Terms & Conditions
1. Use of this site
"You" means you, the user of the HerFamily.ie Site and "Your" shall be interpreted accordingly. "We/Us" means HerFamily.ie and "Our" shall be interpreted accordingly. "HerFamily.ie Site" shall have the meaning as set out above. "User Information" means the personal details which may be provided by You to Us via the HerFamily.ie Site. "Users" means the users of the HerFamily.ie Site collectively and/or individually as the context admits. "Website" means a site on the World Wide Web.
3. Acceptable Use
You agree that any use by You of the HerFamily.ie Site shall be in accordance with the following conditions:
3.1 You will not post or transmit through the HerFamily.ie Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist , discriminatory, or otherwise offensive or in breach of an laws. Always treat other Users with respect.
3.2 You will not post or otherwise make available on the HerFamily.ie Site any material which You do not own without the express prior written permission of the owner of the material.
3.3 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, or make available any material on the HerFamily.ie Site except as is strictly necessary for Your own personal non-commercial home use.
3.4 You will abide by the specific rules of any competition or promotion that You participate in on or via the HerFamily.ie Site.
3.5 You will not do anything that affects the operability or security of the HerFamily.ie Site or causes unreasonable inconvenience or offence or disruption to our staff or users.
3.6. HerFamily.ie reserves the right to alter, edit, modify, remove or shut down all or part of the HerFamily.ie Website or its contents without further notice.
Access to certain areas of the HerFamily.ie Site is restricted to registered users, and permitted on the basis that:
4.1 your email address and password are personal to you and may not be used by anyone else to access the HerFamily.ie Site;
4.2 you will not do anything which would assist anyone who is not a registered user to gain access to any restricted area of the HerFamily.ie Site;
4.3 you do not create additional registration accounts for the purpose of abusing the functionality of the HerFamily.ie Site, or other users; nor do you seek to pass yourself off as another user.
4.4 It is your responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your user name and password. We will not be liable where your password is used by someone else.
5. Third Party Websites
5.1 The Site contains links to third party Web Sites, including those provided by advertisers and commercial sponsors. These links are provided solely as a convenience to you and not as an endorsement by HerFamily.ie of the contents of, or goods or services provided by such third party Web Sites. HerFamily.ie is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of information contained on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk.
5.2 HerFamily.ie generally welcomes the hyper-linking to the HerFamily.ie Site from other appropriate Web Sites provided such links are to the Sites homepage (and no deeper within the Site) and provided HerFamily.ie gives its consent to the establishment of such links. Notwithstanding the foregoing, HerFamily.ie reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the HerFamily.ie Site from another Web Site must be presented in such a manner that the viewing of the HerFamily.ie Site is not impaired by framing or similar techniques that may impair the visitor's user experience.
6. Intellectual Property
6.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the HerFamily.ie Site shall remain at all times vested in Us or Our licensors. You are not permitted to use this material or content unless expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, make available, commercially exploit or create derivative works of such material or content.
6.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
6.3 You acknowledge that by posting or sending material or content to the HerFamily.ie Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the HerFamily.ie Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
7. Liability for and information provided on the HerFamily.ie Site
7.1 Material which is posted on any bulletin boards is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
7.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the HerFamily.ie Site, or for statements, advice and/or opinions made or given by Users on the bulletin boards . If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not against Us.
7.3 We will endeavour to provide the HerFamily.ie Site using all reasonable care. On occasions our site may publish articles or features, which some site visitors may find offensive. HerFamily.ie does not intend to offend and suggests that site visitors who find the tone or content of the site offensive, no longer visit the site. No responsibility is taken for any offense caused. To the maximum extent permissible by law, HerFamily.ie disclaims all warranties in relation to the content of the HerFamily.ie Site and makes no representation or warranty in respect of the HerFamily.ie Site or the material contained therein or its quality, accuracy or fitness for purpose. Further, HerFamily.ie makes no representations that the material contained in the HerFamily.ie Site, or any of the functions contained in the HerFamily.ie Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
7.4 We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the HerFamily.ie Site.
7.5. HerFamily.ie disclaims liability in connection with Your use or misuse of the HerFamily.ie Site to the maximum extent permissible by law.
Unless otherwise stated the promoter of competitions on the site is HerFamily.ie. Entrants must be over 18 and resident in Ireland. Employees/families/agents of the promoter and its associates are not eligible. One one entry per person/per household. No purchase is necessary. Details of the winner can be requested. Prize is subject to availability/may be substituted. No cash alternative/prize is non-refundable/non-transferable. The promoter accepts no liability for lost/damaged/incomplete entries. Proof of entry is not proof of delivery. The winner may need to sign a statement of eligibility/liability/publicity release. Third part T&Cs may apply. Details of entries will be kept on a database and may be used and passed to third parties to enable the processing of Completion/prize fulfillment/ where entrant has consented to share this information with other companies for marketing. To the extent as permitted by Irish law, the promoter excludes all liability for any loss in connection with the competition.
