Whaty.ie Terms and Conditions
WHATY.IE Terms and Conditions of Use AS AT 6 January 2013
1. 1 The Agreement and our services
1. 1.1 Welcome to the Whaty.ie website. These terms and conditions (“Terms”), the Privacy Policy and all the documents expressly referred to in them (the “Agreement”) are the terms and conditions of the agreement which you enter into with us when you use our website, www.Whaty.ie, which includes the online advertising services provided by us to users from that website address and all the web pages containing that address, including any page that is enabled for use by a mobile device (“Whaty.ie”).
2. 1.2 Whaty.ie, amongst other things, allows users to search advertisements posted on Whaty.ie for Wheels, Tyres, Rims and Accessories. Through Whaty.ie we also allow users, both Private Advertisers and Trade Advertisers, to register on Whaty.ie (each an “Advertiser”), and to place advertisements for the sale of Vehicles, Parts and Accessories on Whaty.ie (each an “Advertisement”).
3. 1.3 All Whaty.ie users (whether registered or unregistered) can make enquiries about Advertisements to the Advertiser that/who submitted the Advertisement through Whaty.ie or directly to the Advertiser.
2. 2 Acceptance and applicability of this Agreement
1. 2.1 This Agreement applies to each user of Whaty.ie, including registered and unregistered users, (each a “user”, “you” and “your”), including all Private Advertisers and all Trade Advertisers. Please read the Agreement, including these Terms carefully before you start to use Whaty.ie. By accessing and using Whaty.ie, you indicate that you have read, understand and accept the terms and conditions of this Agreement and that you agree to abide by them each time you access and use Whaty.ie. If you do not agree to these terms and conditions, please refrain from accessing and using Whaty.ie.
2. 2.2 An Advertiser that/who:
1. 2.2.1 sells Vehicles, Parts and Accessories in the course of a business, trade or profession; and/or
2. 2.2.2 lists more than four Vehicles, Parts and Accessories in any 12 month period on Whaty.ie; agrees that he, she or it will be categorised as a “Trade Advertiser” for the purposes of this Agreement, even if the Advertiser originally registered as a Private Advertiser; all other Advertisers are “Private Advertisers” for the purposes of this Agreement.
3. 2.3 All registered users of Whaty.ie, including any Trade Advertiser and Private Advertiser, (each a “Customer”) are subject to:
1. 2.3.1 these Terms; and
2. 2.3.2 the Privacy Policy.
4. 2.4 All Trade Advertisers are subject to:
1. 2.4.1 these Terms; and
2. 2.4.2 the Privacy Policy.
5. 2.5 Users using Whaty.ie, but who/which do not register, are subject to:
1. 2.5.1 these Terms (unless otherwise expressly stated); and
2. 2.5.2 the Privacy Policy.
6. 2.6 Whaty.ie is intended by us to be used by residents of the island of Ireland only and only such residents may be Customers. If you are a resident of any other country or jurisdiction you may access and use Whaty.ie, but you agree that you do so entirely at your own risk, and it is your sole responsibility to ensure that your access and use of Whaty.ie complies with any laws applicable to you.
3. 3 INFORMATION ABOUT US
1. 3.1 Whaty.ie is a website operated by Trader Publishing Limited (\"we\", “us” and “our”). We are incorporated in Ireland under company number 404399 with a registered office at Paramount Court, Corrig Road, Sandyford, Dublin 18 and with VAT number 998 6622 Q .
4. 4 REGISTRATION AND ACCOUNT SECURITY
1. 4.1 Users can choose to register with us as Advertisers. Some areas of Whaty.ie require registration prior to use, or require the Customer to be a Trade Advertiser.
2. 4.2 There are two types of Customer accounts, a Private Advertiser Account and a Trade Account.
1. 4.2.1 A “Private Advertiser Account” can only be created and used by a person eligible to be a Customer pursuant to these Terms, who properly completes the registration process on Whaty.ie, who intends to be a Private Advertiser and who is accepted by us as a Customer.
