Terms of Usage

Website Terms of Usage

1 GENERAL

Accounting Technicians Ireland is the leading accounting technician body in Ireland and as part of its range of services to support members and non members, we offer the opportunity to both members and non members to purchase certain products (e.g. transcripts of results etc) and certain educational courses, tutorials and subscriptions online through our website.

The website http://www.AccountingTechniciansIreland.ie and the facilities, services and materials available thereon (the "Website") is owned and operated by the Institute of Accounting Technicians in Ireland Limited ("Accounting Technicians Ireland"), company number 100175 whose principal place of business is 47-49 Pearse Street, Dublin 2, Ireland. For the purposes of the Terms of Use "we", "our" and "us" refers to Accounting Technicians Ireland.

Your use of this website is subject to our terms and conditions of use set out below ("Terms of Use"). Please ensure you read them carefully in their entirety. By accessing and using the Website and/or purchasing Products from it you agree, and you are signifying your agreement, that you have read, understood and agree to be bound by and comply with these Terms of Use. If you do not read or agree our Terms of Use, you should not access or use this Website.

None of the provisions of the Terms of Use shall be interpreted as to deprive you of any rights you may have as a consumer under mandatory Irish law.

2 ORDERING ONLINE

When purchasing Products from us you will be asked to provide information such as your name, home address, telephone number, email address and credit card details. All information supplied by you must be true, complete and accurate. We will only use your information in accordance with our Privacy Statement.

Electronic payment for manuals will be preliminarily authorised by Realex. Once this payment is made Accounting Technicians Ireland will dispatch the manual to the designated address or the designated college/correspondence tuition provider within 10 working days. If in the interim Realex subsequently declines the electronic payment, then Accounting Technicians Ireland will contact you directly, inform you of the problem and withhold the delivery of the manual until full payment has been received. Where the manual has been forwarded to a designated college/correspondence tuition provider then Accounting Technicians Ireland will contact you directly to alert you to the problem, and also contact the designated college/correspondence tuition provider and require that they withhold distribution of the manual until full payment is made. Should you accept delivery of a manual where Realex has declined full payment then Accounting Technicians Ireland reserves the right to pursue payment through the normal civil courts.

3 USE OF THE WEBSITE

Unless otherwise specified, the Website and the Products for sale on the Website are for your personal and non-commercial use only and you may only download, display or print part of the Website for such use.

You agree not to use the Website for or in connection with any of the following activities:

(a) any purpose that is fraudulent, unlawful or prohibited by the Terms of Use; (b) in any manner which could damage, disable, overload, flood, mailbomb, crash or impair the Website or interfere with any other party's use and/or enjoyment of the Website. In particular, you will not post or transmit to or from the Website any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law; (c) transmitting material which may cause harm to Accounting Technicians Ireland’s or any other party's computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer's functionality or the operation of the Website; (d) harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam; (e) accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliate on in any way; (f) attempting to gain unauthorised access to the Website, or any accounts, computer systems and networks connected to any Accounting Technicians Ireland website, through hacking, password miming or any other means; or (g) harvesting or otherwise collecting by any means any program material or information (including without limitation email address or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of Accounting Technicians Ireland.

4 SECURITY

Accounting Technicians Ireland does not guarantee the security of any information transmitted to or from the Website. Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the internet and will not be liable to you or anyone else for any damages or otherwise in connection with any information sent by you to us or any information sent by us to you over the internet.

5 INTELLECTUAL PROPERTY RIGHTS

The information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, button icons, trademarks, service marks, trade names, logos and other materials and services found on the Website (collectively, the "Content") and the Products are protected by copyright, trademark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties. All proprietary rights, title and interest in and to the Content and the Products shall be and at all times and for all purposes remain vested in Accounting Technicians Ireland and/or its licensors (as the case may be). All rights not expressly granted hereunder are reserved to Accounting Technicians Ireland and/or its licensors (as the case may be).

Subject to your agreement to and compliance with these Terms of Use, you are hereby granted permission to access the Content from the Website solely for your own personal, non-commercial use, to view and browse through the Website, to bookmark or point to any page within the Website, to order, pay for and submit queries in respect of any Product, to print a single hard copy of the Content for your own personal reference, provided however that all copyright, trademark and other proprietary notices are left intact.

