PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS WARRANTY AND LIABILITY LIMITATIONS THAT MAY APPLY TO YOU.
Bád Arann Teo., a company incorporated under the laws of Ireland, markets and promotes the www.arandirect.com and www.aranislandsdirect.com websites and related ferry services between Galway and the Aran Islands (the “Services”). To use the websites, or either of them, Bád Arann Teo. requires that you abide by the terms and conditions of use hereinafter contained.
By viewing this website you are deemed to accept and agree to all terms and conditions below.
Bád Arann Teo. reserves the right at all times to vary, change, alter, amend, add to or remove any of these terms and conditions. It is the user’s responsibility to refer to and comply with the most current version of these terms and conditions by accessing www.arandirect.com or www.aranislandsdirect.com.
1. Ownership. The user expressly acknowledges and agrees that this website contains information, text, files, software, applications, code, hidden text, databases, pictures, photographs, video footage, graphics, music, sounds and other material that are protected by copyright, trade marks, trade secrets, patents, designs or other proprietary rights (the “Intellectual Property Rights”), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later and that all right, title and interest in and to the website and all Intellectual Property Rights therein are and shall always remain the exclusive property of Bád Arann Teo.
2. Trade Marks and Trade Names. For the avoidance of doubt, the Intellectual Property Rights shall include, without limitation, the trade marks ARANDIRECT.COM, ARAN DIRECT, ARANISLANDSDIRECT.COM and THE ISLANDER’S CHOICE and all other trade marks or service marks (whether registered or unregistered), logos, emblems, icons and domain names used by Bád Arann Teo. on or in relation to this website and the Services. Any use or publication of such trade marks by ticket agents appointed by or on behalf of Bád Arann Teo. or other third parties shall be subject in each case to the express prior written consent of Bád Arann Teo. ARAN DIRECT and ARAN ISLANDS DIRECT are trading names of Bád Arann Teo.
3. Copyright Notice. © 2004-2006 Bád Arann Teo. All rights reserved. This website and all material contained in and published on this website is intended for the user’s personal and non-commercial use, subject to these terms and conditions. The user is specifically prohibited from modifying, publishing, transmitting, selling, participating in the transfer or sale or reproducing, creating derivative works from, distributing, performing, displaying or in any way exploiting any of the materials on this website or the software or materials relating thereto in whole or in part.
4. Permitted Use. The user may access, download, print or copy material from this website from time to time for personal and informational use only but the copyright therein shall remain vested at all times in Bád Arann Teo.
5. Third Party Materials. To the extent that this website (or any related website for the Services under the control of Bád Arann Teo.) includes or provides any references to material or information which is outside the control of Bád Arann Teo. (“Third Party Materials”), the ownership of such Third Party Materials shall be vested in the respective owners of the same. Nothing in these terms and conditions shall grant, whether expressly or impliedly, any right or permission to copy, reproduce, distribute, republish, transfer, licence, sell or otherwise use in whole or in part such Third Party Materials as may be incorporated by link or other means of reference into the www.arandirect.com or www.aranislandsdirect.com websites (or any related website for the Services under the control of Bád Arann Teo.); such permission must be sought separately from the owners of the Third Party Materials.
6. Links. Links to the www.arandirect.com or www.aranislandsdirect.com websites (or any related website for the Services under the control of Bád Arann Teo.) are not permitted without the prior written consent of Bád Arann Teo.
7. Disclaimer of Warranties. The user expressly acknowledges that the use of the www.arandirect.com and www.aranislandsdirect.com websites (or any related websites for the Services under the control of Bád Arann Teo.) is at the sole risk of the user. Bád Arann Teo. excludes any warranty, express or implied as to the quality, accuracy, timeliness, completeness or fitness for a particular purpose of the material on the www.arandirect.com and www.aranislandsdirect.com websites (or any related websites for the Services under the control of Bád Arann Teo.) and will not be liable for any claims, penalties, loss, damages or expenses arising from the use or the inability to use material on the www.arandirect.com and www.aranislandsdirect.com websites (or any related websites for the Services under the control of Bád Arann Teo.), or from any unauthorised access or alteration of same. Bád Arann Teo. makes no warranty that the content of the any of its websites is compatible with all computer systems and browsers.
8. Remedies. The user acknowledges that Bád Arann Teo. will be irreparably harmed by any breach of these terms and conditions by the user or by the user’s unauthorised use of the website, the Intellectual Property Rights or any of the materials on this website or the software or materials relating thereto, in whole or in part, and further that monetary damages may not be a sufficient remedy for such harm. The user agrees that Bád Arann Teo. shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of these terms and conditions by the user or by the user’s unauthorised use of the website, the Intellectual Property Rights or any of the materials on this website or the software or materials relating thereto, in whole or in part.
9. Limitation of Liability. Bád Arann Teo. shall not be responsible for any activity or liability to the extent that results from any unauthorised, prohibited or unlawful use of this website, or any part thereof, or howsoever arising from any breach of these terms and conditions (or any documents referred to herein) by the user.
10. No Indirect, Special or Consequential Damages. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL BÁD ARANN TEO. BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF BÁD ARANN TEO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM THE USER’S USE OF OR INABILITY TO USE THE SITE, OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER’S RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE, GOODS OR SERVICES OBTAINED IN OR REFERRED TO AT THE WEBSITE, MISTAKES, OMISSIONS, INTERUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO THE WEBSITE, ITS RECORDS, PROGRAMS AND SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND IN SUCH JURISDICTIONS BÁD ARANN TEO.’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Content of Third Party Materials. Third Party Materials displayed by reference at this website and which are accessible through links from or by using this website are not maintained or controlled by Bád Arann Teo. In no event shall Bád Arann Teo. be responsible for the availability, reliability, timeliness or accuracy of such Third Party Materials, or for the content, advertising, goods or services on or available therefrom. Each of the Third Party Materials may be governed by legal notices and privacy statements which differ from those of this website. The views and opinions expressed in such Third Party Materials, or any part of them, do not necessarily reflect the views and opinions of Bád Arann Teo. Bád Arann Teo makes no warranties or representations whatsoever regarding the accuracy, adequacy, truthfulness, completeness, reliability or usefulness of such information.
12. Indemnification by You. The user agrees to fully defend, indemnify and hold harmless Bád Arann Teo. from any and all claims and expenses howsoever arising including reasonable attorney’s fees, related to any violation of these terms and conditions (or any document referred to herein) by the user’s use of the website or any of the materials on this website or the software or materials relating thereto, the Intellectual Property Rights or the Third Party Materials, except as expressly authorised in these terms and conditions.
13. No Assignment. The agreement contained in these terms and conditions is personal to the user and you may not assign, transfer or delegate your rights or obligations hereunder to anyone.
14. Amendment. Bád Arann Teo. reserves the right to add to or change any or all aspects of the Bád Arann Teo. owned properties (including website content, software, prices, etc.) at any time and without notice to the user.
15. Privacy Information. Please refer to and read our Privacy Statement which describes our collection methods and intended use of your information.
16. Contact Us. Please direct any query, comment or complaint regarding these terms and conditions or this website to us at:
Bád Arann Teoranta
11 Upper Dominick Street
Galway
Ireland
Tel: ++ 353 91 566535
Fax: ++353 91 534315
E-mail: info@arandirect.com
17. Applicable Law and Jurisdiction. These terms and conditions of use shall be construed and interpreted in accordance with Irish Law. The Courts of Ireland shall have exclusive jurisdiction in relation to any claim, dispute or other matter arising therefrom.
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