2. 4.2.2 A Private Advertiser Account is for your personal, non-commercial use only, and may be used by you to place Advertisements and other types of Content. To open a Private Advertiser Account you must provide your name, address, telephone number, email address and any other information sought in the Private Advertiser Account registration process on Whaty.ie. As a Private Advertiser you may only open one Private Advertiser Account on Whaty.ie and you can use it to place up to a maximum of four (4) Advertisements in a twelve (12) month period; and
3. 4.2.3 A “Trade Account” can only be created and used by a person eligible to be a Trade Advertiser and a Customer pursuant to these Terms, who properly completes the registration process on Whaty.ie and who is accepted by us as a Customer and Trade Advertiser.
4. 4.2.4 A Trade Account is only for use by the Trade Advertiser that registers that account, and may only be used to place Advertisements and other types of Content by that registered Trade Advertiser. An authorised representative of the Trade Advertiser must submit the Trade Advertiser’s full legal name, address and VAT number, he name, email address and telephone number of the Trade Advertiser’s representative and any other information sought in the Trade Account registration process on Whaty.ie. As a Trade Advertiser you may only open one Trade Advertiser Account on Whaty.ie but you can use it for multiple Advertisements.
3. 4.3 When opening any Customer account you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use a name without appropriate authorisation. We reserve the right in our sole discretion to refuse registration of, suspend or cancel a Customer or a Customer identification name without notice to you, or to test the veracity of information provided by you or any other user at any time.
4. 4.4 As a condition of your access and use of Whaty.ie, you warrant to us that you have the right, authority and capacity to enter into and be bound by this Agreement. You acknowledge and warrant that you will not use Whaty.ie for any purpose that is unlawful or otherwise prohibited by this Agreement.
5. 4.5 You must be over 17 to use certain services on Whaty.ie and over 14 years old to use all other services on Whaty.ie. If you are under 17 years of age you are not entitled to register as an Advertiser on Whaty.ie or to place an Advertisement on Whaty.ie. If you are a minor between the age of 14 and 18 then all use of Whaty.ie is subject to your parent or guardian consenting to that use of Whaty.ie. We reserve the right to close any Customer account with or without notice if you have not obtained this consent and/or if you cannot establish that it has not been granted to our satisfaction. We advise parents or guardians who permit their children to use Whaty.ie that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them by their parents or guardians.
5. 5 PASSWORDS AND USER NAMES
1. 5.1 You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password.
2. 5.2 If you choose or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable, suspend or restrict any user identification name or password, whether chosen by you or allocated by us, at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of this Agreement.
3. 5.3 You agree to (a) immediately notify us of any unauthorised use of your user identification name, your account or password or any other breach of security related to Whaty.ie, and; (b) ensure that you exit from your Whaty.ie account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
4. 5.4 If you forget or lose your password, you should request a new password from us by visiting the “Forgot Your Password” section in the registration area of Whaty.ie.
6. 6 ACCESSING OUR WEBSITE and content
1. 6.1 You may use Whaty.ie write, create, upload, share, change, edit and browse Advertisements, interact with other users and with us on Whaty.ie, including by exchanging messages with other users and us, submitting feedback in relation to the Whaty.ie and our services, posting comments, participating in surveys, web polls and content syndication made available Whaty.ie as well as in any other activity that results in the creation, ranking, rating, classification, categorisation and evaluation of material made available on Whaty.ie, including, by creating, importing, uploading or editing data, text, sound, photographs, graphics, video and other materials (“Content”).
2. 6.2 As a Customer you may use Whaty.ie to submit Advertisements and other Content to us to be posted on Whaty.ie. No agreement to publish an Advertisement will be deemed to exist between you and us until the Advertisement has been accepted for publication by us on Whaty.ie and, even then, we may manage, edit and/or remove the Advertisement when exercising the rights set out in this Agreement.
3. 6.3 As an unregistered user you may use Whaty.ie to:
1. 6.3.1 search for Content on Whaty.ie, including for Advertisements;
2. 6.3.2 use the information provided on Whaty.ie to contact Advertisers in relation to Content on Whaty.ie for the purposes for which that Content is published on Whaty.ie only; and
3. 6.3.3 email enquiries to Advertisers about their Advertisements through Whaty.ie.
4. 6.4 We do not control the Content posted by third parties, including by users of Whaty.ie. We do not guarantee or give any assurances to you or other users regarding the accuracy, integrity or quality of such Content. You understand that by using Whaty.ie, you may be exposed to Content that is inaccurate, unlawful, offensive, indecent or objectionable. You understand that we cannot guarantee the identity of any user with whom/which you may interact when using Whaty.ie.
