directory, listing and information services via the Internet and by any other means whatsoever, with any searchable means whether currently available or to become available in the future, which information may be accessed, viewed, downloaded or otherwise dealt with by Users and such access, viewing, downloading or other dealing may be for the purposes of direct marketing, determining location of businesses or individuals or otherwise.

Users hereby irrevocably, unconditionally and unambiguously consent to any present or future use, transfer or disclosure howsoever arising of the personal data for any and all of the herein stated purposes.

Technical information in aggregate (i.e., statistical information) may be shared with third parties.

For the purpose of providing the Services, Userís personal data may be provided to third parties involved in the processing of credit card payments and the delivery of Directories and the User acknowledges and consents to third parties having access to their personal data for that purpose. Users agree to indemnify and hold Thomís Directories and all Affiliates harmless for any use other than for the provision of the Services or use contrary to the Data Protection Act, 2003 which third parties may make of such personal data.

Users agree to comply with the laws of any applicable jurisdiction regarding privacy and data protection. Users further agree not to do any act, or refrain from doing any act, which would cause Thomís Directories to be in breach of any and all privacy and data protection laws, codes or agreements relating thereto.

If a User would like to update or otherwise change or delete any information in Thomís On-line Directory, Thomís Dublin Street Directory or Thomís Commercial Directory please contact: email address: data@thoms.ie

GENERAL LEGAL TERMS & CONDITIONS OF USE

YOU HEREBY ACKNOWLEDGE THAT BY ACCESSING, USING AND CONTINUING TO USE THIS WEBSITE AND THE SERVICES, MATERIALS AND INFORMATION CONTAINED HEREIN THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE THEN DO NOT USE THIS WEBSITE.

The On-line Services


The On-line Services are at present limited to Business Listings for Dublin and 163 other cities and towns with classified listings in Thom's Commercial Directory and Residential Listings for Dublin, Bray and 30 other Cities and towns with Street Directories in Thom's Commercial Directory and ordering hard copy bound versions of Thom's Dublin Street Directory and Thom's Commercial Directory (which include both business and residential listings).

Users may order Directories on this website or by email or by post. Such directories ordered on this website will normally be delivered by An Post or by Courier.

Terms and conditions apply to the ordering of hard copy bound versions of Thomís Dublin Street Directory and Thomís Commercial Directory via telephone, facsimile and post and are available upon request.

Thomís On-line Directory

The Services include the searching of Thom's On-line Directory on this website. The User must first register and purchase a minimum of 100 credits for Ä15.00 plus VAT @ 23% where applicable. Each search will cost 20 credits. The number of Hits resulting from the Userís searches is displayed on this website. The User may then select the number of Hits per page and elect to view and download the Pages resulting from the Userís searches. If the User views a page, the number of Hits viewed will each cost an additional 1 credit. Where there is no name entered against an address in the data base, this will nevertheless constitute a Hit. A User must have purchased credits within nine months of the date of a search. Credits purchased more than nine months before the date of the search will still be valid provided some credits have been purchased within the nine month period.

Business users may request that their details be included in Thom's Online Business Directory and the next edition of the hard copy bound Thomís Commercial Directory by use of the Listings Application Form on this website or by sending the information to Thomís Directories by Fax or Post Any listing request by the User is subject to verification and acceptance by Thomís Directories, which acceptance will be notified by E-mail to the applicant where possible. Basic individual business listings are Free of charge. Fees for incorporating on this website a link to another website or additional information in respect of business listings are available upon request. The extent of the information provided in Thomís Online Business Directory is at the sole discretion of Thomís Directories.

The information in Thom's Online Business Directory is subject to continuing review and will be updated as often as is commercially practicable.

Any amendments required in Thom's Online Business Directory should be communicated to Thomís Directories by email.

The Services provided by Thomís Directories are not currently WAP (Wireless Application Protocol) enabled.

This website is broadcast or distributed globally and may contain references to Thomís Directoriesí Services that have not been announced in the Userís country. These references do not imply that Thomís Directories intends to announce such Services in the Userís country. The Services are at present only offered in the European Economic Area, namely the following countries:

Ireland
Great Britain
Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Norway
Poland
Romania
Portugal
Slovakia
Slovenia
Spain
Sweden
The Netherlands

Credit Card Details

It will be assumed by Thomís that all credit card details are provided by a Person who has the authority to use such credit card and Thomís shall have no responsibility whatsoever in relation to the unauthorised use of credit cards of any kind by Users.

