1. Introduction

This page states the terms and conditions that govern your access to, and use of the irishexaminer.com (opens in new tab) website and other digital products and services offered by the Irish Examiner (hereafter referred to as "the Irish Examiner", "us" or "we") and such other products and services including but not being limited to mobile applications and RSS feeds.

In these terms and conditions, "the Irish Examiner Site" or "the Site" refers collectively to all digital products and services offered by the Irish Examiner, including any mobile applications regardless of how you choose to access them. In accessing the Site, you (hereafter referred to as "you" or "the User") agree to abide by the terms and conditions (hereafter referred to as "TOS") set out on this page. Use of particular services offered by the Irish Examiner Site may be subject to additional terms and conditions, which are outlined at the end of the TOS. These services ("the Services") can be divided into Paid Subscription Services (as identified below and defined in Clause 26) and other services for which you may be required to register. The current list of the Services is as follows:

Paid Subscription Services

• Digital Subscription (Digital, Weekend Bundle and Complete Bundle)
• Irish Examiner ePaper
• Delivery of the printed newspaper, Monday - Saturday

Other Services (registration may be required):

• Email Newsletters
• News Alerts
• Family Notices
• Reader Offers
• Mobile Applications and Mobile Push Services

Please note that only subscription to the Paid Subscription Services entitles you to access those services. Registration for any of the other services does not entitle you to access the Paid Subscription Services. You may be required to register separately for some of the services, even if you have already registered for others.

If you are using the services in the course of your business, trade or profession ("the Commercial User"), you are subject to the additional terms and conditions provided in Clause 27.

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2. Acknowledgement and Acceptance of Terms of Service

The Irish Examiner provides both free and subscription products and services via irishexaminer.com and through its mobile applications. In accessing the Site and the mobile applications, you acknowledge and agree to the terms and conditions of the TOS and any operating rules or policies that may be published from time to time by the Irish Examiner. The TOS, together with any copyright notice published by the Irish Examiner on the Site, comprise the entire agreement between the User and the Irish Examiner and supersede all prior agreements between the parties. You may also be subject to additional terms and conditions by agreement with the Irish Examiner or when you use affiliate or third party services.

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3. Access to the Site

To access the Site, the User must do the following:

1. Provide all equipment necessary to establish a connection to the Site;
2. Provide for the User's own access to the Site and pay any connection and service fees associated with such access;
3. Pay the Services fees where applicable as determined by the Irish Examiner.

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4. Modifications of Terms of Service

The Irish Examiner reserves the right to modify the terms and conditions of the TOS at any time, at its sole discretion and without notice to you. It is the responsibility of the User to regularly review the TOS for modifications. By continuing to use the Site, the User agrees to be bound by the amended TOS.

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5. Personal Information

Some Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to do the following:

1. Provide true, current, complete and accurate information about the User as prompted to do so by the Services;
2. Maintain and promptly update this information as required to keep it true, current, complete and accurate.

If the User provides any information that is untrue, not current, incomplete or inaccurate, or if we have reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, we have the right to suspend or terminate the User's use of the Services.

All information requested on original sign up and/or subscription shall hereafter be referred to as "Registration Information". This Registration Information will be retained by the Irish Examiner, and any of our co-branding partners if applicable, for no longer than is necessary to provide the Services to the User and for any other purpose to which you have consented.

Unless the User has agreed to the use of the Registration Information for direct marketing purposes by the Irish Examiner, our co-branding partners or selected third parties, we agree to use the Registration Information only for the purpose of supplying the Services to the User and any other purpose to which you have consented. Users can unsubscribe from any of our email communications at any time by clicking on the 'Unsubscribe' link that appears in the footer of all our email communications. The Irish Examiner does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services that may be obtained from such third parties, and the User agrees that the Irish Examiner shall not have any liability in respect thereof.

We reserve the right to disclose the Registration Information if required to do so by law, or if we believe in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce the TOS; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of the Irish Examiner, Site users and the public.

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6. User Account, Password and Security

The User is entirely responsible for maintaining the confidentiality of the User's passwords and accounts, and for any and all activities that occur under the User's accounts or passwords. The User agrees to immediately notify the Irish Examiner of any unauthorised use of the User's accounts or passwords, or any other breaches of security known to the User. We will not be liable for any loss that the User may incur as a result of someone else using or accessing the User's passwords or accounts, either with or without the User's knowledge. However, the User may be held liable for losses incurred by the Irish Examiner or any other party as a result of someone else using or accessing the User's passwords or accounts. The User will not use anyone else's accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following the instructions on the Site.