5. 6.5 Access to Whaty.ie is provided on an “as is” basis. You should not rely on any Content and/or other material on Whaty.ie to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Content and/or materials by any user of Whaty.ie, or by anyone who may be informed of any of the Content (including the authenticity or accuracy of photographs of Vehicles, Parts and Accessories). We accept no responsibility for keeping the information on Whaty.ie up to date or complete, or liability for any failure to do so.
6. 6.6 You are responsible for complying with all laws applicable to your use of Whaty.ie, including any Content that you submit to Whaty.ie or uploaded using your Whaty.ie account.
7. 6.7 We may refuse to publish any Content or to provide any services provided by Whaty.ie without prior notice to any user(s) for any reason or no reason.
8. 6.8 We have no obligation to monitor or moderate any user\'s activity or use of Whaty.ie, including the Content on it. However we retain the right at all times to monitor, retain and disclose any information on or use of Whaty.ie, including as may be necessary to satisfy any applicable law, regulation, legal process or regulatory authority request. Without any admission of liability, we may from time to time assess any possible risks for users from third parties when they use Whaty.ie, and we may decide in each case whether it is appropriate to use monitoring or moderation of the relevant service or Content (including what kind of monitoring or moderation to use) in the light of those risks. We expressly exclude our liability for any loss or damage arising from the use of Whaty.ie by any user in breach of this Agreement, whether Whaty.ie is moderated, monitored or not.
9. 6.9 We do encourage you to report any Advertisement that you consider unsatisfactory via ‘Report this advert to us if you find a problem’ button, which we have placed on the bottom of each Advertisement page of Whaty.ie. This allows you to report any Content that is in breach of this Agreement or in any other way objectionable. Please see section 10 below.
10. 6.10 Access to Whaty.ie is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend any aspect or feature of Whaty.ie or the entire Whaty.ie website without notice or liability, at any time.
11. 6.11 You are responsible for making all arrangements necessary for you to have access to Whaty.ie. You are also responsible for ensuring that all persons who access Whaty.ie through your internet connection are aware of these terms, and that they comply with them.
7. 7 RESTRICTIONS ON YOUR RIGHT TO USE WHATY.IE
1. 7.1 You agree that you shall not (and you agree not to allow any third party to):
1. 7.1.1 modify, adapt, translate, or reverse engineer any portion of Whaty.ie;
2. 7.1.2 remove any copyright, trade mark or other proprietary rights notices contained on Whaty.ie, or on any Content or other material obtained via Whaty.ie;
3. 7.1.3 use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Content or Whaty.ie;
4. 7.1.4 access, screen-scrape, retrieve or index any portion of Whaty.ie for purposes of constructing or populating a searchable database of Advertisements, information and other content other than on Whaty.ie itself;
5. 7.1.5 collect any information about other users (including user identification names, telephone numbers and/or email addresses) for any purpose other than to respond to and make enquiries about Advertisements on Whaty.ie;
6. 7.1.6 reformat or frame any portion of the web pages or any Content that are part of Whaty.ie;
7. 7.1.7 create a Customer account by automated means or under false or fraudulent pretences or create multiple Customer account logins;
8. 7.1.8 transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature to users on Whaty.ie;
9. 7.1.9 use Whaty.ie to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
10. 7.1.10 copy or store any Content offered on Whaty.ie for other than your own use as permitted by this Agreement;
11. 7.1.11 use any device, software or routine that interferes with the proper working of Whaty.ie, or otherwise attempt to interfere with the proper working of Whaty.ie;
12. 7.1.12 take any action that imposes, or may impose in our sole opinion, an unreasonable or disproportionately large load on our IT infrastructure;
13. 7.1.13 use Whaty.ie, intentionally or unintentionally, to breach any applicable law;
14. 7.1.14 collect or store personal data about other users in connection with the prohibited activities described in this section 7;
15. 7.1.15 engage in, or promote, any spamming or direct marketing using Whaty.ie;
16. 7.1.16 create or transmit unwanted electronic communications such as surveys, contests, pyramid schemes, chain letters, unsolicited emails, SMSs, automated calls or \"spam\" to other users, or otherwise interfere with users’ enjoyment of Whaty.ie;
17. 7.1.17 use Whaty.ie for advertising, marketing, charitable, campaigning, for public relations or commercial or political purposes of any kind, except as specifically provided for in this Agreement;
18. 7.1.18 make any attempt to access, amend or upload Content on any other Whaty.ie account other than your own;
19. 7.1.19 access any unauthorised areas of Whaty.ie;
20. 7.1.20 impersonate any person or entity; or
21. 7.1.21 upload, post, email, transmit or otherwise make available using Whaty.ie any Content or other material that you do not have a right to make available under any law or contractual obligation, which includes making available material which breaches of a third party’s intellectual property rights.
