Legal Disclaimer
&
Privacy Policy
Email disclaimer:
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This message (including any attachments) is confidential and may be privileged. If you have received it by mistake please notify the sender by return e-mail and delete this message from
your system. Any unauthorized use or dissemination of this message in whole or in part is strictly prohibited. Please note that e-mails are susceptible to change. JS Horsetrucks Limited
shall not be liable for the improper or incomplete transmission of the information contained in this communication nor for any delay in its receipt or damage to
your system. JS Horsetrucks does not guarantee that the integrity of this communication has been maintained nor that this communication is free of viruses,interceptions or interference.
All Emails will be monitored for quality and training purposes.
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General Disclaimer
Welcome to the JS Horsetrucks website. Whether you are an advertiser or another user of the Website, access to or use of this website jshorsetrucks.ie, www.jshorsetrucks.com, or jshorsetrucks.co.uk (which includes our blog and all
pages consisting of or containing that address, and any page that is enabled for use by a mobile device) (the “Website” or “jshorsetrucks.ie”) and the provision of our advertising services on this Website are subject to you
accepting our Agreement. That Agreement consists of these Copyright Notice, Legal Disclaimer and General Terms, the Advertising Terms and Conditions, our Privacy Policy our Policies
appearing on the Website (the “Agreement”), all of which you should read carefully before you start to use the Website.
By accessing and using this Website, you confirm that you have read, understand and accept that Agreement and that you agree to abide by its terms and conditions each time you access
and use this Website. If you do not agree to all of this Agreement you should not use this Website.
You agree that we may change this Agreement at any time and any change will become effective immediately once posted by us on the Website. Please check this Agreement from time to time
as your continued use of the Website means you accept the Agreement on the Website at the time of your use.
1 Information About Us
The Website and the JS Horsetrucks Service is a website operated by JS Horsetrucks Limited (“we”, “us”
or ”our”). We are incorporated in Ireland under company number 548332 and our registered office is at Ashgrove Stables, Jordanstown, Oldtown, Co. Dublin. Our VAT number is IExxxxxx.
2 Access to and Use of this Website and the JS Horsetrucks Service
The services which are made available on this Website by us from time to time will, among other
things, allow you to create, publish and manage written advertisements for goods for sale or to contact other users of the website about the products they have advertised for sale, to post comments on the JS Horsetrucks blog; search our database for advertisements regarding a
specific product, service, seller and/or in a specific location; forward advertisements to people you know; invite people you know to view the Website; download or copy the portions of the
information, data, text, sound, photographs, graphics, video, messages and other materials; view
third party material(the “JS Horsetrucks Service”).
Subject to this Agreement, you may use the Website for your own personal and commercial or
non-commercial use to create, publish and manage written advertisements for goods for sale or
contact other users of the Website; post comments on the JS Horsetrucks blog; search our database for advertisements regarding a specific product, service,
seller and/or in a specific location; forward advertisements to people you know; invite people you
know to view the Website; view third party advertisements; download or copy the portions of the
information, data, text, sound, photographs, graphics, video, messages and other materials
available via the JS Horsetrucks Service; “Content”) and other items displayed on the Website.
This Agreement applies to each visitor to, advertiser on and other users of our Website and the
JS Horsetrucks Service.
Once you have completed the process of submitting your advertisement we will send you an
email confirming receipt of your order for jshorsetrucks.ie Services, this email does not constitute an
acceptance of your order. Your order for posting an advertisement on our Website will not be
accepted and an agreement concluded between us and you until the payment for jshorsetrucks.ie
Services has been received by us. By submitting your advertisement to us, you are deemed to
have agreed to this Agreement.
Once your advertisement is posted on the Website your request for our services cannot be
cancelled at that stage. Prior to the advertisement appear on the Website you may cancel the
advertisement by contacting us at info@jshorsetrucks.ie.
3 Using and Accessing the Website, Content and the JS Horsetrucks Service
When creating an advertisement on the Website you agree to provide accurate, current and
complete information and to promptly update the information you provide to us when it changes.
Please refer to our Advertising Terms & Conditions prior to posting any advertisement.
