Welcome to our website.
Information about BNest
For the purposes of these Terms and Conditions, “BNest” means www.BNest.ie a site operated under the trade name BNest, a registered trade name (CRO No. 567829) of Practical Business Solutions Ltd, (registered in Ireland, CRO No. 430688) and all activities and programmes delivered under the Bnest logo.
BNest provides users with access to resources and programmes through its website and through direct content. Such content and any future content developed, however accessed, is known here after as the “Service”.
OVERVIEW OF USE
- The content of the pages of this website is for your general information and private use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials or participation in any activity under BNest is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Service meet your specific requirements.
- Our Service contains some material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in our Service which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of our website may give rise to a claim for damages and/or be a criminal offence.
- From time to time our website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and abide by all of its provisions. Your use of this website is subject to your acceptance of this Agreement. If you do not accept the terms and conditions of this agreement, you should not visit this website.
You understand and agree that the Service may include certain communications from BNEST, such as service announcements, administrative messages and the newsletter. You understand and agree that these communications are considered part of BNEST service. BNEST may, at its option, provide you with notices, either by email, regular mail, or postings on the Service. If you desire to withdraw your consent to receive any such communication, you must immediately unsubscribe from the service.
You are solely responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are solely responsible for those fees. In addition, you must provide and are solely responsible for all equipment necessary to access the Service.
You understand that all information, including without limitation, all data, text, software, sound, photographs, graphics, video, messages or other materials (collectively “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BNEST, are solely responsible for all Content you upload, post, email, transmit or otherwise make available via the Service. Except otherwise specified in this Agreement, you do not receive any license, right or ownership right to any Content not created by you.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or illegal;
- contribute to the harm or detriment of any minor;
- impersonate any person or entity, including, but not limited to, an BNEST employee or agent, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available or use any Content you do not have a right to make available under any law or under contractual or fiduciary relationships (including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available or use any Content that infringes any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right (“Rights”);
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains any software virus, any other malicious data or computer code, file or program designed to interrupt, destroy, limit or otherwise interfere with the performance or functionality of any computer software, hardware, telecommunication equipment, or the property of any person;
- interfere with or disrupt the Service, computer server or network connected to the Service, or disobey any requirement, procedure, policy or regulation of any network connected to the Service;
- violate any applicable local, national or international law,
- “stalk” or otherwise harass another; and;
- collect or store personal data about other users
You understand the Service may include security components that permit digital materials to be protected, and use of these security components is subject to usage rules set by BNEST and/or content providers to the Service. You may not attempt to override, disable, modify or circumvent any of the usage rules embedded in the Service.
Actual or attempted unauthorized use of any of the Service may result in criminal and/or civil prosecution. For your protection, BNEST reserves the right to view, monitor, and record activity on the Service without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organisations in connection with the investigation or prosecution of possible criminal activity on any of the Service. BNEST will also comply with all court orders involving requests for such information.
You unconditionally represent, warrant, and covenant to indemnify, defend, and hold harmless BNEST, and its subsidiaries, affiliates, officers, directors, employees, suppliers, agents, advertisers and co-branders, from any lawsuit, claim, demand or judgment, including reasonable legal fees, made by any third party as a result of or arising out of any Content you submit, post, transmit or make available through the Service, your use of the Service, your network connection to the Service, any violation by you of this Agreement, or any violation by you of any other party’s right.
ASSUMPTION OF RISK
You use the Internet solely at your own risk and subject to all applicable local, national and international laws and regulations. While BNEST has endeavoured to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this website over the Internet cannot be guaranteed. Accordingly, BNEST and its licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the website, or for the consequences of any reliance on such information. BNEST and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the website.
NO COMMERCIAL USE OF INFORMATION GATHERED FROM BNEST
MODIFICATION OF SERVICE
BNEST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. You agree that BNEST shall not be liable to you for any modification, suspension or discontinuance of any Service or part thereof.
DEALINGS WITH THIRD PARTIES
Your contact, correspondence or business dealings with any third party found on or through the Service, including without limitation payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with any such dealing, are solely between you and the advertiser or third party. You agree that BNEST shall not be responsible or liable for any loss or damage of any sort resulting from or related to any such contact, correspondence, or business dealings.
