General Terms & Conditions
This web site (“the nugents.ie web site”) is provided by Nugent Auctioneers with a registered office at Main Street, Blessington County Wicklow.
Acknowledgement and Acceptance
This Agreement (“the Agreement”) outlines the terms and conditions governing your access to and use of the nugents.ie web site. By accessing and/or using the nugents.ie web site you agree to be bound by the terms and conditions contained in this Agreement. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about them please email us at property@nugents.ie.
Nugent Auctioneers reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. You are responsible for regularly reviewing this Agreement and your continued use of the nugents.ie web site constitutes an affirmative acknowledgement by you of any modification to this Agreement and consent to be bound by its terms.
Non-Irish Residents
The nugents.ie web site is for the use of residents of Ireland. Residents of other countries may access and use the nugents.ie web site, however they do so at their own risk and it is their sole responsibility to ensure that accessing and using the nugents.ie web site does not contravene their local laws.
Links to Third Party sites
Links included within the nugents.ie web site may let you leave the nugents.ie web site and enter into other web sites (“linked sites”). The linked sites are not under the control of Nugent Auctioneers and Nugent Auctioneers is not responsible for the content of any linked sites or any link contained in a linked site or any changes or updates to such sites. Nugent Auctioneers is not responsible for web casting or any other form of transmission received from any linked site. Nugent Auctioneers is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Nugent Auctioneers of the site or any association with their operators.
Dealings with Advertisers
Your correspondence or dealings with, or participation in promotions and/or advertisers found on or through the nugents.ie web site are solely between you and such advertiser. You agree that Nugent Auctioneers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the nugents.ie web site.
Intellectual Property
All materials published on the nugents.ie web site including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips (“Information”) is protected by copyright and owned or controlled by Nugent Auctioneers.
You hereby acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including software, software architecture, design or code including source and object code, data specifications, drawings, instructions, programs, developments, methods, techniques and improvements; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the nugents.ie web site (hereinafter referred to as “Intellectual Property”) are solely owned by Nugent Auctioneers. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
All web site design, text, graphics, the selection and arrangement thereof and all software are copyright of Nugent Auctioneers. ALL RIGHTS RESERVED
Limitation of Liability
Nugent Auctioneers shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising (including, but not limited to, an action in contract, negligence or other tortious action) that results from the use of information and material available on the nugents.ie web site.
Although rigorous protocols are applied to the nugents.ie web site, Nugent Auctioneers, does not make any warranty that the web site is free from infection by viruses or anything else that has contaminating properties.
Nugent Auctioneers does not accept any liability for any losses or claims arising from any inability to access the nugents.ie web site.
Disclaimer
The material and information contained in the nugents.ie web site including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips may contain inaccuracies and typographical errors. Nugent Auctioneers does not warrant the accuracy or completeness of the materials or information or the reliability of any advice, opinion, statement or other information displayed or distributed through the nugents.ie web site. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. Nugent Auctioneers reserves the right in its sole discretion to correct any errors or omissions in any portion of the nugents.ie web site.
The nugents.ie web site, the information and material on the nugents.ie web site are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to warranties regarding merchantability, non-infringement, fitness for any particular purpose and title.
Nugent Auctioneers does not make any warranty, guarantee nor any representation regarding the quality of or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies on the nugents.ie web site.
Nugent Auctioneers shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.
Indemnity and Waiver
You hereby agree to indemnify and keep indemnified Nugent Auctioneers its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the information and material posted on the nugents.ie web site or resulting from any breach of this Agreement whether such breach is carried out by you, your use of the nugents.ie web site, your connection to the nugents.ie web site or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the nugents.ie web site is done at your own discretion and risk and that you waive any right to bring any claim or action against Nugent Auctioneers or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from your access to or use of the nugents.ie web site.
No unlawful or prohibited use
You hereby acknowledge and warrant to Nugent Auctioneers that you will not use the nugents.ie web site for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use the nugents.ie web site in any manner which would damage, disable, overburden or impair the nugents.ie web site or interfere with any other party’s use and enjoyment of the nugents.ie web site and you may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the nugents.ie web site.
You hereby agree and warrant that you will not publish, post, upload, distribute or disseminate any material or information on the nugents.ie web site that infringes any copyright or intellectual property rights of any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable and facilitates or promotes illegal activity, depicts sexually explicit images or promotes violence or discrimination.
You hereby agree to indemnify and keep indemnified Nugent Auctioneers its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from any such publication, posting, uploading, distribution or dissemination of any such material or information on the nugents.ie web site.
Assignment
Nugent Auctioneers reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
Modifications to nugents.ie web site
Nugent Auctioneers reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the nugents.ie web site (or a part thereof) with or without notice. You agree that Nugent Auctioneers shall not be liable to you or any third party for any modification, suspension or discontinuance of the nugents.ie web site. Nugent Auctioneers shall not be liable to you or any third party should Nugent Auctioneers exercise its right to modify or discontinue the nugents.ie web site.
Entire Agreement
This Agreement constitutes the entire Agreement between you and Nugent Auctioneers and superceeds any prior agreements, arrangements, statements and understandings between Nugent Auctioneers and you.
Waiver
A waiver by Nugent Auctioneers of any breach by you of any of the terms, provisions or conditions of this Agreement or the acquiescence of Nugent Auctioneers to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
Invalidity
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
Dissatisfaction
If you are dissatisfied with the nugents.ie web site or any information posted thereon, or with any term or condition of this Agreement, your sole and exclusive remedy is to discontinue using the nugents.ie web site.
Governing Law
This Agreement shall be governed by Irish law and you hereby consent to the exclusive jurisdiction of the Irish courts in all matters regarding it.
