Terms & Conditions
Terms & Conditions
This website (“the Kelly.ie website”) is provided by JB Kelly Property (Sutton) Limited (Kelly.ie) with a registered office at Unit 4 Sutton Cross Shopping Centre, Sutton, Dublin 13 with licensed usage provided to Noel Kelly Auctioneers Ltd.
Acknowledgement and Acceptance
This Agreement (“the Agreement”) outlines the terms and conditions governing your access to and use of the Kelly.ie website. By accessing and/or using the Kelly.ie website you agree to be bound by the terms and conditions contained in this Agreement. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about them please email us at [email protected]
JB Kelly Property (Sutton) Ltd reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. You are responsible for regularly reviewing this Agreement and your continued use of the Kelly.ie website constitutes an affirmative acknowledgement by you of any modification to this Agreement and consent to be bound by its terms.
It is not possible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this website. In general, we will not tolerate any use of the website which damages or is likely to damage our reputation, the availability or integrity of the site or which causes us or threatens to cause us to incur any legal, tax, regulatory or other liability. We therefore request you to treat our site with respect, and not to use the website for any illegal purpose, or in such a way as to infringe or breach others’ rights or to cause us damage. We also ask you to comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through the site.
All materials incorporated in or accessible through the site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the site), are protected by Irish and/or international copyright laws, and are owned, controlled or licensed by Kelly.ie, or by the original creators of such materials or their permitted licensors. All such rights are reserved. Such materials may be used only for viewing the site in the ordinary course. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. All trade marks on this site, such as the Kelly.ie logo, JB Kelly logo or Noel Kelly logo may not be used without our prior written permission.
Section 1. Introduction
Kelly.ie respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2003. The purpose of this Website Privacy Statement is to outline how we deal with any personal data you provide to us while visiting this website. Naturally, if you are not happy with this Website Privacy Statement you should not use this website.
By visiting this website, you are accepting the terms of this Website Privacy Statement. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy statements of these other websites.
Section 2. Types of Information Collected
We retain two types of information:
This is data that identifies you or can be used to identify or contact you and includes information such as your name, address, sex, email address, birth date, marital status, occupation and salary range. While information such as name and email address is mandatory (we need it to provide you with the service), the rest is only collected from you if you voluntarily submit it to us.
Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses (where they have been clipped or anonymised), browser types and other anonymous statistical data involving the use of our website.
Section 3. Purposes for which we hold your Information
We use the Non-Personal Data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.
We will process any Personal Data you provide to us for the following purposes:
(a) to contact you in relation to property sales and rentals;
(b) to provide you with information regarding property sales and rentals;
(c) to respond to any queries you submit to us;
(d) where you have consented to the sharing of your information with third parties, we will do so in accordance with Section 4 below;
(e) to seek your views on our site and our services;
(f) to provide you with information on ancillary services offered by us or our business partners.
(g) to send you newsletters or other forms of communication in relation to site services and products;
(h) to send you messages or data to your mobile phone where you have provided us with mobile phone details and requested such information.
Section 4. Disclosure of Information to Third Parties
We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.
We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil a service you have requested (in such circumstances, the third party is bound by similar data protection requirements). Any third party we disclose the information to will use it for the purposes of delivering the service in question unless you have agreed otherwise.
We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
Section 5. Sale of Business
We reserve the right to transfer information (including your Personal Data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Statement and provided that the third party only uses your Personal Data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.
Section 6. Security
Your Personal Data is held on secure servers hosted by our Internet Service Provider. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal Data.
Section 7. Updating, Verifying and Deleting Personal Data
You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Data Protection Acts 1988 and 2003 we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you or to have your Personal Data updated, amended or removed from our database, please email [email protected]
Section 8. Conditions of Use, Notices and Revisions
This notice is governed by the laws of Ireland. If you have any concern about privacy at Kelly.ie, please send a thorough description to [email protected] and we will try to resolve it.
Our business changes constantly and our Privacy Notice will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Information You Give Us
You provide most of such information when you search, buy, post, participate in a contest or questionnaire or communicate with customer services. For example, you provide information when you search for a property through Kelly.ie or one of our third-party partners, communicate with us by phone, e-mail or otherwise, complete a questionnaire or a contest entry form, employ other personal notification services such as Kelly.ie Ireland Property Alerts. As a result of those actions, you might supply us with such information as your name, address and phone number etc.
Examples of the information we collect and analyse include the Internet protocol (IP) address used to connect your computer to the Internet, login, e-mail address, computer and connection information such as browser type and version, your operating system and platform, purchase history, which we sometimes aggregate with similar information from other customers to create features the full Uniform Resource Locators (URL), through and from our website (including date and time), cookie number and products/vehicles/editorial you viewed or searched for.
What Choices Do I Have?
