| TERMS AND CONDITIONS OF USE |
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| 1 |
DEFINITIONS |
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In this Agreement: |
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“Agreement”
means this agreement (as amended, varied or supplemented from time to time); |
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“Buying Tips”
means the section of the Site that provides tips which are generally applicable to the purchase of most motors vehicles. For the avoidance of doubt, such tips are not applicable to specific vehicles; |
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“Content”
means copyrighted material, trademarks, and other proprietary information, including without limitation, text, reports, software, photographs and/or graphics and any other information contained on the Site; |
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“Irish Auto Check”
means a customised vehicle records report generated for a specific vehicle registered in ROI identified by the User and provided for informative purposes only; |
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“Irish Finance Check”
means a finance report generated for a specific vehicle registered in ROI identified by the User and provided for informative purposes only; |
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“Privacy Policy”
means the which sets forth the current privacy practices with regard to the information the Service Provider collects when you or your computer interacts with the Site; |
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“ROI”
means the Republic of Ireland; |
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“Service Provider”
means or refers to MyWheels which is a division of MoneyMate Limited, a company registered in Ireland under company number 151497 and having its registered office at Century House, Harolds Cross Road, Dublin 6W. MyWheels is a registered business name. |
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“Services”
means any and all services offered on the Site by the Service Provider including, inter alia, the information stored on the Site and any report or statement produced by the Service Provider whether in electronic or written form which, for the avoidance of doubt, includes Irish Auto Check, UK Auto Check, Irish Finance Check, UK Finance Check, Buying Tips and Vehicle Statistics; |
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“Site”
means www.MyWheels.ie (or any such successor or incarnation of the same) which is operated by the Service Provider; |
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“Terms”
means the terms and conditions under which you may make use of the Site as set out in this Agreement and which includes the Disclaimer and Privacy Policy; |
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“UK”
means the United Kingdom; |
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“UK Auto Check”
means a customised vehicle records report generated for a specific vehicle registered in the UK identified by the User and provided for informative purposes only; |
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“UK Finance Check”
means a finance report generated for a specific vehicle registered in the UK identified by the User and provided for informative purposes only; |
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“User”
means you or any other person or entity using the service; |
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“Vehicle Data Check”
means a customised vehicle records report generated for a specific vehicle identified by the User and provided for informative purposes only; |
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“Vehicle Finance Check”
means a customised a finance report generated for a specific vehicle identified by the User and provided for informative purposes only; and |
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“Vehicle Statistics”
means numerical information relevant to Irish registered vehicles collected and compiled by third parties and contained on the Site for informative purposes only. |
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2 |
TERMS OF WEBSITE USE |
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2.1 |
This is a legal agreement between you and the Service Provider stating the terms that govern your use of the Site and the Services. This Agreement, together with all updates and additional terms collectively constitutes the legal agreement between you and the Service Provider.
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2.2 |
Please read these Terms carefully before you start to use the Site. By using the Site, you indicate that you accept the Terms and that you accept and agree to abide by them. If you do not agree to these terms of use, please cease all usage of the Site, the Services and any other related services immediately.
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| 2.3 |
The Service Provider
(“we” and “us”) reserves the right, at any time, to modify, alter, or update these Terms without prior notice. Modifications shall become effective immediately upon being posted on the Site. You are advised to periodically check the Terms for any revisions and/or amendments to the Terms. You are also advised that some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms (including any modifications or amendments thereto).
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| 3 |
ACCESSING THE SITE |
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| 3.1 |
Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason if the Site is unavailable at any time or for any period.
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| 4 |
PERSONAL INFORMATION AND DATA |
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| 4.1 |
The Service Provider does not hold any personal information pertaining to owners of vehicles (either current or historical). You are advised that the Site and Content do not provide or include any evidence as to the identity or any other personal information of the registered owner or any previous registered owner, or the vendor or any previous vendor of any vehicle. |
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| 4.2 |
You agree that by accepting these Terms, that you are consenting to the use and disclosure of your personal information and other practices described in the Privacy Policy. |
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| 5 |
DISCLAIMER |
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| 5.1 |
The Content and Site is updated from time to time. However, we hereby exclude any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of the Content, the Services, the Site or any of its contents, including (but not limited) to any non-fraudulent representations contained within the Site, the Content or the Services.
