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Terms and Conditions

Carr & Day & MartinTerms and Conditions

WEBSITE BROWSER TERMS AND CONDITIONS

These Website Browser Terms and Conditions provide information about us and the legal terms and conditions (“Terms”) while using our website www.carrdaymartin.com and any other subdomains of our website www.carrdaymartin.com which you may use and/or access (the “Website(s)”).

Use of our Website(s) is also subject to our Privacy Policy and Cookie Policy.

Latest Amendments: [28th March 2022]

1. Website

  • These Terms will apply to our Website(s). Please read these Terms carefully and make sure that you understand them, before proceeding with it. By accessing or using the Website(s), you confirm that you have read, understand and accept the terms, and are agreeing to comply with these Terms. If you are using or accessing the Website(s) on behalf of your firm or organisation, you confirm that you have the legal authority to bind them to these Terms.
  • If you do not agree with these Terms you must not access or use the Website(s).
  • You should print a copy of these Terms or save them to your computer for future reference.

2. Use of our Website(s)

  • The Website(s) are made available free of charge. We do not guarantee that the Website(s), or any content on them, will always be available or be uninterrupted. Access to the Website(s) is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website(s) without notice. We will not be liable to you if for any reason the Website(s) are unavailable at any time or for any period.

3. Who we are

  • William Connolly & Sons Unlimited Company trading as Connolly’s RED MILLS (“we” or “us”) owns and operates this Website(s). We are registered in Ireland as an unlimited liability company under company number 16517 and we have our registered office at Goresbridge, Co. Kilkenny, Ireland. Our VAT Number is IE8Y25100S.
  • To contact us, please see our Contact Us page.

4. Amendment of Terms & Right to Vary these Terms

  • We may revise these Terms from time to time, including (but not limited to) in the following circumstances:
  • changes in relevant laws and regulatory requirements; and
  • changes in how we operate this Website(s).

5. Our Products

  • The images of the products on our Website(s) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
  • The packaging of the Products may vary from that shown on images on our Website(s).
  • All Products shown on our Website(s) are subject to availability which can vary from country to country.

6. How we use your Personal Information

  • 6.1 We only use your personal information in accordance with our Privacy Policy and Cookies Policy. Please take the time to read these notices, as they include important terms which apply to you.

7. Intellectual Property Rights

  • We are the owner or licensee of all intellectual property rights in the Website(s) and in the material published on it, including text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression, and ‘look and feel’ of the Website(s) (together, “Our Content”). All of these rights are protected by copyright and other intellectual property laws around the world. All rights are reserved to the relevant owner or licensee of those works. No licence is granted to you in these Terms or elsewhere to use any trade mark owned by us or any of our affiliates.
  • You must not alter, reproduce, republish, sell, disseminate, distribute, transmit, broadcast or commercially exploit any part of Our Content or the design or look and feel of the Website(s), unless we agree in writing in advance. You must not store, link, frame, scrape or deep-link Our Content on any other website or app or in any other medium or format unless we agree in writing in advance.
  • You must always acknowledge our status and that of any identified contributors as the authors of material on the Website(s).
  • We are entitled to investigate any suspected or actual improper, illegal, or unauthorised use of Our Content or the Website(s) (or any part of them) and we are entitled to take any legal action we deem appropriate.

8. Liability

  • You should read this paragraph entitled “Liability” carefully as it excludes and limits our legal liability in connection with your use and access of the Website(s). Nothing in these Terms excludes or limits our liability for fraud or in any way not allowed by applicable law.
  • The Website(s) have not been developed to meet your individual requirements. We provide the Website(s) for general information purposes only and you should not rely on information or results obtained from the Website(s) or use them as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You should obtain professional or specialist advice before acting or omitting to act based on information or results obtained from the Site. Any reliance on the material on the Website(s) is at your own risk.
  • We aim to ensure that the Website(s) and Our Content is accurate at the time of publication, however, the Website(s) or its content or features may change from time to time. We are under no obligation to update the Website(s) or Our Content. To the fullest extent allowed by applicable law, the Website(s) and Our Content are provided on an ‘as is’ and ‘as available’ basis and without any warranties, guarantees, undertakings or representations, whether express, implied, statutory or otherwise, with respect to merchantability, fitness for a particular purpose, non-infringement, availability, compatibility, security, accuracy or any other matter. Like other organisations that operate online, we cannot and do not guarantee that: (a) the Website(s) (or any part of them), or any of Our Content, will always be available, accurate, complete, current, uninterrupted, error-free, timely, or that defects will be corrected; or (b) the Website(s) or Our Content or the networks or servers that make them available will be secure or free from viruses, bugs, malware, other harmful elements or omissions.
  • As we provide access and use of the Website(s) free of charge, to the fullest extent allowed by applicable law, we and our affiliates and business partners and our and their respective directors, officers, employees, affiliates, agents, contractors, suppliers or licensors are not liable for:
    • any direct, indirect or consequential loss or damage; or
    • any corruption or damage to equipment, property or systems; wasted management or office time; any business interruption; or any loss of profits, income, revenues, goodwill or reputation, data, contracts, use, opportunity, business, anticipated savings or any similar losses or damages; or
    • any other loss or damage of any kind, however arising, even if foreseeable,