9.1 We shall comply with all applicable data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
9.2 You may be asked to input information about yourself on different pages of the HerFamily.ie Site. We will not use the information You provide to Us for any purpose t other than as stated at each location where such information is requested.
9.3 Please use the Feedback form on the HerFamily.ie Site to notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using Your User Information for the stated purposes or for any form of promotional contact.
You agree to indemnify Us, and/or any of Our affiliates and including their officers, directors and employees, servants and agents immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You, and (if applicable) your officers, directors and employees, servants and agents and against any other liabilities arising out of Your use of the HerFamily.ie Site.
We reserve the right immediately to terminate Your use of the HerFamily.ie Site in circumstance including (but not limited to) where You or (if applicable) your officers, directors and employees, servants and agents breach or procure a breach these terms and conditions or otherwise engage in conduct which We determine in Our sole discretion to be unacceptable or harmful to HerFamily.ie or its users.
Should You wish to make any comments to Us about the HerFamily.ie Web Site or if You have any questions relating to the same please contact us at email@example.com.
13.1. If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
13.2. We reserve the right to change the terms and conditions upon the posting of any altered terms and conditions upon the "HerFamily.ie Site".
The above terms and conditions and the HerFamily.ie site are governed by Irish law.
Aldi Competition: Terms and Conditions:
- DEFINITIONS AND INTERPRETATION
1.1 The following definitions and rules of interpretation in this clause apply in this Agreement:
“Competition” means the competition(s) run by Maximum Media on its website, HerFamily.ie;
“Data” means all data held by Maximum Media in relation to the winners of the Competition;
“Data Controller” shall have the meaning set out in the Data Protection Acts;
“Data Processor” shall have the meaning set out in the Data Protection Acts;
“Data Protection Acts” means the Data Protection Acts 1988 and 2003;
“Personal Data” shall have the meaning set out in the Data Protection Acts;
“Prize” means the baby and toddler product(s) designated by Aldi for use in the Competition;
“Process(ing)” shall have the meaning set out in the Data Protection Acts.
A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
- ALDI’S OBLIGATIONS
Aldi will provide the Prizes on the following basis:
2.1 Maximum Media acknowledges that Aldi has only a limited amount of the Prizes available for the Competition.
2.2 Aldi may provide vouchers to the value of the Prize to the winners of the Competition as an alternative to providing the Prize to the winners of the Competition.
2.3 Maximum Media agrees with Aldi that it will make this clear on the HerFamily.ie website.
- MAXIMUM MEDIA’S OBLIGATIONS
3.1 In consideration of Aldi providing the Prize, Maximum Media will provide advertising in the following manner:
Maximum Media agrees to all of the terms and conditions of this partnership as agreed by contract with McCanns Manchester
Maximum Media agrees with ALDI on all obligations laid out in section 2 above
- DATA PROTECTION ACTS
4.1 It is agreed that Aldi will process the Data including the Personal Data on behalf of Maximum Media in accordance with the terms of this Agreement.
4.2 Neither party shall do any act that puts the other party in breach of its obligations set out in this Agreement and nothing in this Agreement shall be deemed to prevent any party from taking the steps it deems necessary to comply with the Data Protection Acts or other relevant data protection legislation or regulatory provisions.
4.3 Aldi shall:
4.3.1. at all times comply with the Data Protection Acts;
4.3.2. immediately inform Maximum Media of any material breach of this clause or this Agreement.
4.4 Each party shall notify the other immediately if it becomes aware of any actual, threatened or potential breach of security of the Data and/or the Personal Data.
5.1 Entire agreement
This agreement shall constitute the whole of the terms agreed between the parties hereto in respect of the subject matter of this agreement.
This agreement shall be capable of being varied only by a written instrument signed by a duly authorised officer or other representative of each of the parties.
This agreement is severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of this agreement.
5.4 No partnership, etc.
Nothing in this agreement shall constitute or be deemed to constitute a partnership, agency or joint venture between the parties hereto or constitute or be deemed to constitute either party the agent of the other for any purpose whatsoever and neither party shall have any authority or power to bind the other or to contract in the name of, or create a liability against the other.
Unless otherwise agreed in writing, no failure by either party to exercise any right or remedy available to it hereunder nor any delay so to exercise any such right to remedy shall operate as a waiver of it nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
Any notice to be given hereunder by either party to the other shall be in writing and delivered personally sent by pre-paid recorded delivery or registered post to the addressee at the addressee’s registered office for the time being or by email and shall be deemed to be received if delivered personally at the time of receipt if sent by post at the expiration of 72 hours after being placed in the post (having been correctly addressed) whether or not received or if by email 24 hours after despatch to the correct email address.
5.7 Governing law and jurisdiction
This agreement shall be governed and construed in accordance with the laws of Ireland. The parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of Ireland.