Terms and Conditions

www.leadjotter.com

The Site constitutes your binding acceptance of these Terms. Your use of the Products shall also be subject to an end user licence agreement (“EULA”).

We may modify these Terms at any time without notice to you by posting revised Terms on the Site.
Your continued use of the Site and/or any of the Products following the posting of revised Terms will mean that you accept and agree to such revised Terms.

1 – Content

  1. All text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Leadjotter, and is protected by copyright, patent and trade mark laws, and various other intellectual property rights and unfair competition laws.

  2. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Leadjotter’s express prior written consent.

2 – Your Use of the Site

  1. You may not use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Leadjotter expressly reserves the right to bar any such activity.

  2. You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Leadjotter server, or to any of the the products or services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

  3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

  4. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Leadjotter , including any Leadjotter account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

  5. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Leadjotter or others.

  6. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Site or the Products.

  7. You agree not to modify the software underlying the Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to the Site.

  8. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

  9. Where we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete.

  10. You agree to use our forums only to send and receive messages and material that are proper and related to that particular forum.

  11. If you register a username and password on the Site in order to keep up to date with Leadjotter news and developments or to make a posting on the Site’s forums and choose a username or make a posting that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Site, deny you access to the Site, or any combination of these options.

  12. Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site.

3 – Purchase of Products

  1. By ordering a Product you declare in a binding manner that you wish to acquire the Product ordered.

  2. The Products and their associated prices are subject to change and do not represent binding offers. Where we provide details concerning technical data, features and the condition of the Products we do not assume any warranty therefor. We do not warrant for any quality of the Products.

  3. The purchase of a Product is subject to the condition that such Product is supplied correctly and sufficiently to us in advance.

  4. Payment for a Product must be made by credit card and you will not be able to download the Product until we are satisfied in our sole discretion that we have received such payment.

  5. In the event that Leadjotter agrees to payment for a Product on receipt of an invoice, payment will become due immediately on receipt of such invoice and in any event within 30 days. Payment will always be set off against the oldest outstanding invoice. In the event you fail to provide payment within 30 days of invoicing, we shall be entitled to charge interest at the rate as provided for under the Prompt Payment of Accounts Act 1997 whether or not you are considered a purchaser for the purposes of that act. You shall not be entitled to a right of setoff except where such right is established by a court of competent jurisdiction, is undisputed or is accepted by us. Failure to pay the invoice in full will entitle us to take such actions as we may deem necessary.

  6. Should our costs increase after your order has been placed due to changes of negotiated standard wage rates and/or of prices charged by our suppliers, we shall be entitled to change the agreed price by the same amount. If requested to do so, we will furnish relevant proof to you.

  7. If an order is placed from abroad and a Product is to be physically delivered there, that Product may be subject to import duties and taxes. Such additional charges must be borne by you.

  8. We can change the terms of payment with you for any good reason, for example, if you pay your bills using a credit cards that you are not authorised to use or, where payment on receipt of an invoice is permitted, if you do not pay your invoice within thirty days.

  9. Should we be in default of delivery, we shall only be liable for damages caused by gross negligence on our part. We shall be entitled to render part performances or make part deliveries at any time.

  10. In the case of default in acceptance, we may claim from you compensation for damages incurred by us, including extra expenses and shall be entitled to take the Product back.

  11. The Terms shall even apply in the event that we effect a delivery without reservation despite being aware of conditions of the ordering party that are contrary to or deviating from the Terms.

4 – Distance Selling

  1. Leadjotter shall comply with its obligations under Statutory Instrument No. 207 of 2001. If you order a Product solely by means of distance communication in your capacity as a natural person acting outside of your business, trade or profession you are granted a right of revocation for a period of seven (7) days from the date of order without giving a reason and without incurring any charges other than charges in respect of returning the Product to us and we shall reimburse any payment made by you to us within a period of thirty (30) days.

5 – Data Protection

  1. By placing an order, you expressly consent to the processing of the personal and other data made known to us and necessary for handling the order.  Leadjotter shall comply with all of its obligations as a data controller in relation to your personal information pursuant to the Data Protection Acts 1988-2003.

6 – Privacy Policy

  1. Use of the Site and all of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy. Leadjotter’s privacy statement may be viewed by clicking here.

7 – Disclosure of Your Information

  1. Notwithstanding clauses 5 and 6 above, you hereby give your consent and accept and agree that we may disclose any information we hold relating to you to outside parties where:

    1. We have a good faith belief that such action is necessary to protect our rights;

    2. We have a good faith belief that you have committed an unlawful action;

    3. We have a good faith belief that the legitimate rights of a third party appear have been interfered with; or

    4. a court or tribunal orders disclosure.

  2. You acknowledge and agree that Leadjotter may preserve any transmittal or communication by you with Leadjotter through the Site or any service offered on or through the Site.

8 – Links to Other Sites

  1. The Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Leadjotter’s control, and Leadjotter is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

9 – Disclaimers

  1. The Site and the Products are provided on an “AS IS” basis, without any express or implied warranty of any kind, including without limitation warranties of merchantability and fitness for a particular purpose.

  2. Leadjotter and its suppliers are not responsible for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or loses.

  3. Leadjotter disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or the Products. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against Leadjotter for dissatisfaction with the Site or any Content is to stop using the Site or any such Content.

  4. Provision of the Products shall not create any obligation for Leadjotter to continue to develop, support, repair, offer for sale or in any other way continue to provide or develop the Products either to you or to any other party.

  5. Leadjotter reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

10 – Limitation of Liability

  1. Except where prohibited by law, in no event will Leadjotter be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Leadjotter has been advised of the possibility of such damages.

11 – Indemnity

  1. You agree to hold harmless and indemnify Leadjotter, and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to your use of the Site and/or the Products, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.

12 – Severability

  1. If at any time, any one or more of the provisions in these Terms (or any clause or any part thereof) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed to be omitted from these Terms and the validity and or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

13 – Entire Agreement

  1. These Terms constitute the entire agreement between you and Leadjotter with regard to your use of the Site. In conjunction with the EULA these Terms constitute the entire agreement between you and Leadjotter with regard to your use of the Products. Leadjotter will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected.

14 – Non-Waiver

  1. Our rights and remedies shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by us nor by any failure of or delay by us in asserting any such rights or remedies.

15 – Jurisdiction

  1. These Terms shall be construed in accordance with Irish law, and the parties irrevocably consent to bring any action to enforce these Terms before a court of competent jurisdiction in Ireland.