TERMS AND CONDITIONS

Website Terms and conditions

a)      In these Terms of Use, references to we, us or our (or words of similar import) means Blk Dog Barkery.

b)      In these Terms of Use, references to you means the person accessing and using the Website (as defined below). If you use this Website on behalf of a company, organisation or other entity, then

i)        you includes you and that company, organisation or other entity, and

ii)       you represent and warrant that you are authorised to bind the company, organisation or other entity to these Terms of Use, and that you agree to these Terms of Use on behalf of yourself and the company, organisation or other entity.

c)       This website blkdog.ie is operated by us. These Terms of Use set out the basis on which you may make use of our Website. By accessing and using our Website, you are indicating your acceptance of these Terms of Use and you agree to comply with them. If you do not agree to these Terms of Use, you may not use this Website.

d)      The supply of any goods, products or services you order from the Website is subject to our applicable Terms and Conditions of Sale and Supply and any other relevant terms and conditions.

e)      We reserve the right to change these Terms of Use from time to time without prior notice by changing them on this Website. The Terms of Use applicable to your use of our Website will be those in force at the time you access the Website.

f)      Blkdog.ie website is hosted by Wix. By purchasing in this website you also have the adhere to Wix's Payments Terms of Service

Website usage

a)      We do not guarantee that the Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of this Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt this Website or any computer system, server, router or any other internet-connected device associated with this Website. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack, a distributed denial-of service attack or otherwise.

b)      You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. You also understand that we cannot and do not guarantee or promise that any content on this Website (including Material (as defined below)) will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

c)       From time to time, we may restrict access to certain features or parts of the Website, or the entire Website. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

d)      We reserve the right, in our discretion, to withdraw, suspend or modify this Website or certain features or parts of this Website with or without notice to you. There may also be times when this Website or certain features or parts of this Website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, suspension, modification, unavailability, inaccessibility or discontinuance of this Website or any service available on or through this Website.

e)      You must not use this Website for any activities that breach any laws, infringe any person’s rights, or breach any standards, content requirements or codes published by any relevant authority. You must use this Website and the information available from this Website responsibly. You must not use this Website or the information available from this Website for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

f)       You must not use this Website in any way that interferes with our systems, other users in particular this website must not be used by you in any way that  harasses, menaces or harms anyone.

g)      You must not use this Website to make any speculative, false or fraudulent orders.

 

Content

a)      This Website is updated regularly, and content may change without notice. We are under no obligation to keep the Material up to date, and you acknowledge that it may be out of date at any given time. Material on the Website is not intended to amount to advice or authority on which reliance should be placed. We make no promise and give no assurance that any information is accurate, complete or up to date. To the extent permitted by law, we accept no liability or responsibility for any loss, damage or injury arising as a consequence of any reliance placed upon the Material, whether by a visitor to the Website or by anyone who may be informed of its contents.

b)      Without limiting paragraph a) above this Website may from time to time contain guides and instruction that are provided for general information and background purposes only. The guides should not be relied upon as professional advice or as the sole source of information.

Liability

a)      If you are acting as a consumer

b)      If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your use of our Website, to the extent not prohibited by law, we accept no liability for any:

i)        loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or

ii)        if it was contemplated by you and us at the time you started to use our Website);
loss which arises when we are not at fault or in breach of these Terms of Use;

iii)     and business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

c)       If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these Terms of Use is intended to limit your legal rights as a consumer.

d)      If you are acting as a business user

e)      If you are acting in the course of a business, trade or profession) in your use of our Website (a business user), we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) and offer no promises or assurances in relation to the Website or its content (including the Material), to the fullest extent such liability, promises and assurances can be excluded by law, and to the fullest extent permitted by law, all promises, assurances and other terms implied by law are excluded. For the avoidance of doubt, we shall have no liability to compensate you in relation to your use of the Website or its content (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise), except for any refund we make under any other agreement between us or otherwise at our discretion.

f)       If you are acting as a business user in your use of our Website, without prejudice to the preceding paragraph, we accept no liability (whether arising in tort (including negligence), contract, for breach of statutory duty or otherwise) for any of the following losses:

i)         loss of data, loss of revenue, sales, income or profits, loss of business, loss of opportunity, loss of use or production, business interruption, contracts, goodwill or reputation (in each case whether direct or indirect); or any indirect or consequential loss.

g)      If you are acting as a business user in your use of our Website, you will indemnify us from and against all actions, claims, suits, demands, liabilities, losses, costs and expenses arising out of, or in any way connected with, use of this Website by you or any other person using your login information.

h)      Liability provisions that apply whether you act as a consumer or business user.

i)        We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

j)        We will not be liable for the accuracy and suitability of (i) design tools on this Website and (ii) designs, plans or other similar materials created using this Website or the design tools hosted on it. We recommend that you have a survey, whether carried out by us or a third party, before carrying out any work based on such design tool, designs, plans or similar materials. You (or your installer if you have engaged one) must ensure that any goods (including their dimensions) and/or services that you purchase based on such design tool, designs, plans or similar materials are appropriate for your project.

k)      Nothing in these Terms of Use excludes or limits our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited under applicable law