Unless specifically authorised by Accounting Technicians Ireland in writing to do so, you may not (i) create and submit computer programming routines or engines that are intended to generate multiple requests for any of the Content provided by the Website; (ii) create any frames at any other sites pertaining to the Website; or (iii) "deep-link" to the Website which means that you may not create, post, display, publish or distribute any link to the Website for any purpose. If you wish to undertake any of these activities, you must first contact Accounting Technicians Ireland to seek written permission.

6 INDEMNITY

You agree to indemnify and keep fully and effectively indemnified and hold Accounting Technicians Ireland, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers harmless from and against any and all liabilities, claims, demands, obligations, losses, expenses, damages, penalties, actions, judgments, suits and costs of any kind or nature whatsoever (including legal costs) resulting from any violation or breach by you of the Terms of Use.

7 AVAILABILITY

Although Accounting Technicians Ireland endeavours to ensure the Website is available at all times, there may be occasions when interruption to the Website may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Accounting Technicians Ireland shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.

You have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

8 LINKS TO THIRD PARTY WEBSITES

The Website contains links to third party websites. Accounting Technicians Ireland does not own or control such third party websites and only provides links to other locations on the Internet for information purposes. The fact that Accounting Technicians Ireland provides a link to a third party site does not mean Accounting Technicians Ireland endorses, authorises or sponsors that site. Accounting Technicians Ireland reserves the right at any time to terminate a link to a third party websites. Your use of third party websites is subject to the terms of use contained within each of those websites. Access to any third party websites through the Website is at your own risk. Accounting Technicians Ireland shall have no responsibility whatsoever for the accuracy of any information, data, opinions, statements made on any third party websites or the security of any link or communication with the websites. We have not verified the content of any such websites.

9 CHANGES IN THE TERMS OF USE

We may modify or terminate any facilities, services and/or Products offered through the Website from time to time, for any reason and without notice, and without liability to you, any other user or any third party. Any additions to, or enhancements of the Website and/or the Products, including the release of new Products, shall be subject to the Terms of Use. To the greatest extent permitted by applicable law, Accounting Technicians Ireland reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of the Website at its sole discretion, including the Terms of Use from time to time.

You should check the Website for any changes to the Terms of Use each time you access the Website. Your continued use of the Website will signify your acceptance of any revised Terms of Use.

10 OFFER, ACKNOWLEDGEMENT AND ACCEPTANCE

An order submitted by you constitutes an offer by you to us to purchase the Products (as identified by you in your order) via the Website subject to the Terms of Use and our subsequent acceptance.

In submitting your order, you warrant and undertake that any information provided by you when placing your order is up-to-date, accurate in all material respects and is sufficient for us to fulfil your order and that you have the legal capacity to enter into a contract. You are also responsible for keeping all such information (including your credit card details and any passwords given to you for the purposes of accessing the Website and/or purchasing the Products available on the Website) secure against unauthorised access. We will not be liable to you for any losses you may incur as a result of any unauthorised third party and/or any fraudulent use of your credit card on the Website.

When submitting an order, you will be asked to confirm that all of the details which you have given are correct. If you identify and wish to correct any input errors, please do so at that stage.

Acceptance of your order takes place once your credit card payment is accepted and an email confirmation has been issued by Accounting Technicians Ireland to the email address specified by you when making your order. We will not be responsible if you fail to receive a confirmation email as a result of your submitting an incorrect email address. You should review the email confirmation carefully to ensure that all details are correct. If you have any queries about or wish to correct any of your order details, you should contact the Accounting Technicians Ireland by email immediately. In particular, you should check that the delivery method for your Product is correct.

If you have any complaints about the quality of the Products or if your Products are any way defective, then you should contact Accounting Technicians Ireland, 47-49 Pearse Street, Dublin 2, Ireland or send an email to info@AccountingTechniciansIreland.ie

While Accounting Technicians Ireland will make reasonable efforts to facilitate the efficient processing of your order, your order may be rejected (without liability) if for any reason Accounting Technicians Ireland is unable to process or fulfil your order. In particular, and without prejudice to the generality of the foregoing, your order may be rejected (without any liability) if you are in breach of any of the Terms of Use or any additional Accounting Technicians Ireland terms and conditions. If your order is rejected, any prior payment that you may have made will be refunded, unless the reason for rejecting your order is due to your breach of the Terms of Use.

