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terms-of-useage

Hard Metal E-Commerce Website Terms of Use

1st May 2018

Please read this Agreement carefully. It contains important clauses (which, in particular, limit our liability to you) which you should read before using this Website which, as outlined below, indicates your acceptance of this Agreement.

1. The Agreement

1.1 This page (together with any documents that may be referred to on it) (together, called the “Agreement”) tells you the terms and conditions on which you make use of this website www.hardmetal.ie (called the “Website”), whether as a guest or registered user.
1.2 This Agreement was last amended on 01/05/2018
1.3 Please read the Agreement carefully before starting to use this Website. By using this Website, you indicate that you (including any person, organisation or entity on whose behalf you are acting) accept this Agreement and that you agree to be bound by it.
1.4 If you do not agree to this Agreement, you must refrain from using this Website.
1.5 Hard Metal Machine Tools Ltd. recommends that you print or save a copy of the Agreement for future reference.
1.6 The Agreement may be revised from time to time by Hard Metal Machine Tools Ltd. Therefore, the Agreement should be read carefully each time that you intend to use this Website.
1.7 In this Agreement, “you” and “your” means both you and/or the person, organisation or entity on whose behalf you are acting.
1.8 None of the provision of this Agreement will be interpreted so as to deprive you of any rights you have as a consumer under applicable mandatory law.

2. Information about us
2.1 This Website is operated by Hard Metal Machine Tools Ltd. (called “Hard Metal” which expression includes its successors and assigns).
2.2 Hard Metal is a company with limited liability registered under the laws of Ireland with registered number 53673 and registered office at 2nd Floor, Behan House, Mount Street, Dublin 2, Ireland. Hard Metal’s trading address is Dargan House, Duncairn Terrace, Bray, Co. Wicklow, Ireland. Hard Metal’s VAT number is IE 9F 63112A. Hard Metal can be contacted by e-mail: sales[at]hardmetal.ie or by phone: 00353 1 2862466
2.3 Any complaints can be addressed to Hard Metal at the above address or contact details.

3. Serviced Countries
3.1 This Website is intended for use only by persons legally resident in Ireland or Northern Ireland

4. Accessing the Website

4.1 Access to this Website is permitted on a temporary basis, and Hard Metal reserves the right to withdraw or amend the service we provide on this Website without notice (see below). Hard Metal is not liable if for any reason the Website is unavailable at any time or for any period.

4.2 From time to time, Hard Metal may restrict access to some parts of this Website, or the entire Website, to users who have registered with Hard Metal.

4.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Hard Metal’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Hard Metal has the right to disable any user identification code or password, whether chosen by you or allocated by Hard Metal, at any time, if in Hard Metal’s opinion you have failed to comply with any of the provisions of this Agreement.

4.4 When using this Website, you must comply with the provisions of Hard Metal’s acceptable use policy.

4.5 You are responsible for making all arrangements necessary for you to have access to this Website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of this Agreement, and that they comply with it.

5. Intellectual Property Rights

5.1 Hard Metal is the owner or the licensee of all intellectual property rights in this Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2 You may print off one copy, and may download extracts, of any page(s) from this Website for your personal reference and you may draw the attention of others within your organisation to material posted on this Website.

5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.4 Hard Metal’s status (and that of any identified contributors) as the authors of material on this Website must always be acknowledged.

5.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from Hard Metal or its licensors.

5.6 If you print off, copy or download any part of this Website in breach of these terms of use, your right to use this Website will cease immediately and you must, at Hard Metal’s option, return or destroy any copies of the materials you have made.

6. Registration

6.1 You are not required to register if you simply want to browse through the content on this Website.

6.2 However, registration is required to purchase goods or products through the Website. Registration is at the sole discretion of Hard Metal. Only entities or persons legally resident in Ireland or Northern Ireland may register.

6.3 You will be asked to provide information such as your name, address, consumer / business status, telephone number, company name, position in company, department in company and email address in order to register. All information supplied must be complete and accurate and up-to-date. In addition, you must choose a user ID and password. Hard Metal may restrict the user ID or password you can choose.

