Website Terms and Conditions
(1) Introduction and access to this website
To access and use this website, you must be at least eighteen (18) years of age. If you are under eighteen years of age, you are not allowed to use or access this website. There are no exceptions. Because the use and access of this website has age restrictions, no information that may be sourced from this website relates to the Child Online Privacy Act (COPA) and therefore, this website is not monitored to that effect.
(2) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
(3) License to use website
You may view, download for caching purposes only, and print pages, or you may view our training tutorial videos from the website for your own personal use, subject to the restrictions below. Unless you have been given express, written permission from Christine Carolan, another authorized representative of Carolan Gifts Ltd, or the legal owner of Happynest.ie or have suitable permission from the legal copyright holder, you must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or otherwise sub-license material on the website;
(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(d) edit or otherwise modify any material on the website; or
(e) redistribute material from this website, except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your business.
(4) Limitations of liability
This website includes a range of information and resources. Some information and resources are freely accessible to all visitors. Some information and resources may be made available to users who choose to register at our website. Some information and resources are available only to registered users who choose to upgrade and become paid members. All information, products and services made available on this website are provided in good faith and are warranted as accurate as far as is possible, E & O.E. All information is provided purely for entertainment, education, information or illustrative purposes only and is made available “as is” without any warranties of any kind. Happynest.ie and Christine Carolan make no claim regarding income guarantees or results from buying or using any products, services, recommendations or partner services that we may sell or mention. We do not accept liability for a buyer’s actions or decisions based on the information, products or services provided at this web site, or on any of our forums.
The information and resources provided within public areas of this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information in the public area of this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
Information and resources that are accessible to registered users may also be provided free of charge and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information and resources accessible to registered users of this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the information and resources made accessible to registered users of the website remains available, or that the said material on the website is kept up-to-date.
Information and resources provided in the member area of this website may be provided for a set charge and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information and resources on this website. Whilst we endeavour to ensure that the information in the member area of this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the member area of the website remains available or that the material within the member area on the website is kept up-to-date.
Information and resources made available in the public areas, registered user areas and member areas of this website, to the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
We and our dealers, associates, agents and licensors expressly do not make any warranties, including, without limitation, warranties of fitness for a particular purpose, as well as warranties of accuracy, completeness, currentness, non-infringement of proprietary rights, merchantability with respect to using this website, the materials, the services, or the products provided or offered here. Neither we nor any of our officers, directors, employees, dealers, associates, agents and licensors shall be liable for any direct, indirect, incidental, punitive, or consequential loss, damage or injury of any kind whatsoever in connection with the use and performance of this website, or from any information, products, materials or services made available through this web site, even if, Carolan Gifts Ltd or Christine Carolan have been advised on the possibility of such damages.
In no case shall our liability, as well as the liability of our officers, directors, employees, dealers, associates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the use of this website, services provided, the materials, or the products, exceed the total US dollar or EU dollar pound amount you paid us or our dealers, associates, agents and licensors. In the publicly accessible areas, registered user areas and member-only areas of this website, our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. By using this website, you also agree that Happynest.ie and Christine Carolan shall not be responsible for content available on the Happynest.ie forums, and that if you download any content from the Happynest.ie forums, you do so at your own risk and that you are solely responsible for any resulting damage to your computer, its data, or any other download device or software that you may use.
This Site may be accessed throughout the Ireland and overseas. We and our employees make no representations or warranties that the content of this Site complies with the laws (including intellectual property laws) of any country or jurisdiction outside the Ireland. Therefore, if you use this Site from outside of Ireland, you acknowledge that you do so, on your own responsibility and that you are responsible for ensuring compliance with all laws where you are located.
By using this website you assume full responsibility for the use of all materials and products. You assume full responsibility for adherence to any and all applicable laws and regulations, including national, federal, state and local, governing professional licensing, advertising, business practices, and all other aspects of doing business in the Ireland, EU, USA or any other jurisdiction. Any materials, products, and offerings are void where prohibited by law. Happynest.ie or Carolan Gifts Ltd shall not be liable for failure to perform its duties due to illness, death, accident and third party default or for any other reason outside the reasonable control of Happynest.ie or Carolan Gifts Ltd .