We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after acceptance of your order. We will use our reasonable commercial endeavours to provide you with copies on written request. We recommend that you print a copy of all such documents and the Terms of Use for your own records.

11 PRICING AND PAYMENT

Any prices, quotations and descriptions made or referred to on the Website are provisional, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.

We do not retain credit card information on our web servers after the transaction has been completed. Therefore you will need to enter your details each time you wish to purchase Products on the Website.

All prices stated on the Website are in euro or in sterling and unless otherwise specified are exclusive of VAT and any other applicable tax or duty and any delivery charges. The delivery charges are specified at the purchase page. No delivery charges shall apply if you choose to collect the Product from the Accounting Technicians Ireland. Accounting Technicians Ireland reserves the right to change prices and the delivery charges stated on the Website at any time and without notice.

Accounting Technicians Ireland accepts payment for Products by laser card and credit card (Visa, Mastercard, JCB, Electron and Delta) only. Accounting Technicians Ireland reserves the right to verify credit or debit card payments prior to acceptance of your offer.

12 DELIVERY OF PRODUCTS

When submitting your order, you will be asked to specify one of the following methods of delivery:

• you may collect your Product at Accounting Technicians Ireland head office at the address set out above; or
• you may request that the Product is posted to you at the address specified by you in your order.

If you wish to have the Products delivered to the mailing address specified by you, you acknowledge that we will charge a delivery charge for providing such services. This delivery charge will be set out at the "checkout" page of the Website. . No delivery charges shall apply if you choose to collect the Product from the Accounting Technicians Ireland.

When you are submitting an order, you will be asked to specify the delivery address for the Products. We cannot guarantee any specific delivery times or dates. If you have not received your Product within thirty (30) days of the date of the confirmation email, you are entitled to a refund of any monies paid in respect of that order (unless otherwise agreed).

In order to allow for efficient processing of your order, please ensure that the delivery address specified on our confirmatory email is correct and notify us immediately if it is incorrect. In the event that the Products you ordered are returned to Accounting Technicians Ireland because the delivery address is incorrect or inaccurate, or in the event that you fail to collect the Products, we retain the right to destroy or resell the Products without incurring any liability to you.

13 RIGHT OF CANCELLATION

If you are a consumer (i.e. if you are a natural person who, as regards a distance contract, is acting for purposes which are outside your trade, business or profession) then, under the European Communities (Protection of Consumers in Respect of Contracts made by Means of Distance Communication) Regulations, 2001, you have a right to cancel your contract for any reason without penalty. If you wish to cancel the contract you must do so within the following time limits (the "cooling off" period):

(a) for goods (e.g. Combined Companies Acts, Partnership Acts etc) - up to seven (7) working days after the date of delivery of the goods; and

(b) for services (e.g. subscriptions, tutorials etc) - up to seven (7) working days after the date we accept your order.

You acknowledge that if you purchase a service (as defined at (b) above) via the Website, the "cooling off" period does not apply to such services if the service begins within seven working days of the placing of your order.

If you wish to cancel the contract in such a way, you must send notice in writing to Accounting Technicians Ireland requesting cancellation of the contract within time limits set out above. Any returned goods must be unused and in the original packaging. You will be responsible for the direct cost of returning the goods to us. If you have paid in advance, you will be refunded within thirty (30) days of giving the cancellation notice.

All cancellation notices must be in writing (either by post or email) and should be addressed to the info@AccountingTechniciansIreland.ie at 47-49 Pearse Street, Dublin 2, Ireland or email us at info@AccountingTechniciansIreland.ie

14 RETURNS

If certain Products are unavailable we will refund the price paid by you for the Products (if any). You have rights under consumer legislation and nothing in these Terms of Use shall affect those rights. If a Product is defective, please contact Accounting Technicians Ireland at info@AccountingTechniciansIreland.ie without delay.

