TERMS & CONDITIONS

 

http://www.apd.ie – “APD-All Projects & Developments Ltd”

 

 

 

A) PRIVACY

 

B) AGREEMENT BETWEEN USER AND WWW.APD.IE POLICY

 

 

 

 

 

 

 

 

 

 

 

A) PRIVACY POLICY

 

1 . I n t r o d u c t i o n

 

We at www.apd.ie respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2002. The purpose of this Website Privacy Policy 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 Policy you should not use this website.

By visiting this website, you are accepting the terms of this Website Privacy Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

 

2 . Ty p e s  o f  I n f o r m a t i o n  C o l l e c t e d

 

We retain two types of information:

 

• “Personal Data”

This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, user IP addresses in circumstances where they have not been deleted, clipped or anonymised, telephone number, credit card information. Such information is only collected from you if you voluntarily submit it to us.

 

• “Non-Personal Data”

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.

 

3 . P u r p o s e s  f o r  w h i c h  w e  h o l d  y o u r  I n f o r m a t i o n .

 

• Non-Personal Data:

 

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.

 

• Cookies:

This website uses “cookie” technology. A cookie is a little piece of text stored by the browser on your computer, at the request of our server. We may use cookies to deliver content specific to your interests and to save your personal preferences so you do not have to re-enter them each time you connect to our website - our cookies are not available to other websites. You are always free to decline our cookies, if your browser permits, or to ask your browser to indicate when a cookie is being sent. You can also delete cookie files from your computer at your discretion. Note that if you decline our cookies or ask for notification each time a cookie is being sent, this may affect your ease of use of this website.

 

• Personal Data

We will process any Personal Data you provide to us for the following purposes:

(a) to provide you with the goods or services you have ordered;

(b) to contact you if required in connection with your order or to respond to any communications you might send to us;

(c) to send you information about our activities, services or products that you have requested.

(d) We publish data related to projects and works without including names, phone numbers email adresses and house numbers. Our list of published works and projects can be accessed here.

 

Please note that www.APD.IE Website does not collect any credit card details. We use the services of Realex Payments for online transactions. All users are redirected to Realex Payments page for this purpose. For more information about Realex Payments, refer to www.realexpayments.com.

 

4 . D i s c l o s u r e  o f  I n f o r m a t i o n  t o  T h i r d  P a r t i e s

 

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 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 your order (in such circumstances, the third party is bound by similar data protection requirements). 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.

 

 

5 . S a l e  o f  B u s i n e s s

 

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 Policy 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.

 

6 . S e c u r i t y

 

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.

 

 

7 . U p d a t i n g , Ve r i f y i n g  a n d  D e l e t i n g  P e r s o n a l  D a t a

 

You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Data Protection Acts 1988 and 2002 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 make your request in writing to our contact us page.

 

8 . C h a n g e s  t o  t h e  We b s i t e  P r i v a c y  P o l i c y

 

Any changes to this Website Privacy Policy will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use Personal Data in a manner significantly different from that stated in this Website Privacy Policy, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.

 

 

 

 

B) AGREEMENT BETWEEN USER AND WWW.APD.IE

 

WWW.APD.IE Web Site is comprised of various Web pages operated by APD-All Projects & Developments Ltd. The WWW.APD.IE Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WWW.APD.IE Web Site constitutes your agreement to all such terms, conditions, and notices.

 

MODIFICATION OF THESE TERMS OF USE

APD-All Projects & Developments Ltd reserves the right to change the terms, conditions, and notices under which the WWW.APD.IE Web Site is offered, including but not limited to the charges associated with the use of the WWW.APD.IE Web Site.

 

LINKS TO THIRD PARTY SITES

The WWW.APD.IE Web Site may contain links to other Web Sites ("Linked Sites").

The Linked Sites are not under the control of APD-All Projects & Developments Ltd and APD-All Projects & Developments Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. APD-All Projects & Developments Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site. The WWW.APD.IE Web Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by APD-All Projects & Developments Ltd of the site or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the WWW.APD.IE Web Site, you warrant to APD-All Projects & Developments Ltd that you will not use the www.APD.IE Web Site for any purpose that is

unlawful or prohibited by these terms, conditions, and notices. You may not use the www.APD.IE Web Site in any manner which could damage, disable, overburden, or impair the www.APD.IE Web Site or interfere with any other party's use and enjoyment of the www.APD.IE Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the www.APD.IE Web Sites.

