This website www.erp-recycling.ie (the “Site”) is operated by European Recycling Platform Ireland Designated Activity Company (DAC) (trading as European Recycling Platform or “ERP” ), with company number: 404550, a company incorporated under the laws of Ireland, having its registered address at 2 – 4 Ely Place, Dublin 2. Our VAT number is IE 6424550 E. Any use by you of the Site is conditional upon your acceptance of these terms and conditions of use (“Terms”).
We reserve the right to amend these terms from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms, which shall come into effect once posted. Your continued use of the Site will be deemed confirmation that you have read, understood and accept these Terms. If you do not accept these terms please leave this Site now.
All references to “our”, “us”, “we” or “ERP” within these Terms are deemed to refer to European Recycling Platform Ireland Limited.
ERP is the authorised user of all trade marks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms, any use or reproduction of the intellectual property on the Site is prohibited. You may view this Site and print hard copies of material on it solely for your lawful, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world wide. Furthermore, save as permitted under applicable law, you are not entitled to permanently store, reproduce, distribute, adapt, modify, bundle, merge or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent.
You will not use this Site or any of its facilities and/or services for any illegal or unlawful purpose or for any purpose that is prohibited by these Terms. You will not use this Site in any manner which could damage, disable, overburden or impair this Site, the facilities and/or services that are available on it or interfere with any other party’s use of this Site, its facilities and/or services. You acknowledge that this Site has been specifically designed for use in the Republic of Ireland, and you agree not to use or access it in and from jurisdictions in which it or its contents are restricted or prohibited by local law. All other rights are reserved.
WAIVER AND WARRANTIES
This Site is available without any representations or warranties of any kind, either express or implied to the fullest extent permitted by applicable law. All use by you of the Site is at your own risk. You assume complete responsibility for, and for all risk or loss resulting from your use of the Site. You agree that we will not be liable for damages arising out of your use or your inability to use the Site and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.
ACCESSING OUR SITE
If you choose, or you are provided with, a user identification code, password or other 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 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. We reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
All use by you of this site is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading and/or using of, or referring to or relying on facilities, services or materials provided on this site, or any other information obtained from your use of this site. You agree that erp and providers of telecommunications and network services to erp will not be liable for damages arising out of your use or your inability to use this site, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.
This site is available to all users “as is” and, to the fullest extent permitted by applicable law, without any representations or warranties of any kind, either express or implied. Erp makes no representations, warranties or undertakings that this site, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Erp accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of erp, which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of this site. Erp makes no representations, warranties or undertakings about any of the facilities, services and/or materials on this site, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, neither erp nor any of its officers, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and/or the materials offered or transactions entered into through or from this site or services through this site, including, but not limited to, loss of data, loss of income, profit or opportunity, loss of or damage to property and claims of third parties or for any indirect or consequential loss whatsoever arising, even if erp has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall erp nor any of its officers, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of the services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Subject to the foregoing provisions of this clause, erp its officers, affiliates and other representatives total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise in connection with or arising from these terms shall not exceed €50 (fifty euro).
Without limiting the foregoing, under no circumstances shall ERP nor any of its officers or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties.
Commentary and other materials posted on our Site 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 our Site, or by anyone who may be informed of any of its contents.
LINKS FROM AND TO THE SITE
You acknowledge and agree that we have no responsibility for the information provided by third party websites to which you may link from this Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost cause or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. No website may be linked to this Site or its pages without our prior written consent. Your use of the Linked Sites is subject to the terms and conditions of use contained within each of those Linked Sites.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our acceptable use policy. 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 our Site 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 our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You may not use this Site to publish or post any offensive, indecent, pornographic, defamatory, libellous or objectionable material. 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 our Site. We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. 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 our Site will cease immediately. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
You will defend, indemnify, keep indemnified and hold ERP (and as applicable, our officers, directors, employees, agents, licensors, subsidiaries, affiliates, suppliers and any of your third party information service providers) harmless against any and all demands, expenses, losses, damages or costs incurred by us arising out of your use of the Site, or any information accessible over or through the Site, including information obtained from Linked Sites or your violation of these Terms or any other laws, regulations and rules.
ENTIRE AGREEMENT, WAIVER, ASSIGNMENT ETC.
These Terms constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior representations, agreements, statements, and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreement. The failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. We may assign or otherwise transfer our rights and obligations to third parties.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and any matter relating to this Site, shall be governed by the laws of Ireland and you and ERP each submit to the exclusive jurisdiction of the courts of Ireland.