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Terms and Conditions
Terms and Conditions
Important Legal Notice
Your use of this website is
subject to our terms and conditions of use set out below, and by completing the
registration process you are agreeing, and you are signifying your agreement,
to be bound by these terms and conditions. If you do not read our terms and
conditions of use you should not use this website.
TERMS AND
CONDITIONS OF USE
Allied Irish Banks Plc ("AIB" or "we") reserve the right to change
the content, presentation, performance, user and facilities and availability of
any part of this website at its sole discretion, including these terms and
conditions of use, and you should check these terms and conditions of use
regularly for any changes. - Occasionally AIB may
Change the technical specifications of the web site or any portion
thereof; or Suspend the website or any portion thereof for operational reasons
such as repair, maintenance or improvement of the website or any portion
thereof or because of an emergency; or Change the system resource limits applicable to your use of the
website or any portion thereof.
- You may not use the AIB website to engage in activities which:
infringe the proprietary or intellectual property rights of AIB
and/or its licensors and/or third parties; - compromise the privacy of others;
- are immoral, illegal or advocating of illegal activity;
- destroy the integrity of any data or other computer based
information;
- violate local, state, or national laws of any country;
- impersonate another person.
You hereby agree to indemnify
and hold harmless AIB against any claims, proceedings and actions taken and all
damages (including costs) that may be awarded or agreed to be paid to any third
party in respect of any claim or action arising as a result of your breach of
this condition.
The information, content, graphics, text, sounds, images, buttons,
trade marks, service marks, trade names and logos (the "Materials") contained
in this website are protected by copyright, trade mark, database right, sui
generis right and other intellectual property laws, under national laws and
international treaties. You are granted a limited licence solely for
your own personal, non-commercial use to refer to, bookmark or point to any
page within this website, and to download the Materials contained on this
website to a single personal computer, and to print a single hard copy of the
Materials contained on this websit for your own personal reference, provided
however that all copyright, trade mark and other proprietary notices are left
intact. The grant of this limited licence is conditional on your agreement to,
and compliance with, all of these terms and conditions of use. Any other use of
the Materials on this website, including any form of copying or reproduction
(for any purposes other than those noted above) modification, distribution,
re-publication, extraction, re-utilisation, incorporation or integration with
other materials or works or re-delivery using framing technology, without the
prior written permission of AIB, is strictly prohibited and is in violation of
the proprietary rights of AIB. Other rules may apply to certain software and
other items provided as part of this website. Any special rules will be listed
as "legal notices" on our website and are incorporated into these terms and
conditions by this reference. All software that is made available for
downloading from our website ("Software") is protected by copyright and may be
protected by other rights. You may only use such Software for the purposes of
using this website, and may not copy, reproduce, distribute or create
derivative works based on the Software. Except as expressly permitted by
applicable law, you agree not to dissemble or otherwise reverse engineer any of
the Software for any reason, or permit any third party to do so. The use of
such Software may also be governed by the terms in the software licence
agreement or applicable "legal notice" accompanying such Software. The
downloading and use of such Software is conditional on your agreement to be
bound by the terms of the relevant software licence agreement or designated
"legal notice". Hypertext links to this website are
prohibited without the consent of AIB. "fxcentre", "fxcentre pro" and "aibdealer.com" are trade marks of
AIB. All other trade marks, service marks, trade names and logos
contained in this website belong to their respective owners. AIB and/or its licensors (as the case may be)
retain all right, title, interest and intellectual property rights in and to
the Materials and the Software. Nothing in these terms and conditions of use
shall be construed as conferring by implication, estoppel or otherwise, any
licence or right under any copyright, patent, trade mark, database right, sui
generis right or other intellectual property or proprietary interest of AIB,
its affiliates or any third party. In accessing this website, you do so at your
own risk and on your own initiative, and are responsible for compliance with
local laws, to the extent any local laws are applicable. Use of this site
and/or services offered by way of this site may be unlawful under the laws of
the applicable jurisdiction pertaining to such conduct and (whether or not
unlawful) constitutes breach of these terms and conditions and may result in,
amongst other penalties, immediate termination of your right to use this
website. These terms and conditions of use shall be
governed by and construed in accordance with the laws of Ireland, and you
hereby agree for the benefit of AIB, and without prejudice to the right of AIB
to take proceedings in relation to these terms and conditions of use before any
other court of competent jurisdiction, that the courts of Ireland shall have
jurisdiction to hear and determine any action or proceedings that may arise out
of or in connection with these terms and conditions of use, and for such
purposes you irrevocably submit to the jurisdiction of such courts. Any waiver of any provision of these terms
and conditions must be in writing and signed by AIB to be valid. A waiver of
any provision hereunder shall not operate as a waiver of any other provision,
or a continuing waiver of the same provision in the future. If any court of
competent jurisdiction finds any provision of these terms and conditions to be
void or unenforceable for any reason, then such provision shall be ineffective
to the extent of the court's finding without affecting the validity and
enforceability of any remaining provisions. These terms and conditions
represent the entire understanding and agreement between you and AIB relating
to use of this website, and supersede any and all prior statements,
understandings or agreements whether oral or written, and shall not be modified
except in writing, signed by you and by AIB.