(5) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to member-only areas of our website, or indeed our whole website, at our discretion. Happynest.ie does not make any claims or warranties that the service provided by this web site will be continuous, uninterrupted and error free. If we provide you with a user ID or username and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID or username and password is kept confidential. You accept responsibility for all activities that occur under your user ID or username or password. As a member with access to the Happynest.ie member area, you must not share log-on usernames and passwords. If more than one person logs on using the same user name and password, the relevant IP address may also be recorded, and the account suspended without refund or recourse. We may disable your user ID or username and password at our sole discretion, or if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us.
(6) Member area file downloads
If you are a member of .com, you can view our File Download Agreement in the Member Area when you choose to download files. The member area file download agreement is presented to you before you can download files. Please read this agreement before downloading any files that may be made available from the member area.
(7) Bulletin boards, forums, chat rooms, comments
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website for any purposes related to marketing without our express written consent. You must not use our website to copy, publish or send mass mailings or spam. You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under Scottish and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing. We reserve the right to edit or remove any material posted upon our website. We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or canceling your account, restricting your access to our website, or commencing legal proceedings against you. In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.
When posting and contributing to any of our discussion forums, please use your own name and do not impersonate anyone else. Please show courtesy and respect to other members and other users. Avoid shouting (using all capital letters in your communication). We do not condone or knowingly allow abuse or name calling toward any other member or user, including use of libelous, ethnic, obscene, sexually explicit, vulgar or threatening language. Also, please do not flame any other member or user. Happynest.ie does not allow any bulk emailing, spamming or chain letters to be sent to the forums. When taking part in, contributing or responding to any Happynest.ie forum content, you allow Happynest.ie to show any or all of your communications both within the forums themselves or for the purposes of advertising and promotion.
(8) RSS feeds’ terms and conditions
We reserve the right to prevent the distribution of Happynest.ie news, article and featured content as RSS feeds or Atom feeds. Happynest.ie does not accept any liability for its RSS feeds or Atom feeds.
Happynest.ie does not normally allow any unsolicited advertising or products or services – the only possible exception is in classified ad forums.
(10) Subscribers and members
Visitors can choose to subscribe or unsubscribe to Happynest.ie updates by email. Visitors and subscribers who choose to become paying members are automatically added to our email update list.
(11) Web hosting
Web hosting is supplied by: www.blacknight.com. The code, technical structure and basic look and feel uses a web page design that is licensed to and customized by Christine Carolan, Carolan Gifts Ltd, or authorized service providers to Christine Carolan, Carolan Gifts Ltd
(12) Website content
The majority of content for this web site has been created and maintained by Christine Carolan and Associates within Carolan Gifts Ltd in Ireland.
(13) Contract definition
A contract does not exist between us and any other party until we have taken cleared payment for the goods and /or services offered.
(14) Payment options, fees and prices
We can accept payments using Visa, MasterCard, American Express, Diner’s Club, Discover, JCB, Online Check and SWITCH payments through PayPal.com. Physical and / or electronic goods and / or services are sent or made available only after full payment has been received. We regret that we are currently unable to accept any other forms of payment due to the extra administration that this would involve. Charges for goods and services shall be those ruling on the date of order. Fees and prices are those shown and may be subject to change without notice and include VAT if and where applicable.
(15) Security of credit card payment options
Happynest.ie e-commerce partners and service provider use industry-standard SSL (Secure Sockets Layer) encryption to protect the confidentiality of your personal information and the security of your transaction.
-Business or Consumer in Ireland will pay the VAT rate @ 23% unless the business has a VAT 13A exemption.
– Business in the other 26 EU Countries – no VAT applies, but they must supply you with the Vat registration number they have in their country
– Business or Consumer outside the EU –must deal with the VAT and Duty, if any, in their country when they get the goods themselves.
Our guarantee is provided on our Guarantee page. Any additional specific guarantees are listed on the relevant product or service pages throughout this website.
(18) Delivery of physical goods
For payments made online by credit card, to reduce fraud and improve security, we will only deliver physical goods to the mailing address of the card holder.