8. 8 CONTENT PUBLISHING STANDARDS AND YOUR REPONSIBILITIES
1. 8.1 These provisions apply to any and all Content which you upload, submit, publish or display to Whaty.ie, that you transmit to other users using Whaty.ie (including Content on Whaty.ie) or that is uploaded using your Whaty.ie account, and to any services associated with that Content (“Your Content”).
2. 8.2 You must comply with the spirit of the following standards in this section 8 as well as the letter. The standards apply to each part of Your Content, as well as to its whole.
3. 8.3 You are solely responsible for Your Content. You understand that all information publicly posted or privately transmitted through Whaty.ie is the sole responsibility of the person from which such Content originated and the relevant account holder and you will ensure that your Content is accurate.
4. 8.4 As a Customer you warrant to us that you have the right to offer for sale each Vehicle, Part or Accessory that is submitted to Whaty.ie using your Whaty.ie account, on the terms and conditions advertised in any Advertisement and that you will not offer for sale that Vehicle, Part or Accessory for sale on behalf of an undisclosed third party.
5. 8.5 You agree that we may review, refuse, edit, delete or require to be amended, any of Your Content at our discretion, including where we have determined that (i) there has been or may be a breach of this Agreement, (ii) Your Content does or might infringe a third party right; (iii) Your Content does or might bring our business into dispute or conflict, (iv) Your Content does or might be required to respond to a complaint or legal action or (v) to correct typographical errors or technical inaccuracies that may appear in Your Content from time to time. If we determine that a breach of this Agreement has occurred, we may take such action as we deem appropriate.
6. 8.6 The following set of warranties is a partial list of the criteria that you must ensure that Your Content shall comply with. You warrant that Your Content:
1. 8.6.1 is accurate, true and complete (including where it states facts or contains photographs);
2. 8.6.2 does not deceive or mislead any person;
3. 8.6.3 is genuinely held, and capable of verification (where it states an opinion);
4. 8.6.4 complies with applicable law.
9. 9 SUSPENSION AND TERMINATION
1. 9.1 You agree that we may, with or without cause, immediately suspend or terminate your Customer account and access to Whaty.ie without prior notice at our sole discretion. You agree that we shall not be liable to you nor any third party for any suspension or termination of your account or of access to Whaty.ie.
2. 9.2 Without limiting the foregoing, the following may lead to a termination or suspension by us of an Customer’s account or a user’s use of Whaty.ie: (a) a breach of this Agreement, (b) a request by law enforcement authorities, Gardai /police, other government agencies or regulatory authorities in respect of your account; (c) a request by you in writing to us (self-initiated account deletions); (d) unexpected technical issues or problems experienced by us; and (e) extended periods of inactivity in respect of your account.
3. 9.3 Termination of your account includes removal of access to services provided by Whaty.ie through that account, all Content that we may determine at our discretion and may we may also bar you from further use of Whaty.ie, including future registrations of any account.
4. 9.4 If we, in our discretion, determine that you have failed to comply with this Agreement, we may take all, or any, of the following actions with, or without, notice to you:
1. 9.4.1 terminate, withdraw or suspend your right to use Whaty.ie, the account or any particular service;
2. 9.4.2 remove any Content on Whaty.ie;
3. 9.4.3 issue a public (via Whaty.ie) or private warning to you;
4. 9.4.4 take legal action against you; and/or
5. 9.4.5 disclosure of such information to law enforcement authorities or regulatory authorities as we feel is necessary.
10. 10 COMPLAINTS AND REPORTS
1. 10.1 If you believe that Content posted on Whaty.ie breaches this Agreement or is in any other way objectionable, please notify us through “Report this advert to us if you find a problem”, give the full details of such Content and specify the reasons for your objections. If you do not provide us with sufficient information we may be unable to process your complaint. We reserve the right to investigate all aspects of any complaint or enquiry and we will determine, in our discretion, what action (if any) to take. You are solely responsible for your interactions with other Advertisers and users of Whaty.ie. While we reserve the right to monitor or to intervene in disputes between you and other Advertisers and users in relation Whaty.ie, we have no obligation to do so.
