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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING SHERLOCKHOMES.IE ("this Site").

These terms and conditions are deemed to include our privacy policy and disclaimer are collectively known as "these Terms". When you use this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site.

This page states the Terms and Conditions under which you (the User) may use the Site. RED SHOES PROPERTY PORTAL LIMITED herein referred to as SHERLOCKHOMES may change these Terms and Conditions at our discretion at any time by updating this posting. The then current version of these Terms will apply whenever you use this Site. You should visit this page periodically to review the Terms and Conditions, because they are binding on you and each time you use the Site you agree to be bound by the current terms and conditions. You may print and keep a copy of these Terms.

SherlockHomes’s Liability

The Material may contain inaccuracies or typographical errors. SHERLOCKHOMES makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. In particular SHERLOCKHOMES makes no warranties or representations as to the accuracy, reliability or quality of any property descriptions made available from the Site or as to the availability for purchase of any property. The use of the Site and the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time without notice.

SHERLOCKHOMES shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.

Sherlockhomes does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful elements. If your use of the site or the material results in the need for servicing or replacing equipment or data, Sherlockhomes assumes no responsibility whatsoever for those costs. The site and material are provided on an "as is" and “as available” basis without any warranties of any kind. Sherlockhomes and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non-infringement of third parties rights, and any warranty of fitness for particular purpose. Sherlockhomes and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links.

Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation. We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control. We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system. We accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law. We shall not be liable to you for: any indirect, consequential, special or punitive loss, damage, costs and expenses; loss of profit; loss of business; loss of reputation; depletion of goodwill; or loss of, damage to or corruption of data. When you use the "contact forms" on this Site to enquire about property, your details (including your email address) will be sent by email directly to the estate agent or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent or developer.

Intellectual Property

The copyright and all other intellectual property rights in this Site (including all trade marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). You may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.

The device is our registered trademark. You may not use or copy it without our prior written consent.

This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.

The details of the properties available on this Site are provided to us by our affiliated estate agents and builders and surveyors for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.

The entire contents of the site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Sherlockhomes, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials

Warranty

Whilst SHERLOCKHOMES endeavours to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.

The information provided on this Site is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case.

We make no warranty or guarantee that the Site or information available over it complies with laws other than those of Ireland.

Your Obligations

You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.

You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.

Registration

To receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID.

Each registration is for a single user only. You may not share your user name and password with any other person nor with multiple users on a network.

You undertake that all information provided by you for the purposes of registering with us is accurate and complete.

You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.

Barring from the site

We reserve the right to bar users from this Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.

Use of Material

SHERLOCKHOMES authorises you to view and download a single copy of the Material on the Site solely for your personal, non-commercial use.

The contents of the Site, such as text, graphics, images and software other material ("Material"), are protected by copyright under both Irish and foreign laws. Unauthorised use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Disclaimer of Consequential Damages

RED SHOES PROPERTY PORTAL LIMITED T/A SHERLOCKHOMES accepts no responsibility and makes no representations for goods or services supplied by advertisers.

Sherlockhomes makes no representations or warranties of any kind with respect to this website or the content contained on it, including any text, graphics, advertisements, links or other items. Further more, neither Sherlockhomes nor any other contributor to this website make any representation or gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error free. Nothing on this website shall be regarded or taken as financial advice.

SherlockHomes takes no responsibility for the information presented in property brochures and as such, these particulars should not be relied on as a statement of fact. These particulars and prices are issued strictly on the understanding that they do not form part of any contract and must be checked with the seller for verification. Measurements are approximate and maps are not drawn to scale and in some cases the orientation has been rotated to fit page.

Subject to limitation of liability in no event shall Sherlockhomes, its supplier, or any third parties mentioned at the site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the material, whether based on statute, contract, tort, or any other legal cause, and whether or not Sherlockhomes is advised of the possibility of such damages.

User Submissions

Generally, any communication which you post to the Site is considered to be non-confidential.

By posting communications to the Web Site, you automatically grant SHERLOCKHOMES a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-licence such rights through multiple tiers of sub-licences.

As a User, you are responsible for your own communications and are responsible for the consequences of their posting.

You must not do the following things: Post material in circumstances that breach the criminal law; post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; or impersonate another person or entity.

You agree not to use the Site or cause or permit any Materials to be used:- so as to jeopardise or prejudice the operation, quality or integrity of the Site or Materials, the operation, quality or integrity of any telecommunications network, or any other use which might be deemed by SHERLOCKHOMES to be harmful to SHERLOCKHOMES'S business, reputation or the commercial exploitation of the Site; for any commercial purpose including any surveys, contests or pyramid schemes, nor to use a Service to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material; to harvest or otherwise collect by any means any Material or information (including without limitation email addresses or details of properties) from the Site otherwise than as authorised in this Agreement or to monitor, mirror or copy any Material without the prior written consent of Sherlockhomes; to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; contrary to the terms and conditions of any Internet Service Provider whose services you may use.

SHERLOCKHOMES does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

SHERLOCKHOMES does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, SHERLOCKHOMES may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. Each User hereby agrees that any such action taken by SHERLOCKHOMES will not be challenged by User. SHERLOCKHOMES has no liability or responsibility to Users for performance or non-performance of such activities. SHERLOCKHOMES reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive or which SHERLOCKHOMES otherwise deems to be in breach of these Terms and Conditions of Use.

