Terms and conditions of use

Introduction

The following terms and conditions (referred to herein as "Terms of Use ") set out important information regarding the rights, obligations and the restrictions that apply to you when you access and use the eir community website (the “Site"). These Terms of Use apply in addition to eir’s general terms and conditions (the “General Terms”) and eir's Privacy Statement which can be found at www.eir.ie

This Site is owned and operated by eir Limited (“eir”) a company registered as a branch in Ireland (branch number 907674), incorporated  in Jersey (company number 116389) whose Irish branch address is at 1 Heuston South Quarter, St John’s Road, Dublin 8. Any reference to "we", "us", or "our" means eir. Any reference to "you" or "your", means you as a user of the Site.

By accessing and using the Site, you agree to be bound by these Terms of Use, therefore please read them carefully. If you do not agree with any part of our Terms of Use then you should immediately cease to use our Site as by using the Site you acknowledge that you have read, understood, and agree to these Terms of Use.

In the event of any conflict between these Terms of Use and the General Terms, these Terms of Use shall prevail. You may be asked to agree to further terms and conditions when using different features of the Site. If there is any inconsistency between these Terms of Use and any other such terms and conditions, the latter terms and conditions shall prevail. All capitalized terms herein (unless otherwise defined) shall have whatever meaning is ascribed to them in the General Terms.

Please note that we may update and amend these Terms of Use from time to time. Any changes will be posted on the Site and it is your responsibility to check for updates.

You can email us with any questions, queries or complaints at community@eir.ie.

Minors:

You must be aged 13 years or over to use the Site. In the event that any user of the Site is between the age of 13 and 18 (and therefore a minor), a parent's or guardian's consent must be obtained before the minor uses the Site. A parent or guardian of the minor must supervise the use of the Site by that minor at all times. Extra care and caution should be given when revealing personal information in respect of a child.

Community Use:

The Site contains communication facilities designed to enable you to communicate about eir’s products and services. You agree to use the Site only to post, send and receive messages and material that are appropriate and related to the purpose of the Site and that you will not misuse the Site. The following constitutes misuse of the Site:

1. any use which infringes these Terms of Use;
2. use of the Site for anything other than your own personal, non-commercial use;
3. doing anything that may cause damage to the Site or our servers, systems or equipment or those of third parties, accessing or attempting to access any users' data or to penetrate or attempt to penetrate the Site's security measures;
4. using the Site or the services or facilities offered by the Site to harm, or attempt to harm, minors in any way;
5. using the Site or the service or facilities offered by the Site to create, host or transmit material which infringes the copyright, trademark, patent, trade secret or other proprietary rights of any other party;
6. transmitting unsolicited advertising material to other users
7. using the Site or the service or facilities offered by the Site to transmit any material that harasses another;
8. using the Site or the service or facilities offered by the Site to make fraudulent offers to sell or buy products, items or services;
9. adding, removing or modifying identifying network header information in an effort to deceive or mislead;
10. using the Site or the service or facilities offered by the Site to carry on any activity which adversely affects the ability of other people or systems to use the services or the Internet generally;
11. reselling any services provided by eir, its servants or agents without eir's prior written consent.
12. the posting of any comment, username, links or images on the Site or otherwise using the Site in a way which in our opinion is;
    1. irrelevant to the purpose of the Site;
    2. in contravention of any relevant law or which incites or encourages the contravention of any such law;
    3. racist, sexist or homophobic, pornographic, obscene, profane, vulgar or contains swearing ;
    4. defamatory of any person, entity or organisation whether directly or by implication;
    5. in any way abusive, threatening or otherwise likely to be harmful to those persons that use or are likely to use or are likely to use the Site;
    6. an infringement of the rights (including but not limited to the intellectual property rights) of any person, or which impersonates or attempts to impersonate another person, whether or not that person is a user of the Site;
    7. an infringement of the privacy of an individual or company, including (but limited to) posting location and /or contact details of another person, or which encourages, promotes or facilitates or in any way whatsoever relates to the illegal use of software.
13. violating any applicable local, national or international law or regulation or inciting others to contravene or violate any such law or regulation;
14. posting or transmitting content you do not have the right to post or transmit;
15. posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;
16. posting or transmitting content that is unlawful, untrue, stalking, harassing, libellous, defamatory, abusive, tortuous, threatening, obscene, hateful, harmful or otherwise objectionable as determined in our sole discretion;
17. attempting to intercept, collect or store data about third parties without their knowledge or consent;
18. deleting, tampering with or revising any material posted by any other person or entity;
19. sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "spam", "chain mail" or "junk mail";
20. interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Community, the eir network or any eir website, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Community;
21. impersonating or misrepresenting your affiliation with any person or entity;
22. using the Community to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "Ponzi schemes", unregistered sales of securities, and securities fraud.