2. 10.2 If you are dissatisfied with Whaty.ie or any of our acts or omissions, your sole and exclusive remedy is to terminate your use of Whaty.ie, and, if you are a Trade Advertiser or Private Advertiser by close your account simply by removing their Advertisements from the Whaty.ie. To remove your Advertisement(s) from the Whaty.ie login to ‘My Adverts’ and click ‘Mark as Sold’.
11. 11 DISPUTES WITH THIRD PARTIES
1. 11.1 You must tell us immediately if any person makes or threatens to make any claim or issue legal proceedings against you relating to your use of Whaty.ie. You will, if we ask you to, immediately stop the use complained of. If we ask you to, you must confirm the details of the claim or threat of a claim in writing to us. If we ask you to stop the use complained of and if you fail to stop the use of we reserve the right to take any and all appropriate action against you, which may involve appropriate legal action.
12. 12 INTELLECTUAL PROPERTY RIGHTS
1. 12.1 We are the owner or the licensee of all intellectual property rights in Whaty.ie and in the Content that we publish on it. Those works are protected by intellectual property, including copyright laws, trade mark laws, database laws and treaties around the world. All such rights are reserved.
2. 12.2 By posting Content on Whaty.ie, you grant to us an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide licence to use, copy, display, publish, reproduce and distribute such Content, to prepare derivative works of, or incorporate into other works, such Content and to exercise any rights reserved to us in relation to the Content under this Agreement. This licence is non-exclusive, except that you agree that we shall have the exclusive right to exercise this licence to the extent of combining your Content with the Content of other Advertisers for purposes of constructing or populating a searchable database of Advertisements and other Content on Whaty.ie.
3. 12.3 Whaty.ie (including, but not limited to, text, photographs, graphics, video, audio and other Content appearing on it) is protected by database rights, copyright and as a collective work or a compilation under the laws of Ireland and other countries, including the copyright and database laws. All individual articles, other Content and other elements comprising Whaty.ie are also copyrighted works, databases, designs or are protected by law in other ways. You acknowledge that Whaty.ie and any Content or underlying technology or software used in connection with Whaty.ie contains our proprietary and, on occasion, confidential information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on Whaty.ie, in whole or in part, except as expressly provided in this Agreement. Except as expressly and unambiguously provided in this Agreement, we do not grant you any express or implied rights, and all rights in Whaty.ie not expressly granted by us to you are retained by us.
4. 12.4 If it is determined that you retain moral rights in the Content, then to the extent permitted by law you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates of it; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns or our exercise of rights under this Agreement; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the Content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights.
5. 12.5 We are the proprietor of the Irish trade mark AUTO TRADER (229818). All product names mentioned on Whaty.ie are the trade marks of their respective owners, and other trade marks may be displayed on Whaty.ie from time to time. Some material on Whaty.ie may contain other information containing intellectual property of a third party. Nothing displayed on Whaty.ie should be construed as granting you any licence, or right of use of any logo, information or trade mark displayed on it, without the express written permission of the relevant owner, save as expressly provided in this Agreement.
6. 12.6 You may print off one copy, and may download extracts, of any Content from Whaty.ie for your own personal and, where you are a Trade Advertiser, for commercial reference. You may draw the attention of others within your organisation to Content on Whaty.ie. You may also permit your computer to make an electronically stored, transient copy of the Content on Whaty.ie for the purposes of viewing it while connected to the internet only.
7. 12.7 You must not modify the paper or digital copies of any Content that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.
8. 12.8 Our status (and that of any partners, Advertisers, Customers or third parties identified on Whaty.ie) as the authors of material on Whaty.ie must always be acknowledged by you.
9. 12.9 Except where you are a registered Trade Advertiser, you must not use any part of the Content on Whaty.ie for commercial purposes.
13. 13 OUR LIABILITY
1. 13.1 To the extent permitted by law, your use and access to and of the Content and Whaty.ie are provided by us under this Agreement without any guarantees, conditions or warranties as to their accuracy.
