This website (“the Website”) is operated by Benamic (“Benamic“), a company incorporated under the laws of Ireland (company number: 476077) and whose registered address is IDA Business and Technology Park, Ring Road, Kilkenny Ireland.

Please read these Website Terms and Conditions (“Terms”) carefully before using the Website. By accessing any part of the Website, you shall be deemed to have accepted these Terms in full, regardless of whether or not you choose to enter any promotion offered on the Website. If you do not accept these Terms, you must leave the Website immediately. Benamic may revise these Terms at any time by posting an update on the Website. Your continued use of the Website after any such change constitutes your acceptance of the new Terms and are binding. You should therefore check the Website from time to time to review the current Terms.

These Terms were last updated in June 2020.

Website access.

Whilst Benamic endeavours to ensure that the Website is available 24 hours a day, it shall not be liable if, for any reason, the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.

Website content.

All content on the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Website Content“), are the property of Benamic, its users or its licensors, with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Benamic’s prior written permission, except that the foregoing does not apply to your own information that you legally post on the Website (“Your Content”).

Except for Your Content, you may not upload or republish Website Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Any use of the Website or the Website Content other than as specifically authorised herein, without the prior written permission of Benamic, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

You acknowledge that, whilst Benamic endeavours to ensure that the Website Content is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Benamic. You acknowledge that the Website Content should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision. Finally, you acknowledge that some of the Website Content may be supplied by third parties and the accuracy and completeness of it will not have been checked by Benamic.

Benamic will use reasonable endeavours to ensure that the Website and the Website Content do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code.

Your content.

By submitting Your Content you grant Benamic the right to use Your Content and all data, images, sounds, text and other things embodied therein at Benamic’s discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove Your Content from the Website.

You are prohibited from posting or transmitting to or from the Website, or to Benamic directly, any content:

1. That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

2. For which you have not obtained all necessary licences and/or approvals; or

3. Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights (including intellectual property rights) of any third party, in any country in the world; or

4. Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking).

Benamic shall fully co-operate, at its discretion, with any law enforcement authorities or court order requesting or directing Benamic to disclose the identity or locate anyone posting any material in breach of these Terms.

Benamic reserves the right (but not the obligation) at its sole discretion to refuse or remove Your Content that is posted to, or available on, the Website without the need to give any reasons for doing so. If you object to the publication of any material placed on the Website please contact Benamic at the email address info@benamic.com and we will take whatever action we deem appropriate.

Intellectual property.

Benamic graphics, logos, designs, page headers, button icons, scripts and service names are the intellectual property rights of Benamic or its licensors. Benamic intellectual property rights may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Benamic.

Introduction.

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Benamic has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Benamic therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

1. You do not remove, distort or otherwise alter the size or appearance of the Benamic logo or other trademarks;

2. You do not create a frame or any other browser or border environment around the Website;

3. You do not in any way imply that Benamic is endorsing any products or services other than its own;

4. You do not misrepresent your relationship with Benamic nor present any other false information about Benamic;

5. You do not otherwise use any logos or trademarks displayed on the Website without express written permission from Benamic;

6. You do not link from a website that is not owned by you; and

7. Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

Benamic expressly reserves the right to revoke the right granted in this clause for breach of these Terms and to take any action it deems appropriate.

You shall fully compensate Benamic for any loss or damage suffered by Benamic or any of its group companies for breach of this clause.

Registration for promotions.

To access certain parts of the Website, Benamic may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. When you register you also agree to:

1. Provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”); and

2. Contact us at info@benamic.com in the event that you wish to update your Registration Data.

Each registration for a Promotion on the Website is for a single user only. Where you are provided with a password, Benamic does not permit you to share your user name and password with any other person nor with multiple users on a network.

Liability.

Nothing in these Terms shall exclude or limit Benamic’ liability for:

1. Death or personal injury caused by the negligence of Benamic; or

2. Fraudulent misrepresentation by Benamic and/or its employees.

Benamic’ liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with and/or these Terms shall be limited in aggregate to five hundred euro (€500) per event.

Privacy policy.

The provision of personal information by you and use of it by Benamic is subject to the Benamic Privacy Policy, which is available on the Website.

Promotion rules.

The rules in this clause together with any specific rules (the “Additional Rules”) provided by the promotion organiser (“Promotion Organiser”) for whom Benamic is running the promotion (together the “Rules”) apply to all promotions operated by Benamic on the Website, including free draws and prize competitions (each a “Promotion”).

All entrants to a Promotion must comply with any age and/or other eligibility requirements set out in the Rules (e.g. in relation to residency and (where the prize includes travel outside Ireland and/or car hire) holding a valid passport, visa and/or driver’s licence). Proof of age may be required before a prize-winner can claim a prize. The eligibility of any entrant is at the sole discretion of Benamic and the Promotion Organiser. Employees and agents of Benamic and its associated companies (including the families of such employees and agents) are not eligible to enter Promotions.

All entries must be made in accordance with the Rules and must be received by Benamic by the closing date. Entries made otherwise shall be invalid. Benamic accepts no responsibility or liability for any lost, damaged or incomplete entries and all such entries will be deemed invalid. Proof of dispatch shall not be proof of entry.

Unless the Additional Rules specify otherwise, entries shall not be returned to entrants.

Benamic reserves the right at its sole discretion to (without prior notice):

1. Cancel the Promotion; and/or

2. Substitute the prize(s) for another prize of equal value.

Prize-winners will (unless specified otherwise in the Additional Rules) be chosen at random by an independent judge from all qualifying entries. In all matters, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.

Prizes/Gifts are non-transferable, non-negotiable and no cash alternatives will be offered.

Prize-winners will receive their prize within 8 weeks of notification unless otherwise specified in the Additional Rules. The terms and conditions of any third party supplier may apply and must be accepted and complied with by a prize-winner to accept the prize.

Benamic will not be liable if any free gifts/prizes do not reach entrants for any reason outside the control of Benamic or if a free gift/prize is damaged during delivery.

Details of the names of prize-winners can be requested by writing to Benamic at info@benamic.com specifying the relevant Promotion, provided that such request is received by Benamic within ten weeks of the applicable closing date.

By entering the Promotion, you agree to take part in any promotional activity requested by the Promotion Organiser and consent to your name, county and photograph (if applicable) being published for the purposes of the Promotion and promoting the Promotion Organisers businesses.

Where relevant, all taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades, etc.) are, unless otherwise specifically stated, the sole responsibility of the entrant.

Other than for death or personal injury arising from the negligence of Benamic, Benamic hereby excludes (so far as is permitted by law) all liability for any loss, damage, cost and expense, whether direct or indirect, howsoever caused in connection with the Promotion or any aspect of the prize.

General.

These Terms shall be governed by and construed in accordance with the laws of Ireland and any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.