Terms, Conditions & Notice

Access to hibernianlegal.ie and use of the information contained therein is governed by the terms, conditions and notices set out below.

Your use of this website is subject to these terms, conditions and notices of use. By using this website you agree to be bound by these terms, conditions and notices.

Hibernian Legal (International) Limited will not be liable for any action in reliance on the information on this site and accepts no liability for any loss, which may arise from reliance on information, contained in or accessible from this website.

General Terms & Conditions

Who we are:

This website is owned by Hibernian Legal (International) Limited (hereinafter called Hibernian Legal). Hibernian Legal is a limited liability company registered in Ireland (company number 167773) with a registered office and trading address at 32 Bachelors Walk, Dublin 1, Ireland. Our VAT number is 6567773B.

Agreement:

By using this website and signing up for membership you are entering into an Agreement with Hibernian Legal (hereinafter referred to as ‘the Agreement’). The Agreement means that you are bound by the terms, conditions and notices of use.

In signing up for membership you warrant that you are legally capable of entering into this Agreement. You also warrant that you are entering the members’ area in the course of your trade, profession or business and that you are not acting as a consumer.

By entering this Agreement you agree to comply with all applicable laws and regulations with respect of your activities under this Agreement.

In order to use the Members’ area of this website you must open and maintain an account with Hibernian Legal. By opening and maintaining an account with Hibernian Legal you will be deemed to have entered an Agreement with Hibernian Legal.

When your account has been opened, you will be assigned a user name and password. You must ensure that your password is not disclosed to another person or party and you are responsible for ensuring that access through your firm’s account is conducted by your authorised personnel only.

The opening up of an account with Hibernian Legal shall not entitle you to automatically receive any services through this website. Each request for any service through this website is a separate offer to enter into a contract for those services on the terms, conditions and notices of this Agreement.

By opening an account with Hibernian Legal you agree to ensure that all your registration details are true and accurate. Hibernian Legal reserves the right to make enquiries with third parties where appropriate to ensure that the details furnished are accurate. You agree that any change in your registration details at a future date will be notified in writing to Hibernian Legal.

Governing Law:

This legal notice and terms and conditions of use and all issues regarding this website shall be governed by the laws of Ireland. The Courts of Ireland shall have exclusive jurisdiction in relation to any disputes which may arise in relation to the website, its uses, services and any information contained therein.

Use of Website:

Unauthorised use of the website which results or may result in damage, disablement or impairment of the services provided by this website or interference with any member’s use of the website is strictly prohibited.

Please note Hibernian Legal reserves the right to refuse membership to this website. In such circumstances there will be no requirement to set out the basis for such refusal.

Furthermore, Hibernian Legal reserves the right to suspend a member’s account for breach of the terms, conditions and notices herein or a breach of the privacy policy or the failure by a member to pay any outstanding account on written request from Hibernian Legal. This is without prejudice to any other remedy that is or may be available to Hibernian Legal. You will be notified in writing that your account has been suspended and the reason for such a suspension.

It is the individual member’s responsibility to ensure that their user name and password is not revealed to any unauthorised third party. If you become aware or suspect any use of your account by an unauthorised person you must inform Hibernian Legal of this in writing immediately. A new username and password will be then issued to you.

Acceptance by Hibernian Legal of Request for Membership

In accepting a request for membership Hibernian Legal agrees to:

Furnish you with a username and password;
Issue invoices in hard copy or electronically to you on completion of each requisition
Issue a monthly statement to you
Undertake that the services offered by Hibernian Legal will be performed with all reasonable care and skill.
Use all reasonable endeavours to ensure that the website is available to you for the purposes of availing of the services in the members’ area.

Notwithstanding numbers 4 and 5 above, Hibernian Legal does not warrant that the service will be uninterrupted or error free.

Requisition of Services

The member is solely responsible for the form, content and accuracy of any request you make through the members’ area of this website. This includes the spelling of names, addresses and the provision of dates. In circumstances where inaccurate information is furnished, you may still be liable for the cost of the search to include any service charge, VAT and outlays.

