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Terms and Conditions

www.picktourism.ie

TERMS OF USE

By accessing or using the www.picktourism.ie website (the “Site”), you acknowledge and agree to the disclaimers, terms and conditions (the “Terms”) set forth below. Reference to “we”, “our” and “us”, etc. are references to us, Fáilte Ireland (“Fáilte Ireland”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should review the Terms periodically as, by using the Site, you agree to be legally bound by these Terms and further affirm such acceptance by becoming a registered user (“Registered User”) of the Site. If you do not accept the Terms stated here, do not use the Site or register to become a Registered User.

ACCEPTABLE USE OF THE SITE

Fáilte Ireland authorises you to view and download a single copy of the materials on the Site, solely for your personal, non-commercial use. We reserve the right to suspend the use of the Site generally or to block your access to any part of the Site and/or to suspend or terminate your rights to use the Site or any part of it if we suspect misuse.

INTELLECTUAL PROPERTY

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and the materials displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

All materials incorporated in or accessible through the Site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, podcasts, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Site), are protected by Irish and international copyright laws, and are owned, controlled or licensed by Fáilte Ireland or by the original creators of such materials or their permitted licensors. All such rights are reserved. Such materials may be used only for viewing the Site in the ordinary course. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, displaying, posting, performance, or other exploitation thereof, by any means or medium, without the prior written permission of the copyright owner is strictly prohibited. In addition, where any content on the Site is not owned by Fáilte Ireland the use of such content shall be prohibited unless the consent of the owner has been obtained and the use of such material has been notified to us in advance.

All trade marks on this Site may not be used without our prior written permission.

PRIVACY AND SECURITY

We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Statement. You should review our Privacy Statement, which is incorporated into these Terms by this reference.

FREEDOM OF INFORMATION

Fáilte Ireland are subject to the requirements of the Freedom of Information Acts 1997-2003 (the "FOI Act") and you acknowledge that information and data provided to Fáilte Ireland may be subject to the FOI Act as amended from time to time

GENERAL DISCLAIMER

This Site is intended to provide general information only, and should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in any part of this Site.

While Fáilte Ireland has taken every precaution to ensure the accuracy of the Site’s content information, neither Fáilte Ireland, nor its contributors, make any warranties, representations or undertakings relating to any of the content of the materials on the Site (including, without limitation, as to the quality, accuracy, completeness or fitness for any particular purpose of such content).

Neither Fáilte Ireland, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that the Site will be continuously available, or that your use of the Site or any function of the Site will be uninterrupted or error free, or that the Site and server will be free from infection, viruses and/or other components that have contaminating or destructive properties.

The Site is provided by Fáilte Ireland on an “as is” and “as available” basis. To the fullest extent permissible by law, Fáilte Ireland disclaims all warranties, conditions and undertakings, express or implied. Fáilte Ireland does not warrant or make any representations regarding the use or the results of the use of the materials incorporated in the Site or any third party website accessed through the Site in terms of their correctness, accuracy, timeliness, reliability, or otherwise and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

Further, please note that no advice or information, obtained by you from our personnel or through this Site shall create any warranty not expressly provided for in these Terms. Where you rely on any information, material or services on the Site, you do so entirely at your own risk.

LIMITATION OF LIABILITY

You expressly understand and agree that (to the fullest extent permitted by law), Fáilte Ireland shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits or contracts, income or revenue, goodwill, anticipated savings, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: (a) the use or the inability to use the Site; (b) the use of any content or other material on the Site or any website or websites linked to the Site; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Site; or (e) any other matter relating to the Site.

If you are dissatisfied with these Terms, your sole and exclusive remedy is the discontinuation of the use of the Site.

USER OBLIGATIONS

In accessing any part of our Site, you agree not to use the Site or cause or permit the Site to be used:

• to jeopardise or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network;

• to harvest or otherwise collect information about others, including e-mail addresses, without their consent;

• for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the Site to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;

• to distribute, download, upload, or transmit any material which contains viruses, trojan horses, worms, timebomb, cancelbots or other harmful, deleterious or disruptive components;

• to attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

• contrary to the terms and conditions of any Internet Service Provider you may use.

Fáilte Ireland operates a forum on the Site (the “Forum”). To use the Forum you must become a Registered User by completing the Registration Form and agree to abide by the Forum Area Guidelines.

The Site is controlled and offered by Fáilte Ireland from Ireland. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

LINKS

The Site contains links to third party websites. These links are provided for your convenience only and you are solely responsible for evaluating the content and accuracy of materials on such third party websites. If you choose to access linked third party websites, you do so at your own risk.

Fáilte Ireland generally welcomes the hyper-linking to the Site from other appropriate websites. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impact the visitor’s perception of the Site or their user experience.

NOTICE AND TAKE DOWN PROCEDURE

If you identify material on the Site which you believe infringes any of your own intellectual property rights, you should contact us by writing to info@failteireland.ie. Your email must include the following:

(i) A statement confirming that you are the owner of an exclusive right, or that you are a person authorised to act on behalf of the owner of an exclusive right, that is allegedly being infringed on the Site;

(ii)  You must identify the copyrighted work(s) claimed to have been infringed on the Site;

(iii)  You must identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fáilte Ireland to locate the material;

(iv)  You must provide information reasonably sufficient to permit Fáilte Ireland to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

(v)  You must confirm in writing that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)  You must confirm in writing that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you identify material on the Site which you believe breaches any of the Terms generally or in particular breaches the Terms relating to User Obligations, you should contact us by emailing us at info@failteireland.ie.

Where Fáilte Ireland receives a valid notice in respect of either intellectual property infringement or general breach of the Terms, we will take steps to investigate the matter and, where we are satisfied that the allegation is merited, we will remove the offending content. We may also remove content that we determine, in our sole discretion, to be unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable. Any removal will be on a “without prejudice” basis and shall not constitute any admission of responsibility on the part of Fáilte Ireland or any other party. If you have any other concerns regarding the Site, please see the Contact details at the end of these Terms.

GOVERNING LAW

The Site has been designed and these Terms shall be governed by and construed in accordance with the laws of Ireland. Any dispute arising out of the access or use of the Site will be subject to the jurisdiction of the Irish courts.

ADDITIONAL TERMS

These Terms constitute the entire agreement between you and Fáilte Ireland with respect to your access and use of the Site and any third-party website accessed through the Site. If any of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of those or any other rights or remedies.

Certain pages on the Site may contain additional terms and conditions or data protection notices. Such additional terms shall apply in the manner set out but shall be in addition to, and not in substitution for, these Terms.

CONTACTING US

If for any reason you wish to contact us, we can be reached at:

The Education Department, Fáilte Ireland, 88-95 Amiens Street, Dublin 1, Ireland.

Tel : 01 884 7700 or email: info@failteireland.ie

Thank you for visiting the Site.

© COPYRIGHT FÁILTE IRELAND 2008.  

Other contributors:

Canadian Tourism Board:

The origin of some of the articles have been sourced courtesy of British Columbia's Tourism HR Association working in partnership with Fáilte Ireland sharing best practices.

Action Recruitment Ltd

Some information within the Toolbox area was created in collaboration with Action Recruitment Ltd

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