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7. Privacy Policy

The User may view the Privacy Policy here (opens in new tab).

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8. Information Required by Law

The Irish Examiner is required by law to provide the User with the following information:

1. irishexaminer.com (opens in new tab) is a website address of the Irish Examiner. The Irish Examiner can be contacted through this website or at The Irish Examiner, 2nd Floor, Linn Dubh, Assumption Road, Blackpool, Cork or by email at subscriptions@examiner.ie.
2. The VAT number of the Irish Examiner is IE1113706JH.
3. Written confirmation of subscription to any of the Paid Subscription Services shall be provided to the User via the email address supplied during subscription. The User has the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract we will reimburse you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such a reimbursement.

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9. Notice

All notices issued by or on behalf of the Irish Examiner shall be in writing and shall be made via online announcements, email or conventional mail.

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10. Proprietary Rights to Content

1. Content other than User Content

   The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the "Content") – contained in either sponsor advertisements or Internet-distributed, commercially produced information presented to the User by the Site, the Site's advertisers or other Site Users – may be protected by copyrights, trademarks, patents or other proprietary rights and laws. Unless otherwise expressly authorised in writing by the Irish Examiner, the User is only granted a limited personal licence for his/her own personal, non-commercial use of the Site and Services to download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute or create derivative works from the Content without expressly being authorised to do so by the relevant copyright owner.

2. Content submitted by the User

   If the User submits content (hereafter referred to as "User Content") to the Irish Examiner, the User agrees and warrants that he/she created the User Content, or has received permission from, or is duly authorised by, the owner of any part of the User Content to do so.

   In the event that the User submits User Content to the Irish Examiner, either the User or the owner of the User Content remains the copyright owner. However, by submitting User Content to the Irish Examiner, the User grants us an unconditional, irrevocable, non-exclusive, royalty-free, perpetual worldwide, fully transferable licence to use, publish or transmit, or to authorise third parties to use, publish or transmit, the User Content in any format and on any platform, either currently known or hereafter invented.

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11. User Conduct and User Content

1. User Conduct.

   The User agrees to not use the Site to do the following:

   1. Upload, post or otherwise transmit any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
   2. Harm minors in any way;
   3. Impersonate any person or entity, including but not limited to an irishexaminer.com official, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
   4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Services, or develop restricted or password-only access pages, hidden pages or images (those not linked to from another accessible page);
   5. Upload, post or otherwise transmit any Material that the User does not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
   6. Upload, post or otherwise transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
   7. Upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "Spam", "chain letters", "pyramid schemes" or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
   8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
   10. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
   11. Intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
   12. "Stalk" or otherwise harass another;
   13. Collect or store personal data about other users;
   14. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
   15. Attempt to gain unauthorised access to any Irish Examiner site or service, other User accounts, computer systems or networks connected to any Irish Examiner site or service, through hacking, password mining or any other means;
   16. Create a false identity for the purpose of misleading others;
   17. Reproduce, scrape, automatically summarise or aggregate any Content without licence or prior written permission from the Irish Examiner.
2. User Content.

   The User may be permitted to submit User Content for publication in various areas of the Site, including via surveys and forms. The User is deemed to consent to these Terms and Conditions if the User chooses to submit any User Content.

   The User understands that all User Content submitted by any other user is the sole responsibility of the user from which it originated. The Irish Examiner has no liability in respect of any User or User Content submitted by other users and published by us or by authorised third parties.

   The User accepts and agrees that if the User posts User Content on the Site or views User Content posted by others, he/she is doing so at his/her own discretion and risk. The User accepts and agrees that the Irish Examiner has no responsibility for the accuracy, integrity or quality of any such User Content or Content submitted by other users. The User further accepts and agrees that the views expressed by any User Content do not necessarily reflect the views of the Irish Examiner. The User accepts and agrees that the Irish Examiner has no obligation to pre-moderate, review or monitor any Content posted by the User or any other users on the Site.

   The Irish Examiner reserves the right to refuse to publish, to edit or to remove any User Content at our sole discretion. We may remove any User Content at any time.

