Terms of use - Hubster.ie

General Website Terms and Conditions of Use.

About our terms and conditions

These terms of use explain how you may use this website (the Site) and our service (the Services).

References in these terms to the Site Hubster.ie

You should read these terms and conditions carefully before using the Site or our Service.

By accessing or using the Services, or accessing or using the Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them, whether or not you are a registered user of our Service.

If you do not agree with or accept any of these terms, you should stop using the Site immediately.

If you have any questions about the Site that are not answered by our Frequently Asked Questions, please contact us here.

Definitions

‘Account’ means the account created on the Site by a registered user;

'Content' means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

‘Services’ means any and all services provided to you by Hubster.ie, including but not limited to access to the services provided by the Site and the user-managed functionality of the Site;

'Uploaded Author Content' means any Content uploaded to the site by a user relating to an Author’s account;

Website acceptable use policy means the policy which governs your permitted use of the Site;

'Website cookie policy' means the policy, which governs how we use cookies in the Site;

'Website privacy policy' means the policy, which governs how we process any personal data collected from you;

'We, us or our' means Hubster.ie;

'You or your' means the person accessing or using the Services, the Site or its Content.

Your use of the Site means that you must also comply with our Website acceptable use policy, our Privacy policy, and our Cookie policy.

Using the Site

The Services available to members are intended solely for users who are 18 years of age or older, and any registration, use or access to the Site or Services by such members under 18 is a material breach of these terms of use and entitles us to terminate your access to the Site or Services without notice or liability to you.

By enrolling in the Hubster.ie Service, you permit us to serve, as applicable, book banner advertisements and other content your specified websites, mobile applications, media players, mobile content, and/or other properties controlled by you and approved by Hubster.ie.

You agree that you are solely responsible for:

all costs and expenses you may incur in relation to your use of the Site; and
keeping your password and other account details confidential.

Quotes given to the customer must not change unless agreed between the garage and customer for additional work carried out.

All payments for service is between the garage and customer.

We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us here.

We may prevent or suspend your access to the Site and Services if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer or any applicable law.

Ownership, use and intellectual property rights

This Site and all intellectual property rights in it, including but not limited to any Content provided by us, are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms and conditions. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

(For the avoidance of doubt, nothing in this clause 3.1 is intended to transfer any copyright in any Uploaded Author’s Content insofar as such Content includes published existing literary works in which copyright vests in the Author.)

Nothing in these terms and conditions grants you any legal rights in the Site or Services other than as necessary to enable you to access them. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

Trade marks: ‘Hubster.ie’ are the trademarks or registered trademarks of Hubster.ie or its subsidiaries. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

Software

Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an end user licence agreement). You will be made aware of any and/or use the website accessibility tools available at terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you.

All such software is solely for your personal use in a non-commercial manner.

Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

Uploading material to the Website

Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

License Grant for Uploaded Author Content.

You grant to us and to our servants or agents a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, distribute, transmit, perform, modify and display all Uploaded Author Content in any media formats solely in connection with the Services and the marketing, promotion and distribution of the Services.

This license terminates automatically on the removal by you of the relevant Uploaded Author Content as soon as the Uploaded Author Content is deleted from our archives, save to the extent we have distributed such Content prior to removal by you.

Accuracy of information and availability of the Site

While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

Inclusion of or reference to any individual, business or organisation on this website does not constitute a recommendation of their work, product or service and no liability or responsibility is accepted for faulty or sub-standard goods or services provided by them.

The Site and its features, tools, functionality and other facets, are made available on an "as is" and "as available" basis. We may suspend or terminate operation of the Site at any time as we see fit.

Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

Subscription Services

When you register as a user of the site you have access to the relevant elements or the Site and Services that are provided free of charge.

In addition to the free of charge Services we may offer to provide Services in return for a fee or other charge or on free trial: these are Subscription Services. These fees and charges, if any, are described on the Site, and in the event you elect to use Subscription Services, you agree to the pricing, payment and billing policies applicable to such fees and charges, set out on the Site. We may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in our sole discretion.

You may cancel your Account at any time; however, there are no refunds for cancellation. In certain events set out in these terms and conditions we will be entitled to suspend or terminate your Account due to a breach of the terms and conditions or other default by you. If we have such a right to suspend or terminate your account, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any Content or data associated with your Account, or for anything else.

You acknowledge that we have perpetual and irrevocable right to delete any or all of your content and data from the Site servers and from our Services, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.

Submissions of Uploaded Author Content or other materials to the Site are tied to authors and may be made only by the individual author and by representatives of the author who have the legal right to act on behalf of the author. If you are not the author or do not have the legal right to act on behalf of the author, you may not submit any materials for that author.

Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Limitation on our liability

Nothing in these terms and conditions affects your statutory legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau.

Except for:

death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
fraud or fraudulent misrepresentation;
breach of any of the provisions implied into these terms and conditions by law; and to the fullest extent permissible under applicable laws, we disclaim any and all warranties, express or implied, with respect to the Site and Services, including implied warranties of merchantability and fitness for a particular purpose. In no event will we be liable for any damages of any kind arising from your use of the Site, including any direct, indirect, incidental, punitive or consequential loss whether based on contract, tort, or otherwise, regardless of whether we or our affiliates knew or had any reason to know of the possibility of such loss.

