Please ensure that you (referred to as the “User”, “you” or your”) read these Terms and Conditions of Use with care as they govern your use of and access to this Web Site (“the Site”). If you do not accept them, please cease use of the Site immediately. To Users of this Site the following provisions apply:
1.The Site is operated by JWS Professional House Sitters Limited (trading as Professional House Sitters Ltd.), The Hill, Baltimore, West Cork, Ireland, CRO Number: 555438.
2. You must be at least 18 years of age to use the Site. By using the Site and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
No Unlawful or Prohibited Use
Those who visit the Site from locations outside of the Republic of Ireland do so on their own initiative and are responsible for compliance with all applicable laws. If use of the Site and/or viewing of it, or use of any material or content on the Site or services are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use the Site and you must exit immediately.
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Your membership is subject to these conditions to the exclusion of all other terms and conditions express or implied. The current version of our conditions of membership (as posted on the Site) will apply at all times to your membership and will supersede all previously published conditions of membership. You acknowledge that you have not relied upon any statement or representation made by Professional House Sitters Ltd. when applying for membership of the Professional House Sitters Ltd. services unless expressly set out in these conditions. No application for membership of Professional House Sitters Ltd. placed by you will be deemed to be accepted until Professional House Sitters Ltd. confirms your membership. Professional House Sitters Ltd. is not obliged to accept an application for membership by you nor give you reasons for declining your membership.
All prices quoted by Professional House Sitters Ltd. are exclusive of 23% Irish VAT unless stated otherwise.
You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or 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 the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent.
You must not use the Site to transmit or send unsolicited commercial communications. Any such uninvited solicitation will be regarded as a contravention of the Agreement and Professional House Sitters Ltd. will cancel the membership of the offending party with immediate effect.
You must not use the Site for any purposes related to marketing without our express written consent.
Unless specified otherwise, the contents of all the pages contained on this website are the property of Professional House Sitters Ltd. and all rights are reserved. You may not reproduce, transmit, distribute, adapt, modify, sell, publish or otherwise use any of the contents in any form, except that you are granted a limited licence to permit you to make a transient electronic copy for viewing on-line and to print or download one copy of any page from this website for your personal use. The licence does not permit you to make alterations or additions to, or further copies of, any copies or downloads which you have taken. The grant of this licence is conditional on your agreement to, and compliance with the Terms and Conditions of Use.
You may not copy or incorporate any of the contents of this Site into any other work or publication in any form, and no part of this Site may be copied to, transmitted to, stored on, or accessed from, any other website, except with the prior written permission of Professional House Sitters Ltd.
Professional House Sitters Ltd. retains all rights in and to the materials and software contained on this Site (including, without limitation, text, graphics, logos, icons, sound recordings). You may not distribute or sell the materials or software contained on this Site nor are you entitled to alter, modify, reverse engineer or adapt the materials or software contained on this Site.
The Professional House Sitters name and logo is the intellectual property of Professional House Sitters Ltd.
Links to Third Party Sites
The Site may contain links to other Web Sites (“Linked Sites”). Professional House Sitters Ltd. is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Professional House Sitters Ltd. of the site or any association with its’ operators.
In accessing the Site, the User accepts that information messages and electronic mail passing over the internet may not be free from interference by third parties. Consequently, Professional House Sitters Ltd. cannot guarantee the privacy or confidentiality of any information relating to the User passing over the internet.
Users shall be responsible for the content of all communications to the Site, including its lawfulness, truthfulness and accuracy. It is a condition of the Agreement that all such communications to the Site, whether by e-mail or otherwise, are free of all viruses, worms, trojan horses, logic bombs, time bombs or any other computer programs which could prejudice the normal and proper functioning of the Site or which would do anything which if done by the User would be a breach of these terms and conditions of use.
It is a condition of the Agreement that all such communications to the Site, whether by e-mail or otherwise, does not contain text, images or website URLs that promote, either implicitly or explicitly, any accommodation for holidays, vacations or home exchange, that are provided by individuals, companies or organisations other than Professional House Sitters Ltd.
Security of Information
The sending of information and messages via the internet may not be secure. You should not send confidential information or personal data over the internet unless you have satisfied yourself as to the security of the communication system to be used.
Secure Messaging System
The Secure Messaging System is an e-mail encryption solution provided by Professional House Sitters Ltd. and can be used with any e-mail application. E-mails are secured using identity-based encryption, which enables you to access your information quickly in addition to keeping the information safe.
The first time you receive a secure message encrypted by the Secure Messaging System, you will need to set up a Secure Messaging System account and register your logon credentials. Setting up an account is easy and does not require you to provide any financial or personal information. You will only be asked to provide a user name and a password of your choice. There is no charge to you for using this service and no requirements to download or install any special software. All that is needed is an e-mail account, connection to the internet and a web browser. Once you have set up your account, you will be able to login and view your message at any time.