We have the right to disable, suspend or restrict any password, username, mobile number, IP
address or other method that we may allow to be used on the Website from time to time to
identify users (whether chosen by you or allocated by us) (a “User Identifier”), at any time, at our
discretion, including if, in our opinion, you have failed to comply with any of the provisions of this
Agreement.
You may not: (i) enter, select, submit or use a false name or an email address owned or
controlled by another person with the intent to impersonate that person, (ii) use a User Identifier
without appropriate authorisations or rights or (iii) use or submit a mobile number or email to us
in respect of which you are not the registered owner, bill-payer and or account holder. We
reserve the right in our sole discretion to refuse registration of, suspend or cancel a User
Identifier’s use or access rights to the Website without notice. You shall be responsible for
maintaining the confidentiality of your User Identifier(s) and are fully responsible for all activities
that occur under your User Identifier in connection with this Agreement. Any User Identifiers
created by you or submitted for your access to the JS Horsetrucks Service and Website shall be for
your personal use only and are non-transferable.
You agree to (a) immediately notify us of any unauthorised use of your User Identifier as
registered on our Website or submitted to us by you, or any other related breach of security and
(b) if we from time to time allow you to login to restricted areas of the Website using an User
Identifier, ensure that you logout at the end of each session following the instructions on the
Website. We cannot and will not be liable for any loss or damage arising from your failure to
comply with this section.
If you forget or lose your User Identifier details used for the purposes of accessing restricted
areas of the Website, you should request these from us by visiting the “Forgotten” section of the
Website.
As a condition of your access and use of our Website and/or the JS Horsetrucks Service, you warrant
to us that you have the right, authority and capacity to enter into and be bound by this
Agreement.
We have no obligation to monitor or moderate any user’s activity or use of our Website and/or
the JS Horsetrucks Service, however we retain the right at all times to monitor, retain and disclose any
information as necessary to satisfy any applicable law, regulation, legal process or regulatory
authority request or to determine compliance with this Agreement.
Without any admission of liability, we may from time to time assess any possible risks for users
from third parties when they use the Website and/or the JS Horsetrucks Service, and we will decide in
each case whether it is appropriate to use moderation or pre-approval of advertisements on the
Website (including what kind of moderation to use) in the light of those risks. We expressly
exclude our liability for any loss or damage arising from the use of the Website and/or the
JS Horsetrucks Service by a user in contravention of our Agreement, whether the service is
moderated or not and whether or note an advertisement has been reviewed by us prior to
appearing on the Website.
We do encourage the use by you of the “Report Ad” mechanism which we have placed on the
Website which allows you to report any Content that is in breach of this Agreement or in any
other way objectionable.
The use of the Website and/or the JS Horsetrucks Service by a minor (an individual under 18 years of
age) is subject to the consent of their parent or guardian and our contract is with the parent or
guardian, who is responsible for the minor’s compliance. We advise parents or guardians who
permit minors to use the Website and/or the JS Horsetrucks Service that it is important that they
communicate with minors about their safety online, as moderation or vetting of advertisements is
not guaranteed or foolproof. Minors who are using any interactive service should be made aware
of the potential risks to them.
You are responsible for making all arrangements necessary for you to have access to our
Website and/or the JS Horsetrucks Service. You are also responsible for ensuring that all persons
who access our Website and/or the JS Horsetrucks Service through your internet connection,
including any minors, are aware of these terms, and that they comply with them.
Access to our Website and/or the JS Horsetrucks Service is permitted on a temporary basis, and we
reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or
feature of the Website and/or the JS Horsetrucks Service without notice or liability.