SOFTWARE LICENCE
AGREEMENT
If you desire to use the facilities and/or
avail of the services offered by way of this site, you will need to download
and install certain Software. By downloading the Software, you agree to be
bound by these terms and conditions governing the use of this site, including
but not limited to the terms of the Software licence set out herein. If you do
not agree to all of these terms and conditions, including but not limited to
those set forth in this Software licence, do not download any of the Software,
and if you have already downloaded it, promptly delete it from your computer
system. Pursuant to and subject to these terms and conditions, AIB and/or its
licensors hereby grant to you a non-exclusive right to use the Software in
executable code form and any documentation related thereto (the
"Documentation") for so long as such use is in compliance with these terms and
conditions and further subject to the following:-
(a) the Software and
Documentation may be used in connection with the use of the facilities and/or
purchase of goods and/or services made available via this site;
(b) You shall not, and shall not
permit any other person, to alter, modify or adapt the Software or
Documentation, including but not limited to translating, decompiling,
disassembling or creating derivative works thereof;
(c) You shall not and shall not
permit any other person to copy the Software or Documentation and User shall
not, and shall not permit any other person, to give, loan, rent or sub-licence
the Software or Documentation;
(d) Upon termination, this
Software Licence Agreement shall automatically terminate and User shall
immediately cease the use of any Software and Documentation, and User shall
properly delete all copies thereof in User's possession, custody and/or
control, in whatever form embodied; and
(e) No rights are granted with
respect to any source code form of any of the Software.
The User’s right to use the Software and Documentation shall
automatically terminate if User fails to comply with any of the terms and
conditions governing the use of this site. AIB and /or its licensors retain all rights to the Software not
expressly granted.
DISCLAIMERS
All use by you of this website is at your own risk. You assume
complete responsibility for, and for all risk of loss resulting from, your
downloading and/or using of, or referring to or relying on, Materials,
Software, or any other information obtained from your use of this website. You
agree that AIB and providers of telecommunications and network services (web
site designers and web site facilities providers) to AIB will not be liable for
damages arising out of your use or your inability to use this website and/or
any services, and you hereby waive any and all claims with respect thereto, and
whether based on contract, tort or other grounds. This website is available to all users "as is" without any
representations or warranties of any kind, either express or implied. To the
greatest extent permitted by applicable law, AIB excludes any warranty express
or implied, statutory or otherwise as to the quality, accuracy, timeliness,
completeness, merchantability or fitness for a particular purpose of the
Materials, Software and/or materials, goods, facilities and/or services
advertised or accessed via this website. Any content or information received on or via this website should not
be relied on for important personal, financial or business decisions, and you
should consult an appropriate professional for advice which is specifically
tailored to your particular circumstances. Nothing in this website constitutes
or should be deemed to constitute an invitation to invest or otherwise deal. We
acknowledge and understand that AIB may have opinions from time to time with
regard to any of the content of or the information on this website which may be
different from those obtained by using or accessing the content of and
information on this website, and that AIB is not advising you in relation to
the nature, potential value or suitability of any particular asset or security,
portfolio of assets or securities, transactions, investment strategy or other
matter, and that no mention of a particular asset or security on this website
constitutes a recommendation to buy, sell or hold that or any other asset or
security. Content and information received via this website is supplied by
sources believed to be reliable. However, calculations made using such data,
and opinions expressed in relation to such data, are not guaranteed by these
sources, AIB or any other person or entity, and may not be complete. AIB makes no representations, warranties or undertakings that this
website, or the server that makes it available, will be free from defects,
including, but not limited to viruses or other harmful elements. AIB expressly
excludes liability for any infection by computer virus, 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 AIB, which corrupts or affects the
administration, security, fairness and integrity or proper conduct of any
aspect of this website. AIB makes no representations, warranties or undertakings about any
content of or information on any other website referred to or accessed by
hypertext link through this website or from which this website is referred to
or accessed by hypertext link ("third party site"). AIB does not endorse or
approve the content of any third party site, nor will AIB have any liability in
connection with any third party site (including but not limited to liability
arising out of any allegation that the content of or information on any third
party site infringes any law or the rights of any person or entity). No
judgment or warranty is made with respect to the accuracy, timeliness or
suitability of the content of any third party site, and any and all liability
which might arise out of, or in connection with, your use or reliance on the
content of or information on, or the performance of, any third party site is
excluded. Nor can AIB guarantee that the controller of any third party website
will respect your privacy in the same manner as AIB. When you place an order for the purchase of goods and services on
third party websites, your contractual relationship will be with the merchant
selling those goods or providing those services and will be subject to the
terms and conditions, if any, made available to you by the merchant. AIB will
not be a party to any such contract and accepts no responsibility for
non-delivery or delayed delivery of any such good or service (whether in whole
or part) whether as regards the nature, quality or merchantability of such good
or service, the fitness for the purpose for which they have been sold or for
any other purpose.
LIMITATION ON
LIABILITY
To the fullest extent permitted
by applicable law, neither AIB nor any of its directors, employees, servants,
agents, affiliates or other representatives and/or their respective parent and
subsidiary companies will be liable for loss or damages arising out of or in
connection with your use of, or your inability to use, the Materials, Software,
the services and/or facilities or other services offered through this website,
including, but not limited to, indirect or consequential loss or damages, loss
of data, income, profit or opportunity, loss of or damage to property and
claims of third parties, even if AIB has been advised of the possibility of
such loss or damages, or such loss or damages were reasonably foreseeable. In
no event shall our liability to you exceed IR£1000.00. In using this
website, you are agreeing, and you are signifying your agreement, to be bound
by this limitation on the liability of AIB.
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