Excluded Services and Refunds

Thomís Directories reserve the right to refuse the Services to any User and without giving any reason therefor.

Notwithstanding the provisions of these Terms and Conditions of Use if due to reasons beyond the control of Thomís Directories, Thomís Directories is unable to provide the Services, Thomís Directories reserves the right to terminate the Services. Thomís Directories reserves the right to terminate the Services at any time and/or for any reason. Thomís Directories may at Thomís Directoriesí sole discretion, refund or partially refund the User any monies paid by the User upon termination of the Services or for Services not provided.

Thomís Directories does not offer Services to Users in relation to, without limitation, information or services for the purposes of Direct Marketing where the information contains any personal data.

Disclaimer and Liability

THE SERVICES CONTAINED ON THIS WEBSITE AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE PROVIDED BY THOMíS DIRECTORIES ON AN ďAS ISĒ BASIS AND ARE MADE AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THOMíS DIRECTORIES EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR ANY WORKS, MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED OR ACCESSIBLE VIA THE SERVICE. IN PARTICULAR NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, IS MADE IN RELATION TO THE ACCURACY, RELIABILITY OR OTHERWISE OF ANY SERVICES, INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE OR THAT THEY WILL MEET USER REQUIREMENTS OR EXPECTATIONS OR THAT THEY DO NOT INFRINGE ANY RIGHTS OF THIRD PARTIES (OR INCLUDING DATA SUBJECTS IF APPLICABLE).

RELIANCE UPON ANY SUCH MATERIALS OR INFORMATION OR USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY IS AT USERíS SOLE RISK AND THOMíS DIRECTORIES IS NOT LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, CONSEQUENTIAL LOSS, OR ANY OTHER DAMAGES OR LOSSES HOWSOEVER OCCASIONED OR LOSSES RESULTING FROM THE USE OF OR FROM THE INABILITY TO USE THIS WEBSITE.

ALL IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

THOMíS DIRECTORIES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT MESSAGES, INFORMATION, EMAILS (INCLUDING ANY ATTACHMENTS THERETO) OR REQUESTS WILL BE DELIVERED, THAT THE WEBSITE WILL BE AVAILABLE OR THAT THE WEBSITE, EMAILS (INCLUDING ANY ATTACHMENTS THERETO) OR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THOMíS DIRECTORIES CANNOT ACCEPT ANY LIABILITY OR RESPONSIBILITY FOR AND NO WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IS GIVEN IN RELATION TO ANY INFORMATION VIEWED ON THE WEBSITE OR DOWNLOADED OR SAVED OR OTHERWISE DEALT WITH BY THE USER.

IF A COURT OF COMPETENT JURISDICTION FINDS THAT LIABILITY FOR DAMAGES EXISTS AGAINST THOMíS DIRECTORIES, ITS AGENTS, PARTNERS, EMPLOYEES, REGARDLESS OF THE WARRANTIES, DISCLAIMERS AND WAIVERS DESCRIBED HEREIN, SUCH DAMAGES SHALL BE LIMITED TO NO MORE THAN THE TOTAL FEE THOMíS DIRECTORIES CHARGED TO THE USER. SUCH DAMAGES SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO COMPENSATE THE USER REGARDLESS OF ANY WARNING OF LOSS OR OF CORRUPTION OF DATA OR DAMAGE TO THE HARDWARE OR SOFTWARE OF THE USER.

