Terms


Terms And Conditions

  

  

Welcome to www.michaelh.ie

Please read these Terms & Conditions carefully.

These Terms & Conditions govern your relationship with Michael H Limited ("Michael H", "we", "our", "us") when you use our online services (the "Services"), including the services on this website (the "Site"). Unless otherwise stated, the services on this Site are provided to you by Michael H.

By accessing or using this Site, you accept and agree to these Terms and Conditions (which include our Privacy Policy) and you agree that your use of this Site is subject to these Terms & Conditions. If you do not agree to all of these Terms and Conditions, you may not use this Site.

Definitions

"Address" is Michael H, 58-64 Upper Dominick Street, Dublin 7, Ireland;
"Site" includes the Services provided and its content;

Changes to these Terms & Conditions

We may make changes to these Terms and Conditions from time to time, which will be effective when posted on this site. We may not notify you directly or personally of changes to the Terms and Conditions and so we encourage you to check the Site regularly for any updated, as Michael H will not be liable to you for any changes. Your continued use of this Site following the posting of changes will mean to accept those changes.

Ownership and Reservation of Intellectual Property Rights

The www.michaelh.ie website is owned and operated by Michael H Limited., trading as The Fashion House of Michael H ("Michael H"), whose registered office is 58-64 Upper Dominick Street, Dublin 7, Ireland.

You acknowledge and agree that copyright, trade marks and all other intellectual property, in all content supplied as part of this Site are owned by or licensed to Michael H. Michael H and all other names, images, pictures, logos and icons identifying Michael H or its services are, unless otherwise stated, trade marks or trade names of Michael H Limited.

Site Content

Unless otherwise expressly specified, this Site, the Services and Content are for your sole personal and non-commercial use only and you may not copy, transfer or make available for transfer to any other device (including to a personal portable device, memory stick or other data storage device) or to any other person, or otherwise reproduce or modify any part of the Site, the Services, the Content or their source HTML code in any form or by any means (electronic, mechanical or otherwise).

The downloadable images within the Site are for editorial purposes only and can be used in connection with relevant subject matter to profile Michael H positively. All images remain the property of Michael H. Under no circumstances can these images be used for any personal or commercial purposes.

Any other Product and company names mentioned in the Site may be trade marks of their respective owners.

All intellectual property rights in the design, content and arrangement of the Site (including its text and graphics, all software compilations or underlying source code, and all other material on the Site) are reserved to Michael H, its affiliates or content and/or technology providers.

Your Use of Our Site

You are provided with access to the Site in accordance with these Terms and Conditions free of charge and for your personal and non-commercial use only.

The Site is intended for use by people resident in the following countries: Ireland and the United Kingdom. If you choose to access this Site from outside Ireland and the United Kingdom, you are responsible for compliance with local laws if and to the extent local laws are applicable.

You May Not:
• Restrict or inhibit any other user from using and enjoying this Site or the Services;
• Act in a way that would damage, disable, overburden or impair this Site or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
• Impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• Exploit any information or other material obtained on or through this Site for commercial purposes;
• Engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, "screen scraping" or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Michael H cookies for purposes which are unrelated to the Services);
• Attempt to gain unauthorised access to other computer systems through this Site;
• Obtain to attempt to obtain any materials or information through any means not intentionally made available or provided for through this site; or
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of or access to this Site or the Services.

Customer Services

If you wish to contact our Customer Services team you can do so by emailing us at onlinesupport@michaelh.ie.

Privacy

Michael H takes privacy seriously. Please refer to our Privacy Policy on our Site.

Disclaimers

Nothing in this section affects your statutory rights.

Through this Site, you will be provided with services that may include information, editorial content, links to other web sites and other services and content that Michael H may decide to offer, subject to the terms hereof. Michael H may, in its sole discretion, discontinue or alter all or any aspect of the Site or Services, including, but not limited to (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain platforms (i.e. computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Services, at any time in our sole discretion and without prior notice or liability.

Michael H intends to provide as part of the Services the most current information available and Michael H will make reasonable efforts to ensure that the information is updated on a regular basis. However, we make no guarantee whatsoever that the information posted is accurate or timely.

The Site provides links to web sites maintained by third parties ("Third Party Sites") and we may from time to time provide third party materials on this Site. Neither Michael H, its parent or subsidiary companies nor their respective affiliates or suppliers operate or control in any respect any information, products or services on these third party sites.

THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THIS STIE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, SAVE TO THE EXTENT PROHIBITED BY APPLICABLE LAW, (I) MICHAEL H DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFOMANCE OR COURSE OF DEALING; (II) MICHAEL H DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THIS SITE GENERALLY, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (III) MICHAEL H DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.

You assume all risk of errors and/or omissions in this Site, including the transmission or translation of information.

You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of this Site, including the information offered by you, and for maintaining by any means that you may require for the reconstructions of lost data or subsequent manipulations or analyses of the information, provided hereunder.

You acknowledge and agree that your use of this Site and any information sent or received in connection herewith may not be secure and may be intercepted by unauthorised parties.

You assume responsibility for the entire cost of maintenance, repair or correction to your computer system or other property.

This Site is directed primarily at residents of Ireland and the United Kingdom (England, Scotland, Wales and Northern Ireland).

We do not make any promise that materials on this Site are appropriate or available for use outside Ireland or the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from outside Ireland and the United Kingdom you do so at your own risk and are fully responsible for ensuring compliance with local laws if and to the extent that local laws are applicable.

To the fullest extent allowed by applicable law, you agree we shall not be liable to you/or any third party for any delay in delivery, loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data nor for any special indirect or consequential or incidental damages or any other costs expenses or other claims whatsoever that arise out of or are related to the Site or the Products.

Limitation of Liability

IN NO EVENT SHALL MICHAEL H OR ANY OF OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR FOR EXEMPLARY DAMAGES OR FOR ANY DIRECT OR INDIRECT LOSS OF PROFITS, GOODWILL, USE OR DATA, INCLUDING WITHOUT LIMIATION ANY SUCH LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SITE AND/OR THE PRODUCTS AND SERVICES MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE OR ANY MICHAEL H COMPANY OR ANY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THIS WAIVER APPLIES WITHOUT LIMIATION TO ANY LOSSES, DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF ANY SERVICE OR INFORMATION ON OR CONNECTED WITH THIS SITE.

Miscellaneous

You acknowledge and agree that the warranties, disclaimers and limitations in these Terms and Conditions are material terms and that they have been taken into account in the decision by Michael H to provide this Site and Services hereunder.

You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Michael H. Any such assignment shall be invalid without such consent.

You agree that you will, at our request, perform all acts and execute all documents as may be required to give effect to these Terms and Conditions.

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions, shall be enforced to the fullest extent allowed by law so as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.

These Terms and Conditions and any posted operating rules constitute our entire agreement with you with respect to your use of the Site and the Services, and supersede all prior or contemporaneous communications and proposals, whether written or oral, between us with respect to such use.

The rights and remedies provided in these Terms and Conditions are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.

No failure or delay by either of us in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or Michael H of any right, power or privilege shall preclude any further exercise of that right, power or privilege or exercise of any other right, power or privilege.

No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party.

The headings used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between you and Michael H and neither of us shall be or hold itself out to be the agent of the other.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland. You hereby agree to the non-exclusive jurisdiction of the Courts of Ireland regarding any and all disputes relating to or arising from these Terms and Conditions of your use of this Site or the Services.

 



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