15 SUSPENSION AND TERMINATION

Accounting Technicians Ireland may at any time at its sole discretion, without notice to you, restrict, suspend or terminate your access to and/or use of the Website or any service forming part of the Website (including without limitation sale of the Products to you), wholly or partially and for any reason whatsoever, including without limitation, where you are in breach of these Terms of Use, or if Accounting Technicians Ireland cannot verify or authenticate any information which you submit to the Website, or if for any reason Accounting Technicians Ireland suspends or discontinues the Website and/or sale of the Products, or is unable to supply a Product to you. Accounting Technicians Ireland is not liable to you or any third party for any suspension or termination of your access to or use of the Website or unavailability of any Product or services. Accounting Technicians Ireland reserves the right to pursue all of its legal remedies upon breach by you of these Terms of Use. 16 WARRANTY All Product specifications, illustrations, drawings, particulars and other information on the Website or made available by us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same.

17 DISCLAIMERS

This clause limits our legal liability to you for your access to and use of the Website and your online purchase and use of the Products. You should read this clause carefully. You acknowledge that you have entered into the Terms of Use relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract. Nothing in the Terms of Use is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.

THE WEBSITE AND THE PRODUCTS ARE AVAILABLE TO ALL USERS "AS IS" AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND/OR THE PRODUCT ARE MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Accounting Technicians Ireland MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE PRODUCTS AVAILABLE ON THE WEBSITE (INCLUDING WITHOUT LIMITATION, THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE).

Accounting Technicians Ireland MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCOUNTING TECHNICIANS IRELAND ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF ACCOUNTING TECHNICIANS IRELAND , WHICH CORRUPTS OR EFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE WEBSITE.

ALL USE BY YOU OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES, SERVICE, MATERIALS OR PRODUCTS PROVIDED ON THE WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THE WEBSITE. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCOUNTING TECHNICIANS IRELAND AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO ACCOUNTING TECHNICIANS IRELAND WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACCOUNTING TECHNICIANS IRELAND SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

18 LIMITATION OF LIABILITY

This clause limits our legal liability to you for your access to and use of the Website and your purchase of Product from the Website. You should read this clause carefully. You acknowledge that you have entered into the Terms of Use relying on the limitations of liability stated herein and that those limitations are an essential basis of this contract. Nothing in these Terms of Use is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ACCOUNTING TECHNICIANS IRELAND NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE PRODUCTS OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY, EXEMPLARY OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAD BEEN ADVISED, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL ACCOUNTING TECHNICIANS IRELAND OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, power failures, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, civil disturbances, shortages of labour or materials, fires, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of third party.

No provision in these Terms of Use shall apply to limit Accounting Technicians Ireland’s liability arising from death or personal injury caused by Accounting Technicians Ireland’s negligence or for Accounting Technicians Ireland’s fraud.

19 PRIVACY STATEMENT

Accounting Technicians Ireland respects the privacy of individuals who access the Website. For full details of the manner in which Accounting Technicians Ireland uses cookies, the type of information we collect, how we use it, links to other Privacy Statementwebsites and under what circumstances we disclose information please read the which is hereby incorporated into and forms part of these Terms of Use.

20 JURISDICTION AND GOVERNING LAW

The Terms of Use shall be governed by and construed in accordance with the laws of Ireland, and you hereby irrevocably agree that the Courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use. 21 MISCELLANEOUS (a) Waiver

Any waiver of any provision of these Terms of Use must be in writing signed by Accounting Technicians Ireland to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future.

(a) Severability

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, then such provision shall be severed and the remainder of these Terms of Use shall continue in full force and effect.

(c) Entire Agreement

The Terms of Use govern your use of the Website and the purchase by you of any Products, superseding any prior agreements between you and Accounting Technicians Ireland relating to same. You acknowledge that in addition to the Terms of Use you may be subject to Terms of Use which apply when you purchase Product.

(b) Legality

Nothing contained on the Website is a promotion for any Products not authorised by law. Accounting Technicians Ireland respects and aims to protect third party intellectual property rights. If you believe that the Website or any Products available thereon constitutes or may constitute an infringement of a third party's intellectual property rights, please contact info@AccountingTechniciansIreland.ie immediately.