Terms & Conditions
1. General
The following terms and conditions (hereinafter the “BizSite Advertiser Terms”), along with our General
Terms and Conditions (hereinafter the “General Terms and Conditions”) and other applicable
terms and policies, apply to Your use of any service (each, a “BizSite Feature”)
that we may make available or make available for You to display, facilitate the sale of, facilitate
the lease of or rental of, or facilitate the lease of or sale of services or goods through BizSite
to users (each a “User”) on or through bizsite.ie surfaces and/or any of bizsite.ie
Platforms.
The BizSite Advertiser Terms and the General Terms and Conditions are and shall be read in conjunction
with each other and hereby and henceforth comprise the full terms and conditions applicable to
BizSite (hereafter together the “BizSite Advertiser Terms and Conditions”).
FCR Media Limited, trading as BizSite (hereinafter “FCR Media” or "BizSite" or “we” or “us”)
whose head office is at Alexandra House, 3 Ballsbridge Park, Ballsbridge, Dublin 4, D04 C7H2
is a limited company incorporated in Ireland and is a company that trades; provides its products
and/or services and operates its businesses under the following names, amongst others,
Goldenpages; goldenpages.ie; GetSold; GetSold.ie; GetDomains; GetDomains.ie; GetHosting;
GetHosting.ie; ListingManager; Snapsync; Snapsync.ie; SayHi Wifi; Sayhiwifi.ie; GetLocal; getlocal.ie; BizSite; bizsite.ie; Marketplace; Shopfront; Saymore; Saymore.ie and where applicable,
eircomphonebook; and eircomphonebook.ie.
By accepting the BizSite Advertiser Terms and Conditions and by entering into any agreement
with us in relation to BizSite, You agree that You are signifying Your agreement to be bound
by the BizSite Advertiser Terms and Conditions. These BizSite Advertiser Terms and Conditions
strictly binds You and all Users as well as any party; parties or person(s) who has or have Your
authority and/or who may be associated with You. If You do not read or if You disagree with
any aspect of these BizSite Advertiser Terms and Conditions, You should not use BizSite (as
well as any product, service or platform associated with BizSite). Your use of and continued
use of BizSite signifies Your agreement and ongoing agreement to be bound by these
BizSite Advertiser Terms and Conditions in whatever capacity You use and/or access BizSite
(as well as any product, service or platform associated with BizSite) and howsoever You use
and/or access BizSite (as well as any product, service or platform associated with BizSite).
By using BizSite (as well as any product, service or platform associated with BizSite), You
acknowledge that You have read, understood and fully agree to our BizSite Advertiser Terms and
Conditions and to be bound by our BizSite Advertiser Terms and Conditions.
After reading the BizSite Advertiser Terms and Conditions, if for any reason You do not agree
with or cannot abide by the BizSite Advertiser Terms and Conditions, please notify Your
disagreement with the BizSite Advertiser Terms and Conditions to us in writing. By using
BizSite and/or any other FCR Media platforms, services or products, You are signifying Your
agreement to the BizSite Advertiser Terms and Conditions and will be strictly bound by the terms
and provisions and conditions of the BizSite Advertiser Terms and Conditions.
2. Change to the BizSite Advertiser Terms and Conditions
FCR Media may modify; amend; change, alter or terminate any of the facilities and/or any of
the services offered through BizSite at any time and from time to time, for any reason and
without notice and without any liability to You; any other user or any third party. We reserve the
right to change the content, presentation, performance, user facilities and/or availability of
BizSite or any part of BizSite at our sole discretion, including changing these BizSite Advertiser Terms and Conditions at any time and from time to time. Please ensure that You review
BizSite and the BizSite Advertiser Terms and Conditions for any updates and changes each
time You access BizSite. Your continued use of the Website and/or service shall signify Your acceptance of any amendments; modifications; changes or revisions to our BizSite Advertiser Terms and
Conditions.
3. Acceptance of the BizSite Advertiser Terms and Conditions and Amendments thereto
You agree to be bound by these BizSite Advertiser Terms and Conditions and such amendments
and/or changes and/or modifications that may be made at any time and from time to time with
or without notice to You. You acknowledge and accept that You will be subject to any rules or
guidelines applicable to BizSite and the rules and/or guidelines applicable to BizSite shall
be incorporated into, form part of and be read in conjunction with these BizSite Advertiser Terms
and Conditions.
Any variation of these BizSite Advertiser Terms and Conditions (including any special BizSite Advertiser Terms and Conditions and terms and conditions agreed between the parties) shall be
inapplicable and unenforceable unless agreed in writing.
4. Your Statutory Rights
Nothing contemplated by BizSite shall affect Your Statutory Rights as a consumer under Irish
consumer legislation. Nothing in the BizSite Advertiser Terms and Conditions shall create or be
construed or interpreted to create any partnership or joint venture between FCR Media and
You.
