[DR: 1 270109] A: GENERAL SECTION THIS SECTION APPLIES TO YOUR USE OF THIS WEBSITE AND ALL THE SERVICES PURCHASED BY YOU
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Your use of this site is expressly conditioned on your acceptance of the terms and conditions contained herein. By using this site, you are confirming your consent to and acceptance of these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site. We reserve the right to change these Terms and Conditions of Use from time to time at its sole discretion.
1. Legal Capacity YOURS: You hereby confirm and represent that you are eighteen years or over. You understand that you are financially responsible for all uses of the Site by you.
2. Invitation to Treat All the services sold through us are NOT an offer by us to sell any service, but an invitation to you to make an offer to us and we are free to accept or reject these offers. [You will receive an email confirming the contract if you are purchasing from the website.]
3. Ownership The content of www.topflight.ie (“this Site”), ownership rights and intellectual property rights, including copyright, rest with Tony Collins Travel Agency Limited. You acknowledge that copyright subsists in all software, including HTML code, provided in association with the service, (referred to as " Topflight", "we", "us" or "our"), which expression shall also include associated companies including, where the context requires, our third party suppliers and any other person involved with the provision or maintenance of this Site. 3. Limited Licence We grant you a limited, non-transferable licence to use this site in accordance with these Terms and Conditions of Use. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes. This site and content provided in this site may not be reproduced in any way without our written consent. Unauthorised use of this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights (b) is protected by copyright, trademark or other proprietary right unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in the restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of this site
4. Links You may not establish and/or operate links to this website without our prior written consent. We may withdraw such consent at any time at our sole discretion
5. Non-Commercial Use Only You may only use this web site for your own personal use (which will at all times be reasonable and not abusive) or for purposes legitimately connected with purchasing our products and services.
6. Disclaimer/ Exclusion of Warranty We do not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the site or any content, search or link on it. The site and its content are delivered on an "as-is" and "as-available" basis. We cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. We disclaim all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. We make no guarantee of any specific result from use of this Site.
7. Limitation of Liability We assume no responsibility, and shall not be liable for, any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. In no event shall we or any third party suppliers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings), howsoever arising including but without limitation (i) any use of the site or content found herein, (ii) any failure or delay, or (iii) the performance or non performance by us or any third party supplier including but not limited to, non performance resulting from bankruptcy, reorganisation, insolvency, dissolution, or liquidation If, notwithstanding the foregoing, we or any third party supplier should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, our liability and that of any third party suppliers shall in no event exceed, in the aggregate, the greater of €500.
8. Errors and Omissions We will use best endeavours to correct any errors and omissions as soon as practicable after having been placed on notice of same. For example a price, product, service or other detail displayed or presented on this web-site may result in a price, product, or service or other detail being incorrect. Where this occurs, we reserve the right to cancel any contract with you, without any liability to you.
9. Governing Law This Agreement and its performance shall be governed by the laws of the Republic of Ireland and subject to the jurisdiction of the Irish Courts.
10. Termination We may terminate your use of this Site and these terms and conditions and/or the provision of any of the Services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which we and our third party suppliers may be entitled, at law or in equity.