 

USE OF COMMUNICATION SERVICES

APD-All Projects & Developments Ltd has no obligation to monitor the Communication Services. However, APD-All Projects & Developments Ltd reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. APD-All Projects & Developments Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

APD-All Projects & Developments Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in APD-All Projects & Developments Ltd sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. APD-All Projects & Developments Ltd does not control or endorse the content, messages or information found in any Communication Service and, therefore, APD-All Projects & Developments Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized APD-All Projects & Developments Ltd spokespersons, and their views do not necessarily reflect those of APD-All Projects & Developments Ltd.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

MATERIALS PROVIDED TO www.APD.IE OR POSTED AT ANY www.APD.IE WEBSITE

APD-All Projects & Developments Ltd does not claim ownership of the materials you provide to APD-All Projects & Developments Ltd (including feedback and suggestions) or post, upload, input or submit to any www.APD.IE Web Site or its associated services (collectively "Submissions").

However, by posting, uploading, inputting, providing or submitting your Submission you are granting APD-All Projects & Developments Ltd, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your

Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The www.APD.IE WEBSITE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in APD-All Projects & Developments Ltd sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

LIABILITY DISCLAIMER

The term ‘Tradesmen/Professionals’ refers to all Tradesmen and Professionals registered with WWW.APD.IE Web Site.

The term ‘Users’ refers to all other visitors of the www.APD.IE Web Site.

The term ‘All Users’ refers to Tradesmen/Professionals registered with WWW.APD.IE Web Site and all other visitors.

APD-All Projects & Developments Ltd cannot guarantee that Tradesmen/Professionals are covered by an appropriate insurance policy.

Information provided by Users and by Tradesmen/Professionals will be verified to a certain extent by APD-All Projects & Developments Ltd; however APD-All Projects & Developments Ltd does not accept liability for the accuracy and validity of these information. It is the responsibility of the Users and Tradesmen/Professionals to verify the information transmitted by APD-All Projects & Developments Ltd.

APD-All Projects & Developments Ltd does not accept liability for:

-          Users and Tradesmen/Professionals’ actions or inactions.

-          Misuse and/or fraudulent use of WWW.APD.IE Web Site by All Users and/or other third parties

-          Any type of works provided by Tradesmen/Professionals

-          Any conflict arising between Users and Tradesmen/Professionals.


HOW DOES WWW.APD.IE WEBSITE WORK?

When registering with www.APD.IE, Tradesmen/Professionals can access APD Members'area by logging in with personal mobile number and password. Tradesmen/Professionals have a personal account within www.APD.IE Website. They can manage their personal details and view latest leads available. However Tradesmen/Professionals cannot change their names and mobile phone number. In order to change their phone number, Tradesmen/Professionals are requested to contact APD-All Projects & Developments Ltd. When Users request a quote, they requested to communicate contact details and the type of services that is sought. When we are satisfied that the quote seeker gave genuine details, we create a 'Job Lead'. We inform Tradesmen/Professionals with relevant profession and location of the new job lead by text messages (SMS) and by email. Up to 4 Tradesmen/Professionals can buy the job lead. Job lead prices vary from 1 euro to 20 euro depending on the nature and the value of the service requested. When Tradesmen/Professionals buy a lead, they obtain the quote seeker's details in order to bid for the works requested. The quote seeker also receives Tradesmen/Professionals's details. To buy job leads, Tradesmen/Professionals need to top up their account in advance, as they may do with their mobile phone.



TYPE OF MEMBERSHIP AND COSTS

Ordinary membership costs 80 euro. Web Page membership costs 150 euro. For any membership purchased, Tradesmen/Professionals are offered 60 euro of free job leads. For each Web Page membership purchased, a webpage creation and hosting is offered. The webpage will stay live as long as the member's account is positive. If a webpage membership account becomes 0Euro and remains unchanged for a period up to 3 months, APD-All Projects & Developments Ltd reserves the right to delete and cancel this particular account in its sole discretion, at any time after the 3-months period, and inform the account holder by email. In a general manner, APD-All Projects & Developments Ltd will observe a case per case review. A charge of 1.50 euro is applied to each top up payment in order to cover online transaction expenses. This charge does not apply to registration transaction.