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| 5.2 |
Your use of the Site will be at your own risk and we will not be liable for any direct or indirect damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the Site, or any of the Content and Services, or from any action or omission taken as a result of using the Site or any such Content or Services. Furthermore, we will not be liable for any typographical or other error or omission within the material contained on the Site. We exclude any liability in respect of the Site, the Content and the Services to the fullest extent in this regard.
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| 5.3 |
This Site contains material in the form of information or representations submitted by third parties to the Service Provider (some of which is provided on a periodic basis with the result that some reports may not include recently filed or registered information) and we accept no responsibility for the content or accuracy of such material nor do we make any representations by virtue of the Content, the Site or the Services in respect of the guaranteed availability of any services.
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| 5.4 |
This Site contains certain information regarding the current and previous status of vehicles contained in the MyWheels.ie database and will only show a vehicle’s status for the previous two years. If the status of a vehicle has changed or altered prior to the commencement of this period, then the report may not reveal the same in this regard.
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| 5.5 |
We make no warranty that the Content, the Site or the Services are free from infection by viruses or anything else which has contaminating or destructive properties and we hereby exclude all liability howsoever arising in respect thereof.
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| 5.6 |
The Site, the Content and the Services are provided on an “as is” basis. Under no circumstances does the Service Provider warrant the accuracy of the information contained on its or any other database.
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| 5.7 |
The Irish Auto Check and UK Auto Check services do not relate to, contain information on or purport to comment on:
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| 5.7.1 |
the physical condition of any vehicle;
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| 5.7.2 |
the roadworthiness or safety of any vehicle;
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| 5.7.3 |
whether or not a vehicle has been “written off”, unless such vehicle was reported to the Department of Transport as a write off or written off by an insurance company and such information has been provided to the Service Provider by such insurance company;
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| 5.7.4 |
whether a vehicle or any of its components have been altered or replaced, unless notification of same has been provided to an insurance company or other body which provides information to us; or
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| 5.7.5 |
whether any vehicle is a “clone” bearing a false vehicle registration mark and vehicle identification number.
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Accordingly, in addition to all other aspects, you must satisfy yourself in respect of the above mentioned aspects of any vehicle(s) you intend to or in fact purchase.
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| 5.8 |
Irish Auto Check, UK Auto Check, Irish Finance Check, UK Finance Check and Buying Tips services do not provide you with (and you shall not receive) any advice or recommendation from us in relation to a specific vehicle which you intend to or in fact purchase. Any part of the Services should be used by you as a tool to assist you in buying (or not buying) a particular vehicle. The final decision will always rest with you and the Service Provider does not make any warranties or representations in respect of any information, report or statement generated by the Site or the Services.
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| 5.9 |
All liability is excluded to the fullest extent permitted by applicable law including any implied terms as to the content of this Site. Such content is provided “as is”, without warranties of any kind. We reserve the right to change any and all content of the Site at any time.
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| 6 |
NO LIABILITY |
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| 6.1 |
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: |
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| 6.1.1 |
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
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| 6.1.2 |
any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
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| (a) |
loss of income or revenue;
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| (b) |
loss of business;
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| (c) |
loss of profits or contracts;
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| (d) |
loss of anticipated savings;
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| (e) |
loss of data;
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| (f) |
loss of goodwill;
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| (g) |
wasted management or office time; and
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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.