Third Party Disclaimer And Third Party Links

THOMíS DIRECTORIES IN NO WAY ENDORSES OR VOUCHES FOR ANY ADVERTISEMENTS, PERSONS, COMPANIES, ORGANISATIONS, MATERIALS, PRODUCTS OR OTHER SERVICES WHICH MAY BE REFERRED TO BY THOMíS DIRECTORIES EITHER ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH USER IS REFERRED TO BY THOMíS DIRECTORIES OR BY ANY OTHER MEANS HOWSOEVER AND THOMíS DIRECTORIES DOES NOT VOUCH FOR THE QUALITY OF ANY WORKS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS DISPLAYED, ORDERED, PURCHASED OR OBTAINED BY USERS AS A RESULT OF THE SERVICES. THOMíS DIRECTORIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE SUFFERED, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL ARISING OUT OF ANY ARRANGEMENT ENTERED INTO AS A RESULT OF ANY SERVICES OR ANY INFORMATION PROVIDED, LISTED OR SUPPLIED BY THOMíS DIRECTORIES. THOMíS DIRECTORIES SHALL NOT BE LIABLE OR REPSONSIBLE FOR ANY DELAYS, LOSS, DAMAGE SUFFERED, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, ARISING OUT OF THE USE OF POSTAL SERVICES (E.G. THE SENDING OF DOCUMENTS BY POST) OR RESULTING FROM OR INVOLVING THE PLACING OR AMENDING OF A PARTICULAR LISTING ON THE WEBSITE.

IN PARTICULAR, THOMíS DIRECTORIES DO NOT ENDORSE AND ARE NOT ASSOCIATED WITH (WITH THE EXCEPTION OF COMPANIES WITHIN ITíS GROUP) AND HAVE NOT VERIFIED THE BUSINESSES, PERSONS, GOODS OR SERVICES OFFERED BY, WITH, IN CONJUNCTION WITH OR ASSOCIATED WITH ENTRIES IN THE THOM'S ONLINE BUSINESS DIRECTORY.

INFORMATION AVAILABLE ON THIS WEBSITE OR OTHERWISE AVAILABLE IN RELATION TO THE SERVICES MAY BE OBTAINED FROM THIRD PARTIES BUT THOMíS DIRECTORIES ACCEPTS NO RESPONSIBILITY FOR AND MAKES NO REPRESENTATION OR WARRANTY IN RELATION TO THE SERVICES, MATERIALS AND INFORMATION OR THE ACCURACY THEREOF.

NO WARRANTY OR REPRESENTATION IS GIVEN THAT ANY OR ALL APPLICABLE CONSENTS HAVE BEEN OBTAINED NECESSARY FOR THE USER TO CARRY OUT USERíS INTENDED USE OF ANY INFORMATION RECEIVED UNDER THE SERVICES.

USERS MAY ACCESS THIS WEBSITE VIA LINKS PROVIDED BY OTHER WEBSITES AND THOMíS DIRECTORIES MAY PROVIDE USERS WITH LINKS TO OTHER WEBSITES INCLUDING INFORMATION CONTAINED IN SUCH LINKED WEBSITES BY E-MAIL OR OTHERWISE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THOMíS DIRECTORIES AND HAVE NOT BEEN INDEPENDENTLY AUTHENTICATED IN WHOLE OR IN PART BY THOMíS DIRECTORIES AND THOMíS DIRECTORIES IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITES INCLUDING WITHOUT LIMITATION ANY LINK IN A LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO A LINKED WEBSITE. THOMíS DIRECTORIES IS PROVIDING THESE LINKS AS A CONVENIENCE AND THE INCLUSION OF ANY LINKS DOES NOT IMPLY AN ENDORSEMENT BY THOMíS DIRECTORIES OF THE WEBSITE OR ANY ASSOCIATION WITH ITS OPERATORS.

Unauthorised Access

While Thomís Directories takes reasonable precautions in relation to use and access to this website, Users accept all risk of information or instructions being given by an unauthorised person and the possibility of hacking, cracking, viruses and any and all manner of unauthorised access, use, activity or purpose which may occur on or in relation to this website and the Services and agree to indemnify and hold harmless Thomís Directories fully against all actions, claims, demands, liabilities, payments, Losses, costs, charges, damages and expenses which Users may make, suffer or incur directly or indirectly in connection with or arising out of such activity.

Thomís Directories shall not be liable or be deemed to be in breach of these Terms and Conditions of Use by reason of any delay in performing, or failure to perform, any of Thomís Directories obligations in relation to the Services if the delay was due to any cause beyond Thomís Directoriesí reasonable control including and without limitation, equipment malfunctions or periodic maintenance, computer viruses or unauthorised access of this website or other systems of Thomís Directories. If Thomís Directories ability to render the Services is impaired by User or circumstances beyond our control, Thomís Directories may choose not to continue the Services without any recourse by the User against Thomís Directories.

