Your access and use of this website is subject to our terms and conditions of use (“Terms”) set out below. By using this website you are agreeing, and you are signifying your agreement, to be bound by these Terms. If you do not read and abide by these Terms you should not use this website. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes as by using the website after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them. These Terms may be supplemented by additional terms pertaining to specific content and activities. You agree and understand that such additional terms are hereby incorporated by reference to these Terms.

Copyright and Reproduction Notice and Limited Licence

The information, content, graphics, text, sounds, images, buttons, trade marks, service marks, trade names, photographs, illustrations, audio clips, video clips, software, and logos (the “Materials”) contained in this website are protected by copyright, trade mark, database rights, sui generis rights and other intellectual property laws, under Irish and international laws. You are granted a limited non-exclusive and non-transferable licence solely for your own personal, non-commercial use to refer to, bookmark or point to any page within this website, and to download the Materials contained on this website to a single personal computer, and to print a single hard copy of the Materials contained on this website for your own personal reference, provided however that all copyright, trade mark and other proprietary notices are left intact. The grant of this limited licence is conditional on your agreement to, and compliance with, all of these Terms. Any other use of the Materials on this website, including any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of eircom PhoneWatch, is strictly prohibited and is in violation of the proprietary rights of eircom PhoneWatch.

Linking and Framing Policy

Hypertext links to this website by other users and websites are permitted provided that the link to this website is in a simple list of companies pointing to eircom PhoneWatch home page [www.phonewatch.ie] (and no deeper within the Site). This limited licence entitles other users and websites to link to eircom PhoneWatch home page only, and linking to other content on or information in this website is prohibited without eircom PhoneWatch’s express written consent. Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons. Any links to the website from another website must be presented in such a manner that the viewing of the website is not impaired by framing or similar techniques that may impair the visitor’s user experience.

Intellectual Property Rights Notice

eircom PhoneWatch and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. Nothing in these Terms shall be construed as conferring by implication, estoppel or otherwise, any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of eircom PhoneWatch, its affiliates or any third party.

Disclaimers

This website is made available to you free of charge and all use by you of this website 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, Materials, or any other information obtained from your use of this website. You agree that eircom PhoneWatch and providers of telecommunications and network services to eircom PhoneWatch will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto, and whether based on contract, tort or other grounds.

This website is available to all users “as is” without any representations or warranties of any kind, either express or implied. eircom PhoneWatch makes no representations, warranties or undertakings that this website, or the server that makes it available, will be compatible with your equipment or free from defects, including, but not limited to viruses or other harmful elements. eircom PhoneWatch accepts no liability for any infection by computer virus, bug, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of eircom PhoneWatch, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website or your equipment. There are certain inherent risks in using the Internet and the World Wide Web.

eircom PhoneWatch makes no representations, warranties or undertakings about (i) any of the Materials on this website (including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose); or (ii) any content of or information on any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link (“Third Party Site”).

eircom PhoneWatch does not endorse or approve the content of any Third Party Site, nor will eircom PhoneWatch have any liability in connection with any Third Party Site (including but not limited to liability arising out of the merchantability, quality or fitness of the materials on any Third Party Site or any allegation that the content of or information on any Third Party Site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any Third Party Site, and any and all liability which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any Third Party Site is excluded.

Any content or information received on or via this website should not be relied on for important personal, financial or business decisions, and you should consult an appropriate professional for advice which is specifically tailored to your particular circumstances. Nothing in this website constitutes or shall be deemed to constitute an offer or invitation to invest or otherwise deal in shares or securities of eircom plc, eircom PhoneWatch or any of their associated companies. You acknowledge and understand that eircom PhoneWatch may have opinions from time to time with regard to any of the content of or information on this website which may be different from those obtained by using or accessing the content of and information on this website, and that eircom PhoneWatch is not advising you in relation to the nature, potential, value or suitability of any particular asset or security, portfolio of assets or securities, transactions, investment strategy or other matter, and that no mention of a particular asset or security on this website constitutes a recommendation to buy, sell or hold that or any other asset or security. Content and information received via this website is supplied by sources believed to be reliable. However, calculations made using such data, and opinions expressed in relation to such data, are not guaranteed by these sources, eircom PhoneWatch, or any other person or entity, and may not be complete.

eircom PhoneWatch reserves the right to change the content, presentation, performance, user facilities and availability of any part of this website at its sole discretion, including these Terms and you should check these Terms regularly for any changes.

These Terms apply to the fullest extent permissible by law. If you access this website as a consumer, these Terms shall not be construed to affect your statutory rights.

Exclusion of Liability

You expressly understand and agree that to the fullest extent permitted by applicable law, neither eircom PhoneWatch nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials, and/or facilities or services offered through this website, any error in the provision of this website or any computer virus transmitted through this website including, but not limited to, direct, indirect, economic or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if eircom PhoneWatch has been advised of the possibility of such loss or damages, or such loss or damages arise from our negligence or were reasonably foreseeable.

General

This website is controlled and operated by eircom PhoneWatch from Ireland. eircom PhoneWatch does not make any representation that Materials and/or the facilities or services offered through this website are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements of such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this website, the Materials, and/or facilities or services offered through this website or any part of them, available in your country, or to you (whether by reason of nationality, residence or otherwise), this website, the Materials and/or facilities or services offered through this website or any part of them are not directed at you.

These Terms shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of Eircom PhoneWatch, and without prejudice to the right of eircom PhoneWatch to take proceedings in relation to these Terms before any other court of competent jurisdiction, that the courts of Ireland shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these Terms and for such purposes you irrevocably submit to the jurisdiction of such courts.

Any waiver of any provision of these terms must be in writing and signed by eircom PhoneWatch to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.

If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.

Special Terms relating to eircom PhoneWatch Benefits Programme

The eircom PhoneWatch Benefits Card is not a credit card or a means of obtaining trading stamps. The Card merely entitles the holder to avail of those special offers and discounts which may be made available by our selected partners from time to time. The Card remains the property of eircom PhoneWatch. The Card may be cancelled or discontinued upon notice to that effect being given by eircom PhoneWatch to the Cardholder or by the Cardholder to eircom PhoneWatch.

NB: SHOULD YOU CHOOSE TO AVAIL OF ANY OF THE OFFERS AVAILABLE UNDER THE PHONEWATCH BENEFITS PROGRAMME, YOU DO SO SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEVANT SUPPLIER. eircom PHONEWATCH IS NOT PARTY TO YOUR CONTRACT WITH THE SUPPLIER AND SHALL NOT BE LIABLE FOR ANY ISSUES ARISING OUT OF TRANSACTIONS BETWEEN BENEFITS PARTNERS AND EIRCOM PHONEWATCH BENEFITS CUSTOMERS.