If we suspect violations of any of the above, we may discontinue your access to the Community and we reserve the right to report to the relevant authorities any submissions/content which it believes to be illegal.

Code of conduct:

The Community is designed to provide help and support to its users. When posting on the Community, please keep the following things in mind as a general guide, it's about common sense really.

This Code of Conduct sets out the guidelines with which you are required to comply when using the Site.

• As a rule of thumb, don't say things to people on this forum that you wouldn't say to their face.
• You might like to search the Site you post a question. Someone may already have asked the same question and been given a solution.
• Please keep threads relevant to the topic. If a discussion diverts from its original subject then start a new thread. eir may move threads from one forum to another so that related topics can be found easily.
• Please respect your fellow forum users. Do not post content which is vulgar, abusive or threatening or which is racist, sexist or homophobic, pornographic, obscene, profane or contains swearing.
• The Site is not to be used for any commercial use, therefore please do not advertise any product or service.
• Do not post the personal details of another person. We would also advise you not to post any of your own personal details.
• Please post content in English.
• Please do not engage in spamming (posting the same message again and again). Spamming clogs up our forum with needless messages.
• Only one user name registration per person is permitted.
• Do not impersonate another member/user or create an account for the purpose of provoking other users. Also, accessing or using someone else's account or attempting to access another user's account is strictly prohibited.
• Do not post any material that is protected by copyright, trademark or other proprietary right without the express permission of the owners of that copyright, trademark or other proprietary right.
• Do not post links to websites which contain or reference illegal software, pornographic content or other objectionable material.
• Trolling (posting inflammatory messages designed to foster arguments) Shilling (anonymously praising a product, service or group in which you have a vested interest) or promoting hatred in any form is not allowed.
• You must be 13 years old to use the Site. If you are between 13 and 18 years old (and therefore a minor), you must get a parent's or guardian's permission before using the Site. A minor's parent or guardian must supervise the use of the Site by that minor at all times.
• If, in the opinion of the eir team, you breach the Terms of Use , your posts may be edited or removed or your account may be restricted, suspended or terminated without notice to you. The decision of eir in this regard is final.
• We reserve the right to make any changes to this terms of use as and when necessary. Any changes will be posted on the Site and it is your responsibility to check for updates.
• If you have any questions or would like to make a complaint please email us at community@eir.ie

Submissions:

eir does not exercise editorial control over the content of any website, electronic mail transmission, text message, news group, bulletin board or other material created or accessible over or through the Site (“Submissions”). However, we reserve the right to review Submissions to determine whether the Submission complies with these Terms of Use.This is otherwise referred to as "Moderation".

To facilitate Moderation all Submissions must be posted in the English language.

If, at any time, you feel threatened or offended by a Submission posted by another user, please let us know by emailing us at community@eir.ie

We reserve the right to remove Submissions temporarily or permanently at any time at our sole discretion and without notice to you. We also reserve the right to restrict, suspend or terminate your access to any part, or all, of the Site at any time at our sole discretion and without notice to you.

The opinions of those who post Submissions to the Site are not the opinions of eir. Any statements, advice and opinions made by any user are those of that user only. eir neither endorses nor shall be held responsible for the reliability or accuracy of same.

Licence of Content:

eir does not claim ownership of your Submissions. However, by posting, uploading, inputting, providing or submitting your Submission you are granting eir, its affiliated companies, a perpetual, royalty free, irrevocable, non-exclusive right and license to use, adapt, translate, create derivate works, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. eir is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in eir's sole discretion.

All intellectual property rights in this Site and all material or content supplied or made available by eir on the Site (“eir Content”) shall remain at all times the property of eir or eir's licensors. We reserve all of our rights in respect of our eir Content on the Site.

The names, images and logos identifying us and our subsidiaries, our partners or third parties and our/their products and services contained in the Site are proprietary marks and may not be reproduced or otherwise used by you without our express permission.

Nothing contained in these Terms of Use shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of eir or of any third party.

This Site contains links to third party websites and services through advertising or otherwise. We have no control over those third party websites or services and we are not responsible for their contents. We do not endorse the material contained in their websites or services, and have no association or affiliation with them.

It is your sole responsibility to view and agree to the terms and conditions of those third party websites and services and you agree that we are not liable in any way for any loss or damage suffered by you as a result of your using any such third party websites or services.

We make available the Site to you on an 'as is' and 'as available' basis, and we do not guarantee the availability of the Site. We make no representations or guarantees that the Site will be free from errors or omissions or that it will be available uninterrupted and in a fully operating condition. It is solely your responsibility to maintain adequate anti-virus software on your personal computer at all times whilst accessing the Site.

