Terms & Conditions
1. Use of the pix.ie website
The pix.ie website is provided to you free of charge for your personal use subject to these Terms and Conditions.
By using the pix.ie website you agree to be bound by these Terms and Conditions.
These Terms and Conditions govern your use of the pix.ie website and all services provided in connection with it.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the pix.ie website. The changes will apply to the use of the pix.ie website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the pix.ie website. If you continue to use the pix.ie website after the date on which the change comes into effect, your use of the pix.ie website indicates your agreement to be bound by the new Terms and Conditions.
3. Password and Security
Should you be requested to register on the pix.ie website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us (see below for contact details) immediately.
If pix.ie has reason to believe that there is likely to be a breach of security or misuse of the pix.ie website, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.
4. Excluded Services
The services provided by the pix.ie website do not include the provision of computer or other necessary equipment to access pix.ie. To use the pix.ie website you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
5. Intellectual property
The content of the pix.ie website is protected by copyright, database and other intellectual property rights. You may retrieve and display the content of the pix.ie website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the pix.ie without written permission from pix.ie.
No licence is granted to you in these Terms and Conditions to use any trade mark of pix.ie.
You may not use the pix.ie website for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws,regulations or code of practice
Gaining unauthorised access to other computer systems
Interfering with any other person’s use or enjoyment of the pix.ie website
Breaching any laws concerning the use of public telecommunications networks
Interfering or disrupting networks or websites connected to the pix.ie website
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
pix.ie reserves the right to refuse to post material on the pix.ie website or to remove material already posted on the pix.ie website.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
Any claim by any third party that the use of the pix.ie website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
Any claim by any third party that the use of the pix.ie website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the pix.ie website by you.
7. Availability of the pix.ie website and services
pix.ie makes no promise that the services at the pix.ie website will meet your requirements. pix.ie cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to us (see below for contact details) or by email at email@example.com. We will attempt to correct the fault as soon as we reasonably can.
Your access to the pix.ie website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. pix.ie will attempt to restore the service as soon as it reasonably can.
8. pix.ie reserve the right to suspend or cancel your access to the website and services
pix.ie may suspend or cancel your access immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the pix.ie website. The suspension or cancellation of your right to use the pix.ie shall not affect either party’s rights or liabilities.
Paragraphs 8, 9, 12, 13, 16 and 17 of these Terms and Conditions shall survive cancellation.
10. pix.ie liability
The pix.ie website is provided by pix.ie without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The pix.ie websites may provide content from other Internet sites or resources and whilst pix.ie tries to ensure that material included on the pix.ie website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. pix.ie will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the pix.ie website. If pix.ieis informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
Incompatibility of the pix.ie website and service with any of your equipment, software or telecommunications links
Technical problems including errors or interruptions of the pix.ie website
Unsuitability, unreliability or inaccuracy of the pix.ie website
Inadequacy of the pix.ie website and services to meet your requirements
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the pix.ie website and services.
11. Third Party Websites
As a convenience to pix.ie visitors and customers, the pix.ie website includes links to other web sites or material which are beyond its control. Pix.ie is not responsible for content on the Internet or World Wide Web pages external to their site.
12. Advertising and Sponsorship
Part of the pix.ie website may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the pix.ie complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
13. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and any disputes will be decided only by the Irish courts.
14. International Use
pix.ie makes no promise that materials on the pix.ie website are appropriate or available for use in locations outside the Republic of Ireland, and accessing the pix.ie website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of Ireland, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and pix.ie ignores this, pix.ie will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
pix.ie shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
If for any reason beyond our reasonable control, we are unable to supply a particular service, we will not be liable to you. Please note that we will attempt to deliver substitute services should selected service be unavailable unless you request us not to do so.
There will be no contract of any kind between you and us unless and until we actually release the product or service to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually release the product or service to you. At any point up until then, we may decline to supply the product or service to you without giving any reason. At the moment that the product or service is released (and not before), a contract will be made between you and us.
We may utilise thrid party payment processing. Any card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
These Terms shall be governed by and construed in accordance with the laws of Ireland and any disputes will be decided only by the Irish courts.
If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.