ANNUAL FEE: From 1st June 2017, each member will be charged 20Euro on their registration date. The annual fee is to cover automated and non-automated text messages. The annual fee will be automatically deducted from the member's account. If the member's balance becomes negative after application of the annual fee, we will expect the member to top up his account with the appropriate amount to cover the fee and future job leads. If a member's account remains negative for a period up to 3 months, APD-All Projects & Developments Ltd reserves the right to take legal action in order to recover the monies due to APD-All Projects & Developments Ltd, to delete and cancel this particular account in its sole discretion, at any time after the 3-months period, and inform the account holder by email. APD-All Projects & Developments Ltd will observe a case per case review. In all other cases, if a member's account becomes 0Euro and remains unchanged for a period up to 3 months, APD-All Projects & Developments Ltd reserves the right to delete and cancel this particular account in its sole discretion, at any time after the 3-months period, and inform the account holder by email.


CANCELLATION

Tradesmen/Professionals may cancel their paid membership, prior to the expiry of the cancellation period (14 calendar days from the day on which membership is purchased). However partial or full refund of any paid membership cannot take place after tradesmen/professionals have purchased one or more job leads during the 14-days cancellation period, of after the personalized webpage has already been created in the case of a Web Page membership, in accordance with Part 4, 13.(2)(a)(i) of EUROPEAN UNION (CONSUMER INFORMATION, CANCELLATION AND OTHER RIGHTS) REGULATIONS 2013.
To exercise their right to cancel, tradesmen/professionals must inform APD-All Projects & Developments Ltd of their decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post or e-mail) within 14 calendar days of purchase of membership. Cancellation letter must state member's full name, address, mobile phone number, date of registration and declaration that no job lead was purchased during the 14 days cancellation period.


APD MEMBERS UNIQUE IDENTITY

Tradesmen/Professionals are authorised to request quotes. However as members of www.apd.ie website, they are advised that their names, mobile phone numbers and email addresses are associated together for security matters and to prevent abuses. For these reasons, when Tradesmen/Professionals request a quote using their mobile phone number and/or email address, their member details (name, mobile phone number, email address and postal address) will be retrieved automatically in the job lead.


MISCELLANEOUS

www.APD.IE website is operated Monday to Friday, from 9am to 6pm and Saturday from 10am to 12pm. Any quote lodged outside these hours will be processed on the next working day.

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WWW.APD.IE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. APD-All Projects & Developments Ltd AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WWW.APD.IE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WWW.APD.IE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION, THE WWW.APD.IE WEBSITE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY

OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WWW.APD.IE WEB SITE FOR ANY PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE WWW.APD.IE WEBSITE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WWW.APD.IE WEBSITE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WWW.APD.IE WEB SITE, WITH THE DELAY OR INABILITY TO USE WWW.APD.IE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WWW.APD.IE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WWW.APD.IE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APD-ALL PROJECTS & DEVELOPMENTS LTD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WWW.APD.IE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WWW.APD.IE WEB SITE.

 

TERMINATION / ACCESS RESTRICTION / NO REFUND

APD-All Projects & Developments Ltd reserves the right, in its sole discretion, to terminate your access to the WWW.APD.IE Web Site and the related services or any portion thereof at any time, without notice. . APD-All Projects & Developments Ltd has expenses when sending messages through mobile phones and when processing payments online, for these reasons and to prevent unsustainable abuses from All Users, membership fees and top-up payments are not refundable.

 

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of Ireland and you hereby consent to the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the WWW.APD.IE Web Site.

Use of the WWW.APD.IE Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and APD-All Projects & Developments Ltd as a result of this agreement or use of the WWW.APD.IE Web Site. APD-All Projects & Developments Ltd performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of APD-All Projects & Developments Ltd right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WWW.APD.IE Web Site or information provided to or gathered by APD-All Projects & Developments Ltd with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of

the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between All Users and APD-All Projects & Developments Ltd with respect to the WWW.APD.IE Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between All Users and APD-All Projects & Developments Ltd with respect to the WWW.APD.IE Web Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

It is the express wish to the parties that this agreement and all related documents be drawn up in English.