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Terms and Conditions of Independent.ie Website and App

1. Welcome

Welcome to the Independent.ie digital network. These are the terms and conditions which govern the access and use of the network. When we refer to the “network” or the “INM/Independent site” in these terms and conditions, this means the digital information network and application (Independent.ie, App and epaper) collectively known as “Independent.ie”.


The network is operated by or on behalf of Independent Newspapers (Ireland) Limited which is part of the Independent News and Media Group (INM), collectively referred to as “The Independent”. INM is a Mediahuis NV entity. These terms and conditions apply whatever method of access is used, including access via the web, PDA, mobile phone, Smartphone, RSS feed, digital television or any other means of technology, all of which means of access shall be incorporated in the term “access” in these terms and conditions.


These terms and conditions may be changed from time to time. Any changes are with immediate effect as and from the date of posting unless otherwise specifically stated. The continued access and usage of the site by you after such changes are made shall be deemed to be an acceptance of such changes.

Each time you access the Independent site, you agree to be bound by these terms and conditions.


2. Registration and Subscriptions

Some areas of the Independent.ie require that you register your details with us. By registering, you agree that:

1. You have not provided a false or incorrect name, email address or false personal information nor have you impersonated another person.

2. Your registration and password details are personal to you and may not be used by anyone else to access the site.

3. You will not permit or allow any third party to make use of your registration details to access the site.

4. You will not impersonate another user; interfere with the operation of the site; shall make us immediately aware of any unauthorised use of your personal details by others.

5. All readers who register, will receive the Daily Digest newsletter seven days a week. This newsletter is a selection of our latest stories delivered each morning. Readers can unsubscribe at any time, by clicking the unsubscribe link at the bottom of each newsletter or going to 'My Account'.

6. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Independent.ie.

If you are less than 18 years of age and would like to use any part of our Services (i.e. subscription or registration), please ask your parent or guardian to review the Terms & Conditions and complete on your behalf.


Offer

These Terms and Conditions apply to all INM paid for content products. Prices are stated in euro and include VAT (if applicable). We pay a great deal of attention to the correct description of the products, the price and the other modalities. If an unintentional, or even a serious error, is found in the description of our products, the price and/or the other modalities, you have the choice between waiving the order or accepting the offer at the correct conditions. INM reserves the right to change the prices, the media and the publication frequency of the media at any time. INM cannot be held liable if one of the products or services from its range is amended or discontinued.

Order

To order, you must be of age. If you are still a minor, the order must be made by your parents or your legal representative. The subscription can only be entered into in your own name and for your own account, and it is not transferable. In line with 2.2 above only you can make use of your details to access Independent.ie and that access is limited to five simultaneous logins from your devices. If you fail to meet the conditions for the offer, the subscription will not be activated, or will be discontinued, even if the execution has already started. By placing a subscription order, you declare that you have read these Terms and Conditions and accept them unconditionally.


Payment

Subscriptions are paid by credit or debit card. The subscription will be charged automatically on a monthly basis. Offering these payment options does not imply any liability on the part of INM that the payment system will operate flawlessly, without interruptions or errors. INM cannot be held liable for any damage, direct or indirect, caused by the execution of a payment.


Right of revocation

A new subscriber has the right to revoke the agreement within 14 days and INM will refund all payments made up to that point in time. An existing subscriber will have their automated payment deductions terminated before the next billing period. In order to exercise the right of revocation, you must notify us at Customer Help by means of an unambiguous statement of your decision to revoke the agreement. We will refund you by the same payment method that you used to make the original transaction. This also applies to upgrade/downgrade between products.

Term

All INM subscription offers are of indefinite duration.

4. Delete your Account

If you wish to delete your Independent.ie account please email Data Protection at INM and request that your account is deleted. In accordance with our Privacy Statement, proof of ID will be required for any alteration to your account, to include deletion requests. If you continue to use the site, you are deemed to continue to accept these terms and conditions.

We are entitled to terminate, at our absolute discretion, your use of Independent.ie or your continued subscription in the event that we believe that you have been in breach of these terms and conditions. We reserve the right, at our absolute discretion, to suspend your access to or usage of the site if we believe that there may have been a breach by you or others of these terms and conditions.


5. Access and Usage of the Content
Your access to and usage of Independent.ie are strictly by way of limited licence for personal non-commercial purposes.


All material published on Independent.ie (including, but not limited to news articles, photographs, images, illustrations, advertisements, sponsored content, audio clips and video clips) is known as the ‘Content’. You acknowledge and irrevocably agree that the copyrights, trademarks, logos, software applications, graphics and all other intellectual property rights in the Content is and shall remain vested in INM.


You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, distribute, lend, hire, sub-license, rent, make a derivative work from, make available to the public, adapt, alter, edit, re-position, frame, rebrand, change or otherwise use in any way any Content in whole or in part on your product or service or elsewhere or permit or assist any third party to do the same except to the extent permitted at law. Content on Independent.ie may be downloaded, printed, forwarded, stored or copied for your own personal non-commercial use only.

You acknowledge and irrevocably agree that the names, images and logos identifying INM, its licensors or third parties and their products and services in INM/Independent.ie content are subject to copyright, design rights and trademarks (registered and unregistered) and other intellectual property rights.


