Sweep Auto Terms and Conditions of Use
About these Terms
These Terms and Conditions of Use (“Terms and Conditions”) (together with the documents referred to herein) set out the terms on which you may make use of this Site, the Software and/or the Service made available at the Site, or otherwise provided to you, by Sweep Auto Limited.
References to “Sweep Auto Limited” or “Sweep Auto” or “the Company” or “we” or “us” or “our” in these Terms and Conditions, means Sweep Auto Limited, a private company limited by shares incorporated in Ireland under number 652277 having its registered office at 11 Herbert Street, Dublin 2, Ireland.
These Terms and Conditions include and are made up of the following:
- Glossary of Defined Terms
- Acceptable Use Policy (including Content Standards)
- General Terms and Conditions
By using this Site, the Service, the Software and/or entering into a contract with us, you confirm that you accept these Terms and Conditions as they apply to you and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use this Site, the Software or the Service.
We reserve the right to update and change the Terms and Conditions from time to time without notice. Continued use of the Service after any such changes will constitute your acceptance of them. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions.
Privacy, Data Protection and Cookies
Any questions about the Terms and Conditions should be directed to Sweep Auto Limited, 11 Herbert Street, Dublin 2, Ireland and/or by email to firstname.lastname@example.org.
1.0 GLOSSARY OF DEFINED TERMS
In the Terms and Conditions, the following expressions have the following meanings unless the context otherwise requires.
“Acceptable Use Policy” means Sweep Auto’s acceptable use policy for the Site and any Software or Service made available by Sweep Auto on the Site and set out in section 2 of the Terms and Conditions.
“Account” an account set up by a User to use the Site, the Software and/or the Service.
“Applicable Law” means (i) any and all laws, statutes, regulations, by-laws, orders, ordinances and court decrees that apply to the performance, supply and use of the Service and (ii) the terms and conditions of any applicable approvals, consents, exemptions, filings, licences, authorities, permits, registrations or waivers issued or granted by, or any binding requirement, instruction, direction or order of, any applicable government department, authority or agency having jurisdiction in respect of that matter.
“Business Day” means a day other than a Saturday, Sunday or public holiday in Ireland, when banks in Dublin are open for business.
“Business Hours” means 9:00am to 5:00pm inclusive (Irish time) on any Business Day.
“Content” means any advertisements, photographs, images, media, videos and other recordings, information, files, data, materials, abstracts, recordings, comments or other content of any kind.
“Content Standards” means the standards that must be complied with when a User uploads to or makes available on the Site and/or the Service any Content, as further described in the Acceptable Use Policy.
“Contribution” means any contribution made or Content uploaded to and made available on the Site and/or the Service by a User.
“Controller” with regard to Personal Data, has the meaning given to it under the GDPR.
“Data Protection Legislation” means all Applicable Law, including the GDPR, and any binding codes of practice or regulations or other legislation made under or separate to the GDPR relating to the Processing of Personal Data.
“Data Subject” with regard to Personal Data, has the meaning given to it under the GDPR, and for these purposes may include an individual User.
“EEA” means the European Economic Area.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data as applicable as of 25 May 2018, as may be amended from time to time.
“General Terms and Conditions” means the general terms and conditions set out in section 3 of these Terms and Conditions.
“Intellectual Property Rights” or “IPR” means patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Personal Data” has the meaning given to it in the GDPR.
“Processing” with regard to Personal Data, means has the meaning given to it in the GDPR and the expression “process” shall be construed accordingly.
“Processor” with regard to Personal Data, has the meaning given to it in the GDPR.
“Service” means the service to be provided by Sweep Auto to a User pursuant to the Terms and Conditions.
“Site” means www.sweep.ie or any other website operated by Sweep Auto in relation to the Service.
“Software” means the Sweep Auto application, code and/or other software which is owned and/or controlled by Sweep Auto and made available for use with or as part of the Service.
“Sweep Auto Limited” or “Sweep Auto” or “the Company” or “we” or “us” or “our” in these Terms and Conditions means Sweep Auto Limited, a private company limited by shares incorporated in Ireland under number 652277 having its registered office at 11 Herbert Street, Dublin 2, Ireland.
“Sweep Auto IPR” means all IPR owned and/or controlled by Sweep Auto in and to the Site, the Software and the Service.
- “Terms and Conditions” or “Agreement” means these Terms and Conditions, and any valid amendment to them.
- “User” means a user of the Site, the Software and/or the Service.
- “You” or “Your” under these Terms and Conditions means a User.
