TERMS & CONDITIONS
These terms and conditions govern your use of the Amalgamated Hardware plc t/a Topline company website (the "Company Site") and your relationship with Amalgamated Hardware plc (the "Company", "we" or "us"), and other digital and online services managed by the Company. Please read them carefully, as they affect your rights and liabilities under the law. Your use of the Company Site confirms your unconditional acceptance of the terms and conditions. If you do not agree to these terms and conditions, please do not use the Company Site. If you have any questions on the terms and conditions, please email firstname.lastname@example.org.
The Company Site is owned and operated by Amalgamated Hardware plc trading as Topline with registered offices at Naas Industrial Estate, Naas, Co. Kildare. The company is a private company limited by shares. Registered in Ireland No. 39851.
1. Use of Company Site
The Company Site is provided to you for your personal use, subject to these terms and conditions. By using the Company Site, you agree to be bound by these terms and conditions.
2.1 We may update these terms and conditions at any time for legal or regulatory reasons, or to allow the proper operation of the Company Site. Any changes to the terms and conditions will be effective immediately when posted on the Company Site. If you do not wish to accept the new terms and conditions, you should not continue to use the Company Site. If you continue to use the Company Site after the date on which the change comes into effect, your use of the Company Site indicates your agreement to be bound by the new terms and conditions. The date of the latest revision to the terms and conditions can be found at item 14 of these terms and conditions.
3. Intellectual Property
3.1 When you visit the Company Site, our web
server automatically records your IP address. This IP address is
not linked to any of your personal information. We use IP addresses
to help us administer the Company Site and to collect demographic
information for aggregation purposes.
3.2 All designs, content, information, images, graphics, software, text, trade names, trademarks, logos, service marks and other materials displayed on or that can be downloaded from the Company Site (the “Content”) is either the property of, or used with permission given exclusively to, the Company and is protected by copyright, trademarks, database rights, other intellectual property rights and other laws and may not be used except as permitted in these terms and conditions or with the prior written permission of the Company. You may not modify the Content in any way or distribute or reproduce or publicly display, or otherwise use the Content for any public or commercial purpose. You may retrieve and display the Content on a computer screen or mobile device, or print one copy of such Content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, plagiarise, modify, copy or distribute or use for commercial purposes any of the Content without prior written permission from the Company.
4. Your Use of the Company Site
4.1 The use of the Company Site and its Content is entirely at your own risk.
4.2 You may not use the Company Site for any of the following purposes:
4.2.1 disseminating any lawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws;
4.2.2 transmitting material which encourages conduct which constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice;
4.2.3 interfering with any other person’s use or enjoyment of the Company Site; or
4.2.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
4.3 You agree to comply with all applicable laws in using the Company Site and you will be responsible for any or omissions that occur in such use.
4.4 You agree to indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against all and any losses, liabilities, demands, claims, costs and expenses (including legal costs and disbursements on an indemnity basis) and damages incurred or suffered arising directly or indirectly from your use of the Company Site or your breach of these terms and conditions.
4.5 We may, but are not obligated to, monitor or review any material, information, ideas, suggestions, questions, comments or other communications you transmit, upload, or post to or through the Company Site in any manner ("User Communications”). We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
4.6 You agree that Company and its vendors may collect and use technical data and related information including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Company Site. The Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
4.7 You will be responsible for our losses and costs resulting from your breach of this clause 5.
5. Availability of the Company Site
5.1 Although we aim to offer you the best service possible, we make no promise that the services of the Company Site will meet your requirements. We cannot guarantee that the service will be fault free. If a fault occurs with the Company Site, you should report it via email to email@example.com and we will attempt to correct the fault as soon as we reasonably can.
5.2 Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
5.3 We may from time to time and without any liability on our part modify, suspend or discontinue the Company Site or any Content, or any part or specification thereof, with or without notice for technical, operational or commercial reasons.
6. The Company's Right to Suspend, or Cancel, Your Registration
6.1 We may suspend or cancel your registration immediately at our reasonable discretion, or if you breach any of your obligations under these terms and conditions.
6.2 You can cancel your registration at any time, by informing us via an email request to: firstname.lastname@example.org.