5. Minimum Age and Responsibility
If You are under the age of 18 You may only use BizSite in conjunction with and under the
supervision of Your parent(s) or guardian(s). By using BizSite, You understand that You are
legally and financially responsible for all use of BizSite by You and those using Your log-on
information. By using BizSite and thereby agreeing to these BizSite Advertiser Terms and
Conditions, You agree that You will notify us immediately of any unauthorised use or any other
breach of security. BizSite shall in no way be responsible for any matters whatsoever or
howsoever arising and relating to the use of or access to BizSite by any person or persons
under the age of 18.
6. Definitions
In these BizSite Advertiser Terms and Conditions, the following words and phrases have the
following meanings:
“Agreement” means this agreement and which term includes and incorporates Your full
acceptance of our BizSite Advertiser Terms and Conditions and any and all conditions set out
herein and therein.
"You" and "Your" means you, the Business.
"we/us/our" means FCR Media, trading as BizSite, including, where appropriate, its
directors; officers; employees; servants and authorised agents.
"Contract" means the contract between You and a Purchaser for the Sale and Purchase of
Good(s) and/or Product(s) and/or Service(s).
"Deal" means a deal completed between You to a Purchaser.
“Listing(s)” and/or “Profile(s)” means Your Business, Products, Goods, and/or Services,
displayed on bizsite.ie and/or goldenpages.ie via Results Pages, ShopCards, Shops, and/or Marketplace, or displayed on any other service provided by goldenpages.ie.
“Merchant/Business” means You, the Business.
“Product(s)” and/or “Services(s)” means Your good(s); product(s) and/or service(s)s offered by You and readily
available and identifiable through an internet search and reference to Product(s) and/or Services(s) hereinbefore
and hereinafter shall include any good(s); product(s) and/or service(s) offered by You and
reference to Good(s); Product(s) and/or Service(s) shall be construed accordingly.
“Purchase” means the purchase by a Purchaser of a Product(s) and/or Service(s) from You.
"Purchaser" means an individual or a party who Purchases a Product(s) and/or Service(s) from You.
“Sale” means the sale by You of a Product(s) and/or Services(s) to a Purchaser.
“Business Commerce Features” means the online service, and features therein, provided to the
Business via bizsite.ie, goldenpages.ie, ShopCards, Shops, and Marketplace.
“Business Content” means the information displayed in relation to Your Business, Products,
Goods, and/or Services, including but not limited to descriptions, images, prices, logos,
trademarks; as provided by You through various means, including via goldenpages.ie APIs or
allowing FCR Media to use automated software to retrieve information from Your domain(s)
and webpage(s) or other URL(s) provided by or made available by You or on Your behalf.
“Service” means the service provided by us through BizSite (as well as any product, service
or platform associated with BizSite).
“User” means a person or persons or party or other entity that browses and/or access and/or
uses BizSite (as well as any product, service or platform associated with BizSite), which
term shall where the context so requires, include You; a Purchaser as well as any User who
does or has not registered but who uses or accesses information provided on BizSite (as well
as any product, service or platform associated with BizSite).
“Website” means bizsite.ie.
7. Business Content and Your use of Business Commerce Features
7.1 We may display Product(s) and/or Service(s) listings shared by You or Product(s) and/or Service(s) on Your behalf (“Product and/or Service Listings”) or other content, data, or information shared by You or on Your behalf (together with Product and/or Service Listings, “Business Content”) on the bizsite.ie surfaces.
7.2 Your Business Content and use of Business Commerce Features must comply at all times with the
BizSite Advertiser Terms and Conditions, our other applicable policies, and all applicable laws,
rules and regulations.
7.3 You may not offer or sell counterfeit or pirated Product(s) and/or Service(s) through the Business
Commerce Features. You are solely responsible for determining whether the Business Commerce
Features are suitable for Your intended use.
7.4 You may provide Business Content through various means, including via goldenpages.ie APIs or
allowing FCR Media to use automated software to retrieve information from Your domain(s)
and webpage(s) or other URL(s) provided by You or on Your behalf. FCR Media, or any entity acting on FCR Media’s behalf, may access, index, cache, analyse, or crawl, including through use of
automated software, the domain(s) and webpage(s) associated with Your Business Content in
connection with our Business Commerce Features, enforcement of our Commerce Policies, or
both. If You provide URLs or similar content in connection with Business Content, You grant FCR
Media, any entity acting on FCR Media’s behalf, the right to access, index, cache, analyse, or
crawl the URL(s) and the content available through such URL(s), or any portion thereof and,
based, to pull updates periodically from such URL(s) to create, augment, or update Your Business
Content.