1.2.1 Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement.
1.2.2 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.
1.2.3 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.2.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.2.5 A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this Agreement.
1.2.6 A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this Agreement under that statute or statutory provision.
1.2.7 A reference to writing or written includes email but not faxes.
1.2.8 References to clauses and schedules are to the clauses and schedules of this Agreement.
2.0 ACCEPTABLE USE POLICY
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE, THE SOFTWARE AND/OR THE SERVICE
This Acceptable Use Policy sets out the Content Standards that apply when you upload Content to the Site, make contact with others on the Site, link to the Site, or interact with the Site in any other way. This Acceptable Use Policy applies to all Users and their use of the Site and any Software or Service via the Site.
The capitalised terms used in this Acceptable Use Policy have the meanings given to them in the Glossary of Defined Terms.
2.1 ACCEPTANCE OF THESE TERMS
By using the Site, the Software and/or the Service, you confirm that you accept the terms of this Acceptable Use Policy and that you agree to comply with them. If you do not agree to these terms, you must not use the Site, the Software and/or the Service. We recommend that you print a copy of these terms for future reference.
2.2 OTHER TERMS THAT MAY APPLY TO YOU
Our Terms and Conditions also apply to your use of the Site, the Software and/or the Service. This Acceptable Use Policy forms part of, and should be read together with, our Terms and Conditions.
2.3 CHANGES TO THE TERMS OF THIS POLICY
We amend the terms of this Acceptable Use Policy from time to time. Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time.
2.4 PROHIBITED USES
2.4.1 You may use the Site, the Software and the Service only for lawful purposes. You may not use the Site, the Software and/or the Service:
- in any way that breaches any Applicable Law, including any Data Protection Legislation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm children or vulnerable adults in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect (i) the operation of any computer software or hardware and/or (ii) the security of any Personal Data.
2.4.2 You also agree:
- Not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- Not to bypass any measures we may use to prevent or restrict access to our Site, the Service and/or the Software (or other accounts, computer systems, or networks connected to our Site, the Service and/or the Software);
- Not to copy, licence, distribute, sell or otherwise market the Software or the HTML / CSS / JS or visual design elements of our Site, the Service and/or the Software, or any part thereof, or authorise any third party to do any of the foregoing;
- Not to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas, or algorithms of any part of our Site, the Service and/or the Software, except to the limited extent Applicable Law specifically prohibit such restriction;
- Not to act in a manner that negatively affects other Users’ ability to use our Site, the Service and/or the Software;
- Not to remove any patent numbers, copyright notices or other notices from our Site, the Service and/or the Software;
- Not to infringe or attempt to infringe our copyright, trade mark or other Intellectual Property Rights (including our Intellectual Property Rights in and to the Software) or the copyright, trade mark or other Intellectual Property Rights of any third party (including the Intellectual Property rights of any other User);
- Not to reproduce, duplicate, copy or re-sell any part of the Site, the Software and/or the Service in contravention of the provisions of this Acceptable Use Policy or any other part of the Terms and Conditions;
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Site, the Software and/or the Service;
- any equipment or network on which the Site, the Software and/or the Service is or are stored;
- any Software used in the provision of the Site and/or the Service; or
- any equipment or network or software owned or used by any third party.
2.5 CONTENT STANDARDS
2.5.1 Whenever you make use of a feature that allows you to upload Content to our Site or make another Contribution or make contact with other Users you must comply with the Content Standards notified to you prior to uploading and as set out in this Acceptable Use Policy.
2.5.2 The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Contribution as well as to its whole.
2.5.3 Sweep Auto will determine, in its discretion, whether a Contribution breaches the Content Standards.
2.5.4 A Contribution must:
- Be accurate (where it states facts), truthful and complete.
- Be genuinely held (where it states opinions).
- Comply with Applicable Law in Ireland and in any country from which it is posted.
2.5.5 A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of or other Intellectual Property Rights of any other person.
- Be misleading or likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Show or include flashing, shaking creatives and/or misleading banners, including but not limited to imitating activities from known brands, featuring pay per click or pay per search programs, chat/instant messaging, and/or malicious or suspicious activity or any Content which may determine, in our sole discretion, to be inappropriate.
- Give the impression that the Contribution emanates from Sweep Auto, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising for, or promote any services of or web links to other sites, except where the User is a car dealer in which case the Contribution may contain references to the car dealer’s business and a link to its website.
2.5.6 You warrant that your Contribution will comply with these Content Standards and you will be liable to us and indemnify us for any breach of that warranty.