- As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Kelly.ie features.
- You can add or update certain information on the registration page. When you update information, we usually keep a copy of the previous version for our records.
- If you do not want to receive e-mail or other mail from us, please send an email to [email protected]
The Kelly.ie website is for the use of residents of Ireland. Residents of other countries may access and use the Kelly.ie website, however they do so at their own risk and it is their sole responsibility to ensure that accessing and using the Kelly.ie website does not contravene their local laws.
Links to Third Party sites
Links included within the Kelly.ie website may let you leave the Kelly.ie website and enter into other websites (“linked sites”). The linked sites are not under the control of Kelly.ie and Kelly.ie is not responsible for the content of any linked sites or any link contained in a linked site or any changes or updates to such sites. Kelly.ie is not responsible for web casting or any other form of transmission received from any linked site. Kelly.ie is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Kelly.ie of the site or any association with their operators.
Dealings with Advertisers
Your correspondence or dealings with, or participation in promotions and/or advertisers found on or through the Kelly.ie website are solely between you and such advertiser. You agree that Kelly.ie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the Kelly.ie website.
All materials published on the Kelly.ie website including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips (“Information”) is protected by copyright and owned or controlled by Kelly.ie.
You hereby acknowledge that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including software, software architecture, design or code including source and object code, data specifications, drawings, instructions, programs, developments, methods, techniques and improvements; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the Kelly.ie website (hereinafter referred to as “Intellectual Property”) are solely owned by Kelly.ie. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of Kelly.ie. ALL RIGHTS RESERVED
Limitation of Liability
Kelly.ie shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising (including, but not limited to, an action in contract, negligence or other tortious action) that results from the use of information and material available on the Kelly.ie website.
Although rigorous protocols are applied to the Kelly.ie website, Kelly.ie, does not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.
Kelly.ie does not accept any liability for any losses or claims arising from any inability to access the Kelly.ie website.
The material and information contained in the Kelly.ie website including, but not limited to, product descriptions, photographs, images, illustrations, pricing information, reviews and video clips may contain inaccuracies and typographical errors. Kelly.ie does not warrant the accuracy or completeness of the materials or information or the reliability of any advice, opinion, statement or other information displayed or distributed through the Kelly.ie website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. Kelly.ie reserves the right in its sole discretion to correct any errors or omissions in any portion of the Kelly.ie website.
The Kelly.ie website, the information and material on the Kelly.ie website are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to warranties regarding merchantability, non-infringement, fitness for any particular purpose and title.
Kelly.ie does not make any warranty, guarantee nor any representation regarding the quality of or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies on the Kelly.ie website.
Kelly.ie shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.
Indemnity and Waiver
You hereby agree to indemnify and keep indemnified Kelly.ie its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of the information and material posted on the Kelly.ie website or resulting from any breach of this Agreement whether such breach is carried out by you, your use of the Kelly.ie website, your connection to the Kelly.ie website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Kelly.ie website is done at your own discretion and risk and that you waive any right to bring any claim or action against Kelly.ie or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from your access to or use of the Kelly.ie website.
No unlawful or prohibited use
You hereby acknowledge and warrant to Kelly.ie that you will not use the Kelly.ie website for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use the Kelly.ie website in any manner which would damage, disable, overburden or impair the Kelly.ie website or interfere with any other party’s use and enjoyment of the Kelly.ie website and you may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Kelly.ie website.
You hereby agree and warrant that you will not publish, post, upload, distribute or disseminate any material or information on the Kelly.ie website that infringes any copyright or intellectual property rights of any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable and facilitates or promotes illegal activity, depicts sexually explicit images or promotes violence or discrimination.
You hereby agree to indemnify and keep indemnified Kelly.ie its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from any such publication, posting, uploading, distribution or dissemination of any such material or information on the Kelly.ie website.
Kelly.ie reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
Modifications to Kelly.ie website
Kelly.ie reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Kelly.ie website (or a part thereof) with or without notice. You agree that Kelly.ie shall not be liable to you or any third party for any modification, suspension or discontinuance of the Kelly.ie website. Kelly.ie shall not be liable to you or any third party should Kelly.ie exercise its right to modify or discontinue the Kelly.ie website.
This Agreement constitutes the entire Agreement between you and Kelly.ie and supersedes any prior agreements, arrangements, statements and understandings between Kelly.ie and you.
A waiver by Kelly.ie of any breach by you of any of the terms, provisions or conditions of this Agreement or the acquiescence of Kelly.ie to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
If you are dissatisfied with the Kelly.ie website or any information posted thereon, or with any term or condition of this Agreement, your sole and exclusive remedy is to discontinue using the Kelly.ie website.
This Agreement shall be governed by Irish law and you hereby consent to the exclusive jurisdiction of the Irish courts in all matters regarding it.