6.3 The suspension, or cancellation, of your registration shall not affect either party’s statutory rights or liabilities.
7. The Company's Liability
7.1 The Company Site provides proprietary content and content from other sources and internet sites, and links to other internet sites and, whilst the Company tries to ensure that material included on the Company Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content.
7.2 We do not make any warranties or guaranties in relation to the Content or timeliness of the Content or about the results to be obtained from using the Content. The use of the Company Site and the Content is entirely at your own risk.
7.3 How to Guides, How to Videos and Project Ideas are provided only as a convenience to you. Always consult an appropriate, qualified, registered, and experienced professional before working with any utilities or before commencing any work you are uncertain of or unfamiliar with. Always read and follow all relevant manufacturers’ manuals and instructions provided.
7.4 The products and services described or depicted on the Company Site (collectively, the "Products") and the features, content, specifications, and prices of the Products are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colours; however, the actual colour you see will depend on your mobile device, computer system, monitor, and/or other display, and we cannot guarantee that colours will be accurately displayed. Images shown are for illustrative purposes only. The Company does not accept responsibility for inaccurate content and/or instructions which are included on any Products.
7.5 The display of any Products on the Company Site at a particular time does not imply or warrant that these Products will be available at any time in the Company retail outlets. While every effort is made to ensure the availability of products displayed on the Company Site, we cannot guarantee the availability thereof. We reserve the right to discontinue the sale of any Products listed on the Company Site at any time without notice. Promotional offers at Company retail outlets may not always be available on the Company Site and promotional offers listed on the Company Site may not always be available at Company retail outlets. Our goal is to maintain a completely accurate Site. In the event that price or other errors are discovered we will promptly correct them and the amended provision will apply. The Company reserves the right to change or amend prices or promotional offers at any time without notice.
7.6 If the Company is informed of any inaccuracies in any material on the site, we will attempt to correct the inaccuracies as soon as we reasonably can.
7.7 In no event shall the Company, its suppliers, or any third parties mentioned on the Company Site be liable for any loss of profits, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) resulting from your use or inability to use the Company Site or arising from the use, repair, service or maintenance of any equipment, even if such loss was reasonably foreseeable of the Company had been advised of the possibility of such loss being incurred.
8. Links To and From Other Sites
8.1 As a convenience to customers, the Company Site includes links to other websites or material ("Sites") which are beyond its control. The Company is not responsible for content on any Sites outside the Company Site and does not make any representations regarding the content or accuracy of materials on such Sites. The Company nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, application, or online or digital site or service, or any content, materials or other information located or accessible from such websites, applications, or online or digital sites or services, or the results that you may obtain from using such websites, applications, or online or digital sites or services. You access these Sites at your own risk.
8.2 You may not link to the Company Site or any part of the Company Site from other Sites, whether by hyper-linking, framing, or other techniques, without the prior written consent of Company. The Company reserves the right to refuse or withdraw consent at any time without prior notice and without giving reasons.
9. Advertising and Sponsorship
The Company Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes. We will not be responsible to you for any error, or inaccuracy, in advertising and sponsorship materials.
10. Applicable Law
These terms and conditions will be subject to the laws of Ireland. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way in which we deal with any disagreement and you wish to take Court proceedings, you must do so within Ireland.
11. International Use
We make no promise that materials on the Company Site are appropriate or available for use in locations outside of Ireland and accessing the Company Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Company Site from locations outside of Ireland, you do so on your own initiative and are responsible for compliance with local laws.
12.1 You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions to another business where we reasonably believe your rights will not be affected.
12.2 If you breach these terms and conditions and the Company chooses to ignore this, the Company will be entitled to use its rights and remedies at a later date, or in any other situation where you breach the terms and conditions.
12.3 The Company shall not be responsible for any breach of these terms and conditions caused by circumstances beyond its reasonable control.
12.5 The Company Site is owned and operated by Amalgamated Hardware plc, having its registered office at Naas Industrial Estate, Naas, Co. Kildare.
12.6 If you have any queries please email email@example.com.
13. These terms and conditions were last revised on and are effective as of 6th October 2014.