2.5.7 Any Content you upload or other Contribution you make to our Site, the Software and/or the Service will be considered non-confidential and non-proprietary.
2.5.8 We shall have the right to disclose your identity to any third party who is claiming that any Content or other Contribution posted or uploaded by you to our Site, Software and/or Service, constitutes a violation of their Intellectual Property Rights.
2.5.9 We will not be responsible, or liable to any third party, for the content, reliability, quality or accuracy of any Content or other Contribution posted by you or by any other User of our Site, the software and/or the Service.
2.5.10 The views expressed by any or User on our Site do not represent our views or values.
2.6 YOUR CONTENT AND CONTENT OF OTHER USERS
2.6.1 Your Content is your responsibility. Any reliance you place on such information is strictly at your own risk. You shall be solely responsible for your own submissions and the consequences of submitting them. We have no responsibility or liability for your Content or other Contributions, or for any loss or damage your Content or other Contributions may cause to you or others, or for any use of your Content or other Contributors by any third party.
2.6.2 We claim no Intellectual Property Rights over the material you independently create and provide to our Site or when using the Service and/or the Software. You retain all of your ownership rights in your Content.
2.6.3 You agree to use the Software, the Service and our Site and exercise your rights under these Terms and Conditions, in accordance with all Applicable Law, including, without limitation, all applicable copyright laws and Data Protection Legislation.
2.6.4 Sweep Auto does not pre-screen Content or Contributions, but we reserve the right in our sole and absolute discretion to screen and/or remove or edit without notice any Content or other Contribution, account keyword or description posted or stored on our Site, the software and/or the Service that is objectionable to us for any reason (or to appoint a third party to do any of the foregoing), and we may do this at any time. You are solely responsible for maintaining copies of and replacing any Content or other Contribution you post or store on our Site or when using the Software and/or the Service.
2.6.5 We do not control the Content posted by third parties, including by Users of the Site, Software and/or the Service. We do not guarantee or give any assurances to you or any other User regarding the accuracy, reliability, completeness or quality of such Content.
2.6.6 You should not rely on any Content and/or other material on the Site, Software and/or the Service to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Content and/or materials by any User of the Site, Software and/or the Service, or by anyone who may be informed of any of the Content (including the authenticity or accuracy of photographs of motor vehicles or any other goods offered for sale or sold by a User). We accept no responsibility for keeping the information on the Site, Software and/or the Service up to date or complete or liability for any failure to do so.
2.6.7 You are responsible for complying with all laws applicable to your use of the Site, Software and/or the Service, including any Content that you submit or upload using your Account.
2.6.8 If you delete your Content or other Contribution from our Site we will take reasonable steps to remove it from our Site. However, you acknowledge and accept that caches or other form referencing may be publicly available for a period following the deletion.
2.7 BREACH OF THIS POLICY
2.7.1 When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
2.7.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions upon which you are permitted to use our Site and any Software or Service made available on or via the Site, and may result in our taking all or any of the following actions:
- (a) Immediate, temporary or permanent withdrawal of your right to use our Site, the Software and/or the Service.
- (b) Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site and/or the Service.
- (c) Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
2.7.3 We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
2.7.4 We encourage you to report to us any Content that you consider is in breach of this Agreement or in any other way objectionable.
3.0 GENERAL TERMS AND CONDITIONS
3.1.1 These General Terms and Conditions form part of and should be read together with the Acceptable User Policy. These General Terms and Conditions apply to all Users to the exclusion of any other terms that any User seeks to impose or incorporate under any purchase order or otherwise, or which are implied by trade, custom, practice or course of dealing.
3.2 ACCOUNT SET UP AND USE
3.2.1 To register and use the Service, each User must:
- provide its full legal name, a valid email address and any other information reasonably required in order to complete the signup process;
- be 18 years of age or older;
- be a human being. Accounts registered by “bots” or other automated methods are not permitted; and
- comply with these Terms and Conditions, including the Acceptable Use Policy.
3.2.2 You will be responsible for:
- maintaining the security of your Account password and the security of your Account on your device or network. If you choose, or are provided with, a User identification code, password or any other piece of information as part of our security procedures, you must treat this information as confidential. You must not disclose it to any third party. We will not be liable for any loss or damage from your failure to comply with this security obligation;
- all Content and other Contributions posted, and activity that occurs, on your Account.
