Website Terms & Conditions of Use
Your access to this Site and the use of information on it is subject to these terms and conditions of use (“Terms of Use”). You should carefully read these Terms of Use. By proceeding further, you will be deemed to have accepted them. If you do not accept the Terms of Use stated here, you are not permitted to use this Site.
This Site is operated by NBI Infrastructure Designated Activity Company for and on behalf of itself and NBI Deployment Designated Activity Company together t/a National Broadband Ireland and collectively referred to in these Terms of Use as “NBI”.
1. Definitions
1.1 In these Terms of Use, the following terms shall have the following meanings:
“Content” means all materials and information contained in the pages, documents, downloads, script and graphics published on the Site (including the layout, functionality and design of same) from time to time and used for any purpose.
“Cookie Statement”`means the information NBI has published on its website ([www.nbi.ie/cookies-statement]) explaining what cookies are, the kinds of cookies used on NBI’s website and how to disable non-essential cookies in your browser.
“Data Privacy Documents” means NBI’s Privacy Statement, Cookie Statement and related documents as amended, extended or replaced from time to time for such reasons as NBI deems reasonable or necessary.
“Data Protection Law” means all legislation and regulations relating to the processing and protection of personal information including (without limitation) the Data Protection Acts 1988 – 2018 (as amended), the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, and the General Data Protection Regulation (EU) 2016/679.
“Privacy Statement”means the information NBI has published on its website ([www.nbi/privacy-statement]) explaining how NBI protects the personal data we process and control relating to you and the rights you have in relation to the processing of your personal data.
“Site”means the website of NBI (www.nbi.ie) including both the open access (publicly available) sections and the restricted access (registration requirement) sections of the website and including NBI’s retail service provider portal.
“We”; “us”; and “our” means NBI.
“You”; and “your” means you, the person accessing this Site.
2. Other applicable terms
2.1 These Terms of Use refer to the following additional terms which also apply to your use of this Site:
2.1.1 Our Privacy Statement which sets out the basis by which NBI processes the personal data we collect from you and our resultant obligations pursuant to applicable Data Protection Law; and
2.1.2 Our Cookies Statement which sets out information about the cookies on the Site.
2.2 Should there be any conflict between these Terms of Use and the Data Protection Documents, these Terms of Use shall prevail.
3. Hypertext and other links
3.1 This Site may contain links to third party websites. These links are not an endorsement by us of the content on such third-party websites. NBI is not responsible for the content of linked third-party websites and does not make any representations or warranties regarding the content or accuracy of materials on such websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third-party websites. NBI shall not be liable in any way for the content, availability or use of such link to third-party websites.
4. Copyright
4.1 Copyright in this Site and the Content on it belongs to us or our licensors and may not be copied, transmitted or reproduced without our prior consent. All copyright, trademark and other proprietary notices must be left intact.
4.2 Other than in accordance with these Terms of Use or with the prior written consent of NBI, you may not modify, copy, distribute, transmit, reverse engineer, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content.
5. Content and Availability
5.1 NBI make no representations about the suitability of the Content. NBI hereby disclaims all warranties and conditions regarding the Site and its Content. All Content is provided on an “as is” basis without warranty of any kind.
5.2 While NBI attempts to ensure that the Content is accurate, we cannot guarantee that it will always be fault-free. The Content could, from time to time, include technical inaccuracies, typographical or photographic errors. We endeavour to correct errors and omissions as quickly as practicable but do not accept liability for any such errors and omissions.
5.3 NBI reserves the right (in its sole discretion) at any time and from time to time without notification to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Site (or any part of it) and/or the Content, products and/or services (or any part of them) available through the Site. Additionally, NBI shall not be obliged to remove any outdated Content on the Site or to expressly mark it as being outdated.
6. Access and Security
6.1 Completion of the online registration process is required to enable login to the restricted access section of the Site.
6.2 The open access section of the Site does not require any registration and visitors/users are free to explore that section of the Site without any login requirements.
6.3 You are responsible for the security and proper use of all user IDs and passwords used in connection with the Site (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.
6.4 You must immediately inform NBI if there is any reason to believe that a user ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
6.5 NBI reserves the right, in its sole discretion, to suspend User ID and password access to the Site if at any time NBI considers that there is or is likely to be a breach of security.
6.6 You must immediately inform NBI (through the means provided on the Site) of any changes to the information you supplied when registering for the Site.
6.7 For security reasons, passwords must be created in accordance with the parameters and instructions as set out in the Site.