If you are authorised to use INM/Independent.ie’s Content as permitted by an agreement with INM, you must provide INM with a credit in one of the following forms in a reasonably prominent location:

• Source – INM/Independent.ie © (year)

• Reproduced under licence from INM/Independent.ie

• You must provide a functional hyperlink back to the location of the relevant Independent.ie content on the website.

5. Data Protection, Privacy and Fair Usage
INM respects your right to privacy. Users should be aware that each time they visit Independent.ie two general levels of information about their visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the site, and the second is information that is personal or particular to a specific visitor who knowingly chooses to provide that information. INM policy is to respect and protect the privacy of all users and will never wilfully disclose individually identifiable information to any third party without first receiving permission.

The statistical and analytical information provides us with general and not individually specific information about the number of people who visit Independent.ie; the number of people who return to Independent.ie; the pages that they visit; where they were before they came to this Independent.ie and the page in Independent.ie at which they exited. This information helps us monitor traffic on our website and app so that we can manage the site's capacity and efficiency. It also helps us to understand which parts of Independent.ie are most popular, and generally to assess user behaviour and characteristics in order to measure interest in and use of the various areas of the products.

This statistical, analytical information and data can be collected through the standard operation of our internet servers and logs as well as "cookies". "Cookies" are small text files that a website can use in order to recognise visitors who revisit a site to facilitate their ongoing access to and use of the site. It enables usage behaviour to be tracked and aggregate data to be compiled that would facilitate more targeted advertising and improved content. Typically, cookies involve the assigning of a unique number to the visitor. Users should be aware that INM is unable to control the use of cookies or the resulting information by other third parties such as advertisers or parties hosting data for INM. One simple way to prevent the use of cookies it to activate the facility that is available in most web browsers that enables the user to deny or accept cookies. However, visitors should realise that certain cookies may be necessary in order to provide the visitor with certain features such as the customised delivery of certain information. See separate policy at Cookie policy


Throughout Independent.ie you may have an opportunity to send us information relating to you such as through the "contact us" pages or any other area where you may send e-mails, request brochures, enter contests or competitions or respond to any promotions. By choosing to participate in these, you will be providing us with some level of personal information relating to you. This information will only be used

· for the purposes for which it was provided by you,

· for verification purposes and statistical analysis,

· to provide you with details, both electronically or by means of posts or delivery of products, services, contests, competitions or promotions being provided or run by the Independent or any of its associated companies or any third party that we may select and which we may think would be of interest to you, unless you have otherwise specifically opted not to receive this information.


We will retain this information for a period of 24 months after the termination of a subscription only for the purposes of re-engaging with you on possible new offers or content that may be of interest.

6. Disclaimer of Liability
To the fullest extent allowed by law, INM does not accept any responsibility for any statement on Independent.ie. INM will not be liable for any loss caused as or resulted from any action or inaction on your part as a result of the viewing, reading, listening, downloading, copying, forwarding, or reproducing any of the content.

Where links are provided on the site to other websites, INM bears no responsibility for such sites. These sites are not under our control and we are not responsible in any way for any of their contents. Where links are provided to websites which offer any goods and services for sale, any contractual relationship entered into by you will be with the merchant selling the goods or providing the services. INM will not be privy to any such contract and accepts no responsibility in relation to the goods or services provided, their delivery or non-delivery, their quality or merchantability.

Although INM will do its best to provide constant uninterrupted access to Independent.ie, such access cannot be guaranteed, and no responsibility or liability is accepted for any delays, interruptions or breakdowns.

7. Governing Law and Jurisdiction
These terms and conditions are governed by Irish law and you agree to submit to the exclusive jurisdiction of the Irish courts.

It is specifically agreed that by accessing, using, downloading, viewing, copying, forwarding or in any way making use of the contents of the site and/or the application, you deem that all such access takes place at the registered offices of Independent Newspapers (Ireland) Limited, Independent House, 27/32 Talbot Street, Dublin 1.

8. Competitions and Promotions
From time to time, INM may run competitions, prize draws and/or promotions. These will be subject to separate and additional terms and conditions which are made available to you at the appropriate time.

9. Indemnity
You agree to indemnify and keep indemnified INM and its officers, directors, employees and data providers from any and all claims, losses, including lost subscription fees, liabilities, costs and expenses, including, but not limited to legal fees and expenses, arising out of a breach by you or any user of your account of these terms and conditions or arising out of breach of your obligations, representations and warranties under these terms and conditions .

10. Miscellaneous
Nothing in these Terms and Conditions is intended or shall be deemed to operate to create a partnership or joint venture of any kind nor to authorise either of us to act as agent for the other. If the whole or any part of these terms and conditions become invalid, void or unenforceable for any reason, the same shall to the extent require it be severed from these terms and conditions without effecting or modifying the remaining terms and conditions and shall not affect the validity or enforceability of same. No waiver by INM of any breach of these Terms and Conditions shall constitute a waiver of any other prior or subsequent breach and INM shall not be affected by any delay, omission or failure to enforce any of its rights.

11. Amendment and Alterations
From time to time, INM may amend or alter these terms and conditions for commercial, practical and legal reasons. Such alterations or amendments would be incorporated onto Independent.ie and will deem to take effect immediately there from. Again, each time you access Independent.ie you agree to be bound by terms and conditions then current.


Last modified: 07/02/2020.