4 Restrictions On Right to Use
You agree that you shall not (and you agree not to allow any third party to):
1. a. modify, adapt, translate, or reverse engineer any portion of the Website and/or the
jshorsetrucks.ie Service;
2. b. remove any copyright, trade mark or other proprietary rights notices contained in or on
the Website and/or the jshorsetrucks.ie Service or in or on any Content or other material
obtained via the Website and/or the jshorsetrucks.ie Service;
3. c. use any robot, spider, website search/retrieval application, or other automated device,
process or means to access, retrieve or index any portion of the Website and/or the
jshorsetrucks.ie Service;
4. d. access, retrieve or index any portion of the Website and/or the jshorsetrucks.ie Service for
purposes of constructing or populating any database;
5. e. collect any information about other users or users of the Website and/or the
jshorsetrucks.ie Service (including User Identifiers) for any purpose other than to use the
Website for the purposes of responding to advertisements or to use the Website in the
manner intended by us;
6. f. reformat or frame any portion of the web pages that are part of the Website and/or the
jshorsetrucks.ie Service;
7. g. create user accounts by automated means or under false or fraudulent pretences or
create multiple log ins;
8. h. create or transmit unwanted electronic communications such as “spam” to other users
of the Website and/or the jshorsetrucks.ie Service or otherwise interfere with other user’s
enjoyment of the Website and/or the jshorsetrucks.ie Service;
9. i. transmit any viruses, worms, defects, Trojan horses or other items of a destructive
nature;
10. j. use the Website or the jshorsetrucks.ie Service to violate the security of any computer
network, crack passwords or security encryption codes, transfer or store illegal material
including that are deemed threatening or obscene;
11. k. copy or store any Content offered on the Website for other than your own use;
12. l. use any device, software or routine that interferes with the proper working of the
Website and/or the jshorsetrucks.ie Service, or otherwise attempt to interfere with the proper
working of the Website and/or the jshorsetrucks.ie Service;
13. m. take any action that imposes, or may impose in our sole discretion, an unreasonable or
disproportionately large load on our IT infrastructure;
14. n. use the Website and/or the jshorsetrucks.ie Service, intentionally or unintentionally, to
violate any applicable law;
15. o. collect or store personal data about other users in connection with the prohibited
activities described in this paragraph;
16. p. engage in or promote any of the following (or what we deem similar): surveys,
contests, pyramid schemes, chain letters, get rich quick promotions, profit sharing
promotions, unsolicited e-mailing or spamming via the Website;
17. q. impersonate any person or entity; or
18. r. upload, post, e-mail, transmit or otherwise make available using the Website any
material that you do not have a right to make available under any law or contractual
obligation which includes a breach of third party intellectual property rights.
As per our Advertising terms and conditions: – JS Horsetrucks Limited (“we”, “us” or ”our”) reserves
the absolute right at our sole discretion, without being obliged to give any reason, to reject,
amend or remove any Content posted or submitted by you any time without notice to you. We
reserve the right to monitor and to review all Content submitted to us, accessed on or published
on jshorsetrucks.ie at any time.
5 Content Standards
These provisions apply to any and all Content which you contribute to our Website and/or the
JS Horsetrucks Service, and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards
apply to each part of any Content as well as to its whole.
You are solely responsible for any Content that you submit, publish or display on the Website or
transmit to other Website users.
You are solely responsible for your advertisements listed on our Website. You understand that all
information publicly posted or privately transmitted through the Website is the sole responsibility
of the person from which such content originated and that we will not be liable for any errors or
omissions in any content or as a result of any user’s use of the Website. You understand that we
cannot guarantee the identity of any other users with whom you may interact in the course of
using the JS Horsetrucks Service. Additionally, we cannot guarantee the authenticity of any data
which users may provide about themselves or relationships they may describe.
By posting Content on the Website, you grant to us, and you represent and warrant that you
have the right to grant, us, our contractors, and the users of the Website an irrevocable,
perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly
perform, digitally perform, publicly display, and distribute such Content and to prepare derivative
works of, or incorporate into other works, such Content. This licence is non-exclusive, except you
agree that we shall have the exclusive right to exercise this license to the extent of combining
your Content with the Content of other users for purposes of constructing or populating a
searchable database of advertisements. You understand that this licence allows us to reformat,
excerpt, or translate any materials submitted by you.
The following is a partial list of the criteria that Content must comply with. Content must:
1. a. be accurate (where it states facts).
2. b. be genuinely held (where it states opinions).
3. c. comply with applicable law in Ireland, Northern Ireland and in any country from which
they are posted.