7.5 You are solely responsible for the form, make-up and content of Your Business Content (including
description, price, fees, tax that You calculate, any required legal disclosures, and any offers or
promotional content) and agree that such Business Content will be true, accurate, and complete.
You acknowledge and accept that FCR Media has absolutely no liability and/or responsibility
for the Business Content and You agree to indemnity FCR Media in all respects in relation to Business
Content and shall keep FCR Media indemnified and effectually indemnified in all regards and in
all respects thereto.
7.6 By using BizSite, You authorise FCR Media to use any trademarks, service marks, trade
names, proprietary logos, domain names and any other source or business identifiers in
connection with FCR Media’s authorised use of the Business Content that You submit through
bizsite.ie and goldenpages.ie.
7.7 You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to
host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and
create derivative works of any Business Content provided by You or accessed by us in connection
with the Business Commerce Features, including photos and videos, in connection with the
Product(s) and/or Service(s). You agree that You have all necessary rights in Business Content to grant the licence in the foregoing sentence.
7.8 You are responsible for displaying any sales, privacy, or other terms or other information or
disclosures related to Your Business Content that You want to apply to Your interactions with
Users on Your own properties. Any such terms, information, or disclosures do not bind us and
may not conflict with these BizSite Advertiser Terms and Conditions and our other applicable
terms and policies.
7.9 You are solely responsible for ensuring that the Business Content is clear and professional in
appearance. This content should lead users to Product(s) and/or Service(s) and landing pages that are relevant, useful, and easy to interact with. We may choose not to surface Product(s) and/or Service(s) where the associated landing page; results in an error, is under construction, leads to parked domains, is not working, has disabled the browser's back button, is not viewable in commonly used browsers, or for any other reason where the Business Content does not meet editorial and professional standards.
7.10 From time to time, we need to test improvements to our audiences and delivery systems, which
could impact how Your Business Content is displayed or Your use of Business Commerce Features or
other services. Our testing is designed to improve the effectiveness of Your Product(s) and/or Service(s) Listings and Business Content. We reserve the right to test when we believe it will be beneficial for Business performance.
7.11 You are responsible for any defect or non-conformity and complying with any recall or safety
alert with respect to any product or service related to Your Product(s) and/or Service(s) Listings and/or Business Content. You agree to immediately remove any Product(s) and/or Service(s) and/or Business Content upon issuance of any recall or safety alert or allegation of infringement of intellectual property rights with respect to products or services relating to Your Product(s) and/or Service(s) and/or Business Content.
7.12 We are not responsible for managing, paying for, or fulfilling any sales or customer service or
warranty service, managing returns, or accommodations in connection with Your use of a Business
Commerce Feature. Any guidance we provide regarding price for Product(s) and/or Service(s) is informational only and optional.
7.13 We may allow Users to post content, including ratings and reviews, related to You or Your
Business Content. You understand automated software may be used to present more useful
ratings and reviews to Users. You may not submit or cause or allow others to submit illegitimate
ratings or reviews.
7.14 The BizSite Advertiser Terms and Conditions do not create any partnership, joint venture,
franchise, sales representative or agency relationship between You and FCR Media or any
exclusive relationship between us.
8. Prohibited Content
Advertising, Promoting, Buying, or Selling of the following (which list is non-exhaustive) is strictly prohibited on BizSite and goldenpages.ie commerce surfaces and features:
8.1.1 Adult-oriented content: The promotion of adult orientated content including; adult
merchandise, sexually suggestive content, images containing exposed skin and
nudity, is restricted.
8.1.2 Alcoholic beverages: The promotion of alcoholic beverages and drinks that resemble
alcoholic beverages is restricted. When promoting alcoholic beverages, You may not;
violate applicable laws and industry standards, target individuals below the legal
drinking age, imply that drinking alcohol can improve social, sexual, professional,
intellectual, or athletic standing, imply that drinking alcohol provides health or
therapeutic benefits, portray excessive drinking in a positive light or feature binge or
competition drinking, show alcohol being consumed in conjunction with the operation
of a vehicle of any kind, the operation of machinery, or the performance of any task
requiring alertness or dexterity. Examples of restricted alcoholic beverages: beer;
wine; sake; spirits or hard alcohol; Champagne; fortified wine; non-alcoholic beer;
non-alcoholic wine; and non-alcoholic distilled spirits.
8.1.3 Copyrighted content: The promotion of copyrighted content is restricted. If You would
like to promote copyrighted content and believe You are legally authorised to do so,
You can contact us.
8.1.4 Gambling-related content: The promotion of gambling-related content is restricted
Examples of restricted gambling-related content: national or private lotteries; offering
bonus codes or promotional offers for gambling sites.