7. User Information
7.1 NBI reserves the right at all times to monitor, review, retain and/or disclose any information or material generated by you through the Site as may be necessary to satisfy any applicable law, regulation, legal process, governmental request or law enforcement agency. Such information (subject to our Privacy Statement) may also be held and used by NBI and its agents for our own commercial purposes including but not limited to user profiling, order processing, administration, market research, and to inform you about our products and services generally (the latter will only take place if you specifically sign up to receive our updates to by sending an email to NBI at contactus@nbi.ie.)
7.2 Save as set out in our Privacy Statement, NBI will not disclose to third parties any personal information about you or your use of the Site without your prior permission unless NBI has a good faith belief that such action is necessary to:
7.2.1 conform to legal requirements or comply with legal process;
7.2.2 protect and defend the rights or property of NBI;
7.2.3 enforce these Terms of Use;
7.2.4 act to protect the interests of relevant third parties; or
7.2.5 respond to service or technical issues.
8. Virus Protection
8.1 NBI makes commercially reasonable efforts to check and test the Site and its Content at all stages of production. However, you must take your own precautions to ensure that the process that you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. NBI cannot and does not accept any responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using material derived from the Site.
9. Prohibited Use of this Site
9.1 You must not use the Site:
9.1.1 to gain unauthorised access to other computing systems;
9.1.2 in any way that may damage, disable, overload or affect the operation of the Site;
9.1.3 to permit or make any attempt to disassemble, deconstruct, break down, hack or otherwise interfere with the Site
9.1.4 to solicit participation in public discussion, debate, comment or activity outside the Site;
9.1.5 to harvest or otherwise collect information about others (including e-mail addresses and other forms of personal data), without their consent;
9.1.6 to provide false or misleading information about yourself or your business, or create a false identity;
9.1.7 in contravention of any licence, code of practice, instructions or guidelines issued by a regulatory authority, third party’s rights, or any NBI guidance or policies;
9.1.8 fraudulently or in connection with a criminal offence or in any way that is unlawful or in breach of any legislation and you must make sure that this does not happen; or
9.1.9 to send, communicate, knowingly receive, upload or download any material or content that is offensive, abusive, indecent, defamatory, libelous, menacing or that causes annoyance, inconvenience, needless anxiety or that is intended to deceive.
9.1.10 so as to jeopardise or prejudice the operation, quality or integrity of this Site or the information or content contained therein, or the operation, quality or integrity of any telecommunications network or to infringe the copyright of NBI;
9.1.11 to distribute, download, upload or transmit any material which contains viruses, trojans, worms, logic bombs, cancelbots or other material which is malicious or harmful; or
9.1.12 to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
9.2 If NBI reasonably believes (in its sole discretion) that you have breached any of your obligations under the Terms of Use, NBI may, without notice:
9.2.1 suspend or cancel your registration;
9.2.2 suspend or block access to any area of the Site that doesn’t require registration; or
9.2.3 take such other steps as we deem appropriate.
10. Limitation of Liability and Disclaimer
10.1 NBI will use its reasonable endeavours to ensure that the Site is fully operational at all times. However, due to the nature of interactive services and the internet generally, NBI cannot guarantee that its website will be free from delays, interruptions or errors.
10.2 Except as expressly set out in these Terms of Use, all representations, warranties, terms and conditions whether express or implied in relation to this Site or the information contained herein are hereby excluded to the fullest extent permitted by law.
10.3 NBI does not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits, corruption or destruction of data) arising as a result of the Site or the Content contained therein (including any errors, inaccuracies or omissions in such Content or any faults, interruptions or delays in connection with the Site).
11. Changes to the Terms of Use
11.1 These Terms of Use are subject to change by NBI without notification. You agree to visit this page periodically to review the Terms of Use, because they are binding on you and each time you use this Site you agree to be bound by the then current Terms of Use.
11.2 NBI accepts no responsibility or liability for keeping the Content in the Site up to date or for any failure to do so.
12. General
12.1 If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
12.2 Any attempted access to this Site or attempted use of the information contained therein is subject to these Terms of Use.
12.3 You may not transfer any of your rights or obligations under these Terms of Use to another party.
12.4 NBI reserves the right to amend without notice at any time the content of this Site and the information contained therein, including these Terms of Use and our Data Privacy Documents.
12.5 If NBI delays in acting upon a breach of these Terms of Use, that delay will not be regarded as a waiver of that breach. If NBI waives a breach of these Terms of Use, that waiver will be limited to that particular breach.
12.6 If you violate any of these Terms of Use, your permission to use this Site and the contents and information on this Site automatically terminates and you must immediately destroy any unauthorised copies you have made of the contents and information on this Site.
13. Governing Law
13.1 These Terms of Use (including any amendments made thereto), the operation of the Site and all Content appearing on the Site shall be governed by and construed in accordance with the laws of Ireland and that the courts of Ireland shall have exclusive jurisdiction to resolve any disputes arising out of or in connection therewith.