Warranties

Hibernian Legal does not warrant that the services provided by this website will meet with your requirements or those of a third party. It is the members’ responsibility to ensure that the services requested meet their requirements. The member is further advised that the following restrictions apply to certain searches:

Due to the manifold system of record keeping by various planning authorities around the country we have been obliged to apply a number of restrictions to our planning search returns. These restrictions are set out clearly on each and every planning search.
Where records are updated by officials at random times during the course of any given day our searches can only be deemed certifiable up to 10 30am on the morning of that day. Please note that every effort is made on our part to complete the search as near as possible to the time required on that day.

By entering this Agreement you acknowledge and accept the above restrictions and understand that this is not an exhaustive list of restrictions in that further restrictions that have not been set out in the terms, conditions and notices may apply.

Cancellation of Requisitions

Should you wish to cancel any requisition of searches or services through the members area of this website you must contact Hibernian Legal on 01 8723067 to inform them of you wish to cancel such a service. It is at the discretion of Hibernian

Legal as to whether or not a request to cancel is granted. This will depend on the circumstances of the individual case and whether or not work has commenced on the searches or services.

Turnaround on requisitions

Hibernian Legal will use all reasonable commercial endeavours to ensure that all requisitions are completed in a timely manner.

Members accept that although services may be requisitioned, reviewed or recorded out of business hours the services required will only be available during business hours. It is further noted that results will only cover the date specified on the search result.

Payment

On request members will be furnished with a detailed explanation of fees charged. This list is not exhaustive and is subject to change without notice. Hibernian Legal will furnish an invoice on the completion of every search. This invoice will be furnished electronically or in hardcopy. Members agree to pay such invoices within 30 days of the date thereof.

Further, Hibernian Legal reserves the right to request members to discharge outlays in advance of providing a service where appropriate. The member will be notified of this requirement as soon as reasonably possible.

In the event that a Member’s account with Hibernian Legal is outstanding and a notice of this has been sent in writing to the Member, Hibernian Legal reserves the right to suspend the account for such a time until all outstanding sums are paid. This is without prejudice to any other remedy available to Hibernian Legal.

Further, if a Member fails to pay any invoice issued within 30 days of the date thereof, Hibernian Legal shall be entitled but not obliged to charge the Member interest on the overdue amount, payable by the Member immediately on demand, from the due date up to the date of payment, after as well as before judgment, at a rate of 2% per annum above Euribor for the time being. Such interest shall accrue on a daily basis and shall be compounded quarterly.

In the event of any failure by a Member to make payment in accordance with this Agreement, the Member will be responsible for all expenses including legal fees incurred by Hibernian Legal or their agents in collecting such outstanding sums.

Changes to Website

Hibernian Legal reserves the right to alter, change, upgrade or modify the website. This may affect your access to the members’ area. We will endeavour to ensure that any disruption is minimal and in circumstances where it will be necessary to suspend the website for such works to be carried out notification of this will be placed on our home page.

Changes and Alternations to Terms & Conditions

Hibernian Legal reserves the right to alter the terms, conditions and notices under which the services are available through this website. You are strongly advised to review these terms, conditions and notices on a regular basis to ensure you are aware of any changes made thereto.

Events Outside Our Control

Hibernian Legal will not be liable for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control i.e. a force majeure event. This includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular without limitation the following:

Strikes, lock-outs, work to rule or any other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
any failure by a third party to supply us with information that we have requested;
impossibility of the use of public or private telecommunications networks, failure of payment systems or software, breakdown of machinery or equipment;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
the acts, decrees, legislation, regulations or restrictions of any government.

Hibernian Legal’s performance under the Agreement will be deemed to be suspended for the period of the Force Majeure event and following the end of the period Hibernian Legal will have an extension of time within which to perform.

Confidentiality

During the currency of this Agreement Hibernian Legal and Members may be given access to confidential information. A party’s confidential information shall not be deemed to include information that:

is or becomes publicly known other than through any act or omission of the receiving party;
was in the other party's lawful possession before the disclosure;
is lawfully disclosed to the receiving party by a third party without restriction or disclosure;
independently developed by the receiving party, which independent development can be shown by written evidence;
is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrativebody.

Each party shall hold the other party's confidential information in confidence and unless required by law not make the other party's confidential information available to any third party, or use the other party's confidential information for any purpose other than the implementation of this agreement.