8.1.5 Healthcare-related content: The promotion of healthcare-related content including;
over-the-counter medication, prescription drugs, unapproved pharmaceuticals and
supplements, pregnancy and fertility-related Product(s) and/or Service(s), sexual enhancement treatments, is restricted. The restrictions that apply to this content may vary depending on the Product(s) and/or Service(s) You're promoting.
8.1.6 Political content: The promotion of political content is restricted. Where a Businesses
content seeks to promote political content they must ensure that all applicable laws
and industry standards for any location targeted are observed. Examples of political
content: promotion of political parties/candidates, political issue advocacy.
8.1.7 Trademarks: Trademark use by Businesses on goldenpages.ie commerce surfaces are
not restricted in the title or description of listings where the use of the trademark is for
trademarked Product(s) and/or Service(s) or a Product(s) and/or Service(s) compatible with the trademarked Product(s) and/or Service(s). Claims by trademark owners that use of their trademark is likely to cause consumer confusion about the origin of a Product(s) and/or Service(s) will be reviewed. To submit a trademark- related complaint if You’re an owner of the trademark, please contact us.
8.1.8 Animals: Business Content may not promote the buying or selling of animals.
8.1.9 Body Parts and Fluids: Business Content may not promote the buying or selling of human body
parts or fluids.
8.1.10 Dangerous or toxic products:Business Content may not promote products that cause damage,
harm, or injury. Examples include; recreational drugs (chemical or herbal);
psychoactive substances; equipment to facilitate drug use; weapons, ammunition,
explosive materials and fireworks; instructions for making explosives or other harmful
products; tobacco products.
8.1.11 Digital Media and Electronic Devices: Business Content may not promote the buying or selling
of devices that facilitate or encourage streaming digital content in an unauthorized manner or interfering with the functionality of electronic devices.
8.1.12 Documents, Currency, and Financial Instruments: Business Content may not promote the
buying or selling of real or fake documents, currency, financial instruments and virtual
currency.
8.1.13 Counterfeit Products: Business Content may not promote the sale of counterfeit products.
Counterfeit Products contain a trademark or logo that is identical to or substantially
indistinguishable from the trademark or logo of another. They mimic the brand
features of the product in an attempt to pass themselves off as a genuine product of
the brand owner.
8.1.14 Hazardous Products and Materials: Business Content may not promote the buying or selling of
hazardous materials and substances.
8.1.15 Human Exploitation and Sexual Services: Business Content may not promote any form of
human trafficking, prostitution, escort, or sexual services.
8.1.16 Ingestible Supplements: Business Content may not promote the buying or selling of ingestible
supplements.
8.1.17 Inappropriate content: Business Content may not promote Product(s) and/or Service(s) that display shocking content or promote hatred, intolerance, discrimination, or violence.
8.1.18 Medical and Healthcare Product(s) and/or Service(s): Business Content may not promote medical and healthcare products and services, including medical devices, or smoking cessation products containing nicotine.
8.1.19 Misleading, Violent, or Hateful: Business Content may not contain misleading, violent, or hateful
Product(s) and/or Service(s) and/or Offers.
8.1.20 No Item for Sale: Business Content may not promote news, humour, or other content that does
not offer any product or service for sale.
8.1.21 Prescription Products, Drugs, and Drug Paraphernalia: Business Content may not promote the
buying or selling of drugs, drug paraphernalia, or prescription products.
8.1.22 Products or services that enable dishonest behaviour: Business Content may not promote
products or services that are designed to enable dishonest behaviour Examples
include: Hacking software or instructions; fake documents; academic cheating
products.
8.1.23 Recalled Products: Business Content may not promote the buying or selling of recalled
products.
8.1.24 Stolen Products: Business Content may not promote the buying or selling of items that have
been stolen.
8.1.25 Third-Party Infringement: Business Content may not contain content that infringes upon or
violates the intellectual property rights of any third party,
including copyright or trademark. This includes, but is not limited to, the promotion or sale of counterfeits, such as goods that copy the trademark (name or logo) and/or
distinctive features of another company’s Product(s) and/or Service(s) to imitate a genuine Product(s) and/or Service(s).
8.1.26 Tobacco Products and Related Paraphernalia: Business Content may not promote the buying or
selling of tobacco products or tobacco paraphernalia.
8.1.27 Weapons, Ammunition, and Explosives: Business Content may not promote the buying, selling,
or use of weapons, ammunition, and explosives.
9. Prohibited Practices
The following non-exhaustive list of practices are prohibited on BizSite and goldenpages.ie
commerce surfaces and features:
9.1.1 Abuse of the platform: We do not allow the promotion of; malicious content, sites that
offer little unique value to users and are focused primarily on traffic generation,
Businesses who attempt to gain an unfair advantage, Businesses who attempt to bypass our
review processes.
