The terms and conditions of service ("TOS") of this website ("Site") are as set out below. The TOS have been created for the benefit of our users and ourselves and are offered to our users on the basis that they shall be accepted without condition or modification. By using this Site you signify that you accept the current TOS including the Privacy Policy posted on this Site.
All references to "we" or "SIMI" are intended to refer to The Society of the Irish Motor Industry and our associates.
1. Personal Information, Member Account Information & Security
In order to access the Members’ area of this Site you (the "User") shall be required to register your personal details on the web page. The details (referred to as “Personal Details”) required include your full name, postal address, email address, work phone and fax, mobile telephone number, the name of your company, the type of company and your position within the company as well as your SIMI membership number. Other Personal Information may be provided by non-simi members who use the Site such as through the “Contact Us” page or other section of the Site where the User can send emails, provide feedback or require information, You must ensure that the information you provide is true, accurate, complete and up-to-date. The User should inform the SIMI immediately of any changes in the Personal Information and ensure at all times that the Personal Information is true, accurate, complete and up-to-date.
2. User Account & Security
You shall also be asked to choose a password to protect your account. You shall be responsible for maintaining the confidentiality of your password. In addition, you shall be held responsible for any activities that may occur under your account. Should any unauthorised use of your password or account occur or any other breach of security known to the User it shall be your responsibility to notify SIMI immediately. SIMI shall not be liable for any loss that you may incur as a result of a third party, whether authorised or unauthorised by you, using your password or account. However the User may be liable for losses incurred by the SIMI as a result of someone else using or accessing the User’s password or account. You may not use another user’s account at any time.
We shall use your Personal Information in accordance with our Privacy Policy. You are advised to read our Privacy Policy to see how your Personal Information shall be collected and used. You should be aware that your Personal Information may not be secure at all times and third parties may find a way of accessing your Personal Information. SIMI accepts no liability whatsoever for any loss, damages or claims howsoever arising if a third party accesses your Personal Information.
We reserve the right at all times to disclose any of your Personal Information if required to do so by law, search warrant, or governmental request at our discretion, we acting at all times in good faith.
3. Modification of these terms of use & acceptance
We reserve the right to change the terms, conditions and notices of this Site. It is your responsibility to check the TOS on a regular basis to see any additional terms that may be added to the Site from time to time. The contents of this Site may be updated or altered from time to time without notice. Your continued use of this Site after any changes have been made to the terms and conditions constitutes acceptance of the additional terms.
4 Access to the Site
The User must provide all technological equipment required to access this Site including a computer and modem and must pay any telephone or other connection expenses that may arise as a result of using this Site. Access to the “Member Only” section of this Site shall be dependent on the User retaining membership of the SIMI.
5 No Unlawful or prohibited Use
You shall not use this Site for any unlawful purpose or any purpose prohibited by the TOS. You may not use this Site in such a way that it might damage the reputation of SIMI or in such a manner that it could disable, burden or impair the Site.
6. User Conduct
The User agrees not to use the Site to:
- Harass any other User.
- Collect or store other data about another User.
- Impersonate any entity within SIMI or misrepresent your affiliation with the organisation.
- Upload for commercial or private purposes any data, text, graphics or other materials (“Content”) that may infringe the intellectual property rights or proprietary rights of any party.
- Whether intentionally or otherwise, violate any national or international laws.
- Harvest any information or gain unauthorised access to the Site, other user accounts, or networks connected to the Site through hacking, password mining or other illegal means.
- Defame, abuse, harass, stalk or otherwise violate the legal rights of others or create a false identity for the purpose of misleading others.
- Interfere with or disrupt the Site or servers or networks connected to the Site or disobey any requirements, procedures, policies or regulation or networks connected to the Site.
- Upload, post or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially or ethically or otherwise objectionable.
7. Use of Site Services
The contents of this Site have been produced as a source of information only. The information has been prepared as carefully as possible from a number of sources. The information contained in the Site is believed to be accurate but we do not warrant or guarantee such accuracy. The contents of this Site should not be interpreted as a substitution for legal advice or financial advice. We take no responsibility for any inaccuracies or omissions on the Site. Users are advised to seek professional advice from the appropriate persons in the jurisdiction.
8. Statistics
The Statistics quoted on the Site are intended for reference purposes only.The SIMI makes no warranty as to the accuracy or reliability of any statistics and shall not be held liable for any imprecision contained therein.
9. Third Parties
Advertisements
We may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons and sponsorships. The User agrees that SIMI has the right to run such advertisements and promotions. User correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Site, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that SIMI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party on the Site.
Hyperlinks
This Site may contain images of and links to other web pages (“Linked Sites”). These Linked Sites are not under our control and the User agrees that the SIMI is not responsible for the content of any Linked Sites. The User further agrees that the SIMI does not control the content of any services supplied by third parties and the inclusion of the content does not imply endorsement of the third party by the SIMI or any association with that third party. Thus the User shall not be afforded the protection of these TOS on entering these Linked Sites. In addition, the inclusion of these Linked Sites does not mean that we endorse these Sites or are affiliated with them in any way and we take no responsibility for any loss that occurs as a result of using any services provided in these Linked Sites. We take no responsibility for any material in these Linked Sites that may cause offence to the User.
Third Party Competitions
The User’s correspondence with third parties regarding promotions or competitions that are entered into as a result of a hyperlink on this Site is a matter which is solely between the User and that advertiser or promoter. SIMI shall not be liable for any loss incurred or damage suffered whatsoever as a result of the User entering competitions or promotions or for non-delivery of prizes.
