The following are the terms and conditions for use of the A-CART system (referred to as the "System" herin). Please read them carefully.
BY DOWNLOADING OR USING THE SYSTEM, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SYSTEM ("TOS").
The System is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein.
Copyright
All code and databases forming part of the system remain copyright of Alan Ward.
PERMISSION IS OFFERED TO USE THE SYSTEM ON CONDITION THAT THE "POWERED BY A-CART" IMAGE AND LINK BE RETAINED AT ALL TIMES AND THAT SHOULD THE SYSTEM BE USED FOR COMMERCIAL PURPOSES, INCLUDING BUT NOT LIMITED TO ONLINE SHOPPING THEN THE SYSTEM MUST BE REGISTERED FOR A FEE OF US$30. ALL ADVERTISING MUST BE RETAINED UNTIL THE SYSTEM IS REGISTERED
Disclaimer
Alan Ward disclaims any responsibility for or liability related to the Software.
THE SYSTEM IS PROVIDED BY Alan Ward "AS IS" AND "WITH ALL FAULTS." Alan Ward MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE SYSTEM, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, Alan Ward MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIALS CONCERNING THE SYSTEM THAT IS CONTAINED IN Alan Ward's INTERNET SITES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Alan Ward SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Alan Ward HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SYSTEM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SYSTEM; OR (v) ANY OTHER MATTER RELATING TO THE SYSTEM.
You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the System, and Alan Ward will not be liable for any damages that you may suffer in connection with using or modifying any of the Software.
The System is subject to the export control laws of The Republic of Ireland and/or possibly the United States of America and may be subject to export or import regulations in other countries. You are responsible for strict compliance with such laws and regulations in connection with the System and for obtaining any licenses or permits required.
Indemnification
You agree to indemnify and hold Alan Ward, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising out of your use of or conduct
with the System.
No Resale of System
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes other than for the purpose for which the system was designed (online shopping),
any portion of the System, use of the System, or access to the System.
Modifications to Terms of Service
Alan Ward reserves the right to change the TOS or policies regarding the use of the System
at any time. You are responsible for regularly reviewing the updated TOS. Continued use of the
Service after any such changes shall constitute your consent to such changes.
General
This agreement is governed by the laws of the Republic of Ireland. Use of the System
is unauthorized in any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and Alan Ward
as a result of this agreement or use of the System. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Alan Ward with respect to the
System (excluding the use of any software which may be subject to an end-user license agreement)
and it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Alan Ward with respect to the System.
The section titles in the TOS are solely used for the convenience of the parties and
have no legal or contractual significance.
It is the express will of the parties that this agreement and all related documents have
been drawn up in English. C'est la volonté expresse des parties que la présente convention
ainsi que les documents qui s'y rattachent soient rédigés en anglais.
Any rights not expressly granted herein are reserved.