Cancellation and Termination
Your membership will continue for the term subject to these conditions. Upon termination of your membership for any reason, you will pay all sums due to us at the date of such termination. We will not make any refunds in part or full for products or services you have paid for prior to termination. Professional House Sitters Ltd. may immediately terminate your membership on notice to you, if you breach any term, condition or warranty under this Agreement. If at any time Professional House Sitters Ltd. have reason to doubt your ability to comply with any term, condition or warranty in this Agreement, Professional House Sitters Ltd. will give you notice and reserve the right to; refuse your membership; audit your processes and practices and charge you for our costs and time in doing so.
Limitation of Liability
Certain of these clauses set out the limitations of Professional House Sitters Ltd.’s liability related to your use of this Site, and should be read carefully. They apply only as far as Irish law permits, and are not intended to curtail Professional House Sitters Ltd.’s statutory duties or liabilities in conducting business, or to affect your statutory rights.
Professional House Sitters Ltd. does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful elements. If your use of the Site results in the need for servicing or replacing equipment or data, Professional House Sitters Ltd. is not responsible for those costs.
To the extent permitted by law, neither Professional House Sitters Ltd. nor its officers, employees or agents will be liable in any way for any loss, damage, costs or expenses suffered by you or claims made against you by reason of your use of the Site or in connection with any services or information supplied, offered to be supplied or advertised through the Site. Professional House Sitters Ltd. cannot be held responsible for the condition of listed homes, the actions of individual members or the accuracy of the listings. To the maximum extent permitted by law, all warranties, conditions and representations about the Site, the accuracy or timeliness of the material provided on the Site and the services advertised via the Site are expressly excluded.
Where any legislation implies a condition or warranty, and that legislation prohibits Professional House Sitters Ltd. from excluding or modifying the application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included but Professional House Sitters Ltd.’s liability will be limited, to the maximum extent permitted by law, for a breach of that condition or warranty to one or more of the following: (i) supplying the services to you again or (ii) the payment of the cost of having the services supplied to you again. Neither Professional House Sitters Ltd. nor any other party involved in creating producing, or delivering the Site, will be liable to you for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, or use of the Site or any linked Web Sites (“Linked Sites”).
You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Site would not be provided to you in the absence of such limitations.
You hereby indemnify and undertake to keep Professional House Sitters Ltd., its affiliates, officers, employees and agents indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Professional House Sitters Ltd. to a third party in settlement of a claim or dispute on the advice of our legal advisors) incurred or suffered by Professional House Sitters Ltd. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Your use of the Site and information on the Site is entirely at your own risk, and Professional House Sitters Ltd. is not responsible for losses resulting from the use of, or from an inability to use, this Site. Such losses include but are not limited to losses caused by viruses or bugs, defects in this Site, interference by an unauthorised third party, fraud or theft, technical failure, deletions or delays.
The information appearing on the Site is for general information only and is subject to change. Professional House Sitters Ltd. does not warrant that information contained on the Site is complete, accurate, or up-to-date. Any aspect of the Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Professional House Sitters Ltd.
Professional House Sitters Ltd. shall not be liable, and shall not otherwise be deemed to be in breach of these Terms and Conditions of Use, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
THE SITE AND INFORMATION ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PROFESSIONAL HOUSE SITTERS LTD. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OR TERMS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, QUIET ENJOYMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL PROFESSIONAL HOUSE SITTERS LTD., SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL CAUSE, AND WHETHER OR NOT PROFESSIONAL HOUSE SITTERS LTD. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement and any Product Specific Terms and Conditions, including all other documents referred to herein and therein represents the entire agreement between the User and Professional House Sitters Ltd. and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of this Agreement.
The User and Professional House Sitters Ltd. acknowledge that, by agreeing to the terms of this Agreement, they do not rely on any statement, representation, assurance or warranty other than as expressly set out herein.
Nothing in this clause shall limit or exclude any liability for fraud.
Professional House Sitters Ltd. reserves the right to modify or update any materials or information on this Site, including these Terms and Conditions, at any time without notice.
If any provision of the Agreement is deemed by a court of competent jurisdiction to be void or unenforceable, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law
This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of Ireland. Each party irrevocably agrees for the benefit of Professional House Sitters Ltd. to submit to the exclusive jurisdiction of the courts of the Republic of Ireland over any claim or matter arising under or in connection with this Agreement.
Nothing in this Agreement shall be interpreted to imply a commitment by the parties to engage with each other in transactions or in the provision of products or services other than the Service.