For the purposes of this document “our”, “us”, “we”, etc. refers to Donegal Pens.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Where applicable the site is governed by the laws of the Republic of Ireland and EU.
If you are concerned about how your personal data is processed by our website, please bring your concerns to our attention using one of the methods on our Contact Us page.
License to use website
Unless otherwise stated, Donegal Pens and/or JMS WebDesign own the intellectual property rights in the website and material on the website. All these intellectual property rights are reserved.
You may view, download and print pages from the website for your own personal use subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
– Republish material from this website (including republication on another website)
– Sell, rent or sub-license material from the website
– Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
– Edit or otherwise modify any material on the website
– Redistribute material from this website [except for content specifically and expressly made available for redistribution]
– You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
– You must not use this website, database or hosting to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
– You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Donegal Pens’s express written consent.
– You must not use this website to transmit or send unsolicited commercial communications.
– You must not use this website for any purposes related to marketing without Donegal Pens’s express written consent.
Access to certain areas of this website is restricted. If you are not expressly authorised then access to these restricted area is strictly prohibited. Donegal Pens reserves the right to restrict access to other areas of this website, or indeed this entire website, at Donegal Pens’s discretion.
If Donegal Pens provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Donegal Pens may disable your user ID and password in Donegal Pens’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Donegal Pens a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Donegal Pens the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Donegal Pens or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Donegal Pens reserves the right to edit or remove any material submitted to this website, or stored on Donegal Pens servers, or hosted or published upon this website.
Notwithstanding Donegal Pens rights under these terms and conditions in relation to user content, Donegal Pens does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Donegal Pens makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Donegal Pens does not warrant that:
– This website will be constantly available, or available at all
– The information on this website is complete, true, accurate or non-misleading
– Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Donegal Pens will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
– To the extent that the website is provided free-of-charge, for any direct loss
– For any indirect, special or consequential loss
– For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data
– These limitations of liability apply even if Donegal Pens has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that Donegal Pens has an interest in limiting the personal liability of its staff. You agree that you will not bring any claim personally against Donegal Pens staff members in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Donegal Pens staff, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Donegal Pens.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Donegal Pens and undertake to keep Donegal Pens indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Donegal Pens to a third party in settlement of a claim or dispute on the advice of Donegal Pens legal advisers) incurred or suffered by Donegal Pens arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Donegal Pens other rights under these terms and conditions, if you breach these terms and conditions in any way, Donegal Pens may take such action as Donegal Pens deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Donegal Pens may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Donegal Pens may transfer, sub-contract or otherwise deal with Donegal Pens rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the Republic of Ireland and EU.
Third party software
Third party websites
Our website may, from time to time, contain links to and from third party websites. We are not responsible for the practices employed by websites linked to or from our website nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our website
If you do not agree to these terms & conditions, please do not use our site.
Last update: 16th July 2018