9.1.2 Irresponsible data collection & use: Businesses must ensure they comply with all relevant
Data Protection and GDPR requirements. As such, our Businesses must not misuse
information, nor collect it for unclear purposes or without appropriate security
measures.
9.1.3 Misrepresentation: Businesses may not represent themselves or their Product(s) and/or Service(s) in a way that is not accurate, realistic, and truthful. Businesses may not seek to promote practices
that prompt users to initiate a purchase or other commitment without first providing all
relevant information and obtaining the user’s explicit consent.
10. Commerce Eligibility Requirements
In order to advertise on Goldenpages.ie commerce surfaces as a business, Your goldenpages.ie
account must meet the following requirements:
10.1.1 Comply with our policies.
10.1.2 Represent Your business and Your domain.
10.1.3 Be located in Ireland.
10.1.4 Have a listing on goldenpages.ie
10.1.5 All businesses that comply with our eligibility policies may be represented on goldenpages.ie and bizsite.ie
10.1.6 Demonstrate trustworthiness.
10.1.7 Provide accurate information and follow best practices.
10.1.8 Must not be a crowdfunding or dropshipping enterprise.
Failure to satisfy these requirements at any time may lead to loss of access to goldenpages.ie
Commerce surfaces, Commerce features, or may lead to Your account being disabled.
Goldenpages.ie commerce surfaces include, but are not limited to, bizsite.ie, goldenpages.ie listings, Shopcards, Marketplace.
11. Warranties, Undertakings and Acknowledgements
You fully and absolutely acknowledge, agree and accept that FCR Media:
11.1 expressly disclaims all warranties of any kind, implied or express, including but not
limited to the warranties of merchantability, fitness for a particular purpose and non-
infringement relating to each and any and Product(s) and/or Service(s) that may be, is or are purchased by a Purchaser from You, used by a Purchaser or availed of by a Purchaser from You
and/or through any third party website(s), point(s) of sale, social media platform(s)
and/or online shop(s) from any such third party website(s), Business(s), merchant(s);
service provider(s); point(s) of sale, social media platform(s) and/or online shop(s);
11.2 makes no warranty, implied or express, that any part of the service of bizsite.ie will
be uninterrupted, error-free, virus-free, timely, secure, accurate, and reliable, of any
quality, nor that any content is safe in any manner for download; and
11.3 accepts no risk and/or our liability of any kind with respect to the information that You
provide in relation to any third party website(s), Business(s), merchant(s); service provider(s); point(s) of sale, social media platform(s) and/or online shop(s) and/or advertisers through Your use of bizsite.ie.
You fully and absolutely undertake, warrant and represent to FCR Media as follows:-
11.4 You hereby agree and accept and acknowledge that each, any and all Product(s) and/or Services(s) that may be, is or are purchased from You, used and/or availed of by a Purchaser from
You and/or any third party website(s), Business(s), merchant(s) or service provider(s);
point(s) of sale; social media platform(s) and/or online shop(s) is/are strictly subject to
Your independent and separate agreement (in each and every case) with such
Purchaser in all regards and specifically in relation to any third party website(s),
Business(s), merchant(s) or service provider(s); point(s) of sale, social media platform(s)
and/or online shop(s);
11.5 You hereby agree and accept and acknowledge that each, any and all Product(s) and/or Service(s) that is, may be or are purchased from You, used and/or availed from You by a Purchaser
is strictly subject to Your own terms of use or terms and conditions and/or subject to
any applicable agreement of any third party website(s), Business(s), merchant(s) or
service provider(s); point(s) of sale, social media platform(s) and/or online shop(s);
11.6 You hereby agree and accept and acknowledge that FCR Media has no privity of
contract with any Purchaser (nor with You in relation to any Contract and/or
Purchase); nor with any third party website(s), Business(s), merchant(s) or service
provider(s) in any respect with regard to each, any and all Product(s) and/or Service(s) that is, may be
or are purchased from You, used and/or availed from You by a Purchaser and/or any
and all Contracts and Purchases that are at all times subject to an applicable
agreement between the Purchaser and You and/or between the Purchaser and any
third party website(s), Business(s), merchant(s) or service provider(s); point(s) of sale,
social media platform(s) and/or online shop(s);
11.7 You hereby agree and accept and acknowledge that each, any and all Purchases
between You and a Purchaser are independent and separate agreements between
You and such Purchaser;
11.8 You hereby agree and accept and acknowledge that the point of sale shall be the
Contract and/or Agreement (including any and all transactions) that You enter into,
make and complete with a Purchaser;
11.9 You hereby agree and accept and acknowledge that all sales and all matters relating
to the processing of payments shall be (and shall remain) a matter between You and
the Purchaser and/or between You and the Purchaser and any third party website(s);
Business(s); merchant(s); service provider(s); social media platform(s) and/or online
shop(s) and shall under no circumstance involve or include FCR Media.