Force Majeure

Thomís shall not be liable to User for any loss or damage arising due to failure to perform its obligations under this Agreement due to any cause beyond Thomís reasonable control including, without limitation, any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, the act or omission of Government, highways authorities, public telecommunications operators or administrative or other competent authority, war, military operations, riot, or difficulty, delay or failure due to any such case in manufacture, production or supply by third parties of any goods or services required by Client.

Waiver of Claims

IN NO EVENT SHALL THOMíS DIRECTORIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, OR HARDWARE OR SOFTWARE DAMAGE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION OR SERVICES PROVIDED BY THOMíS DIRECTORIES INCLUDING ANY INFORMATION OR SERVICES IN CONNECTION WITH THOMíS DIRECTORIESí SERVICES, WHETHER OBTAINED WITH OR WITHOUT CHARGE.

User Responsibilities and Conditions

Prior to seeking the Services, User has sole responsibility for adequate protection and backup of data and/or equipment used in connection with any Services or information provided by Thomís Directories and User will not make a claim against Thomís Directories for any reason, including, but not limited to, User providing inadequate registration information, inadequate or misleading information or omission of information relating to a query or problem for which the User uses the Services, or improper use or maintenance of software, hardware or peripherals, lost data, re-run time, inaccurate output, work delays, lost profits resulting from the use of the Service or any materials or information provided. User also has sole responsibility for ensuring that any and all applicable consents have been obtained for any intended uses of the information received under the Services. User has sole responsibility for any misuse or use in breach of statutory or contractual duty of the information received under the Services.

Intellectual Property Notice

All materials and information contained on the website are protected by copyright, database rights, unfair extraction rights and other Intellectual Property rights. Users acknowledge that they do not acquire any Intellectual Property rights in the Service or in the information contained or accessible via the Service.

Copyright Notice

All copyright materials including, but not limited to, text, images, designs, logos, graphics, the selection, presentation and arrangement of materials (including information in the public domain) and the overall design and layout of this website are the copyright of Thomís Directories. All rights are reserved.

Trade Mark Notice

Thomís Directories, associated logos and marks indicated on this website are trade marks of Thomís Publications Limited or associated companies.

User Policy

The only permitted use of this website is to view and display User search results, register for the Services, access the Services, search Thom's Online Business Directory, access information about Thomís Directories, contact Thomís Directories and to enable downloading of one copy (including storing one electronic copy of the information for that purpose) provided as part of the Services wherever and to the extent that same is expressly permitted herein. Any other use of the materials or information whether by copying, reproducing, storing, recording, downloading, broadcasting, publishing, distributing, re-transmitting, modifying, altering, linking, framing, meta-tagging or otherwise whatsoever is expressly prohibited.

Users are permitted to retain one hard copy and one electronic copy of the Pages of the search results. Users are not permitted to use that copy for purposes contrary to the legitimate business purposes of Thomís Directories including but not limited to the provision of such copies or the information contained therein to third parties.

Alterations

Thomís Directories expressly reserves the right to suspend, modify, alter or withdraw any Services, materials or information, or any part thereof, at any time at its sole discretion. Any registration or account may be cancelled or suspended at any time for non-payment, breach of Terms and Conditions of Use or any other reason which Thomís Directories at its sole discretion may decide. The materials and information on this website may also be updated from time to time. No responsibility is accepted by Thomís Directories for keeping the materials and information up to date.

Severability

Any term or provision which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions or affecting the validity or enforceability of the terms and provisions in any other jurisdiction. If any provision is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.

Waiver

Thomís Directoriesí failure to enforce any provision of the Terms and Conditions of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Interpretation

Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all gender and words denoting persons shall include bodies corporate, unincorporated associations and partnerships. The headings in these Terms and Conditions of Use are for convenience only and are not intended to have any legal effect.

Availability

All Services offered by Thomís Directories are subject to availability.

Minors

Services are only available to persons over the age of 18 years.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement and understanding of the parties and supersede any and all prior written or oral representations, agreements, or understandings between them and any advertising or promotional material, relating to the subject matter of these Terms and Conditions of Use.