We reserve the right to temporarily suspend the Site and any part of the Site, without notice to you. We will not be liable to you or to any other person in the event that all or any part of the Site is discontinued, modified or changed in any way.

Liability:

We do not accept any liability for:

• any damage or loss caused to you where you are not entering into these Terms of Use as a consumer;
• any damage to your computer, any software or for any loss of data that results from your use of the Site;
• any failure, any suspension and/or any termination of access to the Site or any content in connection with or arising out of any event or circumstance beyond our reasonable control, or compliance with any applicable laws or regulations; and/or
• any claims brought against you by a third party except as stated in these Terms of Use.

Nothing in these Terms of Use will

• restrict your statutory rights as a consumer
• limit our liability for death or personal injury resulting from our negligence or for fraud

You will indemnify us against any loss, damage or expense incurred by us arising out of your misuse of the Site or the information accessible through the Site. You will not give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any of your Submission to the Site.

Severability:

If any provision of these Terms of Use is held invalid or unenforceable by any law, rule, order or regulation of government, or by the final determination of any court of a competent jurisdiction, such invalidity or unenforceability shall not affect the other provisions of these Terms & Conditions, which shall remain in full force and effect.

Jurisdiction:

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of Ireland. Any dispute arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the Irish courts.

Privacy Policy

All information supplied by you when registering and /or contributing to the Community is governed by our Privacy Statement which is available at http://www.eir.ie/privacystatement/

This contains important information about the use of your personal data and other information regarding your privacy, and is incorporated in full into these Terms of Use.

We advise you never to reveal any personal information about yourself or anyone else (for example telephone number, home address or email address) on the Site. You are entirely responsible for maintaining the confidentiality of your personal information when using the Site.

Privacy Policy for eir Community

The website from which you linked (the "Site") is operated by eir Limited ("eir "). eir respects your right to privacy and our Privacy Policy is designed to inform you of the methods and purposes for which we gather and use your data.

eir is a registered data controller with the Data Protection Commissioner and uses your personal data in accordance with its obligations under the Data Protection Act, 1988 and 2003. By visiting the Site, you are accepting the practices described in this Privacy Policy.

Each time you visit the Site, two general levels of information about your visit may be retained by eir: (1) non-personal information and (2) personal information

Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all browsers who visit the Site. We use this information gathered from visitors to our websites in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organize our website.

The Site uses "cookie" technology. A cookie is a little piece of text stored by your browser on your computer, at the request of our server. We may use cookies to deliver content specific to your interests and to save your personal preferences so you don't have to re-enter them each time you connect to the Internet. You are always free to decline our cookies, if your browser permits, or to ask your browser to indicate when a cookie is being sent. You can also delete cookie files from your computer at your discretion. Note that if you decline our cookies or ask for notification each time a cookie is being sent, this may affect your ease of use of the Site.

Personal information is information which is personal or particular to a specific visitor who chooses to provide that information. This category would typically include information provided by you for subscriptions or competitions including your name, postal and email address and contact phone number.

We keep your personal and non-personal data for the following purposes:

1. To communicate with you and provide you with marketing and product information;
2. To personalise your visit to the Site;
3. To track your movement through the Site (for marketing and advertising purposes);
4. To notify you of competitions, quizzes, events or other promotions;
5. To provide information to our advertisers and business partners; and
6. For the performance of any request by or contract with you.

We will process your personal information to administer your registration or subscription, determine your eligibility for certain services, provide services to you, and enable you to take advantage of other member benefits. Your information may also be used to verify your identity, to protect against fraud, and to send you updates about your account.

If you do not wish to receive communications from us or our business partners, please email us at  community@eir.ie

If you utilize a message board operated by eir, your use of those services is governed by the terms and conditions attaching to those services. If you choose to publish your e-mail address or publish other personal data, you do so at your own risk.

For the purposes of providing eir community services to you in accordance with the purposes outlined above it may be necessary for your Personal Data to be passed to our partners, associates, agents or subcontractors. Some of these parties may reside outside of the EU. If we do this, we will seek to ensure in so far as is possible that your information is processed to the same Irish standards adopted by us.

You should note that, while eir makes all commercial efforts to protect our your privacy, you should be aware that information disclosed while connected to the Internet is transferred over a publicly available telecommunications network. eir cannot be held responsible, and accept no liability, for unauthorised access to the public network beyond its reasonable control and all information provided by you is done entirely at the your own risk.

If you wish to obtain a copy of the personal information, which is held by eir about you, please email us at community@eir.ie. It is up to you to inform us of any changes in your personal information so that we can keep it accurate and up to date.