11.10 You hereby agree and accept and acknowledge that in relation to each, any and all
Product(s) and/or Service(s) that is, may be or are purchased from You, used and/or availed from You
by a Purchaser and/or purchased by a Purchaser from any third party website(s);
point(s) of sale; social media platform(s); online shop(s); Business(s), merchant(s) or
service provider(s) there shall be no privity of contract nor any contractual relationship
nor any fiduciary relationship whatsoever between FCR Media and You nor between
FCR Media and the Purchaser nor between FCR Media and any third party
website(s), point(s) of sale, social media platform(s) and/or online shop(s), Business(s),
merchant(s) or service provider(s).
11.11 You hereby agree and accept and acknowledge that FCR Media shall under no
circumstance(s) whatsoever and howsoever arising be liable for or liable to any party
(including, but not limited to, You, a Purchaser and any third party website(s), point(s)
of sale, social media platform(s) and/or online shop(s), Business(s), merchant(s) or
service provider(s)) for any financial loss or other form of loss (past, present, future or
contingent), damages or actions that may arise from a Purchase and/or Contract
and/or that may arise at the point of sale (and or at any time before the point of sale
or after the point of sale) and You hereby expressly and effectually and fully indemnify
FCR Media (which, for the avoidance of any doubt, shall include any FCR Media
group company) and shall continue to expressly and fully and effectually indemnify
FCR Media in all respects regarding, relating to or in connection with each, any and
all Contracts and Purchases (all of which are and shall remain matters between You
and the Purchaser(s)).
11.12 You acknowledge, agree and accept that all data relating to You shall be ‘controlled’
by and/or ‘processed’ by You and/or any third party website(s), Business(s), merchant(s)
or service provider(s); point(s) of sale; social media platform(s) and/or online shop(s)
and not by FCR Media and that all risk and exposure thereto shall be Yours and
Yours alone. FCR Media accepts no responsibility for Your personal data (as those
expressions are defined under the provisions of the Irish Data Protection Act 2018
and GDPR Regulations) and FCR Media cannot and shall not be regarded at any
time as a ‘data processor’ and/or ‘data controller’ (as those expressions are defined
under the provisions of the Irish Data Protection Act 2018 and GDPR Regulations)
with regard to Your personal data.
11.13 You acknowledge, agree and accept that all responsibility and all liability (and risk and
exposure) relating to Your personal data and the ‘control’ and ‘processing’ thereof (as
those expressions are defined under the provisions of the Irish Data Protection Act
2018 and GDPR Regulations) remains the sole responsibility and liability all times
and under all circumstances of You and/or the Purchaser and/or any third party
website(s), Business(s), merchant(s); service provider(s); point(s) of sale, social media
platform(s) and/or online shop(s)) and You hereby expressly and fully and effectually
indemnify FCR Media (which, for the avoidance of any doubt, shall include any FCR
Media group company) and shall continue to fully and effectually indemnify FCR
Media in all respects regarding, relating to or in connection with Your personal data
(and any and all matters whatsoever and howsoever arising relating thereto).
12. Responsibility
Please note that it is You, the Business, and not BizSite, who is the provider of Product(s) and/or Service(s) and You are and shall be the party solely responsible for selling Your Product(s) and/or Service(s).
Please note that it is You who or that is the party who enters into a Contract or Agreement with
a Purchaser and all matters relating to a sale of a Product(s) and/or Service(s) by You to a Purchaser
and the Purchase of a Product(s) and/or Service(s) from You by a Purchaser is and are solely matters
between You and the Purchaser.
You are solely responsible for any harm or damage that is caused or that may be caused to a
Purchaser and/or solely responsible for any and all and loss that that occurs or may occur.
BizSite shall not in any way whatsoever or under any circumstances howsoever arising be
responsible for any harm or damage to a Purchaser howsoever and wheresoever arising and
by using BizSite (as well as any product, service or platform associated with BizSite) and
agreeing to our BizSite Advertiser Terms and Conditions, You agree to fully indemnify BizSite
against any and all loss or damage that may arise.
13. Privacy Policy
Please refer to our Privacy Policy set out in our General Terms and Conditions.
14. Data Protection
Please refer to the rules and regulations governing Data Protection set out in our General
Terms and Conditions.
15. Your Obligations
Business(s)/Merchant(s): You shall have their own applicable terms and conditions in relation to
the supply of Your Product(s) and/or Service(s) and You shall ensure that anyone purchasing a Product(s) and/or Service(s) from You abides by and complies with Your own business and sales terms and conditions.