10. Information Required by Law
We are required by law to provide you with the following information:
(a) www.simi.ie is the website address of the Society of the Irish Motor Industry. SIMI can be contacted at the following email or postal addresses info@simi.ie or 5 Upper Pembroke Street, Dublin 2, Ireland.
The VAT number of SIMI is: IE0656762N
11. Intellectual Property
The User acknowledges that all trademarks, trade names, service marks, rights in any designs (whether registered or unregistered), applications for any of the foregoing, topography rights, know-how, including data specifications, drawings and instructions, rights protecting goodwill and reputation, database rights, copyright and other intellectual property rights (collectively known as “Intellectual Property”) in and relating to the SIMI Site are solely owned by SIMI unless stated otherwise.
The User may not reproduce, publish, transmit, distribute, display, modify, sell or exploit in any part of the Intellectual Property on this Site other than as permitted in accordance with the TOS.
12 Proprietary Rights to Content
The User acknowledges that Content including but not limited to texts, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or internet distributed, commercially produced information presented to the User by the Site or by third party advertisers or other Site Users may be protected by copyright, trademarks, patents or other proprietary rights and laws.
The User is granted a limited personal licence to use the Content and software on this Site for personal and non-commercial use only and provided that the Intellectual Property remains intact. In accordance with the limited licence granted by the TOS, the User may:
- Make one electronically stored transient copy of the webpages in the Site or
- Download to disk the Content of this Site for the purpose of private study
Any other use of the Content or software of the Site is strictly prohibited. The limited licence to use the Intellectual Property is conditional upon compliance with the TOS of the Site.
13. Indemnification
The User agrees to indemnify SIMI or defend (at the SIMI’s request), its affiliates, agents and employees against any claims made by any third party due to or arising out of the User’s reliance on information contained in this Site and to hold them harmless from any claim, demand, or damage (including reasonable legal expenses) asserted by any third party due to or arising out of the User’s use of or conduct on this Site, or the use or misuse by the User or third parties of the User’s account or password.
14. Monitoring
The SIMI has no obligation to monitor the Site but reserves the right to do so and to remove any content at its sole discretion.
15. Disclaimer of Warranties & Liability
The SIMI endeavours at all times to provide Users with the most accurate and up-to-date information but cannot guarantee this is always the case. The User relies on the information presented in this Site and uses the Site at his/her own risk.
The SIMI provides the Site on an "as is" and "as available" basis and expressly disclaims any warranties of any kind, insofar as permitted by law, whether implied, express or statutory, including but without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
The User should understand that any material downloaded or used from this Site is done so at its own risk and SIMI is not responsible for the User’s computer system or loss of data that results from the download of any material or data from the Site.
The SIMI makes no warranty that the Site will meet the User’s requirements, nor that the Site will be uninterrupted, timely, secure or error free, nor does the SIMI make any warranty as to the results that may be obtained from the use of the Site, nor as to the accuracy or reliability of any information obtained through the Site nor that defects in the Site will be corrected.
This Site contains general information on commercial, tax and legal issues. Please note that the information provided on the Site does not constitute legal, tax or commercial advice and if you require legal advice you are advised to consult a solicitor. No advice or information, whether oral or written, obtained by the User from the Site shall create any warranty not expressly made herein.
The SIMI shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) strict product liability, or otherwise, even if SIMI has been advised of the possibility of such damages arising out of or caused by the User’s use of the access to the Site.
SIMI do not accept any liability for any losses or claims arising from an inability to access this Site and does not warrant that this Site or the server that makes it available are free of computer viruses.
The SIMI shall not be responsible for the affect or results of the introduction or entry of any viruses into the Site.
16. Complaints Procedure
Any abuse of this Site, including but not limited to the violation of these TOS or any provision therein, or the infringement or misappropriation by any User, or a third party using a User’s computer, of any account or password to access and/or use the Site, or of any Intellectual Property of any person or entity, or the use or misuse by any User of another user’s password or account, should be reported immediately to the SIMI by email at info@simi.ie, or by post to 5 Upper Pembroke Street, Dublin 2, Ireland, or by telephone at 352-1-6761690.
17. Force Majeure
If the SIMI are unable to perform any of their obligations in these TOS for reasons beyond the SIMI’s reasonable control, SIMI shall have no liability to the User for failure to perform.
18. Severability
If any one or more of the terms of these TOS are found to be illegal, unenforceable or invalid, such term(s) may be severed from the TOS and the legality, enforceability and validity of the remainder of the TOS shall continue in full force and effect.
19. Waiver
Any waiver (express or implied) by either party of any breach of the TOS shall not constitute a waiver or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provisions and signed by a duly authorised officer of the waiving party. In particular but without prejudice the SIMI’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver or such a right or provision unless acknowledged by the SIMI in writing.
20. No Agency
Neither party is nor will it deemed to be an agent or a legal representative of the other party for any purpose. Neither party will be entitled into any contracts in the name of or on behalf of the other party and neither party will be entitled to pledge the credit of the other party in anyway or hold itself out as having authority to do so.
21. Titles
The section titles in the TOS are solely used for convenience of the parties and have no legal or contractual significance.
22. Governing Law
These TOS are governed by the laws of Ireland. All advice and information contained in the Site is particular to the Irish legal system and legal framework. By using this Site the User consents to the exclusive jurisdiction of the Irish courts in all matters surrounding the Site. The TOS shall for all purposes be interpreted in accordance with the laws of Ireland. The place of performance of the TOS shall be Ireland.