We take no responsibility and assume no liability for any materials submitted under your Account.

We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

We will not be 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 the Site or to your downloading of any material posted on them, or on any website linked to them.

Rights of third parties

No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions. For the avoidance of doubt, if an Agent or Publisher is a party to these terms, then any Author, writer or any other party whatsoever whom such Agent or Publisher represents shall have no right to enforce any of these terms save to the extent that such party is a registered user of the Site in his or her own right.

Variation

These terms are dated 10th May 2015. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

General

We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

If any provision of these Conditions of use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.

Our omission to exercise any right under these conditions of use or the notice of copyright shall not constitute a waiver of any such right unless expressly accepted by us in writing.

These Conditions of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with EU Law. You and Hubster.ie agree to submit any dispute (including any non-contractual dispute) arising out of or in connection with the use of the Site or Services to the exclusive jurisdiction of the courts of Ireland.

Acceptable Use Policy

Introduction

Together with our General website terms and conditions of use, this acceptable use policy governs how you may access and use the Site.

Definitions

'Site' includes the following website: Hubster.ie and all associated web pages;

'Submission or submissions' means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;

'We, us or our' means Hubster.ie

'You or your' means the person accessing or using the Site or its Content.

Acceptable use

We permit you to use the Site / Service only for the cross promotion of books from registered users and for accessing marketing information about us and any materials published by registered users of the Site. Use of the Site in any other way, including in contravention of any restriction on use set out in this policy, is not permitted. If you do not agree with the terms of this policy, you may not use the Site.

Restrictions on use

As a condition of your use of the Site, you agree:

not to use the Site for any purpose that is unlawful under any applicable law or prohibited by this policy or our General website terms and conditions of use;
not to use the Site to commit any act of fraud;
not to use the Site to distribute viruses or malware or other similar harmful software code.
not to use the Site for purposes of promoting unsolicited advertising or sending spam;
not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
not to use the Site in any manner that harms minors;
not to promote any unlawful activity;
not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;
not to attempt to circumvent password or user authentication methods; and
to comply with the provisions relating to our Intellectual Property Rights and Software contained in our General website terms and conditions of use.

Blog comments, chat rooms and other interactive services

In addition to the ability to comment on blog posts, we may make bulletin boards, chat rooms or other communication services, including but not limited to links to Facebook and Twitter, (‘Interactive Services’) available on the Site.

We are not obliged to monitor or moderate Submissions to Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

We may remove or edit any Submissions to any of our Interactive Services whether they are moderated or not.

Any Submission you make must comply with our Submission standards set out below.

Submission standards

Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in our absolute discretion. You may use the Site to submit materials that you own or otherwise have the right to submit. You may not submit materials that are illegal, obscene, threatening, defamatory, or otherwise contain any objectionable or inappropriate content, nor may you submit materials that injure or violate the rights of any third party, including privacy, publicity, copyright, trademark, patent or other intellectual property rights.

In particular, you warrant that any Submission or communication is

your own original work and lawfully submitted;
factually accurate or your own genuinely held belief;
provided with the necessary consent of any third party;
not defamatory or likely to give rise to an allegation of defamation;
not offensive, obscene, sexually explicit, discriminatory or deceptive; and
unlikely to cause offence, embarrassment or annoyance to others.

Linking and framing

You may create a link to our Site from another website without our prior written consent provided no such link

creates a frame or any other browser or border environment around the content of our Site;
implies that we endorse your products or services or any of the products or services of, or
displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
is placed on a website that itself does not meet the acceptable use requirements of this policy.

We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

Using the Hubster.ie name and logo

You may not use our trade marks, logos or trade names except in accordance with this policy and our General website terms and conditions of use.

Breach

We shall apply the terms of this policy in our absolute discretion. In the event of your breach of these terms we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.

Failure to comply with this acceptable use policy constitutes a material breach of the Conditions of Use upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use the Site
immediate, temporary or permanent removal of any posting or material uploaded by you to the Website
issue of a warning to you
legal proceedings against you for reimbursement of all costs on an indemnity basis the Website (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
further legal action against you, or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

User identity

You represent and warrant that the information provided by you via our online process is true. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide any false or misleading information, including any information provided in establishing an account or provided as to the origin of any Submissions. You are responsible for all communications and activities that occur in relation to the Site which come from your computer or computer facilities, including your e-mail account and password, and are fully responsible for the actions of any agent, publisher, manager or other representative you authorise to act on your behalf with respect to the Site, as if such actions were made by you.

Indemnity

You agree to indemnify, defend and hold Hubster.ie harmless and its owners, managers, directors, officers, employees, agents and assigns from all claims, liabilities, damages and expenses, including reasonable legal fees and expenses, arising out of or in connection with your Submissions or from your breach of these terms and conditions of acceptable use or your representations or warranties.

Disputes

The terms and conditions of this acceptable use policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with EU Law. You and Hubster.ie agree to submit any dispute (including any non-contractual dispute) arising out of or in connection with the use of the Site or Services to the exclusive jurisdiction of the courts of Ireland.