1. OTHER APPLICABLE TERMS
2. INFORMATION ABOUT US
www.aibms.com is a website operated by First Merchant Processing (Ireland) Limited under the trading name AIB Merchant Services (“we”/”us”).
First Merchant Processing (Ireland) Limited is a joint venture between Allied Irish Banks, p.l.c. and First Data Corporation and is a separate legal entity from Allied Irish Banks, p.l.c. and its subsidiary companies. “AIB” and the AIB logo are the registered trademarks of Allied Irish Banks, p.l.c. and are used under licence by First Merchant Processing (Ireland) Limited. First Merchant Processing (Ireland) Limited, trading as AIB Merchant Services, is regulated by the Central Bank of Ireland.
3. ACCESSING OUR WEBSITE
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted.
Access to our website is permitted on a temporary basis, and we reserve the right to suspend, withdraw, discontinue or amend all or any part of our website, or the service we provide on our website, without notice (see below). We will not be liable, if for any reason our website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
4. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
You must not edit 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 our website must always be acknowledged.
You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors (as relevant).
5. NO RELIANCE ON INFORMATION POSTED
The content on our website is provided for general information only. Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. In particular, no representation warranty or guarantee, whether express or implied, is made that the information on this website is accurate, complete or up to date. We are not responsible for any consequences arising from reliance on such information and disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
6. OUR WEBSITE CHANGES REGULARLY
We may update our website from time to time, and may change the content at any time. However, any of the material on our website may become out of date at any time and we are under no obligation to update such material.
We do not guarantee that our website, or any content on it, will be free from errors or omissions.
If the need arises, we may suspend access to our website, or close it indefinitely.
7. OUR LIABILITY
THE MATERIAL DISPLAYED ON OUR WEBSITE IS PROVIDED “AS IS” WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY OR COMPLETNESS.
TO THE EXTENT PERMITTED BY LAW, WE, THE OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:
- ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS (WHETHER EXPRESS OR IMPLIED) WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
- ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR:
- loss of income or revenue;
- loss of business or business interruption;
- loss of profits, sales, business, or contracts;
- loss of anticipated savings;
- loss of data;
- loss of business opportunity, goodwill or reputation;
- 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
9. UPLOADING MATERIAL TO OUR WEBSITE
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted on our website by you or any other user of our website.
The views expressed by other users on our website do not represent our views or values.
10. VIRUSES, HACKING AND OTHER OFFENCES
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Criminal Damage Act 1991, Criminal Justice (Theft and Fraud) Offences Act 2001, [ or the UK’s Computer Misuse Act 1990 (as amended)]. 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 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 our website or to your downloading of any material posted on it, or on any website linked to it.
11. LINKING TO OUR 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 and without our express consent in writing.
You must not establish a link to our website in any website that is not owned by you.
If you wish to make any use of material on our website other than that set out above, please address your request to Info@aibms.com.
12. LINKS FROM OUR WEBSITE
Where our website contains links to other sites and/or resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and do not endorse them or make any representations about them. If you do decide to access any such sites or resources linked to our website, you do so entirely at your own risk. We accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. PROHIBITED USES
You may use our website only for lawful purposes. You may not use our website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly 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:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our website;
- any equipment or network on which our website is stored;
- any software used in the provision of our website; or
- any equipment or network or software owned or used by any third party.
14. INTERACTIVE SERVICES
We may from time to time provide interactive services on our website, including, without limitation:
- Chat rooms;
- Bulletin boards; and
- Customer enquiry forms,
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
15. CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our website (contributions), and to any interactive services associated with it.
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.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the Republic of Ireland and the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
16. SUSPENSION AND TERMINATION
- Immediate, temporary or permanent withdrawal of your right to use our website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
- Issue of a warning to you.
- 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.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
18. JURISDICTION AND APPLICABLE LAW
19. TRADE MARKS
[“TRADE MARK 1”] and [“TRADE MARK 2”] are [registered] trade marks of [COMPANY NAME].
To be confirmed
21. YOUR CONCERNS
Thank you for visiting our website.
© 2014 First Merchant Processing (Ireland) Limited (trading as AIB Merchant Services) and First Data Corporation. All Rights Reserved. All trademarks, service marks, and trade names referenced in this material are the property of their respective owners.