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12. Indemnification

The User agrees to indemnify, defend (at the request of the Irish Examiner), and hold the Site, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of any of the following:

1. The User's use of the Site or any part thereof;
2. Violation of these TOS or any provision therein by the User;
3. Publication of any User Content;
4. Viewing any User Content by any third party;
5. Infringement or misappropriation by the User, or a third party using the User's computer, of any account or password to access and/or use the Services;
6. Any infringement by the User of any intellectual property rights of any person or entity;
7. Use or misuse by the User or third parties of the User's passwords or accounts.

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13. Monitoring

The Irish Examiner has no obligation to monitor the Site, but reserves the right to do so and to remove any Content or Material at its sole discretion at any time without notice.

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14. Complaints Procedure

Any complaint, such as a complaint of any abuse of the Site, including but not limited to the violation of these TOS or any provision therein, or the infringement or misappropriation by any User, or a third party using a User's computer, of any account or password to access and/or use the Site, or of any intellectual property rights of any person or entity, or the use or misuse by any User or third parties of a User's passwords or accounts, should be reported immediately to the Irish Examiner via feedback@examiner.ie.

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15. Modifications and Discontinuance of the Services

The Irish Examiner reserves the right at its sole discretion to modify or discontinue the Site or Services, or any portion thereof, at any time, with or without notice to the User. We shall not be liable to the User or any third party should we exercise our right to modify or discontinue the Site or Services. No refunds will be granted to any Users who have paid Services fees in this instance.

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16. Term and Termination

The Irish Examiner reserves the right to terminate all or part of the Site at any time without notice, and without issuing any refunds if the User is in breach of the TOS. We shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Site or any part thereof.

In respect of the Paid Subscription Services only, the Irish Examiner reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription.

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17. Third Parties

1. Advertising.

   The Irish Examiner may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons and sponsorships. The User agrees that we have the right to run such advertisements and promotions. The Irish Examiner does not control the content of any services supplied by third parties, and the inclusion of content does not imply endorsement of the third party by the Irish Examiner or any association with that third party. User correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that the Irish Examiner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services. You can read our cookie policy here (opens in new tab) and our privacy policy here (opens in new tab)

2. Email Marketing.

   The Irish Examiner and/or third parties may, from time to time, send email messages to the User containing advertisements, special promotions and other marketing subject to the User's permission. The User must consent to receiving our email messages during the sign in or subscription process or through a link on the Site if they wish to receive any email services, newsletters, special promotions or other marketing materials ("Email Programmes"). We reserve the right to partner with any email marketers to provide these Email Programmes. User correspondence or business dealings with advertisers or third parties found on or through the Email Programmes, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that the Irish Examiner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

3. Links.

   The Site may contain images of and links to third party websites ("Linked Sites"). Linked Sites are not under the control of the Irish Examiner and the User agrees that we are not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by the Irish Examiner or any association with its owners or operators. User correspondence or business dealings with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.

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18. Disclaimer of Warranties

1. The Irish Examiner provides the Site and Services on an "as is" and "as available" basis, and the User uses the Site and Services at his/her sole risk.
2. The Irish Examiner shall not be responsible for the effect or result of the introduction or entry of any virus into the Site and/or one or any of the Services.
3. The Irish Examiner makes no warranty that the Site or Services will meet the User's requirements; nor that the Site or Services will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site or Services; nor as to the accuracy or reliability of any information obtained through the Site or Services; nor that defects in the Site or Services will be corrected.
4. The Irish Examiner expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
5. The User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the Site or Services is done at the User's own discretion and risk. The Irish Examiner is not responsible for any damage to the User's computer system or loss of data that results from the download of such Content and/or Material.
6. The Irish Examiner makes no warranty regarding any goods or services purchased or obtained through the Site or Services or any transactions entered into through the Site or Services.
7. The Irish Examiner accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the Site or Services.
8. No advice or information, whether oral or written, obtained by the User from the Site shall create any warranty not expressly made herein.

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19. Limitation of Liability

The Irish Examiner shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services.

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20. Law

The TOS shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and the Irish Examiner agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland.

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21. Assignment

No right may be assigned and no duty may be delegated by the User under this Agreement except upon the written consent of the Irish Examiner. Any attempted assignment and delegation without such consent shall be void and without effect. The Irish Examiner shall be entitled to assign this agreement. This TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

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22. No Agency

Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

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23. Severability

If an arbitrator, court or other competent authority finds any provision of this agreement to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.

