Table of Contents

 

1. Introduction

The www.bim.ie website (the “Website”) is operated by Bord Iascaigh Mhara (“we”, “us”, “our”). This page (together with the documents referred to on it) tells you the terms of use (the “Terms”) on which all users (“you” “your”) may make use of the Website, whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms, the Privacy Statement and, where applicable, our Terms and Conditions of Sale and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Website.

Back to Table of Contents

 

2. Information about us

If you have any questions about the Terms or the Privacy Statement, please contact us at webmaster@bim.ie. Bord Iascaigh Mhara is a public body with its registered address at P.O. Box 12, Crofton Road, Dun Laoghaire, County Dublin, Ireland.

Back to Table of Contents

 

3. Accessing the website

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any such user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

Back to Table of Contents

 

4. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Bord Iascaigh Mhara, BIM, the BIM logo are trade marks of Bord Iascaigh Mhara.

In respect of all material that you submit to or post on the Website (including submission of material to a BIM trainer for them to post on the Website):

  • you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights; and
  • you confirm that you have obtained the consent of any individual identified in such material to the posting of the material on the Website.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.

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, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.

You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Back to Table of Contents

 

5. Reliance on information posted

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of their contents.

Back to Table of Contents

 

6. The website changes regularly

We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Back to Table of Content

 

7. Our liability

7.1 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
7.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to them and any materials posted on them, including, without limitation any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) 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.

7.2 Nothing in this section 7 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Back to Table of Contents

 

8. Information about you and your visits to the website

We process information about you in accordance with our Privacy Statement. By using the Website, you consent to such processing and you warrant that all information provided by you is accurate.

Back to Table of Contents

 

9. Uploading material to the website

Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with the Content Standards (see section 13 below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to the 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 to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the Content Standards (see section 13 below).

Back to Table of Contents

 

10. Viruses, hacking and other offences

You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on them, or on any website linked to it.

Back to Table of Contents

 :

11. Prohibited uses

You may use the Website only for lawful purposes. You may not use the Website:
11.1 In any way that breaches any applicable local, national or international law or regulation.
11.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
11.3 For the purpose of harming or attempting to harm minors in any way.
11.4 To send, upload, download, use, re-use or knowingly receive any material which does not comply with our Content Standards (see section 13 below).
11.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
11.6 To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
11.7 Not to reproduce, duplicate, copy or re-sell any part of any the Website in contravention of the provisions of these Terms.
11.8 Not to access without authority, interfere with, damage or disrupt:
11.8.1 any part of the Website;
11.8.2 any equipment or network on which the Website are stored;
11.8.3 any software used in the provision of the Website; or
11.8.4 any equipment or network or software owned or used by any third party.

You may report any activities of any other user which violate applicable laws and/or these Terms by contacting us at webmaster@bim.ie.

Back to Table of Content

 

12. Interactive services

We may from time to time provide interactive services on the Website, including, without limitation blogs, chat rooms and bulletin boards together (“Interactive Services”).
Where we do provide any Interactive Service, we reserve the right to oversee, monitor or moderate any Interactive Service, however, we are under no obligation to do so and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by you in contravention of our Content Standards (see section 13 below), whether the service is moderated or not.

Back to Table of Contents

 

13. Content standards

These content standards apply to any and all material which you contribute to the Website (“Contributions”), and to any Interactive Services associated with them (“Content Standards”).
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:
13.1 Be accurate (where they state facts).
13.2 Be genuinely held (where they state opinions).
13.3 Comply with applicable law in Ireland and in any country from which they are posted.

Contributions must not: 13.4 Contain any material which is defamatory of any person.
13.5 Contain any material which is obscene, offensive, hateful or inflammatory.
13.6 Promote sexually explicit material.
13.7 Promote violence.
13.8 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
13.9 Infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person.
13.10 Be likely to deceive any person.
13.11 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
13.12 Promote any illegal activity.
13.13 Be threatening, abuse or invade another¿s privacy, or cause annoyance, inconvenience or needless anxiety.
13.14 Be likely to harass, upset, embarrass, alarm or annoy any other person.
13.15 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
13.16 Give the impression that they emanate from us, if this is not the case.
13.17 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Back to Table of Contents

 

14. Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use the Website.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.
(c) Issue of a warning to you.
(d) 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.
(e) Further legal action against you.
(f) 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 these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.

Back to Table of Contents

 

15. Indemnity

You agree to indemnify us and keep us indemnified (including our directors, agents, servants and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of your use of the Website or a breach by you of any of these Terms.

In the event that your Contributions infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such Contribution or render such Contribution free of any infringement.

Back to Table of Contents

 

16. Linking to the website

You may link to our home page, 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 or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The Website from which you are linking must comply in all respects with our Content Standards (see section 13 above).

If you wish to make any use of material on the Website other than that set out above, please address your request to webmaster@bim.ie.

Back to Table of Contents

 

17. Linking from the website

Where the Website contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Back to Table of Contents

 

18. Jurisdiction and applicable law

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Irish law.

Back to Table of Contents

 

19. Variations

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.

Back to Table of Contents

 

20. Notices

All notices given by you to us should be given to us to webmaster@bim.ie. Subject to and as otherwise specified in these Terms we may give notice to you at either the e-mail or postal address you provide to us during the registration process.

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Back to Table of Contents

 

21. Waiver

If we fail to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of your obligations under these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 20 (Notices) above.

Back to Table of Contents

 

22. Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Back to Table of Contents

 

23. Entire agreement

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Terms.

Back to Table of Contents

 

24. Your concerns

If you have any concerns about material which appears on the Website, please contact webmaster@bim.ie.

Back to Table of Content