2. 13.2 To the extent permitted by law, we expressly exclude:
1. 13.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
2. 13.2.2 any liability for any direct, indirect or consequential loss or damage including any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, 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 in connection with this Agreement.
3. 13.3 We shall not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on Whaty.ie.
4. 13.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Whaty.ie or to your downloading of any material posted on it, or on any website linked to it.
5. 13.5 We do not guarantee the security of the online services or any systems connected with the use of Whaty.ie (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to Whaty.ie or any systems used in accessing our services will be continuous or virus or error free.
6. 13.6 Any material downloaded, or otherwise obtained through the use of Whaty.ie is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system, or loss of data, that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us, or through, or from Whaty.ie, shall create any warranty not expressly stated in this Agreement.
7. 13.7 We will need to carry out maintenance work on our equipment and systems, and shall use reasonable endeavours to ensure that, in doing so, reasonable notice is given and minimum disruption is caused. Advertisers acknowledge that we cannot guarantee that the Advertisement will be continuously available on Whaty.ie.
14. 14 YOUR LIABILITY AND YOUR INDEMNITY
1. 14.1 You agree to indemnify and hold us, our parent, subsidiaries, officers, directors, shareholders and employees, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to and use of Whaty.ie; (ii) the breach of this Agreement by you or any third party using your account, user identification name or password.
15. 15 CUSTOMER ACCOUNTS
1. 15.1 Customers seeking to advertise Vehicles, Parts and Accessories through Whaty.ie shall comply with the following obligations when creating the related Advertisement or other Content:
2. 15.2 Advertising Contents
1. 15.2.1 only one Vehicle, Part or Accessory may be listed in each Advertisement;
3. 15.3 Payment and Security
1. 15.3.1 Payment for Advertisements must be made through Whaty.ie;
2. 15.3.2 Publication of an Advertisement on Whaty.ie is subject to payment of a fee to us (the “Fee”). The Fee is set out on Whaty.ie and displayed to you in the course of you offering to place an Advertisement with us, through submitting it to Whaty.ie. The Fee for all the services available on Whaty.ie is quoted and is payable in Euro.
3. 15.3.3 All Fees payable by Private Advertisers are stated inclusive of valued added tax (VAT) at the relevant rate. All Fees payable by Trade Advertisers are stated exclusive of value added tax VAT which is payable at the relevant rate.
4. 15.3.4 Payment of the Fee can be made by you using Visa, MasterCard, or Laser cards. No other payment method will be accepted.
5. 15.3.5 To process card payments we will direct you, via Whaty.ie, to a dedicated third party service provider. When you choose, via Whaty.ie, to make the payment of the Fee you will be brought to the third party service provider’s website. Once there, you will enter into a contract for services with the third party service provider, who will take payment from you. We are not responsible or liable for the third party service provider’s services or contract with you. You should separately review and confirm that you are agreeable to third party service provider’s terms and conditions, prior to instructing them to pay us on your behalf.
4. 15.4 Order Confirmation
1. 15.4.1 After you complete the payment process, you will be forwarded to a confirmation page on Whaty.ie that the payment instruction has been received, and your Advertisement will be listed under your ‘My Adverts’ on Whaty.ie. In normal circumstances your Advertisement will appear on Whaty.ie within 24 hours of you having finalised and submitted the Advertisement.
5. 15.5 Changing Your Advert
1. 15.5.1 You can make unlimited changes to your Advertisement on Whaty.ie provided that the Content continues to comply with this Agreement. Simply login to your account on Whaty.ie and ‘My Adverts’ page and click \'Edit this ad\'. Due to the \'one vehicle per advert\' rule referred to in clause 15.2.1, you will not be able to change the make or model of the Vehicle, Part or Accessory, location or contact details in the Advertisement after the Advertisement has been paid for. Please contact our Support Team on +353(0)1 4490650 or email us at enquiries@Whaty.ie, if you need to do this. In normal circumstances changes to your Advertisement will appear on Whaty.ie within 24 hours of you having processed the changes.
2. 15.5.2 If you make a change to your Advertisement on Whaty.ie which involves a change in the price band of the advertised price for the Vehicle, Part or Accessory shown on the Advertisement that you previously submitted to Whaty.ie then:
1. (a) you will not be entitled to a refund of any part of the Fee, even if the new price would have resulted in a reduced Fee if the new price had been used in the original Advertisement; and
2. (b) you may be charged an additional Fee if the Fee for the original Advertisement would have resulted in an increased Fee if the new price had been used in the original Advertisement.