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24. Waiver

Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice, failure by the Irish Examiner to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

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25. Titles

The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

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26. The Services

1. Paid Subscription Services.

   The Irish Examiner Digital Subscription (Digital, Weekend Bundle and Complete Bundle), the Irish Examiner In App Digital Subscription (Digital, Weekend Bundle and Complete Bundle), the Irish Examiner Newspaper Delivery Service, and the Irish Examiner ePaper are paid subscription-based services (the "Paid Subscription Services"). The User must register, set up an account and pay a subscription to gain access to these services. The subscription fee is determined by the Irish Examiner and can be subject to change at any time at our sole discretion, including by way of subscription offers and time-limited discounts. Event-specific terms will be communicated as part of the promotion of these offers. In these cases, the terms and conditions in relation to individual subscriptions still apply, including the terms set out here detailing how to cancel subscriptions. If a bundled subscription is cancelled, it is cancelled in its entirety. Subscription to any of the Paid Subscription Services is personal to the User and may not be transferred or assigned.

   By subscribing for the Paid Subscription Services the User agrees to pay all fees and charges, including applicable taxes. In order to set up an account, the User must provide the Irish Examiner with valid credit card/debit card information, and by providing such information, the User thereby authorises the Irish Examiner to bill all fees, charges and applicable taxes through that account as and when they become due. Any queries regarding billing on a User account must be raised with the Irish Examiner within 30 days. All credit card/debit card details are entered on a secured page and they are securely processed via Paypoint.net.

   The User will be billed in Euro. Exchange settlements will be determined by agreements between the User and the credit card/debit card issuer. If the Irish Examiner does not receive payment from the credit card/debit card issuer, the User agrees to pay all amounts due on the User's account upon demand. If we do not receive prompt payment for all fees, charges and applicable taxes, the User will be in default and we reserve the right to suspend the User's account and access to the Paid Subscription Services without notice.

   Subject to any right of withdrawal under applicable law, fees, charges and applicable taxes are non-refundable. The TOS together with the additional terms set out below (“the Terms”) apply to any contract between you and the Irish Examiner when you subscribe for the supply of the Digital Subscription (Digital, Weekend Bundle and Complete Bundle).

   1. You may only subscribe for the supply of the Digital Subscription (Digital, Weekend Bundle and Complete Bundle) if you are 18 years old or over and are capable of entering into legal contracts.
   2. You may only subscribe for any of the Irish Examiner's time-limited discounts if you are 18 years old or over and are capable of entering into legal contracts.
   3. In order to subscribe for the supply of the Digital Subscription (Digital, Weekend Bundle and Complete Bundle) or time-limited offers/discounts, you must register and set up an account on the Site and provide the Irish Examiner with a current valid payment method. The following payment methods are accepted: Mastercard, VISA, JCB, DINERS, VPAY, VISA Electron, Mastercard Debit, VISA Debit, Maestro.
   4. In general, discounted offers are only available to first-time subscribers. On occasion, we may make discounted offers available more widely.
   5. These are subscription services. You can subscribe for a monthly subscription (“Monthly Subscription”) which will continue month to month and the Irish Examiner will bill the monthly subscription fee to your payment method unless and until you cancel your subscription or it is terminated by the Irish Examiner.
   6. You can also subscribe for an annual subscription (“Annual Subscription”) which will continue year to year and the Irish Examiner will bill your payment method unless and until you cancel your subscription or it is terminated by the Irish Examiner.
   7. Your payment method will be billed each month in the case of a Monthly Subscription and each year in the case of an Annual Subscription on the calendar day corresponding to the commencement of your initial subscription for the supply of the Digital Subscription (Digital, Weekend Bundle and Complete Bundle). In the event that there is no exact corresponding calendar day in a particular month the Irish Examiner will bill your Payment Method on the nearest possible corresponding calendar day.
   8. If your subscription payment is not successfully settled within the billing period set out in term 7 above, or you breach any of the Terms, the Irish Examiner reserves the right to terminate your subscription immediately.
   9. If you are a subscriber to our Digital packages, and your subscription doesn’t include newspaper deliveries, your subscription will start immediately upon placing your order. You can cancel your subscription at any time but please do so at least 10 business days in advance of your monthly billing date by contacting our Customer Care team by email: subscriptions@examiner.ie or phone: +353 21 2063300, but the cancellation will only take effect at the end of your current subscription period. You are not entitled to a refund if you change your mind after your subscription has started. You will continue to have the same access and benefits of your product for the remainder of your current billing period.
   10. If you are a subscriber to our Weekend Bundle, Complete Bundle, or if your subscription includes newspaper deliveries (with or without digital access), you may cancel your subscription at any time by contacting our Customer Care team by email: subscriptions@examiner.ie or phone: +353 21 2063300. However, the cancellation will only take effect at the end of your current subscription term and you will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.
   11. If you are entitled to a refund, we will make the reimbursement using the same means of payment as you used for the initial transaction no later than 30 days after the day on which we were informed about your decision to cancel your subscription contract.
   12. The Irish Examiner reserves the right to introduce, remove or vary subscription fees and/or service charges for the Newspaper Delivery Service at any time at its absolute discretion. Should the Irish Examiner make any such change, you will be notified in advance and the revised subscription fee and/or service charge will apply to the next monthly or annual billing period, as applicable.
   13. In addition to the subscription fees payable for the Newspaper Delivery Service, the Irish Examiner may apply a service charge in respect of platform maintenance, technology, and order facilitation. You will be notified in advance prior to any applicable service charge being applied and it will be billed to your payment method in the same manner as your subscription fees.
   14. The Irish Examiner reserves the right to decline to supply Subscriptions (Digital, Weekend Bundle and Complete Bundle), to any individual or company.
   15. For the purpose of the Terms a business day means Monday to Friday 8.00 am to 6.00 pm, excluding public or bank holidays in the Republic of Ireland.
2. Newspaper Delivery Service.