The BizSite Advertiser Terms and Conditions do not and shall apply to any sale of a Product(s) and/or Service(s) by You to a Purchaser. All responsibility thereto is Yours and You fully accept that such
responsibility is not ours.
It is Your sole responsibility to ensure that any Product(s) and/or Service(s) or other information available through an internet search meets Your specific requirements.
16. Errors and Omissions
We are not liable for any errors or omissions whatsoever and/or howsoever arising. We will use
reasonable endeavours to correct any errors or omissions as soon as practicable after being
notified of any errors or omissions. We do however reserve the right to change; amend; modify;
substitute; suspend or remove without notice any information on BizSite or change; amend;
modify; substitute; suspend or remove any part the Product(s) and/or Service(s) from time to time and at our sole discretion.
We shall be entitled immediately or at any time (in whole or in part) to suspend BizSite.
17. Your Obligations
You must never interfere or attempt to interfere with bizsite.ie using any software program,
routine or other activity. By using bizsite.ie, You agree to comply with our BizSite Advertiser Terms and Conditions. If You interfere with or attempt to interfere with bizsite.ie, we shall
hold You responsible for any and all damage or loss caused by You and all necessary steps
shall be taken against You permitted by law.
You must not user block, obscure, overwrite or modify any content on bizsite.ie.
You must not copy, reproduce, modify, re-publish, upload to a third party, transmit, post or
distribute the contents of bizsite.ie electronically or otherwise without our express
authorisation. However, strictly on the condition that You keep all content intact and in the
same form as presented on bizsite.ie, You may, using an industry-standard web browser,
download and view the content for personal, non-commercial use only. bizsite.ie must not be
used in any unlawful manner or purpose or in any manner which violates the rights of any
person or which is prohibited by these BizSite Advertiser Terms and Conditions.
In addition, You must not and shall not, in connection with bizsite.ie, submit any content or
information to us that may contain any malicious code, data or set of instructions that
intentionally or unintentionally causes harm or subverts or adversely affects the intended
function of bizsite.ie including, viruses, trojan horses, worms, time bombs, cancelbots, easter
eggs or other computer programming/software routines that may damage, modify, delete,
interfere with, intercept or access any system, data or personal information without authority.
18. BizSite
You agree that bizsite.ie is not fault-free and that You may experience interruptions and
access difficulties from time to time. We do not guarantee continuous, uninterrupted or secure
access to our services and operation of bizsite.ie may be interfered with by numerous factors
outside our control. We will take reasonable steps to fix errors in bizsite.ie that You tell us
about, within a reasonable time. We reserve the right to refuse or remove any information or
content which You submit, without needing to give any reason.
19. Disclaimers and Limitation of Liability
You acknowledge that bizsite.ie contains hyperlinks and other pointers to internet websites
operated by other third parties, including You ("linked websites") and that these linked websites
are not necessarily under our control and that we are not responsible for their contents and that
we do not endorse them.
You agree that all information and content which is posted on or transmitted through
bizsite.ie by third parties (including You) is the sole responsibility of the third party who
provided that information and content and is provided by us in good faith on an "as is" basis.
Whilst we will use all reasonable efforts to verify that Business Content is accurate and not
misleading, You acknowledge and agree that we are not responsible for inaccurate or
misleading Business Content including:
1. descriptions of the Product(s) and/or Services(s) as advertised; and/or
2. any claims that the Business makes about the benefits, value or characteristics of the
Product(s) and/or Services(s)
20. Waivers
20.1 YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT INVOLVED IN ANY ACTUAL
TRANSACTION BETWEEN YOU AND A CONSUMER/USER/PURCHASER. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS/GOODS/SERVICES SUPPLIED BY YOU OR THE ABILITY OR CAPACITY ON YOUR PART TO SELL PRODUCTS/GOODS/SERVICES.
20.2 NOTHING IN THESE BIZSITE ADVERTISER TERMS AND CONDITIONS EXCLUDES,
RESTRICTS OR MODIFIES THE APPLICATION OF ANY STATUTORY PROVISION
(INCLUDING A PROVISION OF THE IRISH CONSUMER LAW), TO THE EXTENT, IF ANY,
THAT ANY SUCH STATUTORY PROVISIONS APPLY WHERE TO DO SO WOULD
CONTRAVENE THAT STATUTE OR CAUSE ANY PART OF THESE BIZSITE ADVERTISER TERMS AND CONDITIONS TO BE VOID.
20.3 TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS, WARRANTIES AND LIABILITIES
IMPLIED OR IMPOSED BY STATUTE, GENERAL LAW OR CUSTOM ARE EXCLUDED
FROM THIS CONTRACT, EXCEPT ANY LIABILITY OR IMPLIED CONDITION OR
WARRANTY OR CONSUMER GUARANTEE, THE EXCLUSION OR LIMITATION OF WHICH
WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE BIZSITE ADVERTISER TERMS AND CONDITIONS TO BE VOID ("NON-EXCLUDABLE CONDITION").