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| 6.2 |
Notwithstanding the foregoing, nothing in these Terms is intended to limit your statutory rights as a consumer in the ROI, nor does this affect our liability for death or personal injury arising from our negligence (save as negligence induced by a member organisation), nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
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| 7 |
RELIANCE ON INFORMATION POSTED |
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We disclaim all liability and responsibility arising from any reliance placed on the Content and Services by any User of the Site, or by anyone who may be informed by any of the same.
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| 8 |
INDEMNITY |
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You hereby agree to indemnify, to keep indemnified and to hold the Service Provider, its parent companies, subsidiaries, affiliates, officers and employees harmless to any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of your use of the Site, Content, Services, violation of the Terms, or the infringement by you, or any other user of the Site.
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| 9 |
INTELLECTUAL PROPERTY RIGHTS |
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| 9.1 |
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. |
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| 9.2 |
You may print off a copy, and may download extracts, of any page(s) from the Site for authorised purposes.
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| 9.3 |
You must not modify the paper or digital copies of any Content 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. You hereby acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using the Site.
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| 9.4 |
The Service Provider offers you access to the Site and to the Content available on the Site solely for your own personal and non-commercial use. You may not resell or make any commercial use of the Site, Content or Services. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorised manner.
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| 9.5 |
If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
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| 10 |
CHANGES TO THE SITE |
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We update the Site regularly and the content may change accordingly at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the Content may be out of date at any given time, and we are under no obligation to update such material and we hereby expressly exclude any liability in this regard.
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| 11 |
USE OF PERSONAL DATA AND UPLOADING INFORMATION AND DATA TO THE SITE
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| 11.1 |
In respect of any material you upload to the Site, we have the right to use, copy, distribute and disclose to third parties any such material for the purpose of, inter alia, providing and compiling historical vehicle records reports. We also have the right to disclose such information to any third party who is claiming that any material uploaded by you to the Site constitutes a violation of their legal rights.
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| 11.2 |
If you submit information to the Site, you acknowledge, represent and warrant that the best efforts have been used in order to verify the accuracy of such information. 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 and you agree to indemnify, to keep indemnified and to hold the Service Provider, its parent companies, subsidiaries, affiliates, officers and employees harmless to any claim or demand, including reasonable legal fees and costs, made by any third party arising in this regard.
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| 11.3 |
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 these Terms.
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| 12 |
VIRUSES, HACKING, UNLAWFUL/UNAUTHORISED USE AND OTHER OFFENCES
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| 12.1 |
You must not misuse the Site by using the searching facility for any other purpose than consulting vehicle records reports for reference purposes only.
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| 12.2 |
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
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| 12.3 |
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
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| 12.4 |
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 it, or on any website linked to it.
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| 13 |
CANCELLATION OF CONTRACT – EUROPEAN COMMUNITIES (PROTECTION OF CONSUMERS IN RESPECT OF CONTRACTS MADE BY MEANS ON DISTANCE COMMUNICATION) REGULATIONS, 2001 (SI 207/2001) (AS AMENDED) |
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| 13.1 |
Pursuant to the European Communities (Protection of Consumers in Respect of Contracts made by means on Distance Communication) Regulations, 2001 (SI 207/2001) (the “Regulations”) you are entitled to cancel the contract that you are about to enter into with the Company (the “Contract”), without giving reason to the Company at any time within seven days of entering into the Contract (the “Cancellation Period”). However, under the Regulations, where the provision of the Services has commenced, with your agreement, before the end of the Cancellation Period, your right of cancellation may not be exercised and this means that you do not have a right to cancel this Agreement (whether under the Regulations or under the Terms). |
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| 13.2 |
By entering into the Contract and by accepting these Terms, you are agreeing to the Service Provider commencing the provision of the Services immediately and prior to the end of the Cancellation Period and therefore agreeing that you will not cancel the Contract. |
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| 13.3 |
The Regulations apply to natural persons who is/are acting for purposes which are outside that person’s trade, business or profession. They do not apply to businesses or companies or other trade or commercial customers. |
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| 13.4 |
The Regulations require, inter alia, that the Service Provider provides you with the following information: |
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| 13.4.1 |
identity of the supplier: MoneyMate Limited (trading as MyWheels);
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| 13.4.2 |
trading address of the supplier: Unit 15, Trinity Technology & Enterprise Campus, Pearse Steet, Dublin 2;
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| 13.4.3 |
main characteristics of goods and services: a Vehicle Data Check and Vehicle Finance Check of vehicles registered in ROI or the UK;
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| 13.4.4 |
price of goods or services (including all taxes):
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Irish Finance Check + Irish Auto Check: €7.00 (inclusive of 21.5% VAT);
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| (b) |
Irish Auto Check + UK Auto Check: €7.00 (inclusive of 21.5% VAT); and
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| (c) |
Irish Finance Check + UK Finance Check + Irish Auto Check + UK Auto Check: €12.00 (inclusive of 21.5% VAT).
