Terms of service
Terms and Conditions of Website Use
General
Please ensure that you (referred to as user, you or your) read these Terms and Conditions of Website Use. These Terms and Conditions are an electronic contract that sets out the legally binding terms of your use of the Shopify website for PHX Ireland Group Ltd (the Website) and the various services contained within (the Services). By visiting our Website, you engage in our Services and accept these Terms and Conditions. Your use is also subject to our Privacy Statement or Cookie Policy.
These Terms and Conditions apply to all users of the Website. If you do not agree to all the Terms and Conditions, then you may not access the website or use any Services.
Except where prohibited by applicable law, we reserve the right to change these Terms and Conditions at any time without notice to you, with such modifications to be effective upon posting via the Website. Your continued use of the Website after any changes to these Terms and Conditions indicates your acceptance of such changes. It is your responsibility to review these Terms and Conditions regularly for any changes.
About us
The Website is operated by PHX Ireland Group Ltd, a PHOENIX Group company (PHX Ireland, we, us, our), a company incorporated in Ireland under registration number 578334. Our Website is hosted by Shopify International Limited (Shopify Ireland).
Contact us
If you have any questions or complaints regarding our Website or Services, please contact us:
By email: info@phxireland.ie
By post: PHX Ireland, United Drug House, Magna Drive, Magna Business Park, Citywest Road, Dublin 24, D24 XKE5, Ireland
Privacy
Your privacy is important to us and any information you provide in connection with our Website will be held in accordance with data protection law.
You have a right to apply for a copy of the information held by us about you and you have a right to have any inaccuracies in your information corrected. More information about your rights and how we collect, use and process your personal data can be found in our Privacy Statement and Cookie Notice.
Accessing our Website
The material on the Website is directed solely to users accessing the Website from the Republic of Ireland. We make no representations that the materials on the Website are appropriate or available for use in locations outside the Republic of Ireland. If you choose to access the Website from outside of the Republic of Ireland you do so at your own risk and are responsible for compliance with the relevant laws of your jurisdiction.
You may not use our Website for any illegal or unauthorised purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your use of the Website and our Services.
Availability
The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Website without notice and we will not be liable to you if, for any reason, this website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to gain access to our Website.
Intellectual property
PHX Ireland or its licensors exclusively own and retain all proprietary rights, title and interest in the Website and all associated intellectual property rights contained therein. The Website contains the copyrighted material, trademarks, and other proprietary information of PHX Ireland and its licensors including but not limited to brand names, product and service names and titles. No permission is given by PHX Ireland for their use by any person other than the said holders and such use may constitute an infringement of the holders' rights.
All designs, text, graphics and their selection and arrangement on this Website are the copyright of PHX Ireland or its content providers. You are permitted to print a hard copy and download extracts of any page from this Website for your personal, non-commercial use, provided always that you do not alter or modify in any way the paper or digital copies of any materials you have printed off or downloaded and that you do not change or delete any copyright or other proprietary notices. Any other use and/or reproduction of material or software without our prior written consent, is prohibited and will constitute a breach of these Terms and Conditions of Website Use. PHX Ireland and its licensors retain all rights not expressly granted to you in these Terms.
In the event that you do not comply with the above restrictions and a claim is brought against PHX Ireland as a result of your actions, we will pursue a claim against you for any losses and costs (including legal costs) that we may suffer.
Links to/from this Website
You may not create and/or operate links to this Website without our prior written consent. We may from time to time and for your convenience provide links from this Website to websites owned by third parties which are outside the control of PHX Ireland. We shall not be responsible for the content on the pages of any third-party website or publication. When you activate any of these you will leave the Website and PHX Ireland has no control over and will accept no responsibility or liability for any material on any website which is not under the direct control of PHX Ireland.
Third party tools
We may provide you (now or in the future) with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Prohibited uses
In addition to other prohibitions as set out in these terms, you are prohibited from using the Website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any laws;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
Errors, inaccuracies and omissions
We try to ensure that all information and colours are correct at the time of their publication.
Any typographical or other error on this Website is subject to correction without any liability on our part. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.
We undertake no obligation to update, amend or clarify information on the Website or on any related website. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Disclaimer
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
Use of the Website is at your own risk. PHX Ireland does not warrant or represent that the material on the Website is up-to-date, complete or accurate or that the Website will be free from defects or viruses.
Any advice or recommendation given on this Website or otherwise given to you by us, or any of our employees or agents, is followed or acted upon entirely at your own risk and we are not liable for such advice or recommendation.
To the extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to the Website whether express, implied, statutory or collateral, including without limitation, the implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement, quality, accuracy, reliability, completeness, currency or timeliness of the Website or that the Website is or will be error free or will operate without interruption.
Limit of liability
To the extent permitted by applicable law and subject to the specific liability provisions in the Terms and Conditions, in no event will PHX Ireland (or its affiliates, employees, officers, directors or agents) be liable to you for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, those relating to loss of profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, bodily injury or death, arising out of or in connection with: these Terms and Conditions; the use of or inability to use the Website; or other users’ conduct even if PHX Ireland has been informed of the possibility of such damages. You agree to indemnify us against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.
Nothing in these terms and conditions excludes or limits our liability for fraudulent misrepresentation or for death or personal injury caused by our negligence. Nothing in these terms and conditions shall affect your statutory rights.
We assume no responsibility for the content of websites to which this Website provides a link. Such links should not be interpreted as an endorsement by us of those linked websites and we will not be liable for any loss or damage that may arise from your use of them.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Website and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Applicable law and jurisdiction
You agree that these Terms and Conditions will be governed by and construed in accordance with the laws of Ireland. Each of us hereby submits to the jurisdiction of the Irish courts.