4. The following is a partial list of the type of Content that is prohibited on the Website.
Content must not:
5. a. comment on, defame, abuse, harass, stalk, threaten or otherwise offend others;
6. b. be unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial
hatred, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be
in breach of privacy or be inappropriate;
7. c. breach any applicable laws or regulations;
8. d. deceive or mislead any person and/or entity:
9. e. falsely state, impersonate, or otherwise misrepresent your identity, including but not
limited to the use of a pseudonym, or misrepresenting your current or previous positions
and qualifications, or your affiliations with a person or entity, past or present:
10. f. upload, post, email, transmit or otherwise make available any content or initiate
communications which include information that you do not have the right to disclose or
make available under any law or under contractual or fiduciary relationships (such as
insider information, or proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements):
11. g. upload, post, email, transmit or otherwise make available any content or initiate
communication that infringes upon patents, trademarks, trade secrets, copyrights or other
proprietary rights:
12. h. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form of solicitation;
13. i. upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment; and/or
14. j. interfere with or disrupt the Website or servers or networks connected to the Website,
or disobey any requirements, procedures, policies or regulations of networks connected to
the Website.
We do not control the Content posted by users via the JS Horsetrucks Service, including the content
of any advertisements or blog postings, and we do not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Website and/or the JS Horsetrucks Service,
you may be exposed to Content that is offensive, indecent or objectionable. You are responsible
for complying with all laws applicable to the Content you submit to the Website via the JS Horsetrucks
Service. We may refuse any JS Horsetrucks Service without prior notice to any user for any or no
reason.
For further information, please see our Advertising Terms and Conditions.
6 Suspension and Termination
You agree that we may, with or without cause, immediately delete your advertisement [and
terminate your access to the JS Horsetrucks Service or User Identifier] without prior notice at our sole
discretion. The deletion or otherwise of an advertisement should not be viewed as an indication
of wrongdoing on the part of the advertiser.
Without limiting the foregoing, the following may lead to a deletion by us of a user’s
advertisement and/or termination of access to the JS Horsetrucks Service (a) a breach of this
Agreement, (b) a request by law enforcement, Gardai / PSNI, police or other government
agencies about you or any Content that you have submitted to us, (c) a request by you (self-
initiated deletions), (d) unexpected technical issues or problems and (e) extended periods of
inactivity. Deletion of a user advertisement and termination of access to the JS Horsetrucks Service
may result in the removal of all Content that we may decide to delete. It may also result in
preventing your further use of the Website or a User Identifier, depending on the circumstances.
Furthermore, you agree that all termination of this Agreement or your use of the Website by us
shall be made in our sole discretion and that we shall not be liable to you nor any third party for
any termination of your account or access to the Website or removal of Content.
You understand and agree that we may review and delete any advertisements, blog postings or
other Content that in our sole judgement breach this Agreement or which might be offensive,
illegal or that might violate the rights of, harm, or threaten the safety of other users of our
Website or us.
We reserve the right to investigate and we will determine, in our discretion, whether there has
been a breach of this Agreement through your use of our Website and/or the JS Horsetrucks Service.
When a breach of this agreement has occurred, we may take such action as we deem
appropriate.
Failure by you to comply with this Agreement may result in our taking all or any of the following
actions:
1. immediate, temporary or permanent withdrawal of your right to use our Website and/or the
JS Horsetrucks Service;
2. immediate, temporary or permanent removal of any posting, material or Content uploaded
by you to our Website;
3. issue of a public (via the Website) or private warning to you;
4. limit the amount of postings you may make;
5. suspension, restriction or limitation of any rights or permissions associated with a User
Identifier;
6. legal proceedings against you for reimbursement of all costs on an indemnity basis
(including, but not limited to, reasonable administrative and legal costs) resulting from the
breach;
7. other legal action against you; and/or
8. disclosure of such information to law enforcement authorities as we reasonably feel is
necessary.
We exclude liability for actions taken in response to breaches of the content standards and
restrictions of use. The responses described in this Agreement are not limited, and we may take
any other action we reasonably deem appropriate.
