For terms and conditions relating to products posted to you (as distinct from downloaded) see below Shopping and returns policy.
For downloads: In essence… Ingenious Ireland tours are copyright, and the copyright in some of the content may also belong to other people (for instance, some of the music we use). When you buy and/or download an audio tour from us, we grant you a licence that permits you to use that tour BUT the copyright limits mean you are NOT allowed to otherwise share, distribute, or copy that audio guide. (And the ancient gods of Tara will be very angry if you do!) For this reason, we also limit the number of times you can download one of our premium tours.
SINGLE USER LICENCE
for Ingenious Ireland downloadable audio guides, for Personal Use. For commercial use, or for schools and groups, please contact us to arrange a group licence.
These terms and conditions contain the contractual terms on which Ingenious Ireland offers you the download, installation and use of Digital Products from its Website. You must click to accept these terms and conditions before downloading any Digital Product from the Website whereupon these terms and conditions will be legally binding on you. If you do not accept these terms you must not continue with the download.
1. Definitions
1.1. In these Terms and Conditions, the following definitions have the following meanings:
“Digital Product” means copies of multimedia files in digital format containing digital data including but not limited to audio, video, text and digital image data together with any related software capable of download to the memory or hard disk of a personal computer or similar data storage device and such Digital Products shall include for the avoidance of doubt audio guides as more particularly described on the Website;
“Fee” the download fee for download and access to each Digital Product available on the Website, to be prepaid in full by you to us prior to downloading the relevant Digital Product;
“IPR” all patents, trade marks, service marks, copyright, design right, database rights and other intellectual property rights whether registered or unregistered and subsisting anywhere in the World;
“Order” a request by you to download a Digital Product or Digital Products from the Website identifying the relevant Fee or Fees for that download or those downloads and relevant payment details;
“Personal Data”: any personal data relating to you within the definition of the Data Protection Act;
“System Requirement” the minimum operating system requirements necessary to download, install and run the Digital Products details of which are set out on the Website;
“Website”: the Ingenious Ireland website at www.ingeniousireland.ie and any of the sub-domains thereof;
“we”, “us”, “our,” “Ingenious Ireland”: Ingenious Guides Ltd, a company registered in Ireland, with its registered address at 51 Manor St, Dublin 7, IRELAND.
“you”, “your,” “End User” the person or body downloading Digital Product(s) from the Website.
2.This Licence is made between the person who paid for the relevant tour (“Licensee”) and Ingenious Guides Ltd, Dublin, IRELAND (“Licensor”).
3.The Licensee must accept this Single User Licence (“Licence”) prior to downloading the relevant Digital Product. Refunds shall not be given for failure to do so at the time as sufficiently clear notice was given. By downloading the tour, the Licensee is agreeing to be bound by the terms set out below.
4.The Licensee expressly acknowledges and agrees that they are responsible for their own safety at all times why using any Ingenious Ireland Data Product. The Licensee furthermore agrees that they alone shall be wholly liable for any and all consequences thereof to them.
5.All Ingenious Ireland content and Data Products including, but not limited to any associated files, text, images and audio (“Content”), is owned by the Licensor (or has been licensed by the Licensor) and is protected by the Copyright and Related Rights Act, 2000 and associated international copyright legislation.
6.This Single User Licence grants the Licensee the non-exclusive and non-transferable right to install and use the Content on to a single portable device.
7.The Licensor accepts no responsibility for any damage, system failure or loss of data, or any similar malfunction, which might result from downloading, installing or using the Data Products.
8.The Licensee shall not edit or alter the content.
9.The Licensee shall not have the right to make any additional copies or to permit, authorize, sell, sublicense, redistribute, lend or otherwise exploit the Content or any portion whether for commercial purposes or otherwise.
10.The Software is licensed to the Licensee on an “AS IS” basis.
11.Error and omissions accepted. Whilst every effort has been made to ensure that the precision and accuracy of the information provided is satisfactory, the Licensor does not warrant that it is accurate.
12.Except as expressly provided herein, the Licensor makes no other warranties, either express or implied, regarding the Content, including but not limited to its merchantability or its fitness for any particular purpose.
13.To the maximum extent permitted by Irish legislation, the Licensor excludes any liability for any damages, including but not limited to any loss of revenue, profit, or data, however caused, directly or indirectly, by the Software or by this Licence.
14.The Licensor warrants it has the right and authority to license the Content to the Licensee in accordance with the terms herein. The Licensor has full power and authority to grant the Licensee the rights granted herein and furthermore warrants that the performance of the terms herein and of its duties to the Licensee hereunder shall not breach any separate agreement by which it is bound.
15.Failure by the Licensee to comply with any term of this Licence shall result in its immediate termination without refund & consequently, the Licensee shall have no further rights to use the Content howsoever.
16.This Licence forms the entire agreement between the Licensee and Licensor and shall be subject to the exclusive jurisdiction of the Republic of Ireland.
Shopping and returns policy
For items sent by post:
A problem with your purchase? If, when you receive your purchase, you are unhappy with it, or feel it does not meet the product description, please contact us immediately, and no later than 48 hours of receipt, by email to feedback@ingeniousisland.ie, so as to give us the opportunity to resolve the problem. We cannot consider any complaint after this 48-hour period.
Damage or shortfall? You must inspect your purchase on receipt, and notify us immediately, and no later than 48 hours of receipt, by email to feedback@ingeniousisland.ie, of any damage that might have occurred in transit or any shortfall. We cannot consider any claim for damage or shortfall after this 48-hour period.
If the goods have been damaged in transit we will offer you the choice of either a replacement or a refund at no extra cost to you. We may ask for you to return the damaged item, in which case we will also pay you the postage cost.
Cancellation: the Consumer Protection (Distance Selling) Regulations 2000, grant you a statutory 7- day cancellation period; this seven-day period starts as soon as your order is completed, and during this time you may cancel your order.
Returns: If on receipt, your order is in good condition but you consider it unsuitable, you may return it for a refund provided that you
- Notify us immediately by e-mail to feedback@ingeniousisland.ie, of your intent to do so;
- Return the product within 7 days of receipt
- Return the item unopened, in its original saleable condition and original packaging.
If these conditions are met, we will issue a full refund to you.
Note, you will be responsible for meeting the full cost of the return carriage. Items returned opened, incomplete, damaged or used will not be accepted.
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