20.4 TO THE EXTENT PERMITTED BY LAW, WE, INCLUDING OUR AGENTS, EMPLOYEES OR
CONTRACTORS, WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF
REVENUE, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF
OPPORTUNITY OR GOODWILL, CORRUPTION OF DATA OR SOFTWARE, EQUIPMENT
FAILURE OR DAMAGE, SECURITY BREACH, NETWORK INTRUSION, NETWORK
DOWNTIME, BUSINESS INTERRUPTION OR ANY INDIRECT OR CONSEQUENTIAL LOSS,
HOWEVER CAUSED IN CONNECTION WITH THE PRODUCT(S) AND/OR SERVICE(S)
21. Indemnity
You agree to defend, indemnify and hold FCR Media and (as applicable) its officers, directors,
employees, agents, subsidiaries, affiliates, Merchants and any of our third party information
Service Providers or other representatives harmless against any and all claims demands,
losses, expenses, damages and costs, including legal costs, however arising resulting from any
violation or breach by You of these BizSite Advertiser Terms and Conditions or any claims made
by or liabilities to any third party resulting from any activities conducted under Your account,
Your use or misuse of BizSite (as well as any product, service or platform associated with
BizSite), including but not limited to posting content on BizSite (as well as any product,
service or platform associated with BizSite), entering into transactions with other website
users, contacting others as a result of their postings on BizSite (as well as any product,
service or platform associated with BizSite), infringing any third party’s intellectual property or
other rights, or otherwise arising out of Your breach of these BizSite Advertiser Terms and
Conditions.
22. Disclaimer of Warranties
You understand and agree that Your use of BizSite (as well as any product, service or
platform associated with BizSite) and any services or content provided (the "Service") is
made available and provided to You at Your own risk. It is provided to You "as is" and we
expressly disclaim all warranties of any kind, implied or express, including but not limited to the
warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty, implied or express, that any part of the service will be uninterrupted,
error-free, virus-free, timely, secure, accurate, and reliable, of any quality, nor that any content
is safe in any manner for download. You understand and agree that neither us nor any
participant in the service provides professional advice of any kind and that use of such advice
or any other information is solely at Your own risk and without our liability of any kind.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer
may not apply to You only as it relates to implied warranties.
23. Jurisdiction and Governing Law
BizSite (as well as any product, service or platform associated with BizSite) is controlled
and operated by FCR Media from Ireland. FCR Media does not make any representations that
the facilities, services and/or materials offered through BizSite (as well as any product,
service or platform associated with BizSite) are appropriate or suitable for use in countries
other than Ireland or that they comply with any legal or regulatory requirements in any such
other countries. In accessing BizSite (as well as any product, service or platform associated
with BizSite), You do so at Your own risk and on Your own initiative, and are responsible for
compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make
BizSite (as well as any product, service or platform associated with BizSite), facilities,
services and/or Materials offered through BizSite (as well as any product, service or platform
associated with BizSite) or any part of them available in Your country, or to You (whether by
reason of nationality, residence or otherwise, BizSite (as well as any product, service or
platform associated with BizSite), the facilities, services and/or Materials offered through
BizSite (as well as any product, service or platform associated with BizSite) or any part of
them are not directed at You). These BizSite Advertiser Terms and Conditions shall be governed
by and construed in accordance with the laws of Ireland, and You hereby agree for the benefit
of FCR Media and without prejudice to the right of FCR Media to take proceedings in relation to
these BizSite Advertiser Terms and Conditions before any court of competent jurisdiction, that
courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that
may arise out of or in connection with these BizSite Advertiser Terms and Conditions, or for such
purposes You irrevocably summit to the jurisdiction of such courts.
24. Miscellaneous
Any waiver of any provision of these BizSite Advertiser Terms and Conditions must be in writing
signed by FCR Media to be valid. Any waiver of any provision hereunder shall not operate as a
waiver of any other provision, or a continuing waiver of any provision in the future. If any court
of competent jurisdiction finds any provision of these BizSite Advertiser Terms and Conditions to
be void or unenforceable for any reason, then such provision shall be ineffective to the extent of
the court’s finding effecting the validity and enforceability of any remaining provision. These
BizSite Advertiser Terms and Conditions represent the entire understanding and agreement
between You and FCR Media relating to use of BizSite (as well as any product, service or
platform associated with BizSite), its facilities and/or services and supercede any and all prior
statements, understandings and agreements whether oral or written, and shall not be modified
except in writing, signed by You and by FCR Media.)
BizSite Advertiser (v1)