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| 13.4.5 |
arrangement for payment, delivery or performance: payment is made by credit/debit card at the time of entering into the contract. The Services will be performed by email within two working days of the contract being entered into. However, without prejudice to the foregoing, certain Services may, and often are, performed almost immediately.
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| 13.4.6 |
contract duration: subject to the Terms, the Services shall be provided within two working days of the contract being entered into.
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| 13.5 |
The Service Provider retains the right to unilaterally change the price of the Services at its sole discretion.
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| 14 |
COMPLAINTS |
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| 14.1 |
The Company hopes that you will be fully satisfied with the Services that are provided to you. The Company is and will always strive to improve the Services. If you wish to make a complaint about any of the Services please write to MyWheels Limited at Unit 15, Trinity Technology & Enterprise Campus, Pearse Steet, Dublin 2 setting out in full the nature of your complaint.
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| 14.2 |
The Company will endeavour to acknowledge your complaint within three working days. The complaint will be fully investigated and the Company will endeavour to respond to your complaint within five working days from receipt.
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| 14.3 |
If you are a consumer using the Services for private use and are not satisfied with the response to your complaint, you may refer the matter to:
The National Consumer Agency
4 Harcourt Road
Dublin 2
Ph: 4025555 (Dublin Area), 1890 342432 (Outside Dublin Area)
Fax: 01-4025501
Website: www.consumerconnect.ie
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| 15 |
LINKING TO THE SITE |
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| 15.1 |
You may not link to our home page from any other website, intranet or other similar service within or outside your organisation.
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| 15.2 |
If you wish to make any use of the Content or the Site other than that set out in these Terms, please address your request to info@mywheels.ie.
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| 16 |
LINKS FROM THE SITE |
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| 16.1 |
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them and we hereby expressly exclude any and all liability for any loss or damage of any kind howsoever arising incurred by you in connection with the same.
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| 16.2 |
In respect of any links on the Site to the websites of other companies, whether affiliated with us or not, we cannot and do not give any undertaking that products you purchase from third party sellers through the Site, or from companies to whose website we have provided a link on the Site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely and we hereby expressly exclude any and all liability for any loss or damage of any kind howsoever arising, incurred by you in connection with the same. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
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| 17 |
REPUBLIC OF IRELAND ONLY |
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| 17.1 |
This website is available for use by residents of the ROI only (excluding, for the avoidance of doubt, Northern Ireland). In listing your place of residence you acknowledge, represent and warrant to us that you are a resident of the ROI. If you are not a resident of the ROI, please cease all usage of the Site, the Services and any other related services immediately.
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| 18 |
JURISDICTION AND APPLICABLE LAW |
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| 18.1 |
The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
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| 18.2 |
These Terms 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 the laws of Ireland.
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| 19 |
SEVERANCE |
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If any of the Terms should be determined to be illegal, invalid or otherwise unenforceable, such term or terms shall be severed and deleted from the clause concerned and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
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| 20 |
QUERIES |
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If you have any queries or concerns about material which appears on the Site, please contact info@mywheels.ie
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Thank you for visiting our site.
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