Terms and Conditions

1 GENERAL

This website (www.kerrygold.com) is owned by Irish Dairy Board Co-operative Limited ("IDB") of Grattan House, Mount Street Lower, Dublin 2, Ireland. Your use of this website (the "Site") is subject to our terms and conditions of use set out below ("Terms of Use"), and by accessing and using this Site you are agreeing, and you are signifying your agreement, to be bound by these Terms of Use. You should not access or use this Site unless you have read and agreed to these Terms of Use

2 USE OF SITE

You agree not to copy, modify, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer or sell any information, software, products and services contained on or forming part of this Site, or otherwise use such content of this Site for any other commercial use including, but not limited to, resale and redistribution. You will not use this Site or any of its facilities and/or services for any illegal or unlawful purpose or for any purpose that is prohibited by these Terms of Use.

You will not use this Site in any manner which could damage, disable, overburden or impair this Site, the facilities and/or services that are available on it or interfere with any other party’s use of this Site, its facilities and/or services.

You may not attempt to gain unauthorised access to this Site, its facilities and/or services or any accounts, computer systems and networks connected to this Site or any oth er Site operated by IDB or its affiliates, its facilities and/or services through hacking, password mining or any other means.

You agree not to use this Site to harvest or otherwise collect by any means any program material or any information whatsoever (including without limitation email addresses or other personal details of other users) unless authorised under these Terms of Use. You may not monitor, mirror or copy any content of this Site without the prior written consent of IDB.

You should note that the pages contained in this Site may contain technical inaccuracies and typographical errors. The information in this Site may also be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date and exclude all liability for any failure to do so. IBD makes no representation as to the accuracy, reliability or completeness of the contents of this Site. You should also note that there are certain inherent risks in using the Internet and the World Wide Web and by accessing and using this Site you indicate your understanding that your use and the use generally of this Site cannot be guaranteed to be free from interference by third parties or to remain private and confidential.

3 AVAILABILITY

Although IDB endeavours to ensure the Site is available at all times, there may be occasions when interruption to the Site may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that IDB shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Site.

4 SUSPENSION/TERMINATION

IDB may at any time, without notice to you, suspend or terminate your access to this Site or any service forming part of this Site, wholly or partially for any reason, including without limitation, where you are in breach of these Terms of Use, or if for any reason IDB suspends or discontinues the Site or this service, or is unable to supply a service to you. IDB is not liable to you or any third party for any other suspension or termination of access to the Site.

5 COPYRIGHT NOTICE

The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (the "Materials") contained in this Site are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. IDB and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials.

Any other use of the Materials on this Site, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of IDB is strictly prohibited and is a violation of the proprietary rights of IDB. Other than as expressly provided herein nothing in these Terms of Use should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of IDB, its licensors or any third party.

6 LINKS TO THIRD PARTY SITES

This Site contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites and is not subject to these Terms of Use. Your access to any other websites through this Site is at your own risk. We are not responsible or liable for the accuracy of any information, data, opinions or statements made on third party websites or the security of any link or communication with third party websites. IDB reserves the right to terminate a link to a third party websites at any time. IDB provides links to third party websites for your convenience and the fact that IDB provides any such links does not mean that IDB sponsors, endorses or authorises such websites.

If you wish to provide a hyperlink to this Site from a third party website, then you should contact us directly. Such hyperlinks can only be provided with the consent of IDB.

7 DISCLAIMERS

All use by you of this Site is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading and/or using of, or referring to or relying on facilities, services or Materials provided on this Site, or any other information obtained from your use of this Site. You agree that IDB will not be liable for damages arising out of your use or your inability to use this Site, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.

This Site is available to all users "as is" and without any representations, conditions, warranties or undertakings of any kind, either express or implied. IDB makes no representations, warranties or undertakings that this Site, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. IDB accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of IDB, which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of this Site. IDB is not responsible for any inaccuracy or incompleteness of the information available to you on the site. IDB makes no representations, conditions, warranties or undertakings about any of the facilities, services and/or materials on this Site, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose.

8 LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, neither IDB nor any of its officers, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and/or the materials offered through or from this Site or services through this Site, including, but not limited to, direct loss, loss of data, loss of income, profit or opportunity, loss of or damage to property and claims of third parties or for any indirect or consequential loss whatsoever, even if IDB has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall IDB nor any of its officers, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of the services and/or the Site, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

Without limiting the foregoing, under no circumstances shall IDB nor any of its officers or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties.

9 INDEMNITY

You agree to defend, indemnify and hold IDB and (as applicable) IDB employees, agents, subsidiaries, suppliers and any of our third party information service providers or other representatives harmless against any and all claims demands, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms of Use or any claims made by or liabilities to any third party resulting from any activities conducted under your use or misuse of this Site.

10 PRIVACY STATEMENT

IDB respects and protects the privacy of the individuals who access this Site and use its facilities and/or services. For full details of the manner in which IDB and the Site uses cookies, the type of information we collect, how we use it and under what circumstances we disclose information, please read the Privacy Statement below which is hereby incorporated into and forms part of these Terms of Use.

11 CHANGES IN TERMS OF USE

To the greatest extent permitted by applicable law, IDB reserves the right to change the content, services, presentation, performance, facilities and/or availability of any part of the services at our sole discretion, including these Terms of Use from time to time.

12 JURISDICTION AND GOVERNING LAW

These Terms of Use are governed by the laws of Ireland and you submit to the exclusive jurisdiction of the Irish Courts.

13 MISCELLANEOUS

Any waiver of any provision of these Terms of Use must be in writing signed by IDB to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. If any court of competent jurisdiction finds any provision of these Terms of Use to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding effecting the validity and enforceability of any remaining provision. These Terms of Use represent the entire understanding and agreement between you and IDB relating to use of this Site, its facilities and/or services and supersede any and all prior statements, understandings and agreements whether oral or written, and shall not be modified except in writing, signed by you and by IDB.