Terms and Conditions

IMPORTANT LEGAL NOTICE

Please read the following information carefully. It sets out the terms and conditions on which Repak Ltd (“Repak”) provides access to the following websites: repak.ie, repaklive.powerappsportals.com and pakman.ie, collectively referred to as the “Repak Websites”, and explains what you can and cannot do with the Repak Websites generally.

These Conditions of Use consist of:

the Repak Privacy Policy and
the General Conditions of Use of the Repak Websites that all users of the Repak Websites are bound by,

together with all conditions of any legally binding contract between you and Repak Ltd,

(collectively the “Conditions”).

Your permission to access and use the Repak Websites at any given time, is subject to your acceptance of the Conditions current at that time.

Repak may modify these Conditions from time to time, such modifications becoming effective immediately upon posting of the modified Conditions on the Repak Websites. By continuing to use the Repak Websites following modification of the Conditions you will be deemed to have accepted such modification. If you have any questions in relation to any of the Conditions or the Repak Websites please email us at info@repak.ie or please call our helpline at 353-1-4670190.

Please note the Disclaimer Notice herein.

PRIVACY POLICY

During the course of your participation on the Repak Websites, we may collect personal information relating to you in the manner described in our privacy policy. You consent to our use, transfer and disclosure of any such information in accordance with our privacy policy which you will find at https://repak.ie/privacy-policy/.

GENERAL CONDITIONS OF USE OF THE REPAK WEBSITES

Repak ownership of the Repak Websites and your permission to use

The Repak Websites are made available to you by Repak Ltd (“Repak”). All material made available on the Repak Websites belongs to Repak or its licensors. Repak or its licensors own all the intellectual property and other rights in the content of the Websites (including text, graphics, button icons, images and audio clips) and the selection and arrangement of that content. The Repak Websites and these materials are made available to you for your own personal enjoyment. Any commercial use of any content of the Repak Websites is strictly prohibited.

You may:-

download and display pages of the sites on a computer screen, PDA or mobile telephone;
print individual pages on paper but not photocopy those printouts; and
store such pages in electronic form but not on any server or storage device connected to a network.

The Repak Websites contain a number of trade marks. In particular, Repak, Repak Limited, Pakman,and their associated logos are among the trademarks of Repak. All other trademarks, trade names and logos contained in the Repak Websites belong to their respective owners. The presence of these trade marks on the Repak Websites does not confer any licence of or right in these trademarks.

Specific restrictions on use of the Repak Websites

Any other use of the Repak Websites, or any of their contents, apart from that specifically permitted, is strictly prohibited. In particular, you may not:-

(a) incorporate any content from the Repak Websites into any other work or publication whether in hard copy or electronic or other form;

(b) reproduce, modify, publish or distribute or otherwise make available to the public either in hard copy or electronic form, the Repak Websites or any part of them or their contents without the express permission of Repak;

(d) impersonate any other person, use a false name or use any other user’s information to gain admittance to any facility made available on the Repak Websites;

(e) misrepresent any affiliation with any person or entity;

(f) disguise the origin of content on the Repak Websites;

(g) upload, post, link or publish any defamatory, harmful, threatening, abusive, offensive, obscene, unlawful or otherwise objectionable material or any material which would be invasive of another person’s privacy or otherwise that would infringe another person’s rights;

(h) upload, post, link or publish material which infringes the copyright or trademarks of any other person, i.e., which reproduces, adapts or makes available to the public any copyright work (including musical works, sound recordings, text, photographs, pictures, articles, videos, logos etc.) without the permission of the copyright owner or any material which otherwise infringes any other intellectual property rights of any person;

(i) upload, post, link or publish any material containing any form of advertising or promotion of goods or services, or any chain message or “spam” or any bulk communication of any kind;

(j) post or transmit any messages that contain software viruses, files or code designated to interfere with, damage, limit the functionality of, or expropriate the Repak Websites or any system, program, data or personal information of any person;

(k) collect or store any personal data of any other user of the Repak Websites;

(l) download any content that you know or reasonably should know, cannot be legally obtained in such manner;

(m) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

(n) restrict or inhibit any other user from using and enjoying any public area within the Repak Websites;

(o) forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Repak Websites or to manipulate your presence on the Repak Websites;

(p) interfere with or disrupt the Repak Websites, servers or networks;

(q) engage in any illegal activity; and

(r) take any action that imposes an unreasonably or disproportionately large load on Repak infrastructure.