   The TOS together with the additional terms set out below (“the Terms”) apply to any contract between you and the Irish Examiner when you subscribe for the Newspaper Delivery Service or the Irish Examiner (Weekend and Complete).

   1. You may only subscribe to the Newspaper Delivery Service if you are 18 years or older and legally capable of entering into binding contracts. Further the address to which you want the newspapers delivered must be one to which the Irish Examiner delivers. To check if your address is one to which the Irish Examiner delivers please see subscribe.irishexaminer.com (opens in new tab).
   2. In order to subscribe for the supply of the Newspaper Delivery Service you must register and set up an account on the Site and provide the Irish Examiner with a current valid payment method. The following payment methods are accepted: Mastercard, VISA, JCB, DINERS, VPAY, VISA Electron, Mastercard Debit, VISA Debit, Maestro.
   3. The Irish Examiner will endeavour to deliver the newspaper to the designated address prior to 7.30 am; however, the Irish Examiner does not guarantee delivery by that time and shall have no liability whatsoever for any newspapers delivered after that time.
   4. In the case of Monthly Subscriptions all payments are non-refundable. You can cancel your Monthly Subscription at any time. To cancel your Monthly Subscription you need to telephone +353 21 2063300 or send an email to subscriptions@examiner.ie which must be received by the Irish Examiner at least 10 business days in advance of your monthly billing date.
   5. You can cancel your Annual Subscription any time. To cancel your Annual Subscription you need to telephone +353 21 2063300 or send an email to subscriptions@examiner.ie which must be received by the Irish Examiner at least 30 business days in advance of your annual billing date.
   6. For the purpose of the Terms a business day means Monday to Friday 8.00 am to 6.00 pm, excluding public or bank holidays in the Republic of Ireland.
   7. The Irish Examiner reserves the right to increase the subscription fees for the Newspaper Delivery Service at any time at its absolute discretion. Should the Irish Examiner change the subscription fees you will be notified by email and the increased subscription fees will apply to the next monthly or annual billing period as applicable.
   8. The Irish Examiner reserves the right to decline to provide the Newspaper Delivery Service to any individual or company.
   9. You can book your subscription holiday by contacting us by telephone at +353 21 2063300 or by email at subscriptions@examiner.ie. We need 3 full working days to process your holiday request. A credit will be applied to your account in the payment following your holiday period.
3. Bundle Subscriptions.