7 Your Concerns and Complaints
If you have any concerns about material which appears on our Website or if you believe that
Content posted on the Website breaches this Agreement or is in any other way objectionable,
please notify us through the “Report Ad” mechanism on the Website or send a letter to
JS Horsetrucks Limited, Ashgrove Stables, Jordanstown, Oldtown, Co. Dublin, Ireland specifying the full details of your
concern or complaint, specifying the reasons for your concern or complaint making clear
reference to any connected such Content.
If you do not provide us with sufficient information, we maybe unable to process your complaint.
We reserve the right to investigate and we will determine, in our discretion, what action (if any) to
take. You are solely responsible for your interactions with other users of the Website. While we
reserve the right to monitor or to intervene in disputes between you and other users, we have no
obligation to do so.
We will make all reasonable endeavours to respond to complaints received as soon as possible,
and our aim is to respond to all complaints within 7 working days. However, please note that
from time to time it may take longer than 7 working days to deal with complaints.
8 Disputes with Third Parties
You must tell us immediately if anyone makes or threatens to make any claim or issue legal
proceedings against you relating to your use of the Website and/or the jshorsetrucks.ie Service. You
will, at our request, immediately stop the act complained of. If we ask you to, you must confirm
the details of the claim in writing. If you fail to stop the act or acts complained of we reserve the
tight to take any and all appropriate action against you under the terms of the Agreement.
9 Payment for Advertisements
Publication of an advertisement is subject to payment of a fee to jshorsetrucks.ie (the “Fee”). The
Fee is set out on our Website and displayed to you in the course of you offering to place an ad
with us. The Fee for all jshorsetrucks.ie Services is quoted and is payable in Euro. All prices are
stated inclusive of valued added tax (VAT) at the relevant rate.
This Fee may be paid using Paypal, and you will be taken to their website. Please refer to
(https://cms.paypal.com/ie/cgi-bin/?&cmd=_render-content&content_ID=ua/UserAgreement_full&locale.x=en_US) and Privacy Policy
(https://cms.paypal.com/ie/cgi-bin/?&cmd=_render-content&content_ID=ua/Privacy_full&locale.x=en_US). We are not responsible for Paypal’s
services and you should separately review and confirm that you are agreeable to Paypal’s terms
prior to instructing them to pay us.
10 About Published Ads and Duration of the Ads
Ads will be displayed for a period specified by you on our Website once initially posted. If you wish
to extend this period you will be required to resubmit your request for our jshorsetrucks.ie Service
and to make a further payment for those services.
Content which comprises advertising material will appear on the Website. Individual advertisers
are solely responsible for the content of the material which they submit to us including ensuring
that it complies with relevant legislation. We accept no responsibility for the content of any
business and/or advertising material, including, without limitation, any error, omission or
inaccuracy.
Please note that the content of the published ads is provided by external users, and do not
represent any views or opinions of jshorsetrucks.ie, nor should they purport to do so.
Accordingly, we require that every care is taken by you or on your behalf in drafting the content
of your advertisements in order to ensure that they are not in any way defamatory, illegal or in
any other way harmful to a third party as you are solely responsible as author and publisher of
your advertisement.
Advertisements published on jshorsetrucks.ie are also subject to our Advertising Terms &
Conditions.
11 Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Website and the
jshorsetrucks.ie Service, and in the Content published on it. Those works are protected by copyright
laws, trade mark laws, database laws and treaties around the world. All such rights are reserved.
The Website and the jshorsetrucks.ie Service (including, but not limited to, text, photographs,
graphics, video and audio Content) are protected by copyright as works, databases, collective
works and/or compilations under the copyright laws of Ireland, Northern Ireland and other
countries. All individual ads, articles, Content and other elements comprising the Website and the
jshorsetrucks.ie Service are also copyrighted works. Except for the Content submitted by users, the
Website, User Identifiers and the jshorsetrucks.ie Service and all aspects of them, including all
copyrights, trade marks, and other intellectual property or proprietary rights, are owned by us or
our licensors. You acknowledge that the Website, User Identifiers and the jshorsetrucks.ie Service
and any underlying technology or software used in connection with the Website and the
jshorsetrucks.ie Service contains our proprietary information. You may not modify, reproduce,
distribute, create derivative works of, publicly display or in any way exploit, any of the content,
software, and/or materials available on the Website, or the jshorsetrucks.ie Service in whole or in
part except as expressly provided. Except as expressly and unambiguously provided in this
Agreement, we and our advertisers, licensors or suppliers do not grant you any express or
implied rights, and all rights in the jshorsetrucks.ie Service not expressly granted by us to you are
retained by us or our licensors.
