1.1 Who are we?
Musgrave Limited trading as Musgrave Wholesale Partners of Ballycurreen, Airport Road, Cork (“Musgrave”, “we”, “our”, “us”). We are committed to protecting and respecting your privacy. Our Privacy Policy is set out separately (Link to be placed here) and our Cookie Policy is set out (Link to be placed here). Our data protection officer may be contacted by emailing dpo@musgrave.ie. This Policy (together with the Terms and Conditions for particular applications or services and any additional terms of use as may be applicable from time to time) applies to your use of Musgrave Web sites and any other provision of information to us by You including (but not limited to) the following Web sites: musgrave.ie, musgravegroup.com, musgravemarketplace.ie; brewdoocoffee.ie, laroussefoods.ie and any other Web sites to which these terms are extended (“Sites”) or services which are supplied to you through your use of the Sites (“Services”).
Your use of the sites constitutes your agreement to follow and be bound by the terms of use of the sites including this policy. We reserve the right to update or modify these terms at any time without prior notice. For this reason, we encourage you to review the agreement whenever you use any of the sites. If you do not agree to these terms, please do not use the sites. We may also impose limits on certain features and services or restrict your access to parts or all of the sites without notice or liability.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Sites, including, without limitation, modems, hardware, software, and long distance or local telephone service. Any of the Sites may contain additional terms (for example conduct guidelines) that further govern the use of that Site, including without limitation particular features or offers (for example competitions). If any Terms and Conditions contained in this agreement conflict with any Terms and Conditions contained within a particular Site, then the Terms and Conditions in this agreement shall prevail. Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
1.2 Intellectual Property
Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by us or our suppliers. The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
1.3 Overview
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any Service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites. We also reserve the right to change the terms of this Policy from time to time. Any changes we may make to this Policy in the future will be posted on www.musgrave.ie and where appropriate, notified to you in the context of your use of the Services.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising a right or remedy provided by these terms and conditions or by law does not constitute a waiver of those or any other rights or remedies.
Neither Musgrave nor any Musgrave affiliated retailer shall be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident.
1.4 Site Usage
As a condition of your use of the Sites and/or the Services, you will not use the Sites/Services for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use the Site in any manner which could damage, disable, overburden or impair any Site/Service or interfere with any other parties use and/or enjoyment of those Sites/Services.
You may not attempt to gain unauthorised access to the Sites or Services, other accounts, computer systems and networks connected to any Site/Services, through hacking, password mining or any other means.
Musgrave or La Rousse Foods will not be liable for any costs incurred by you to access the Site such as telephone, computer or other.
1.5 Privacy
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our (Link to be placed here). You should review our Privacy Policy which is incorporated into these terms by this reference.
In accessing this Site each user accepts that electronic mail passing over the Internet may not be free from interference by third parties. In consequence, we cannot guarantee the privacy or confidentiality of any information relating to any user passing over the Internet.
1.6 Availability of Services
Neither Musgrave nor La Rousse Foods can be held liable for any interruption in the availability of the Site and any inconvenience or loss this may cause other than as may arise under law or under these terms and conditions.
1.7 Limitation of Warranties
Neither Musgrave nor La Rousse Foods makes any representations or warranties of any kind, whether express or implied, as to the operation of the Sites (including this Site), the information, content, materials or products, included on or in their sites/services. To the full extent of the applicable law, Musgrave and La Rousse Foods disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Neither Musgrave nor La Rousse Foods will be liable for any damages of any kind arising from the use of the Sites, and including (but not limited to) direct, indirect, consequential, incidental and punitive damages except in respect of death or personal injury caused by a negligent act or omission of Musgrave or La Rousse Foods. No oral advice or written information given by Musgrave, its affiliates, agents, directors, employees. agents, or the like, shall create a warranty, nor shall you rely on any such information or advice.
1.8 Miscellaneous
We are pleased to hear from users and welcome your comments regarding products sold by us and/or the Services and/or the Sites (“Comments”). You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Musgrave or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
All materials incorporated in or accessible through the Sites, including, without limitation, text, prices, product details, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site), are protected by Irish and international copyright laws, and are owned, controlled or licensed by Musgrave or its permitted licensors. All such rights are reserved. Such materials may be used only for viewing the Sites in the ordinary course or as a resource for purchasing the products and/or services offered through the Sites. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. All trade marks on the Sites may not be used without our prior written permission. Any person wishing to link to any of the Sites should contact us, to apply for consent to make such a link. Making use of other facilities that may be provided on the website, use of any automated system or software to extract data from this website for commercial purposes (“screen scraping”) is prohibited, except in cases where third parties have entered into a written Licence Agreement directly with Musgrave which permits that third party to access Musgrave’s price, product details and other information for the sole purpose of price comparison. Musgrave and La Rousse Foods are Registered Trade Marks of Musgrave.
The terms of this Policy and this Agreement shall be governed by the laws of Ireland without regard to choice of law principles and the courts of Ireland shall have jurisdiction to hear any dispute in relation to it. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Musgrave’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.