   The Irish Examiner may at its sole discretion offer bundle subscriptions to the Digital Subscription (Digital, Weekend Bundle and Complete Bundle), Irish Examiner (ePaper), and the Newspaper Delivery Service together. Where such subscriptions are offered as part of a bundle the terms and conditions in relation to the individual subscriptions still apply, including the terms set out above detailing how to cancel subscriptions. If a bundle subscription is cancelled, it is cancelled in its entirety.

4. Gift Subscriptions.

   Gift vouchers purchased on the Site are valid for five years from the voucher send date. Gift vouchers cannot be exchanged for cash, they can only be exchanged for the product and/or service for which they are purchased. Gift subscriptions are paid in full at purchase and will not renew automatically. Gift vouchers will be subject to verification at the time of presentation. Gift vouchers cannot be extended or transferred. The User has the responsibility to ensure that the email address of the recipient of the gift voucher is correct. No liability will be accepted by the Irish Examiner for any error or inaccuracy in the email address provided by the User. Each gift voucher will be valid for a single redemption only.

5. News Service.

   The content of this service is provided for informational purposes only and the Irish Examiner makes no warranty as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. In particular, but without limitation, we shall not be responsible or liable for any trading or investment decisions made based on such information.

6. Other Services.

   The Irish Examiner hosts live stream events via the third-party InPlayer platform, including sports, lifestyle and news events. These are free to view for our paying subscribers and are on a pay-per-view basis for non-subscribers. To allow InPlayer to provide this service to our subscribers in a frictionless manner, we share your login information with them so that their platform recognises that you are an existing Irish Examiner subscriber.

   When you sign up on a pay-per-view basis as a non-subscriber, the Irish Examiner has no involvement in that transaction and the processing is the responsibility of InPlayer.

7. Email Newsletters:

   This free service (for which registration is required) is provided for informational purposes only and the Irish Examiner makes no warranty as to the accuracy and reliability of any information obtained through this service or that any defects in the service will be corrected.

8. News Alerts:

   This free service, available by accepting push notifications on the website or in app, is provided for informational purposes only and the Irish Examiner makes no warranty as to the accuracy and reliability of any information obtained through this service or that defects in the service will be corrected.

Important notice

By downloading the App from the App Store or clicking on the "Accept/Install" button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 7 and limitations on liability in condition 19 and below.

If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading process now by clicking on the "Cancel" button below. In this case the downloading process will terminate.

Agreed terms

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The terms of this End User Licence Agreement (EULA) apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

We may change these terms at any time without notice to you. Please check this page regularly.

From time to time updates to the App may be issued through the App Store. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.

You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described below (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

The terms of our privacy policy from time to time, available at https://www.irishexaminer.com/privacy-policy/ (opens in new tab) are incorporated into this EULA by reference and apply to those Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

We may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings.

The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

Grant and scope of licence

In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these TOS, the Privacy Policy and the App Store Rules, incorporated into this EULA by reference. We reserve all other rights.

You may:

• download or stream a copy of the App onto a mobile telephone or tablet and to view, use and display the App on the Devices for your personal purposes only;

Licence restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

• not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
• not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs.

Acceptable use restrictions

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service including the submission of any material (to the extent that such use is not licensed by this EULA);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

You acknowledge that all intellectual property rights in the App, anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, other than the right to use it in accordance with the terms of this EULA.

You acknowledge that you have no right to have access to the App in source-code form.

Limitation of liability

You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for any unforeseeable loss or damage.

Termination

We may terminate this EULA in accordance with condition 16.

On termination for any reason:

• all rights granted to you under this EULA shall cease;
• you must immediately cease all activities authorised by this EULA, including your use of any Services;
• you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;

Communication between us

If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by prepaid post to the Irish Examiner at the Irish Examiner Building, 2nd Floor, Linn Dubh, Assumption Road, Blackpool, Cork 2, or by email to subscriptions@examiner.ie. We will confirm receipt of this by contacting you in writing, normally by email.

If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provide to us in your request for the App.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control including failure of public or private telecommunications networks (Event Outside Our Control).

If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

• our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control;

Other important terms

We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

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27. Additional Terms and Conditions for the Commercial User

The Commercial User agrees to pay the Commercial User Services fees where applicable as determined by the Irish Examiner from time to time.

The Commercial User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content without expressly being authorised to do so by the relevant copyright owner. The Commercial User further agrees not to use the services to reproduce, scrape, automatically summarise or aggregate any portion of the Content without prior licence or written permission from the Irish Examiner.

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