If it is determined that you retain moral rights in the Content, you confirm and agree that (a) you
do not require that any personally identifying information be used in connection with the Content,
or any derivative works of or upgrades or updates to the Content; (b) you have no objection to
the publication, use, modification, deletion and exploitation of the Content by us or our licensees,
successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to
any and all moral rights of an author in any of the Content; and (d) you forever release us, and
our licensees, successors and assigns, from any claims that you could otherwise assert against
us by virtue of any such moral rights.
All product or service names mentioned on our Website are the trade marks of their respective owners, and
other trade marks may be displayed on our Website from time to time. Some material on our
Website may contain other information containing intellectual property of a third party. Nothing
displayed on our Website should be construed as granting you any licence or right of use of any
logo, information or trade mark displayed on it, without the express written permission of the
relevant owner, except as expressly provided in this Agreement.
You may reproduce material from our Website for your own personal, non-commercial reference
and you may draw the attention of others to material posted on our Website. Reproduction of
material from our Website for other purposes is permitted, provided that the source of the
material is acknowledged. In particular, you must not cache any of the contents for access by
third parties, nor mirror, scrape or frame any of the content of the Website, nor incorporate it into
another website without our express written permission. You may also permit your computer to
make an electronically stored, transient copy of the content on our Website for the purposes of
viewing it while connected to the internet only.
You must not modify the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs, or any graphics
separately from any accompanying text.
Our status (and that of any partners, advertisers or third parties identified on our Website) as the
authors of material on our Website must always be acknowledged by you.
You must not use any part of the Content on our Website for commercial purposes without
obtaining a licence to do so from us.
If you print off, copy or download any part of our Website in breach of this Agreement, your right
to use our Website will cease immediately and you must, at our option, return or destroy any
copies of the materials that you have made.
12 Disclaimer of Liability
jshorsetrucks.ie provides this Website and/or the JS Horsetrucks Service on an “as is” basis only. You
should not rely on any Content and/or other material on our Website and/or the JS Horsetrucks
Service to make (or refrain from making) any decision or to take (or refrain from taking) any
action on which reliance should be placed. We disclaim all liability and responsibility arising from
any reliance placed on such Content and/or materials by any user of our Website and/or the
JS Horsetrucks Service, or by anyone who may be informed of any of the Content. We accept no
responsibility for keeping the information in the Website and/or the JS Horsetrucks Service up to date
or complete or liability for any failure to do so.
The Content and other material displayed on our Website is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
1. all conditions, warranties and other terms which might otherwise be implied by statute,
common law or the law of equity; and
2. any liability for any direct, indirect or consequential loss or damage incurred by any user in
connection with our Website and/or JS Horsetrucks Service or in connection with the use,
inability to use, or results of the use of our Website and/or JS Horsetrucks Service, any websites
linked to it and any materials posted on it, including, without limitation any liability for loss of
income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings,
loss of data, loss of goodwill, wasted management or office time and for any other loss or
damage of any kind, however arising and whether caused by tort (including negligence),
breach of contract or otherwise, even if foreseeable.
Nothing in this Agreement shall exclude or limit our liability in relation to any damages arising
from death or personal injury caused by the negligence of jshorsetrucks.ie or for fraudulent
misrepresentation or misrepresentation as to a fundamental matter, or any other liability which
cannot be excluded or limited under applicable law.
We shall not be liable for any failure to perform any of our obligations under this Agreement
caused by matters beyond our reasonable control. Under no circumstances will we be liable in
any way for any Content, including, but not limited to, any errors or omissions in any Content, or
any loss or damage of any kind incurred as a result of the use of, access to, or denial of access
to any Content on the Website.
Although we make all reasonable endeavours to ensure that the Website is free from viruses and
defects, we will not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses, malicious or impairing computer programs or other technologically harmful
material that may infect your computer equipment, computer programs, data or other proprietary
material due to your use of our Website and/or JS Horsetrucks Service or to your downloading of any
material posted on it, or on any website linked to it.