arising out of or in connection with the Website(s), any of Our Content, these Terms, or from use of, or inability to use, the Website(s) (or any part of them) or the information displayed on it (including any errors, inaccuracies or omissions in that information) or any faults, interruptions or delays in connection with the Website(s).

  • For any liability which cannot lawfully be excluded but can be limited, our total aggregate liability will not exceed €20 (twenty euro).
  • The limitations and exclusions in these Terms apply to every liability arising under or in connection with these Terms whether in contract, tort (including negligence), statute, misrepresentation, restitution or any other legal theory.
  • If you are a consumer user you have certain rights that cannot be excluded by contract; these Terms do not limit or affect any of those rights that cannot be excluded by contract.

9. Competitions

  • Entrants must be aged 18 years or older as at date of entry and a resident of the Republic of Ireland or United Kingdom in order to qualify as the prize winner.
  • The prize is non-transferable and there is no cash alternative to non-cash prize elements (either in part or whole).
  • Our decision in relation to selection of prize winner(s) is final and no correspondence will be entered into.
  • In the event of any dispute regarding the rules, conduct or the results of a competition our decision will be final.
  • Use of a false name or address by a competition entrant will disqualify them from receiving any prize.
  • Unless otherwise stated, all taxes, insurance and related fees and surcharges on any prize are the sole responsibility of the winner.
  • Where a prize is to be provided by a third party, we accept no responsibility whatsoever for the supply or non-supply or purported supply or delay in supply of the prize, including without limitation, the failure of the winner to receive ownership of or use the prize.
  • Acceptance of the prize constitutes permission to use the relevant winner’s name, hometown and likeness for purposes of advertising, promotion or publicity in any media without additional compensation and prize winners agree to take part in such related promotional activities as we and/or the promoter(s) may require.
  • Prizes not claimed within specified time limit will be deemed to have been forfeited and we may dispose of such prizes without any liability to the winner.
  • Participation in our competitions denotes acceptance of these terms and conditions and any additional competition specific terms and conditions which may be advertised.

10. Viruses & Hacking

  • You must not misuse our Website(s) by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website(s), the server on which our Website(s) are stored or any server, computer or database connected to our Website(s).
  • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website(s) or to your downloading of any material posted on it, or on any Website(s) linked to it.

11. Linking to our Website(s)

  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link from any website that is not owned by you.
  • Our Website(s) must not be framed on any other site, nor may you create a link to any part of our Website(s) other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must not contain any material which is defamatory, obscene, offensive, inflammatory, distasteful, controversial, sexually explicit or which infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

12. Reservation of Rights for links to our site shared.

  • We reserve the right to request that you remove all links or any particular link to our Website(s). You approve to immediately remove all links to our Website(s) upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website(s), you agree to be bound to and follow these linking terms and conditions.

13. Links from other sites

  • Where our Website(s) contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. Other important information

  • Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
  • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  • If you are a consumer who is resident in the European Union and you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/.This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

15. Jurisdiction and Applicable law

  • The Irish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website(s) although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Irish law.
  • You can bring proceedings in respect of these Terms in the Irish courts. If you are a consumer who is resident in Ireland or the European Union, you may bring any dispute which may arise under these Terms to – at your discretion – either the Irish courts, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court – competent to settle any of such a dispute.
  • If you are a consumer who is resident in Ireland or the European Union and we direct this Website(s) to (and/or pursue our commercial or professional activities in relation to the Website(s) in) in Ireland or the EU Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

16. Variations to TERMS

  • We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website(s).

17. Complaints

  • We take all complaints very seriously. If you have a cause for complaint, then please contact us here.

18. Contacting the Website(s)

  • If you have any questions, requests or complaints regarding these Terms, please contact us at:

Email: [email protected]

Registered Office: William Connolly & Sons, Goresbridge, Co. Kilkenny, Ireland

19. Language Translations

  • These terms are entered into in the English language. Where these terms are translated into another language other than English (for the purposes of local law compliance or otherwise) then the English language version of these terms shall take precedence. In the case of conflict or ambiguity between the English language version and the non-English language version, the English language version shall prevail.