6.4 If Hard Metal accepts your application for registration, you will be provided with an individual account.

6.5 Hard Metal may at any time, without notice or reason, suspend or terminate your access to this Website, any service forming part of this Website or your account with Hard Metal. Hard Metal is not liable to you or any third party for any suspension or termination in this way.

7. Invitation to Make An Offer Only

7.1 The content of this Website does not constitute, and should not be construed as, the terms of a contractual offer. Rather, it is an invitation to you to make an offer to Hard Metal to purchase the relevant good.

8. Reliance on Information Posted

8.1 While Hard Metal endeavours to give reasonable reviews and information, commentary, reviews and other materials and information posted on this Website are not intended to amount to advice on which reliance should be placed. Hard Metal therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to this Website, or by anyone who may be informed of any of its contents.

9. This Website Changes Regularly

9.1 Hard Metal aims to update this Website regularly, and may change the content at any time. If the need arises, Hard Metal may suspend access to this Website, or close it indefinitely. Any of the material on this Website may be out of date at any given time, and Hard Metal is under no obligation to update such material.

10. Hard Metal’s Liability

10.1 The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by applicable law, Hard Metal, and third parties connected to Hard Metal hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this Website or in connection with the use, inability to use, or results of the use of this Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of, or loss of use of, data, equipment or infrastructure;

(vi) loss of goodwill or reputation;

(vii) wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or even if Hard Metal was advised in advance of the possibility of such loss or damage.

11. Information About You and Your Visit to this Website

11.1 Hard Metal processes information about you in accordance with Hard Metal’s privacy policy. By using this Website, you consent to such processing and you warrant that all data provided by you is accurate, complete and not misleading.

12. Transaction Concluded Through this Website

12.1 Contracts for the supply of goods and products (and any software or technology incorporated or included in them) formed through this Website or as a result of visits made by you are governed by our terms and conditions of supply.

13. Viruses, Hacking And Other Offences

13.1 You must not misuse this Website site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or by harvesting or unlawfully collecting information available on this Website. You must not attempt to gain unauthorised access to this Website, the server on which it is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack.

13.2 By breaching this provision, you may commit a criminal offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 and/or the Criminal Damage Act 1991. Hard Metal will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.

13.3 Hard Metal is not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

14. Linking To this Website

14.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage Hard Metal’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Hard Metal’s part where none exists.

14.2 You must not establish a link from any website that is not owned by you.

14.3 This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. Hard Metal reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

14.4 If you wish to make any use of material on this Website other than that set out above, please address your request to sales[at]hardmetal.ie.

15. Links From this Website

15.1 Where this Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Hard Metal has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

16. Entire Agreement

16.1 This Agreement represents the entire understanding between you and Hard Metal concerning the use of this Website and all prior promises, representations, agreements and understanding are hereby revoked. You confirm by using this Website in accordance with this Agreement that you have not relied on any representations or warranties that are not set out in this Agreement.

17. Assignment

17.1 You agree that we may transfer, assign, sub-licence or sub-contract in any manner whatever any of our rights and obligations, in whole or in part, to a subsidiary or affiliate company, successor or any purchaser of all or any part of Hard Metal’s assets.

18. Jurisdiction and Applicable Law

18.1 Ireland is the place of performance in respect of this Website. Hard Metal does not represent that materials or goods displayed on this Website are appropriate or available for use outside of Ireland.

18.2 The Irish courts have exclusive jurisdiction over any claim arising from, or related to, a visit to this Website or any matter or dispute arising out of, or in connection with, a visit to this Website (although Hard Metal retains the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country).

18.3 This Agreement and any dispute, claim or matter arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) is governed by and construed in accordance with Irish law.

19. Variations

19.1 Hard Metal may revise this Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Hard Metal makes, as they are binding on you. Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on this Website.

20. Your Concerns

20.1 If you have any concerns about material which appears on this Website, please contact sales[at]hardmetal.ie.