We do not guarantee the security of the online services or any systems connected with the use
of the Website (including the internet and your hardware and software) used in accessing the
services, or any information passed through such systems. We do not guarantee access to the
Website or any systems used in accessing our services will be continuous or virus or error free.
Any material downloaded or otherwise obtained through the use of the Website is done at your
own discretion and risk and that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of any such material. No advice or
information, whether oral or written, obtained by you from us or through or from the Website shall
create any warranty not expressly stated in this Agreement.
13 Indemnity
You agree to indemnify and hold JS Horsetrucks Limited / jshorsetrucks.ie, our parent, subsidiaries,
officers, directors, shareholders, employees, agents, licensors and suppliers harmless from and
against any claims, actions or demands, liabilities and settlements, including without limitation,
reasonable legal and accounting fees resulting from, or alleged to result from, your access to or
use of this Website, the Content or the JS Horsetrucks Service in a manner that breaches or is alleged
to breach this Agreement, or the infringement by you, or any third party using your user
identification name or password, of any intellectual property or other right of any person or entity.
14 Disclaimer of Endorsement
Content on the Website referring to any products, process or service by trade name, trade mark,
manufacturer or otherwise, does not constitute or imply its endorsement, recommendation or
validation by us. We have not independently verified the accuracy of any description of any
goods or services advertised on the Website. The views, opinions and other Content posted by
users on this Website are not ours, shall not be attributed to us by you and shall not be used by
you for any advertising or product endorsement purposes unless we expressly authorise it.
15 Uploading Content to Our Website
Whenever you make use of a feature that allows you to upload Content to our Website, or to
make contact with other users of our Website, you must comply with this Agreement, including
our Privacy Policy. You warrant that any such Content does comply with this Agreement, and you
indemnify us for any breach of that warranty.
Any Content you upload to our Website will be considered non-confidential and non-proprietary,
and we have the right to use, copy, distribute and disclose to third parties any such material for
any purpose. We also have the right, at our discretion, to disclose your identity to any third party
who is claiming that any Content posted or uploaded by you to our Website constitutes a
violation of their intellectual property rights, or of their right to privacy.
16 Linking to Our Website
You may link to our Website, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a link in such a way as
to suggest any form of association, approval, sponsorship or endorsement on our part without
our express written permission or in order to directly compete with the Website and redirect traffic
from it. You must not establish a link from any website that is not owned by you.
We reserve the right to withdraw linking permission without notice. Our Website (in whole or in
part) must not be framed on any other website or in any other way altered or displayed in a
different manner to the manner which we display it.
If you wish to make any use of material on our Website other than in the manner that is in this
Agreement, including as set out above please contact us.
17 Links from Our Website
Where our Website contains links to other websites and resources provided by Banner Advertisers,
advertisers using our Website or other third parties, these links are provided for your
information only. We have no control over the contents of those websites or resources, and we
accept no responsibility for them or for any loss or damage that may arise from your use of
them. If you link to any such websites you leave our Website and do so entirely at your own risk.
18 Contact From Us
In the course of providing you services and in respect of your use of the Website, we may need
to communicate with you via email or the other details that you have submitted to us. You agree
to receive emails which are specific to your order and necessary for the normal functioning of the
Website, including emails which help inform users about functionality of the Website.
19 Our Website Privacy Policy
We at jshorsetrucks.ie respect your right to privacy and comply with our obligations under the Data
Protection Acts 1988 and 2003, as amended. The purpose of our Website Privacy Policy is to
outline how we deal with any personal data you provide to us while visiting this Website, and it
forms part of our Agreement with. Naturally, if you are not happy with our Website Privacy Policy
you should not use this Website.
Any external links to other websites are clearly identifiable as such, and we are not responsible
for the content or the privacy policies of these other websites.
20 Governing Law and Jurisdiction
This Agreement shall be governed by, and construed in accordance with Irish law and any
dispute which may arise out of or in connection with this Agreement or the legal relationship
established by them, shall be subject to the exclusive jurisdiction of the Irish Courts, although we
retain the right to bring proceeding against you for breach of this Agreement in your country of
residence or any other relevant country. The rights and remedies contained in this Agreement
are cumulative and not exclusive of rights or remedies provided by law.