Amendments

Thomís Directories reserve the right, at any time and without notice, to add to, change, update or modify these Terms and Conditions of Use, simply by posting such addition, update or modification on this website. Any such change, update or modification will be effective immediately upon posting on this website.

Miscellaneous

Use of the Services or acceptance of these Terms and Conditions of Use by the User shall not imply any joint venture, partnership, employment or agency relationship between the parties hereto.

Electronic Signatures

The User accepts and consents to the use of electronic signatures.

TERMS AND CONDITIONS OF SALE OF DIRECTORIES

Terms and Conditions Applicable

These Terms and Conditions shall apply to all contracts for the sale of the Directories by Thomís to the Buyer to the exclusion of all other terms and conditions, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.

All orders for the Directories shall be deemed to be an offer by the Buyer to purchase Directories pursuant to these Terms and Conditions.

Acceptance of delivery of the Directories shall be deemed conclusive evidence of the Buyerís acceptance of these Terms and Conditions.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Thomís.

Quantity and Description of Directories

The Buyer shall inform Thomís of the quantity of Directories it requires (the ďOrderĒ).

The Directories will be updated by Thomís as often as is commercially practicable.

Thomís expressly reserves the right to modify, alter or withdraw the Directories or any part thereof, at any time at its sole discretion.

The price of the Directories and Services

The price shall be Thomís quoted price (which Thomís can change in the case of an error), or were no price has been quoted (or a quoted price is no longer valid), the price listed in Thomís published price list at the date Thomís accepts the Order.

The price is inclusive of VAT which shall be due at the rate ruling on the date of Thomís invoice and shall be inclusive of all charges for packaging, packing, shipping, carriage, and delivery of the Directories to the Delivery Address within Ireland. An additional charge will apply to orders for delivery outside Ireland.

Delivery of the Directories

Upon receipt of payment in full for the Directories, delivery of the Directories shall be made to the Buyerís address via post or courier. The Buyer shall make all arrangements necessary to take delivery of the Directories whenever they are delivered.

Risk and Property

Risk of damage to or loss of the Directories shall pass to the Buyer upon delivery to the Buyer in accordance with these Terms and Conditions.

Property in the Directories shall not pass from Thomís until:-

  the Buyer shall have paid the price (including VAT where applicable) in full; and

  no other sums whatever shall be due from the Buyer to Thomís.

It will be assumed by Thomís that all credit card details are provided by a Person who has the authority to use such credit card and Thomís shall have no responsibility whatsoever in relation to the unauthorised use of credit cards of any kind by the Buyer or any other party.

Acceptance of the Directories

The Buyer shall be deemed to have accepted the Directories on receipt by the Buyer.

Notwithstanding the provisions of these Terms and Conditions, if due to reasons beyond the control of Thomís, Thomís is unable to supply the Directories, Thomís reserves the right not to supply the Directories. Thomí may at Thomís sole discretion, refund or partially refund to the Buyer any monies paid by the Buyer upon termination upon non supply of the Directories.

Intellectual Property

ďThomísĒ and ďThomís DirectoryĒ and associated logos and marks are trade marks of Thomís or Associated Companies.

No right or licence is granted under these Terms and Conditions to the Buyer under any patent, trade mark, copyright, registered design or other Intellectual Property right except the right to use or the Directories.

Collection and Use of Personal Information

All personal information shall be collected and retained in accordance with this Clause. The personal information is used by the Buyer only in accordance with the purpose for which Thomís provides it.

The Buyer consents to Thomís obtaining, retaining and processing the Buyerís personal details as set out in the Order Form for the purpose of processing his/her Order for the Buyer to purchase the Directories and for the purpose of direct marketing by Thomís, whether such direct marketing is in relation to Thomís Directories or other Persons or products.

Any personal information which the Buyer provides to Thomís is not made available to third parties other than as set out hereunder.

Warranties and Liability

Thomís excludes to the fullest extent permitted by law, all warranties of merchantability and fitness for a particular purpose and no representation or warranty whether express or implied is made in relation to the accuracy, reliability or otherwise of any information or materials contained in the Directories, including personal data or that they will meet the Buyerís requirements or expectations or that they do not infringe any rights of third parties including data subjects. All implied warranties terms and conditions whether implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

Thomís shall not be liable for any loss, howsoever arising out of the supply of the Directories.