Modification and Monitoring

Repak reserves the right to monitor and review any material placed on the Repak Websites but is not obliged to do so.

Repak reserves the right (which it may exercise at its sole discretion and without notice) to delete, discontinue, move, modify, edit or restrict access to any part of the Repak Websites, their contents and the facilities provided at any time. In particular, nothing contained in these Conditions shall limit Repak’s ability to comply with governmental, court and law enforcement requests or requirements relating to your use of the Repak Websites or any content contributed by you.

Suspension or Termination of access

Repak reserves the right to immediately and without notice suspend or terminate your permission to visit the Repak Websites or to participate in any of the features of the Repak Websites. In particular, and without limitation Repak may exercise its power where Repak believes:

(a) that you have breached any of these Conditions,

(b) that any registration information that you have provided is or has become incorrect;

(d) that your conduct is dishonest or harmful to Repak or other visitors to or users of the Repak Websites.

The suspension or termination of your ability to visit the Repak Websites or to participate in any of the features of the Repak Websites will be without prejudice to any rights that Repak may have against you in respect of your breach of these Conditions or otherwise.

Your access to the Repak Websites, or any part of them, their contents and the facilities provided may occasionally be interrupted or restricted to allow for repairs or maintenance to be carried out to allow for the introduction of new facilities. Repak will endeavour to restore the relevant access as soon as possible.

Links to and from the Repak Websites

The Repak Websites contain links to or from other websites. Repak is not responsible for the content contained on any such third party website and disclaims all liability and responsibility for any material appearing on any and all third party websites that may be linked from time to time to the Repak Websites.

Hypertext links to the Repak Websites by other users and websites are permitted.

Unauthorised access

Unauthorised access to the Repak Websites is a breach of these Conditions. You agree not to access the Repak Websites by any means other than through the interfaces that are provided by Repak for use in accessing the Repak Websites. You agree not to use any automated means, including without limitation, agents, robots, spiders, or scripts to access, monitor or copy any part of the Repak Websites except where this is expressly approved by Repak in advance in writing.

Contributing Content To the Repak Websites

The Repak Websites may include features from time to time whereby you can contribute content for inclusion on the Websites. You agree that in contributing any content (“your Content”) or accessing any content on the Repak Websites:

(a) your use of the Repak Websites is entirely at your own risk;

(b) you are solely responsible for your Content and your use of the Repak Websites and that Repak bears no responsibility for same;

(c) you warrant that you either own or have a licence of all the intellectual property rights in your Content needed to allow you to legally contribute it to the Repak Websites and grant the licence in (e) below.

(d) you warrant that your Content is fit for publication and use and that any publication or use of it by Repak will not infringe the rights of any person or cause injury to any third party or to Repak;

(e) you grant Repak a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable licence to (i) display your Content on the Repak Websites, (ii) permit users of the Repak Websites to use your Content in accordance with these Conditions (iii) store your Content in electronic format on computer servers and (iv) carry out all necessary acts in relation to your Content for the purposes of (i)-(iii). This licence shall apply to the display, storing and downloading of your Content in any form, medium or technology now known or later developed;

(f) you will indemnify Repak, from and against any liability, loss, damage, claim or expense (including reasonable legal fees) incurred by Repak arising out of or resulting in any way from your use of the Repak Websites, including your provision of Content;

(g) you waive any moral rights that may subsist in your Content; and

(h) Repak may identify you as the contributor of your Content.

DISCLAIMERS

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.