21 Waiver
A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by
law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No
single or partial exercise of a right or remedy provided by this Agreement or by law prevents
further exercise of that right or remedy or the exercise of another right or remedy.
22 Severability
In the event that any clause or any part of any clause in this Agreement is declared invalid or
unenforceable, by the judgement or decree by consent or otherwise of a court of competent
jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in
this Agreement shall remain in full force and effect and shall not be affected by such finding for
the term of this Agreement.
23 Assignment and Entire Agreement
We may assign or subcontract any or all of our rights and obligations of our Agreement with you
to a third party at any time, at our discretion. You may not, without our prior written consent,
assign or dispose of any of your rights or obligations arising under this Agreement.
This Agreement contains the entire agreement and understanding between the parties relating to
our Website, and supersedes any and all prior agreements, arrangements, statements and
understandings, except for any fraud or fraudulent representation by either you or us. In the
event of any inconsistency between the Privacy Policy and this Copyright Notice and Legal
Disclaimer then this Copyright Notice and Legal Disclaimer takes priority.
24 Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and
other information about the Website and/or the JS Horsetrucks Service provided by you to us are non-
confidential and may be used by us at our discretion.
Thank you for visiting our Website.
3. Purposes for which we hold your Information
Personal Data
Users of the JS Horsetrucks Service use the website to create advertisements for goods for sale and
wanted goods and to write comments on the JS Horsetrucks Blog (http://blog.jshorsetrucks.ie/). These
advertisements and comments can then be accessed and read by other users of the website. If
you choose to place an advertisement using the JS Horsetrucks Service, we will display a limited
amount of personal information, such as your name and telephone number, so that interested
parties may contact you. Additionally, we may use your email address to contact you on behalf of
interested parties wishing to respond to your advertisements by email. We do not maintain a record of
any conversations you have with other users of the JS Horsetrucks Website in connection with any advertisements.
We do not monitor and retain such information therefore it is your responsibility to retain such correspondence.
We may use your advertisements, and the advertisements that you view to personalise the website and identify popular sections.
We may also display recently posted advertisements and recently sold goods to users of the JS Horsetrucks Website.
We will process any personal data that you provide to us for the following purposes:
1. to provide you with the services you have ordered;
2. to carry out our obligations arising from any contracts entered into between you and us;
3. to deliver and maintain a high quality service and to improve and develop the services
provided and the Website generally;
4. to allow you to access JS Horsetrucks and to participate in interactive features of our service,
when you choose to do so;
5. to provide you with information, products or services that you request from us or that we
feel may interest you, where you have consented to be contacted for such purposes;
6. to contact you if required in connection with your order or to respond to any
communications you might send to us;
7. to inform you about changes to our service, our agreement with you or website that we
believe will be of interest to you;
8. as JS Horsetrucks Website is being actively developed we might contact you to get feedback on
the service provided;
9. for the purposes of compiling statistics;
10. to determine whether you are in compliance with our agreement with you and to impose
sanctions where necessary;
11. as proof of identity before we disclose personal information to you that we hold about you
(in order to establish that we are disclosing the personal information to you and not to
someone pretending to be you);
12. to process payments from or to you;
13. compare information for accuracy, and verify it with third parties;
14. for safety purposes (including maintaining a register of restricted users), to provide you with
customer support and to resolve technical or other problems (where you have contacted us
through our Customer Support (info@jshorsetrucks.ie); and
15. to determine whether you or other users are in compliance with our agreement relating to
the JS Horsetrucks Website, including the policies appearing on the JS Horsetrucks Website.
If you avail of our services offered on the JS Horsetrucks Website we may use your email address to
send you updates or news regarding the JS Horsetrucks Service. If you do not wish to receive emails
of this type, please contact us.
Other Data:
We use the Other Data gathered from visitors to the JS Horsetrucks Website in an aggregate form to
get a better understanding of where our visitors come from and to help us better design and
organise the JS Horsetrucks Website.
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