BNEST’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by intellectual property rights and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual rights and laws.
BNEST, BNEST LOGO, BNest.ie and all other design marks and slogans are trademarks, service marks, or intellectual property of BNEST. All other product and service marks contained in the Service are the trademark, service mark or intellectual property of their respective owner. You may not use any BNEST Mark or any third party trademark, service mark or intellectual property without the prior written consent of BNEST or the applicable owner.
DISCLAIMER OF WARRANTIES
You expressly agree and acknowledge your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. BNest expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose, or non-infringement.
BNest disclaims any warranty, express or implied, that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure or error-free, (iii) the information or results obtained from the service will be accurate, complete or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations, (v) any errors in the service will be corrected, or (vi) any advice, information, service or good advertised in, offered by or received from the service or any link provided by the service is complete, accurate, reliable or error-free.
Any material downloaded, otherwise obtained or used through the service is done at your own discretion and risk. You are solely responsible for any damage, loss or harm relating to or resulting from your use of the service, including, but not limited to any harm, damage, loss or injury to your computer system, network, or other property, or loss of data that results from the download or use of the service.
LIMITATION OF LIABILITY
You unconditionally agree and acknowledge that in no event shall BNest be liable for any direct loss, damage or injury whether the loss, damage or injury is based on contract, tort, negligence, strict liability law, or other theory, even if BNest has been advised of the possibility of any such loss, damage or injury, including without limitation, any loss, damage or injury resulting from: (I) the use or the inability to use the service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (III) unauthorized access to or alteration of your transmissions or data; (IV) any statement or conduct of any third party on the service; (V) your reliance on the service or (VI) any other matter relating to the service.
EXCLUSION OF DAMAGES
In no event shall BNest be liable for any indirect, incidental, or consequential damage, whether the alleged damage is based on contract, tort, negligence, or strict liability law, including, without limitation, (I) the use or the inability to use the service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (III) unauthorized access to or alteration of your transmissions or data; (IV) any statement or conduct of any third party on the service; (V) your reliance on the service or (VI) any other matter relating to the service even if BNest has been advised of the possibility of any such loss, damage or injury.
ABOUT THIS AGREEMENT
This Agreement is the complete and exclusive agreement between BNEST and you regarding this subject matter and supersedes all prior agreements and all communications, whether written or oral, between the parties. This Agreement may be amended, changed, or revised by BNEST without notice. Any such amendment, change or revision will be posted on this web site by BNEST. You agree to monitor this web site for any amendment, change or revision, and to be bound by any such amendment, change or revision. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of BNEST. A waiver of any violation or failure to enforce any provision of this Agreement by BNEST shall not constitute a waiver of any rights with respect to this Agreement.
The validity, construction, interpretation, and performance of this Agreement shall be governed and construed by the laws of the Republic of Ireland., exclusive of its rules regarding conflicts of law. Any suit or cause of action with respect to this Agreement may only be brought in the Republic of Ireland. English shall be the governing language of this Agreement.
All terms and conditions of this Agreement are severable. If any term or provision, or any portion thereof, of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions shall not be affected.
Section headings are intended for convenience only and shall not be used in the interpretation of this Agreement.
You agree any claim or cause of action you may have arising out of this Agreement or related to use of the Service must be filed within one (1) year after the date of the damage, loss or injury giving rise to any such claim or cause of action or your claim or cause of action will be forever barred.
In no event shall BNEST be liable to you or any other party for any damage, loss or injury beyond the reasonable control of BNEST, including, without limitation, any strike, stoppage in labour, riot, fire, flood, ice, invasion, civil war, insurrection, blockades, embargoes, sabotage, epidemics, explosions, military or usurped power, order of any court granted in any bona fide adverse legal proceeding or action, or order of any civil or military authority, including orders of governmental and administrative agencies which conflict with the terms of this Agreement, or acts of God or public enemies.
All provisions which by their nature may reasonably be interpreted to survive the expiration or termination of this Agreement shall survive any expiration or termination of this Agreement.
Please report any violation of this Agreement by writing to info@BNest.ie
This Agreement was last edited 21/5/2016