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Terms & Conditions(Required) I agree to the terms and conditions
1. This page contains the terms and conditions on which University Hospital Kerry (“UHK”), a facility of the Health Service Executive ("HSE”) advertises properties to its staff members. This is strictly a referral service for available properties. All contracts, leases, licences and/or other agreements concerning the letting of properties to the staff of UHK are strictly between the applicable staff member and the property owner/landlord. UHK does not and will not enter into any such agreements on behalf of staff members and have no obligations or involvement in property agreements or disputes arising between UHK staff and the landlords / owners of the properties which they live in. 2. www.uhk.ie (the “Website”) represents an opportunity for you to offer details of your property to UHK staff to be advertised internally within UHK to existing and prospective staff members. No contract shall arise between you and the HSE, nor shall it be deemed that your property will be accepted to be advertised to our staff. 3. In providing the requested information to the HSE you warrant that:- a. The property which you are advertising complies with all relevant regulations and for such properties as set out set out in the Housing (Standards for Rented Houses) Regulations 2019 or such other legislation which may be applicable in Ireland from time to time; b. The property does not have any deficiencies (bearing in mind the use for which such property is intended) should any risk assessment be conducted; and c. The property is free from unnecessary and avoidable hazards. 4. You hereby confirm that any information placed on the Website or received from you for placing on the Website meets the following content standards: a. It is true, accurate, relevant and genuinely stated (in the case of opinions) and not in any way misleading; b. It is not in breach of any applicable laws, codes, guidance or regulations (including but not limited to those relating to advertising standards); c. It does not and will not infringe any third-party intellectual property rights; and d. It does not contain any software (to include inter alia, viruses, trojans, worms, logic bombs or other material) which is malicious or technologically harmful. 5. Any information placed on the Website or received from you for placing on the Website must not: a. be defamatory of any person; b. be obscene, offensive, hateful or inflammatory; c. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; d. disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual unless such individual has provided consent for use of their data in this way; e. infringe any copyright, database right, trade mark or other intellectual property rights of any other person; f. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; g. be in contempt of court; h. be likely to harass, upset, embarrass, alarm or annoy any other person; i. impersonate any person, or misrepresent your identity or affiliation with any person; j. give the impression that the advertisement emanates from a particular person or entity if this is not the case; k. advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; l. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and/or m. contain any advertising or promote any services or web links to other sites unless this is otherwise approved by the HSE. 6. Without prejudice to any other right or remedy available to it, the HSE reserves the right to decline to accept your advertisement and to remove your property details from the Website at any time for breach of any of the warranties contained in above or for any other reason at the absolute discretion of the HSE and without obligation to specify its reason. 7. In the event that UHK exercises its rights above, it may do so without notification to you. 8. Whilst every effort is made to ensure that all information is entered correctly and each advertisement which the HSE carries for you onto the Website is correct, the HSE recommends that you check the contents of each advertisement carefully once posted, and the HSE accepts no blame or liability for incorrect information relating to your property. 9. The HSE gives no warranty as to the quantity and quality of the responses to any advertisement placed on the Website. 10. Whilst the HSE will use its reasonable efforts to make the Website available for access via the Internet, it does not give any guarantee that the Website will be available nor does the HSE accept any liability for any failure of the Website or failure of your advertisement to be available due to any circumstances beyond the HSE’s reasonable control including without limitation to any breakdown or malfunctioning of any computer software, equipment, telecommunications facilities or services. 11. The HSE shall not be liable for the contents of any advertisement appearing on the Website and shall be under no obligation to ensure that any content is removed from the Website. 12. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. The HSE do not accept any liability arising from any inaccuracy or omission in any of the information on the Website supplied by you, any other site user or any other person. 13. The HSE’s sole liability and your sole remedy in respect of any error by HSE in displaying or failing to display your advertisement on the Website shall be for the HSE to use its reasonable endeavours to rectify the error as soon as reasonably practicable following receipt of an e-mail from you to the HSE’s website administrators bringing the issue to the HSE’s attention. 14. To the extent permitted by law, the HSE, its servants or agents and third parties connected to the HSE hereby expressly exclude: a. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and b. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 15. You shall, at all times during and after the expiry or termination of the listing, indemnify the HSE and keep the HSE indemnified against all losses, damages, costs or expenses and other liabilities (including legal and other professional fees) incurred by, awarded against or agreed to be paid by the HSE arising from any breach of your obligations under this listing except to the extent that such liabilities have resulted directly and entirely from the HSE’s instructions or actions. 16. Either you or the HSE may terminate the listing at any time without prior notice. 17. Applicable laws may require that some information or communications which the HSE sends to you should be in writing. When using the Website, you accept that communication with the HSE will be mainly in the form of electronic communication. 18. The HSE will contact you by e-mail or provide you with the information by posting notices on the Website. You agree to this electronic means of communication and you acknowledge that all notices, information and other communications that the HSE provides to you electronically comply with any legal requirement that such communication shall be in writing. 19. You shall not be entitled to assign your rights or transfer your obligations under your listing with the HSE. 20. The HSE may transfer, charge, sub-contract or otherwise dispose of its rights or obligations arising under it, at any time during the operation of the Website. 21. These terms and conditions set out the entire agreement between the you and the HSE relating to the advertising of your property on the Website and overrides any prior correspondence or representations. All warranties and conditions not set out in herein whether implied by statute or otherwise are excluded to the extent permitted by law. You acknowledge that you have no claim against the HSE for misrepresentation unless that misrepresentation was made fraudulently. 22. If any provision of these terms and conditions is ruled to be invalid, illegal or unenforceable for any reason, that invalidity, illegality or unenforceability will not affect the rest enforceability of these terms and conditions which will remain valid and enforceable in all respects. 23. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. 24. the HSE will not be liable for any loss or damage caused by any form of cyber attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. 25. The HSE may revise these terms and conditions at any time without notice to you. You are expected to check this page from time to time to take notice of any changes which the HSE has made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Website. 26. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. the HSE therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents. 27. The HSE will use any personal information you provide to provide the advertising of properties on the Website. Further details of how we will process personal information is set out in our Privacy Policy.