Members shall be responsible for any loss, destruction, alteration or disclosure of confidential information caused by them or their agent through disclosure of confidential information to a third party other than as specified above.

Waiver

If Hibernian Legal fails at any time during the term of this Agreement to insist upon strict performance of any of the terms, conditions or notices under this Agreement or if Hibernian Legal fails to exercise any of the rights or remedies to which they are entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve the member from compliance with the terms, conditions and notices under this Agreement.

A waiver by Hibernian Legal of any default shall not constitute a waiver of any subsequent default

No waiver by Hibernian Legal of any of these terms, conditions or notices shall be effective unless it is expressly stated to be a waiver and is communicated in writing.

Complaints Procedure

Hibernian Legal is a client focused organisation. Should you wish to make any complaint in relation to the services offered we would request that you address such a complaint in writing for the attention of Denis Hickey or Dominick Downey for immediate attention. Such complaints will be reviewed and you will be informed of the result of the review within a reasonable time frame. Hibernian Legal will endeavour to resolve any complaints in an amicable manner and in a timely fashion.

Severability

If any of these terms, conditions and notices or any provisions of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, conditions, notices or provisions will to that extent be severed from the remaining terms, conditions, notices or provisions which will continue to be valid to the fullest extent of the law.

Notices

All notices given by members must be given to Hibernian Legal at 32 Bachelors Walk, Dublin1, Ireland or info@hibernianlegal.ie.

Hibernian Legal may give notice to members by email or postal address or DX - the details of which are provided on registration.

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent or three days after the notice is posted or sent by DX.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter that such letter was properly addressed, stamped and placed in the post and in the case of DX that such letter was properly addressed, stamped and placed in the document exchange and in the case of an email that such email was sent to the specified email address.

All notices, documents, communications and any other data to be provided under this Agreement must be in the English language unless otherwise agreed.

Termination

This Agreement may be terminated as follows:

By the Member in writing and on the discharge of all sums due and owing in full unless otherwise agreed.
By Hibernian Legal in the event of a breach by the Member of any term, condition and/or notice of this agreement.
if either party is adjudicated bankrupt, becomes insolvent (including being unable to pay its debts as they fall due and/or that the value of its assets is less then the amount of its liabilities taking into account its contingent and prospective liabilities), proposer ? and individual, company or partnership voluntary arrangement, has receiver, administrator or manager appointed over the whole or part of its business or assets; or
if any petition shall be presented, order shall be made or resolution passed for the other party’s winding up (except for the purpose of a bona fide amalgamation or reconstruction), bankruptcy or dissolution (including the appointment of provisional liquidators/interim receivers or special managers)
if the other party shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, if the other party ceases or threatens to cease to carry on business or if the other party claims the benefit of any statutory moratorium.

Copyright Notice and Licence.

The information, content, graphics, text, images, trademarks, trade names and logos (the “materials”) contained on this website are protected by copyright, trademark, database right, sui generis right and other and other intellectual property laws under national laws and international treaties.

This site may be copied for the purpose of viewing, but may not be permanently stored or copied for further distribution.

Links

Hypertext or other links to this website are prohibited without the consent of Hibernian Legal (International) Limited. If you wish to provide a link to this website, you should notify us by email to info@hibernianlegal.ie and give details of the URL(s) of the page(s) with links to our website and the URL(s) of the page(s) to which you wish to link on our website.

Disclaimer

This website is available without any representation or warranties of any kind, either express or implied. Hibernian Legal (International) Limited makes no representations, warranties or undertakings about any of the Materials or any content of or information on any other website referred to or accessed by hypertext link or otherwise through the website (“third party site”). Hibernian Legal (International) Limited does not endorse or approve the content of any third party site, nor will Hibernian Legal (International) Limited have any liability in connection with third party site.

Limitation of Liability

To the fullest extent permitted by applicable law, neither Hibernian Legal (International) Limited nor any directors, employees, servants, agents or other representatives thereof will be liable for loss or damage arising out of or in connection with your use of the Materials or any facilities or services offered through this website (including, but not limited to, indirect or consequential loss or damage, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties) even if Hibernian Legal (International) Limited has been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable.