Terms & Conditions

These Terms and Conditions apply to your use of the online information services provided by Zappa. PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRITY BEFORE ACCESSING OR USING ANY ZAPPA SITES (WHETHER VIA OUR WEBSITES www.zappa.ie, www.myproperty.ie , www.4rent.ie OUR MOBILE PHONE APPLICATION, TWITTER, FACEBOOK, MAIL OR ANY OTHER PLATFORM).

BY ACCESSING OR USING ZAPPA SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITES.

ZAPPA RESERVES THE RIGHT TO MODIFY OR REPLACE THESE TERMS AND CONDITIONS AT ANY TIME. ANY MODIFICATIONS OR REPLACEMENTS ARE EFFECTIVE IMMEDIATELY ON POSTING THE MODIFIED OR REPLACEMENT TERMS AND CONDITIONS ON ITS SITES.

YOU AGREE TO VISIT THE SITES ON A REGULAR BASIS TO REVIEW THESE TERMS AND CONDITIONS FPR CONTINUED AWARENESS OF SUCH MODIFICATIONS OR REPLACEMENTS. CONTINUED ACCESS OR USE OF THE SITES IS CONCLUSIVE ACCEPTANCE OF ANY SUCH MODIFIED OR REPLACEMENT TERMS AND CONDITIONS.

1. Intellectual Property Rights

Zappa is the owner or licensor of all intellectual property rights on its sites and their contents, including the website design, text, graphics, selection and arrangement thereof and all software.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, CREATE DERIVATIVE WORKS FROM OR OTHERWISE DEAL IN ANY MANNER WITH THE MATERIAL OR ANY PART THEREOF ON THE SITES, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. IN PARTICULAR, WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, YOU MAY NOT SCRAPE ANY CONTENT FROM THE SITES EITHER AUTOMATICALLY OR MANUALLY, WHETHER SUCH CONTENT IS SUBSEQUENTLY DISPLAYED IN THE PUBLIC DOMAIN OR NOT.

You may print and/or download portions of material from the different areas of Zappa sites solely for your own non-commercial use on providing agreement to not change or delete any copyright or proprietary notices from the materials.

By uploading any materials or other information to any public areas of Zappa sites (such as bulletin boards, Forums and/or newsgroups) and/or by forwarding such materials or other information to Zappa whether by e-mail or by any means and in any media now known or hereafter developed, you agree to grant Zappa a non-exclusive, royalty-free, worldwide, perpetual licence, with the right to sub-licence, to modify, copy, reproduce, republish, post, distribute, transmit, create derivative works from or otherwise deal in, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services).

You also grant Zappa the right to use your name in connection with all submitted materials and information, as well as in connection with all related advertising, marketing and promotional material.

You agree you have no recourse against Zappa for any alleged or actual infringement or misappropriation of any proprietary right in your communications with Zappa.

2. Privacy

Your privacy is imperative to us. Please read our Privacy Policy before you use or register with any of our sites at xxxxxxxx . It explains how we collect, use and protect your personal information.

3. Information Society Service Provider

You agree and acknowledge that Zappa is an information society service provider, as defined in Directive 2000/31/EC and transposed into Irish law by the European Communities (Directive 2000/31/ EC) Regulations, 2003 (S.I. 68 of 2003), and that it is under no obligation to monitor the information it transmits or stores on its sites. You agree and acknowledge that Zappa shall not be liable for information hosted or cached by it, or where it acts as a mere conduit. Zappa Properties operates a "notice and take down" policy.

4. House Rules for Advertisers

You agree to abide by the House Rules for advertisers http://zappa.ie/advertising-rules when advertising a property on any of Zappa's sites. Please read these rules carefully and in their entirety before you use Zappa sites or advertise a property on any of its sites.

5. Trade Marks

You acknowledge that Zappa is the sole proprietor of all trade-marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights, know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights in and relating to the Sites (collectively "Intellectual Property"). You acknowledge and agree that other products and names mentioned on Zappa sites may be subject to intellectual property rights, assigned to their respective owners.

6. Use of Zappa Sites

You understand that, except for information, products or services clearly identified as being supplied by Zappa, Zappa does not operate, control or endorse any information, products or services on the Internet. Except for Zappa-identified information, products or services, all information, products and/or services offered through its sites or on the Internet generally are offered by unaffiliated third parties.

You understand that Zappa cannot and does not guarantee that files available for downloading through its sites are free from infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to Zappa sites for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ZAPPA SITES AND THE INTERNET.

ZAPPA PROVIDES ITS SITES AND INFORMATION CONTAINED "AS IS". ZAPPA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)

REGARDING THE SERVICE PROVIDED BY ZAPPA ON THE SITES, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED ON THE SITES OR ON THE INTERNET GENERALLY :

ZAPPA SHALL NOT BE LIABLE FOR ANY COST, LOSS, LIABILITY, EXPENSE, CLAIM OR DAMAGE SUFFERED OR INCURRED, ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF ITS SITES, OR ANY TRANSACTION ENTERED INTO FOLLOWING OR ARISING OUT OF USE OF THE SITES OR ON THE INTERNET GENERALLY. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED ON ITS SITES OR ON THE INTERNET GENERALLY. ZAPPA CANNOT GUARANTEE AN UNINTERRUPTED OR ERROR-FREE SERVICE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR OFFENSIVE. ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. ZAPPA HAS NO CONTROL, OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.

YOU AGREE THAT YOU WILL NOT MAKE CONTACT WITH ANY ADVERTISERS ON ZAPPA SITES FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE, OTHER THAN TO ENQUIRE ABOUT THE SPECIFIC PROPERTIES ADVERTISED.

AS MENTIONED ABOVE, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, CREATE DERIVATIVE WORKS FROM OR OTHERWISE DEAL IN ANY MANNER WITH THE MATERIAL OR ANY PART THEREOF ON THE SITES, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. IN PARTICULAR, WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, YOU MAY NOT SCRAPE ANY CONTENT FROM THE SITES EITHER AUTOMATICALLY OR MANUALLY, WHETHER SUCH CONTENT IS SUBSEQUENTLY DISPLAYED IN THE PUBLIC DOMAIN OR NOT.

You may print and/or download portions of material from the different areas of the Sites solely for your own non-commercial use on providing written agreement to not change or delete any copyright or proprietary notices from the materials.

By uploading any materials or other information to any public areas of Zappa sites (such as bulletin boards, Forums and/or newsgroups) and/or by forwarding such materials or other information to Zappa whether by e-mail or by any means and in any media now known or hereafter developed, you agree to grant Zappa a non-exclusive, royalty-free, worldwide, perpetual licence, with the right to sub-licence, to modify, copy, reproduce, republish, post, distribute, transmit, create derivative works from or otherwise deal in, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services

You also grant Zappa the right to use your name in connection with all submitted materials and information, as well as in connection with all advertising, marketing and promotional material related thereto.

You agree you have no recourse against Zappa for any alleged or actual infringement or misappropriation of any proprietary right in your communications with Zappa.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ZAPPA BE LIABLE FOR;

1. ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE ZAPPA SITES, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON ITS SITES, OR DOWNLOADED FROM ITS SITES, OR ANY DELAY OF SUCH INFORMATION OR SERVICE EVEN IF ZAPPA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,

2. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON ZAPPA SITES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH ITS SITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN SUCH JURISDICTIONS, ZAPPA'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF ANY RELEVANT JURISDICTION.

Zappa makes no representations about any other website you may access through its sites, or which may link to Zappa sites. You understand that all non-Zappa websites are independent from Zappa, and that Zappa has no control over the content on independent websites. Furthermore, links to any of Zappa sites from a non-Zappa website does not mean that Zappa endorses or accepts any responsibility for its content or use.

7. Content Posted on the Sites

Because community standards vary and individuals may not always comply with our policies and guidelines, in the process of using Zappa sites, you may be exposed to offensive or objectionable content. Users are encouraged to bring any offensive or objectionable advertisements or other information to Zappa's immediate attention by using the "Report Post" Feature or by emailing hello@zappa.ie and identifying the advertisement or information. You will be asked to give reasons for wanting the removal of said advertisements or information.

Please note Zappa's office hours; 9am to 5.30pm Monday to Friday excluding national and public holidays in the Republic of Ireland. All correspondence received outside these hours be addressed upon the re-opening of Zappa offices.

Zappa has a "notice and takedown" policy. If a user deems advertisements or other information to be defamatory or an infringement of their intellectual property rights or otherwise illegal, they should inform email Zappa at XXXXXXXXX.

If another user defames, abuses, harasses, stalks, or otherwise violates your rights on any of Zappa's sites, please report the post to Zappa by emailing hello@zappa.ie and identifying the specific advertisement or other information you consider objectionable, and why you believe the content should be removed.

On receipt of your notification, Zappa will use all reasonable endeavours to remove the offending content within a reasonable period of time. However, please refer to Zappa's office hours above. Zappa can only deal with correspondence received outside these hours on the re-opening of its offices.

8. Personal, Non-Automated Use Only

Unless you have entered into an agreement with Zappa to advertise a property, you may only use Zappa sites for your own personal, non-commercial use. You may not access its sites with any automated software. If you would like to use our services for a commercial purpose, or in any way that is different from how they are presented on its sites, you must first obtain our explicit approval.

9. Indemnification

You agree to indemnify, defend and hold blameless Zappa, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to its sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you or any other person accessing and/or using Zappa sites.

10. Warranties Disclaimer and Waiver

Zappa gives no endorsement or warranty, nor make any representation as to the accuracy, completeness, truth, legality or reliability of the information contained on its sites, or the manner in which the information uploaded by the user is displayed. It is the user's sole responsibility to ensure the accuracy, completeness, truth, legality or reliability of information uploaded onto Zappa sites.

By uploading information to Zappa sites you guarantee the information does not infringe the rights (including intellectual property rights) of any third party and/or is not defamatory of any person, or otherwise illegal. You agree to fully indemnify Zappa against all damages, claims, expenses, liability and costs (including legal costs) that Zappa may suffer or incur in the event of any legal proceedings brought against Zappa in consequence of your uploading information.

All users of Zappa upload information at their own risk. They take full responsibility for complying with all applicable laws and with all legal, regulatory and compliance standards as set out under any and all legislation, regulations and guidelines applying to the advertising of real property. Zappa cannot guarantee all regulatory and compliance standards applying to persons or entities advertising property are met when placing an advertisement on its sites. However, please note; failure to comply with all applicable laws or these Terms and Conditions may result in the deletion of material you upload and/or complete banning.

You acknowledge use of Zappa sites is at your own discretion and risk. Furthermore, you agree to waive to the fullest extent permissible by law any right to bring any claim or action against Zappa, (including its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives), for any loss, damage, costs or injury arising from such use.

11. Third Party Rights

The provisions of paragraphs 6 (Use of Zappa sites), and 9 (Indemnification) are for the benefit of Zappa and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites. Each of these individuals or entities have the right to assert and enforce those provisions directly against you on their own behalf.

12. Termination

Either party may terminate the agreement arising out of these Terms and Conditions, without notice, at any time, for any reason. The provisions of paragraphs 1 (Intellectual Property Rights), 3 (Information Society Service Provider), 5 (Trade Marks), 6 (Use of the Sites), 8 (Personal Non-Automated Use Only), 9 (Indemnification), 10 (Disclaimer and Waiver) 11 (Third Party Rights) and 13 (Miscellaneous) will survive any termination of the agreement arising out of these Terms and Conditions.

13. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of Ireland.

Any legal action or proceeding between Zappa and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively before the courts in Ireland.