3.2.3 When you publish, post or upload Content or other Contributions to the Site and/or the Service for the purposes of advertising, offering for sale and/or selling a motor vehicle or any other goods owned and/or controlled by you to another User, you will be required to pay a fee to Sweep Auto at our then published price which shall be subject to Value Added Tax, where applicable. This fee will be displayed to you prior to publication, post or upload and is non-refundable. We will commence supplying the Service to you as soon as you accept this Agreement. Unless you and Sweep Auto agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the Service has commenced.
3.2.4 If you reach agreement with a User to sell your advertised motor vehicle or other goods, you are responsible for the sale and delivery of your motor vehicle or other goods to the User, for the collection of all sums that may be due to you by the User in relation to the purchase of such motor vehicle or other goods and any applicable taxes, government levies or duties arising in connection therewith.
3.2.5 You understand that Sweep Auto provides a platform that facilitates Users who are buyers and sellers and Sweep Auto will have no responsibility whatsoever, and Sweep Auto will not in any event be liable for, any dealings, interactions, matters or disputes between Users; these are matters for and between the respective Users.
3.2.6 You must notify us immediately of any breach of security or unauthorised use of your Account and you agree to cooperate with us in causing any unauthorized use to cease immediately.
3.2.7 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 reasonable opinion you have failed to comply with any of the provisions of the Terms and Conditions.
3.2.8 If you know or suspect that anyone other than you knows your User identification code or password, please reset your password using the reset password button within the Site, the Service and/or the Software.
3.2.9 Your Account remains valid unless or until suspended or terminated.
3.3 PROCESSING OF PERSONAL DATA
3.3.1 When you set up and use your Account with us you enter into a contract with us. In order for us to perform that contract and make the Service, and your Account available to you, as a User, we will be required to collect, Process and store certain Personal Data about you. This processing is necessary for the performance of our contract with you or in order to take steps at your request prior to entering into the contract.
3.3.2 We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Some of these third parties may provide their services from locations outside the EEA. This means your Personal Data may be shared with our authorised third party vendors and stored on their servers for these purposes.
3.3.3 You understand that the technical processing and transmission of the Service, including your Content, involves:
- transmissions over various networks;
- processing of Personal Data both within and without the EEA; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
3.3.4 You agree to the transmission of your Personal Data to, and processing of your Personal Data by Sweep Auto and our authorised third party vendors for these purposes.
3.4 SUSPENSION OR TERMINATION OF YOUR ACCOUNT
3.4.1 Sweep Auto may suspend or terminate your Account at any time upon notice should you violate this Agreement or otherwise fail to comply with your obligations hereunder.
3.4.2 Upon termination of your Account, all of your Content will be deleted from your Account.
3.5 PROPRIETARY RIGHTS AND GRANT OF LICENCES
3.5.1 Sweep Auto IPR. All Intellectual Property Rights in and to the Site, the Software and the Service are owned by Sweep Auto and its licensors.
3.5.2 Users. Subject to the terms of this Agreement and in consideration of the performance of its obligations under this Agreement (including full compliance with the terms of the Acceptable Use Policy), Sweep Auto hereby grants to each User a non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable, time-limited personal licence under the Sweep Auto IPR for the purposes only of viewing and browsing the Site for its own informational purposes and using the Service.
3.5.3 No Implied Licence. Except as expressly stated herein, this Agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Software and/or Service.
- By using the Service and/or publishing Content on our Site (including, by way of example, your photographs, abstracts, captions, posts, designs or images of any motor vehicle or other goods you advertise for sale on our Site and/or when using the Software and/or the Service or any information submitted by you to our Site or any User profile created and updated by you on our Site), you:
- understand you are responsible for your Content, its accuracy, completeness and reliability;
- understand that the Content you publish on or upload to the Site will be published on the Site and available to or accessible by others to view, download and/or print;
- hereby grant to Sweep Auto a non-exclusive, royalty-free licence to use, publish, store and process your Content on the Site and to make it available or accessible to Users to view, download or print;
- that you have the necessary consents, licences and/or permissions to upload such information; and
- warrant and represent to Sweep Auto that the Content is your work and/or that you have all necessary permissions and authority to publish and make available the Content and that to the best of your knowledge your Content does not infringe upon the Intellectual Property Rights of any third party.
- If you are found to be engaging in or have engaged in copyright infringement we reserve the right, without prejudice to or limiting any other remedies that may be available to us, to suspend or deactivate your Account indefinitely and to ban you from using our Site. The copyright owner may also sue you directly for infringement of copyright in submissions made by you to our Site.
3.5.5 Third Party Material. To the extent the Service includes or refers to any third party materials the ownership of such third party materials shall be vested in the third party concerned. Sweep Auto is in no way responsible for the content, accuracy or reliability of any such third party materials.
3.6.1 Subject to clause 3.6.3, you shall defend, indemnify and hold harmless Sweep Auto, its affiliates, agents, employees, officers and representatives against any and all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) to the extent arising out of or in connection with (i) any negligent or wilful act by you or any breach by you of these Terms and Conditions, including any breach of warranty by you or failure to comply with applicable Data Protection Legislation, and (ii) any claim made by a third party that the Content published, or any other Contribution made by you to, the Site and/or the Service infringes its Intellectual Property Rights, provided that:
- You are given prompt notice of any such claim;
- Sweep Auto provides reasonable co-operation to you in the defence and settlement of such claim, at your expense; and
- You are given authority to defend or settle the claim.
3.6.2 You will have no obligation to defend, indemnify or hold harmless Sweep Auto to the extent the claim, action, proceedings, loss, damages, expenses and costs is caused by the negligence of Sweep Auto.
3.7 LIMITATION OF LIABILITY
3.7.1 Except as expressly and specifically provided in this Agreement:
- You assume sole responsibility for results obtained from the use of the Site, the Software, the Service and the Content by you, and for conclusions drawn from such use. Sweep Auto shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Sweep Auto by you in connection with the Service, or any actions taken by Sweep Auto, at your direction;
- all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by Applicable Law, excluded from this Agreement; and
- the Site, the Software and the Service are provided to you on an “as is” “as available” basis.
3.7.2 You agree and understand that Sweep Auto does not warrant that:
- the Service will meet your specific requirements;
- the Service will be uninterrupted, timely, secure, or error-free;
- the results which may be obtained from the use of the Service will be accurate or reliable;
- the quality of any products, services, information, Content or other material purchased or obtained by you through the Service will meet your expectations or requirements, and
- any errors in the Service will be corrected.
3.7.3 Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties and/or representations associated with such dealings are solely between you and the other User. You understand that we cannot guarantee the identity of any User with whom or with which you may interact when using the Site, the Software and/or the Service.
3.7.4 Subject to clause 3.7.1 and 3.7.5, and to the maximum extent permitted by Applicable Law:
- Sweep Auto shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
- Sweep Auto’s total aggregate liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the sum of €1,000.
3.8 FORCE MAJEURE
3.8.1 To the maximum extent permitted by Applicable Law, Sweep Auto shall have no liability to any User under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Sweep Auto or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
3.9.1 No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
3.10 RIGHTS AND REMEDIES
3.10.1 Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
3.11.1 If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
3.12 ENTIRE AGREEMENT AND VARIATIONS
3.12.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement. Nothing in this clause shall limit or exclude any liability for fraud or any other liability that cannot be limited by Applicable Law.
3.12.2 We may amend these General Terms and Conditions from time to time. Such amendments shall become effective immediately upon posting the revised General Terms and Conditions on the Site. Every time you wish to use the Site and/or the Service, please check these terms to ensure you understand the terms that apply at that time. Your continued use of the Site and/or the Service after any such amendments indicates your acceptance of the amended Agreement.
3.13.1 This Agreement is personal to you and you may not, without the prior written consent of Sweep Auto, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
3.14 NO PARTNERSHIP OR AGENCY
3.14.1 Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorise any party to act as agent for the other, and no party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
3.15.1 Any notice required to be given under this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid registered post or recorded delivery post to the other party at its address set out in this Agreement, or such other address as may have been notified by that party for such purposes, or sent by email to email@example.com save unless this relates to service of proceedings.
3.15.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in Business Hours, at 9am on the first Business Day following delivery). A correctly addressed notice sent by pre-paid registered post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.
3.16 RESOLUTION OF DISPUTES
3.16.1 In the event of any dispute between the parties arising out of or in connection with this Agreement which the parties are unable to resolve between them, the parties agree to seek the services of a qualified mediator to seek to finally resolve the matter. The mediator will be appointed by both parties and its professional fees will be discharged by both parties on an equal basis unless agreed otherwise.
3.16.2 Should the parties fail to agree on a mediator, the parties shall request the President or Chief Executive Officer or such officer holding similar roles, for the time being, of the Mediation Institute of Ireland to appoint a mediator.
3.17 GOVERNING LAW AND JURISDICTION
3.17.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland. Subject to clause 3.16, the Irish courts shall have exclusive jurisdiction over any dispute howsoever arising out of or in connection with this Agreement. We retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country.