Disclaimer

DISCLAIMERS

In this Disclaimer Notice we use the terms “Repak”, “we”, “our” and “us” to refer to Repak Limited, which is a registered company (Companies Registration Office number 242159) and our registered office is at Red Cow Interchange Estate, 1 Ballymount Road, Clondalkin, Dublin 22.

Please note that the application of this Disclaimer Notice encompasses and applies to each of the following websites: repak.ie, repaklive.powerappsportals.com and pakman.ie, collectively the ‘Repak Websites’ all of which are owned and controlled by Repak Limited.

Operation of the Repak Websites

Repak will use its reasonable endeavours to ensure that the Repak Websites and the facilities that they provide, are fully operational at all times. However, due to the nature of interactive facilities and the Internet generally, Repak gives no representations or warranties that the Repak Websites, their content or the facilities provided, will be timely, or free from delays, interruptions or errors.

Repak tries to safeguard the Repak Websites but gives no representations or warranties, express or implied that the Repak Websites will be secure, that the Repak Websites or any part of them, will be free from infection by viruses or anything else which has contaminating properties.

If a fault occurs, you should notify Repak on +353-1-4670190 or email info@repak.ie.

Content of Repak Websites

Repak uses its reasonable endeavours to ensure that any content on the Repak Websites that is generated by Repak (as distinct from content contributed by third parties) is correct. However, Repak makes no representation and gives no warranty, either express or implied in relation to the accuracy, reliability, currency or completeness of any content on the Repak Websites or that any errors will be corrected.

Some features of the Repak Websites, consist of content and information supplied by third parties, for example in the form of recycling facilities, advertisements, press releases or other statements. The content provided, including any views or opinions expressed by third parties are not those of Repak. Repak bears no responsibility for any such content, including views or opinions and Repak accepts no liability for any damage, loss or distress caused to any person as a result of the posting of content, including views or opinions originating from third parties, or any reliance on such.

The Repak Websites and their content is made available on an “as is” basis. Any material that you access, download or otherwise obtain through the Repak Websites is obtained at your own discretion and risk. You will be solely responsible for any potential damages to your computer system or loss of data that results from your use of the Repak Websites including downloading of any content.

The Repak Websites are intended to be a general information site. No content appearing on the Repak Websites should be taken as, or relied upon as providing legal advice or professional facilities. Any use of, or reliance on the information contained on the Repak Websites is entirely at your own risk.

Information contained in the recycling facilities search area of the repak.ie website is maintained and owned by the relevant local authority.

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

Except as expressly set out in these terms and conditions, all representations, warranties, terms and conditions whether express or implied in relation to the Repak Websites, the content contained therein or the facilities provided, are hereby excluded to the fullest extent permitted by law.

Subject to any express provisions to the contrary in these terms and conditions, Repak does not accept any liability for any damage, loss or expense suffered by you (whether direct, indirect, special or consequential) howsoever arising (including, without limitation, as a result of negligence) that relates to your use of the Repak Websites, use of any of the facilities on the Repak Websites or use or reliance on any content of the Repak Websites, or your inability to use any of the foregoing.

Without prejudice to the generality of the foregoing, Repak excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of the Repak Websites, the content contained therein or the facilities provided.

Acts beyond Repak’s control

In addition to the foregoing, we exclude all liability if we cannot do what we have promised in these Conditions because of something beyond our reasonable control such as technical failure, lightning, flood or exceptionally severe weather, fire or explosion, civil disorder, war or military operations, natural or local emergency, or the act or omission of providers of fixed line or mobile phone or Internet facilities of any network.

Indemnity

You are solely responsible for any claims or legal proceedings arising from your actions, and your use of the Repak Websites, their content or any of their facilities. You hereby agree to indemnify and hold Repak and all of our officers, employees, directors, agents and associated partners and licensors, harmless from and against any liability, losses, costs and expenses (including legal fees) incurred by any of them, in connection with any claim, including, but not limited to, claims for copyright infringement, trade mark infringement, and defamation, arising out of:

(a) your use of the Repak Websites, or any part of them;

(b) any use or alleged use of your password by any person, whether or not authorised by you;

(d) your connection to the Repak Websites;

(e) your violation of these Conditions; or

(f) your infringement of the rights of any other person.

Repak reserves the right (but has no obligation) to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to co-operate with our defence of these claims.

Assignment of rights

Repak reserves the right to assign or subcontract any or all of its rights and obligations under these Conditions. If such assignment or subcontracting takes place, Repak will name the assignee or subcontractor as the case may be on the home page of the Repak Websites.

You may not assign or subcontract your rights or obligations under these Conditions without the prior written consent of Repak.

Severability

If any court of competent jurisdiction finds any provision of these Conditions 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.