If a court of competent jurisdiction finds that liability for damages exists against Thomís, its agents, partners, employees, regardless of the warranties, disclaimers and waivers described herein, such damages shall be limited to no more than the price Thomís charged to the Buyer for the Directories. Such damages shall constitute liquidated damages and are a reasonable estimate of damages to compensate the Buyer for its Loss.

General

These Terms and Conditions govern the agreement between the Buyer and Thomís and replace all previous agreements, understandings between the Buyer and Thomís.

These Terms and Conditions shall take effect immediately once an Order has been accepted by the Thomís. These Terms and Conditions are deemed to be accepted by the Buyer upon receipt of the Terms and Conditions signed by the Buyer acknowledging acceptance.

No variation or alteration of these Terms and Conditions shall be valid unless expressly agreed and confirmed in writing by the Thomís.

Neither party shall be liable for any default due to any act of god, war, strike, lockout, industrial action, fire, flood, drought or other event beyond reasonable control of either party.

If the any provision of these Terms and Conditions shall be invalid or unenforceable, it shall not affect any other provision which will remain in full force and effect.

Any waiver by Thomís shall not be considered as a waiver of the same succeeding or any other breach of any same provision and any delay shall not operate as a waiver by Thomís.

These Terms and Conditions are governed by Irish law and each party agrees to submit to the exclusive jurisdiction of the Irish courts.

Any notice required of permission to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision and to the party giving the notice.

JURISDICTION

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the Irish courts.

DEFINITIONS

In these legal terms and conditions for the provision of Services and the sale of Directories, the following words and terms shall have the following meanings:

ďAffiliateĒ means

(i) any other Person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under the common control of such Person;
(ii) any officer, director, partner, employer, or direct or indirect beneficial owner of any 10% or greater equity or voting interest of such Persons; or
(iii) any other Person for which a Person described in clause (ii) acts in any such capacity.

ďBuyerĒ means the person who buys or agrees to buy the Directories from Thomís.

ďDirectoriesĒ means Thomís Dublin Street Directory and/or Thomís Commercial Directory.

ďHit(s)Ē means an individual listing contained in Thom's Online Directory returned by a Userís search.

ďIntellectual PropertyĒ means copyrights, patents, trade marks, service marks, service names, domain names, unregistered trade marks and service marks, together with all goodwill connected therewith and registrations and applications thereof, registered designs, trade secrets, know-how, database rights, computer software (including source code and object code or documentation relating thereto), rights in designs (whether registrable or not), inventions rights under licences and consents in relation to any such rights and rights of the same or similar effect or nature in any part of the world.

ďListings Application FormĒ means the business directory application form available on this website and subject to these Terms and Conditions of Use.

ďLossĒ means any and all losses, liabilities, damages, claims, judgements, settlements and expenses (including interest and penalties recovered by a third party with respect thereto and legal costs and expenses, accountants' costs and expenses and other costs incurred in the investigation or dispense of any of the same or in asserting, preserving or enforcing any rights, including but not limited to special or consequential loss or damages. ďLossesĒ shall be construed accordingly.

ďThomís Online DirectoryĒ means the listings available on this website.

ďThomís Online Business DirectoryĒ means the business listings available on this website

ďThomís or ďThomís DirectoriesĒ means Thomís Publications Limited and its agents, employees, directors or other Person acting on itís behalf, or with itís authority.

ďPage(s)Ē means a web page containing a maximum of 25 Hits and a minimum of 1 Hit.

ďPersonĒ means any natural person or any legal, commercial or governmental entity, such as, but not limited to, a corporation, general partnership, joint venture, limited partnership, limited liability company, trust, business association, group acting in concert, or any person acting in a representative capacity.

ďServiceĒ means the services provided to Users by Thomís Directories on this website, including but not limited to access to this website, Listings Application Form and the registration for searching of Thom's Online Directory or other information.

ďUserĒ means any person accessing or viewing the website and/or using the Services and any person who has a business listing or advertisement with Thomís Directories.





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