Refunds will be given at the discretion of the company management. Normally these are made by the same method used for payment or as may otherwise be agreed. Refunds are payable within 30 days of purchases only unless stated otherwise on the relevant product or service page. To prevent fraudulent claims and improve security, requests for a refund are reviewed on an individual basis, and only after a refund questionnaire has been completed. To request a Refund Questionnaire, contact: info (at) happynest(dot) ie (replace the word “at” with “@” and the word “dot” with a full stop (.).
For membership of Happynest.ie, since membership of Happynest.ie offers non-tangible irrevocable goods, we do not issue refunds after the membership is made. You are responsible for understanding membership conditions upon registering at our site.
(20) Force Majeure
We are not liable for any delay of failure to fulfill any order or duty due to circumstances or events beyond our control.
(21) Responsibility for local taxes and duties
It is the responsibility of the customer or client to pay any local taxes or import duties that may apply.
(22) Data protection
Carolan Gifts Ltd take the privacy of its users seriously. We won’t sell your email address to anyone promise!
While registration is essential to the functioning of some elements of this website, no data will be disclosed about any individual company and any information provided will be in aggregate form only, except to the originator of such data.
Whenever you provide such personal information, Carolan Gifts Ltd shall hold your personal information on its systems for as long as you use the service you have requested. All personal information provided to us shall be held in accordance with Carolan Gifts Ltd obligations under The Data Protection Acts 1998 & 2003.
We will not disclose a user’s personally identifiable information to any third party without the user’s expressed permission.
Given that the internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore by using this site and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.
The website contains links to other websites. Carolan Gifts Ltd is not responsible for the privacy practices or the content of such websites.
Collective statistics gathered may include sales, traffic patterns and information about related websites and other trustworthy third parties. None of this information is shared with any outside parties. Customers who opt to provide us with their telephone number may receive telephone contact from us about relating to information about their orders placed online. Telephone name and numbers will not be shared with other organizations. You may request a copy of any personal data we have about you. We may make a reasonable charge to gather and present this data to you. We may request that you provide proof of your identity before supplying such data.
Further information on your data privacy rights is available on the website of the Irish Data Protection Commissioner. http://www.dataprotection.ie.
(23) Bulk email Policy
We respect our customers’ right to privacy and therefore we do not solicit business by any methods involving unsolicited commercial email (UCE) otherwise known as Spamming.
(24) Retention of Title
Goods owned by Happynest.ie or Carolan Gifts Ltd remain the property of Carolan Gifts Ltd until full and complete payment is made.
(25) Variation and changes to these terms and conditions, changes to produces, services and materials
We may revise these terms and conditions from time-to-time. The terms and conditions listed here apply to transactions made through this website and are subject to change without notice. Please check this page regularly to ensure you are familiar with the current version. All changes to these terms and conditions are published here; for the latest version check this page. Happynest.ie also retains the right to make any changes to its own advertised materials without notice.
(26) Copyright and trademarks
The entire content of this site – including editorial and images in whatever form – are protected by UK, US and international copyright law and associated treaties. All rights are reserved by Carolan Gifts Ltd and the relevant copyright holders. You must not republish, reprint, repost or in any other way distribute or transmit any content or images shown on this site, without express written permission of Happynest.ie and / or relevant copyright holders. All content, trademarks and other “owned ” materials on this site are owned by either the copyright holders or Carolan Gifts Ltd . Unauthorized copying of our copyrighted material can result in civil or criminal charges being made against you.
(27) Entire agreement
(28) Terms and termination
These terms and conditions are effective until terminated by either you or Happynest.ie. You may terminate these terms and conditions at any time by no longer using the website(s) listed earlier in this paragraph and destroying all materials obtained from the said website or websites. Any provisions that may be contained under the headings of: Copyrights, Disclaimer, Limitation of Liability, Assignment of Ideas and Materials, Indemnification and General shall survive any such termination.
(29) Our contact details
The full name of our company is Carolan Gifts Ltd. Our address is 22 The Boulevard, Mount Garreth, Tyrrelstown, Dublin 15. You can contact us by email to Christine(at) happynest(dot) ie. To email, replace (at) with @ and (dot) with a full stop (.)
(31) Applicable law and courts of jurisdiction
These terms and conditions are based on a template created and distributed by http://www.seqlegal.com/legal-services/website-law