6. 15.6 Removing Your Advert from Whaty.ie
1. 15.6.1 To remove your Advertisement from the Advertisements that are visible to users of Whaty.ie login to ‘My Adverts’ and click ‘Mark as Sold’.
2. 15.6.2 If you deactivate or cancel an Advertisement after the Advertisement Fee has been paid for you will not be eligible for a refund as when you submit an Advertisement you are instructing us that you want the Advertisement to be published immediately. In normal circumstances your Advertisement will be removed from Whaty.ie within 3 hours of receipt of your instruction through Whaty.ie.
7. 15.7 Liability
1. 15.7.1 Where your Advertisement does not appear on Whaty.ie despite you receiving confirmation that we have received the payment instruction for the relevant Fee then you will be entitled to a refund of the Fee, unless (1) the omission, cancellation or mismatch of your Advertisement was caused by unforeseen circumstances beyond our reasonable control; (2) we did not actually receive the Fee or (3) you breached this Agreement.
2. 15.7.2 To the extent permitted by law, our liability to you for any breach of contract or negligence in connection with this Agreement shall not exceed an amount equal to the Fee paid by you in relation to the Advertisement or series of Advertisements connected to the liability.
3. 15.7.3 You are be responsible for any losses, expenses or other costs incurred us caused by your use of Whaty.ie, your breach of this Agreement and/or any untrue statement or inaccurate photograph or Content that you used on Whaty.ie.
16. 16 LINKING TO OUR WEBSITE
1. 16.1 You are not permitted to link any other website to Whaty.ie without first obtaining our prior written consent. If we give you consent we may choose to require you to accept terms and conditions as a condition of granting this permission. You must not establish a link to Whaty.ie from any website that is not owned by you unless we expressly agree in writing that you can do so. You must not create a link to any part of Whaty.ie other than the homepage.
2. 16.2 We reserve the right to withdraw any linking permission given to you with or without notice. You must not frame Whaty.ie on any other website without first obtaining our prior written consent. If we give you consent we may choose to require you to accept terms and conditions as a condition of granting this permission.
3. 16.3 If you wish to create a link or to make any use of Content or other material on Whaty.ie, then please address your request to enquiries@Whaty.ie.
17. 17 LINKS FROM OUR WEBSITE
1. Where Whaty.ie contains links to other websites and resources provided by our partners or other third parties, these links are provided for your information only. We have no control over the content of those websites or resources, and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. If you link to any such websites then you acknowledge that you leave Whaty.ie and do so entirely at your own risk.
18. 18 CONTACT FROM US
1. 18.1 In the course of providing you services or in respect of your use of Whaty.ie, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your account and necessary for the normal functioning of Whaty.ie, including emails which help inform Advertisers and users about functionality of Whaty.ie. You also accept and understand the terms of our Privacy Policy.
19. 19 JURISDICTION AND APPLICABLE LAW
1. 19.1 The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Whaty.ie, although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. This Agreement is governed by Irish law. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.
20. 20 VARIATIONS
1. 20.1 We may revise this Agreement at any time by amending the pages upon which they appear on Whaty.ie, without giving notice of such modifications. Such modifications become effective immediately upon posting of the modified terms on Whaty.ie. You agree to review the Agreement periodically, so that you are aware of any modifications. Your continued use of Whaty.ie after any modifications indicates your acceptance of the modified Agreement.
21. 21 WAIVER
1. 21.1 A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.
22. 22 SEVERABILITY
1. 22.1 In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.
23. 23 ASSIGNMENT, CONSTRUCTION AND ENTIRE AGREEMENT
1. 23.1 We may assign or subcontract any or all of our rights and obligations of our Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.
2. 23.2 This Agreement contains the entire agreement and understanding between the parties relating to Whaty.ie, and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us. In the event of any inconsistency between the Privacy Policy and these Terms then these Terms take priority.
3. 23.3 In respect of Trade Advertiser, in the event of any inconsistency between the Trade Advertiser Terms and these Terms then these Terms take priority.
4. 23.4 Any words following the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
24. 24 SUBMISSIONS
1. 24.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about Whaty.ie provided by you to us are non-confidential and may be used by us at our discretion.
Thank you for visiting Whaty.ie.
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