Customer feedback

We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please email us at feedback@sherlockhomes.ie. We aim to acknowledge all customer feedback.

Links to and from Other Websites

The Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by SHERLOCKHOMES of the contents on such third party Web Sites. SHERLOCKHOMES is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk.

SHERLOCKHOMES generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Sites homepage (and no deeper within the Site) and provided SHERLOCKHOMES gives its consent to the establishment of such links. Notwithstanding the foregoing, SHERLOCKHOMES reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.

Limitation of Liability

Unless otherwise expressly provided in a Software Licence or Legal Notice, the aggregate liability of SHERLOCKHOMES to you for all claims arising from the use of the Site or Materials (including Software) is limited to €1 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.

In no event will Sherlockhomes be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use or inability to use the sevice, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Sherlockhomes or its authorized representatives have been advised of the possiblity of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Sherlockhomes liability is limited to the greatest extent permitted by law.

Sherlockhomes makes no representations whatsoever about any other web site that you may access through this one or which may link to this Site. When you access a non-Sherlockhomes web site, please understand that it is independent from Sherlockhomes, and that Sherlockhomes has no control over the content on that web site. In addition, a link to a Sherlockhomes web site does not mean that Sherlockhomes endorses or accepts any responsibility for the content, or the use, of such web site.

Indemnity

You agree to defend, indemnify, and hold harmless SHERLOCKHOMES, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. SHERLOCKHOMES shall provide notice to you promptly of any such claim, suit, or preceding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Export Control

Many countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.

General

The Site is controlled by Red Shoes Property Portal Ltd t/a SherlockHomes.ie from its location within Ireland. SHERLOCKHOMES makes no representation that Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Legal Jurisdiction

Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Ireland. You irrevocably agree that the Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site. Without prejudice to the foregoing, SHERLOCKHOMES may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and SHERLOCKHOMES may bring enforcement proceedings in another state on foot of an Irish judgement.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND SHERLOCKHOMES WITH RESPECT TO THE USE OF THE SITE. Any changes to this Agreement will be posted on the Site and will take immediate effect.

SHERLOCKHOMES may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons, which may include your access to it.

NB © COPYRIGHT RED SHOES PROPERTY PORTAL LTD t/a Sherlockhomes.ie 2006

PRIVACY STATEMENT

We are committed to protecting your privacy. This policy explains how and for what purposes we use the information collected about you via www.sherlockhomes.ie. Please read this privacy policy carefully. By using this Site and any services we offer via this Site, you are agreeing to be bound by this policy in respect of the information collected about you via this Site.

Sherlockhomes respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2003. The purpose of this Website Privacy Statement is to outline how we deal with any personal data you provide to us while visiting this website. If you are not happy with this Website Privacy Statement you should not use this website.

By visiting this website, you are accepting the terms of this Website Privacy Statement. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy statements of these other websites.

In general, we use the information we collect about you to: provide information services to relevant third parties improve the features and services we offer support our own marketing and promotion efforts.

We retain two types of information:

Personal Data

This is data that identifies you or can be used to identify or contact you and includes information such as your name, address, sex, email address, birth date, marital status, occupation and salary range. While information such as name and email address is mandatory (we need it to provide you with the service), the rest is only collected from you if you voluntarily submit it to us. We will process any Personal Data you provide to us for the following purposes: (a) to contact you in relation to property sales ; (b) to provide you with information regarding property sales; (c) to respond to any queries you submit to us; (d) where you have consented to the sharing of your information with third parties, we will do so in accordance with Section 4 below; (e) to seek your views on our site and our services; (f) to provide you with information on ancillary services offered by us or our business partners e.g. mortgage or legal services, gardening advice etc. (g) to send you newsletters or other forms of communication in relation to site services and products; (h) to send you messages or data to your mobile phone where you have provided us with mobile phone details and requested such information.

Non-Personal Data

We gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses (where they have been clipped or anonymised), browser types and other anonymous statistical data involving the use of our website. We use the Non-Personal Data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.

Cookies and tracking

Like many websites, we use "cookies" to enable us to personalise your visits to this website, simplify the signing-in procedure, keep track of your preferences and to track the usage of this website. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser's help screen or manual will tell you how to do this), but please note that this may reduce the functionality of this Site and other websites.

Like all websites, our servers automatically record 'log files' containing information about the volume and characteristics of our website traffic e.g. IP address, numbers of pages viewed, length of time spent on site. We use log files to build pictures of how our site is used that help us to monitor and improve the service. We cannot identify you from your log files

Disclosure of Information to Third Parties

We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil a service you have requested (in such circumstances, the third party is bound by similar data protection requirements). Any third party we disclose the information to will use it for the purposes of delivering the service in question unless you have agreed otherwise.

We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.

Sale of Business

We reserve the right to transfer information (including your Personal Data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Statement and provided that the third party only uses your Personal Data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

Security

Your Personal Data is held on secure servers hosted by our Internet Service Provider. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal Data.

Updating, Verifying and Deleting Personal Data

You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Data Protection Acts 1988 and 2003 we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you or to have your Personal Data updated, amended or removed from our database. Any such data subject requests may be subject to the fee.

Changes to the policy

We may change this policy from time to time as we add new services or features or in response to changes in the law or our commercial arrangements. Any changes to this policy will be posted on this Site.

Any rights not expressly granted herein are reserved.