General Terms and Conditions
The General Terms & Conditions of Contract set out below shall govern Your access to and use of Our Website, the provision of the Services and the relationship between You and Us to the exclusion of any other terms and conditions except those described in the Master Agreement and Mandate and/or implied by the law of the Republic Of Ireland. Where these terms vary from those in the Master Agreement or Mandate, the terms in the Master Agreement or Mandate shall have primacy. YOUR ATTENTION IS DRAWN TO CLAUSE 2 BELOW, WHICH CONTAINS TERMS THAT MAY LIMIT OR EXCLUDE OUR LIABILITY TO YOU.
Definitions
a) “We”, and all grammatically related constructions, refers to Hold Tech Files Ltd as the owner of the Website and the person making available the Services.
b) “You”, and all grammatically related constructions, refers to the legal or natural person accessing the Website in respect of the Services or proposing to receive the Services
c) “The Services” refers the holding and making available of technical files in accordance with the relevant law of the European Union under the Mandate.
d) “Mandate” refers to Our contractual document named Master Agreement & Mandate under which You may appoint Us to provide some, all or a selection of the Services to You by way of the Website and subject to further terms and conditions recorded thereon. A Mandate becomes and remains valid only where our Fees and Charges are paid in full in cleared funds as and when they fall due.
e) “Website” means Our website and the information and content it comprises.
We undertake to provide You with the Website and to exercise Our reasonable skill, experience and diligence in doing so, however no legal relationship is implied or may be inferred and You may not rely on anything on Our Website until and unless You propose to receive the Services and We agree to provide the Services to You pursuant to a valid Mandate.
1. Data, Information & Documentation
a) We use all reasonable endeavours to deliver the Website to the highest standards however You accept and agree that We shall not be liable for any representation made on Our Website or for any reliance placed on Our Website save where a valid Mandate is in place between Us and You.
b) You warrant and represent that in selecting Our Services, communicating with Us in respect of Your requirements for the Services and completing Your application for a Mandate that the instructions, information, representations and documentation provided by You to Us are accurate and in full and that You shall notify Us immediately of any information coming to Your attention that may be likely to affect the nature, status or validity of a Mandate.
c) We shall take all reasonable steps to maintain details about Your access to Our Website, Your use of the Services, Your Machine and Mandate, and Our relationship confidential except where disclosure is required in order to fulfil Our contractual obligations hereunder or by law or order of the Courts.
d) We shall be entitled to retain copies of such data including cookies, documentation and electronic information provided by You or coming into our possession as a result of Your accessing or using our Website, or communicating with Us by other means, as is required by Us for proper record keeping and reporting requirements under Irish law
e) The warranties, undertakings and representations set out in the accompanying “GDPR Notice” shall apply in relation to Our collection, processing and storage of any personal data provided to Us by You.
2. Insurance & Liability
a) To the maximum extent permitted by law,, You agree that We shall not be responsible or liable for any loss of any kind incurred by You or any other form of loss, cost, damage, expense, penalty, award or charge incurred or suffered by You as a consequence of Our provision of the Website to You.
b) You agree to indemnify Us fully and hold Us harmless against all losses, costs, penalties, damages, awards, judgments, orders, expenses or charges suffered or incurred by Us or claimed from Us as a consequence of Your access to and use of our Website, Our reliance on information, documentation, representations or instructions provided by You, and/or, any action or omission on Your part, or otherwise incurred or suffered by Us in connection with the provision of the Website or the Services to You.
Jurisdiction & General
a) It is agreed that these General Terms & Conditions are to be construed according to and governed by the law of the Republic Of Ireland, and that the Courts of the Republic Of Ireland shall have non-exclusive jurisdiction
b) Where translations from the English original are made, the English original version shall have primacy
c) These General Terms & Conditions shall not be invalidated by any waiver from time to time of any of the terms, nor shall any waiver preclude or hinder the continuance of any term so waived
d) Any invalidity of any part shall not affect the continuing validity of the remainder
f) The headings to these General Terms & Conditions are for convenience only and shall not affect the interpretation or construction.
g) We reserve the right from time to time to vary, amend, waive, discharge or terminate any aspect of these General Terms & Conditions.
i) Nothing in these General Terms & Conditions is intended to be enforceable by any third party as provided by the Contracts (Rights Of Third Parties) Act 1999.