Zappa's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

Zappa may assign its rights and duties under this Agreement to any party, at any time, without notice. Any rights not expressly granted herein are reserved.

14. Responsibility for user accounts and details

As part of the registration process, you will be asked to select a user name and password. You will be responsible for all activities occurring under your username, and for the security of your password. We strongly recommend you use a unique password.

14.1 Usernames

You may not select or use a username that:

· Contains the word Zappa, or otherwise misrepresents your relationship with Zappa or any other party;

· Contains any profanity, is vulgar or offensive, or promotes an illegal activity;

· Violates any trade mark or other proprietary right; or

· Misleadingly impersonates someone else.

Zappa reserves the right to change usernames at our discretion

14.2 Accounts and passwords

Zappa reserves the right to log off or deactivate accounts inactive for an extended period of time.

You may not create more than one personal profile. You agree not to provide Zappa with any false information. You agree to not create an account for anyone other than yourself without the express permission of that other person or entity. You agree to never use the account or password of another user, and to never disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.

You may change your password or profile by following instructions on Zappa sites. Zappa cannot accept liability for any loss incurred as a result of someone else using or accessing your password or account, either with or without your knowledge.

You may be held liable for losses incurred by Zappa or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.

Zappa reserves the right to refuse you access to any of its sites, or suspend your account without prior notice for any reason. You will not be entitled to any compensation in respect of this. If we suspend your account, you will not be entitled to create another account without express permission.

14.3 Your interactions with other users

Zappa has no obligation to verify the identity of any users connected to Zappa sites, or to monitor advertising or other material provided by them. Zappa may occasionally, with due discretion, make efforts to establish or verify the identity of certain users. However, this does not imply that Zappa makes any representations about, or confirms, or endorses any user or any user's purported identity.

Any reference on Zappa sites to a user being "verified" (or similar language) merely indicates the user has completed a relevant verification process. It represents nothing else. Any such description is not Zappa's endorsement, certification and/or guarantee about any user, including of the user's identity/legitimacy or trustworthiness. Rather, such descriptions are intended as information for you to evaluate before contacting or interacting with other parties via Zappa sites. Zappa recommends exercising due diligence and care when interacting with any other user.

Interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.

As with any web-based interaction, use caution and good judgement. Zappa is under no obligation to become involved in disputes between you and any third party (including any advertiser).

Exercise discretion when providing personal information about yourself on Zappa sites. Any personal information on your public profile will be available worldwide to anyone with access to the website.

Do not post your name, address, telephone number, email address or anything else that may lead someone to identifying you, if this is something you are uncomfortable with.

Please note that certain information which you may choose to provide might reveal your gender, ethnic origin, nationality, religion and/or sexual orientation.

Zappa accepts no liability of any nature arising out of or in connection with your interactions with other users.

Zappa reserves the right to remove commentary, links and/or images shared on any of its social media channels, including Zappa sites, brought to its attention and deemed to be spam, inappropriate, defamatory or offensive. Prior notice will not be given.

15. Our right to ban accounts or remove user privileges

Zappa does not delete user accounts. However, you can close your user account. If you choose to, we will scramble your password, remove any email subscriptions or notifications you may receive and turn off your Private Messages.

To close your account, please contact our customer support team by emailing hello@zappa.ie This process is irreversible.

Zappa reserves the right to refuse access to any of its sites and/or suspend user privileges without prior notice for any reason. You will not be entitled to any compensation in respect of suspension of your user privileges. If Zappa disables your account, you will not be entitled to create another account without Zappa's express permission.

These terms and conditions, including our proprietary rights, disclaimer of warranties, indemnities, limitations of liability, choice of law and choice of forum, and miscellaneous provisions survive termination of user privileges.

Without limiting the foregoing, the following circumstances will lead to a suspension of your privileges on Zappa:

· Breaches or violations of these Terms and Conditions or other Zappa guidelines;

· Requests by law enforcement or other government agencies;

· Unexpected technical issues or problems; or

· Extended periods of inactivity.