User Agreement

Who we are

This User Agreement governs your general use of this website, which is operated by Oberg Associates Ltd, T/A Max Benjamin, a company incorporated under the laws of Ireland under company number 220168 with registered office at Glenstock, Enniskerry, Co. Wicklow, Ireland (‘Max Benjamin’, ‘we’, ‘our’ or ‘us’).

The purpose of these terms is to let you know what we expect from users of our website and to include certain terms relevant to the operation of the website.

Our contract with you:

By accessing or using the website (whether or not you are a registered user) you are agreeing to this User Agreement, including any amendments we may make to it. If you don’t accept and agree to this User Agreement please do not register for or use this website.
You can only enter into this User Agreement if you have reached the age of majority or legal age in your jurisdiction and if you can form legally binding contracts under applicable law. By using our website, you confirm that you have reached the age of majority in your jurisdiction and you otherwise have the legal capacity to enter into and agree to the terms of this User Agreement.
If you purchase any of our products through the website you will be asked to agree to our Terms & Conditions before you can submit your order. Also, sometimes other terms and conditions will be relevant to our legal relationship with you. This will include, for example, any terms and conditions that apply to any promotions, competitions, gift cards and/or loyalty programs we offer.

It is important that you understand what personal data we receive when you use our website. Please see our Privacy Notice and Cookies Policy.

Changes to this User Agreement

We may make changes to this User Agreement from time to time and may do so for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the User Agreement will be posted on our website and you should regularly check for the most recent version. If you continue to use the website after the changes become effective you will be considered to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us by stopping your use of the website. Any amendment to this User Agreement you purport will not bind Max Benjamin.

Your access to our website

As a user of our website you may be able to purchase certain products through the website, create a user account, create a wishlist of products, review content, provide product reviews, subscribe to updates and use other website features (the ‘Service’). Subject to the terms and conditions of this User Agreement, we give you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Service in accordance with this User Agreement.

If you choose to access the website from locations outside of Ireland, you are responsible for compliance with local laws where they are applicable.

You are responsible for making all arrangements necessary for you to have access to the website, including internet access. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms, and that they comply with them in full.

User accounts

To use some parts of the website you may be required to register an account with us by providing certain information. You agree to provide us with true and accurate information and to update it as necessary to keep it accurate. All user accounts are personal agreements between the user and us and as such are non-transferable. You must not use your account for or in connection with the impersonation of any person. If you provide us with false information, we reserve the right to suspend or terminate your account and your access to the website.

You must treat your username and password you choose as confidential, and you must not share them with anyone else. If you think that someone else might be using your account, you must let us know immediately using the contact information below. You should also immediately change your password. You must not use anyone else’s user account to access the website. We may suspend or terminate access to your account if you break these rules and/or the other rules contained in this User Agreement.

Use of the website

We permit you to use the website only for personal, non-commercial purposes and primarily for the purchase of our products. Use of the website in any other way, including any unacceptable use set out in this User Agreement, is not permitted.

Except as expressly set out in this User Agreement or as permitted by applicable law, you agree:

not to use the website (or any part(s) of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this User Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the website (or into the websites linked to the website) or any operating system;
not to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
not to send or otherwise post unauthorised commercial advertisements or other communications to users of the website or any person (e.g. unsolicited commercial communications or spam);
not to collect website users’ information, or otherwise access the website or our systems, using automated means (e.g. harvesting bots, robots, spiders, or scrapers, etc.) or attempt to decipher any transmissions to or from the servers running the website;
not to solicit login information or access an account belonging to someone else;
not to copy any of the website except where such copying is incidental to normal use of the website 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 any of the website or its content;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the website or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the website;
not to make alterations to, or modifications of, the whole or any part of the website, or permit the website or any part of it to be combined with, or become incorporated in, any other programs;
not to manipulate any identifiers to disguise the origin of a message;
not to facilitate or encourage any violations of this User Agreement (or any part thereof); and
not to use the website in any manner which could damage, disable, overburden, impair or compromise the website, our systems or security or interfere with other users or any other party’s computer systems or hack or gain unauthorised access to the website or Max Benjamin Content (defined below) or data.

Product Reviews

We may provide services on our website that enable website users to write and submit to us reviews of our products for publication on our website (‘Product Reviews’). We are not obliged to publish a Product Review and we may at any time remove a Product Review that we publish on our website. Any Product Review you provide must comply with our Product Review standards set out in paragraph 7.3 below.

By submitting a Product Review, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence (including the right to sub-licence) to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Product Review (in whole or in part) on the website, and on any other websites operated or used by us.

Any Product Review you submit to us must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, any Product Review by you must be:

your own original work and lawfully submitted;
factually accurate or your own genuinely held belief;
provided with the necessary consent of any third party;
not defamatory or likely to give rise to an allegation of defamation;
not offensive, obscene, sexually explicit, discriminatory or deceptive; and
unlikely to cause offence, embarrassment or annoyance to others.

We shall apply the terms of this paragraph 7 in our absolute discretion. In the event of your breach of this paragraph 7 we may terminate or suspend your use of the website, remove or edit Product Reviews or take any action we consider necessary.

Use of our content

Except for your and other users’ Product Reviews, Max Benjamin and our licensors, retain all right, title and interest in and to the information (in any form including without limitation text, graphical, video and audio), images, icons, applications, designs, software, scripts, programs, copyright, trade marks, trade names, logos, and other materials and services available on or through the website, including its look and feel (collectively, ‘Max Benjamin Content’). You should note that Max Benjamin Content is protected by copyright, trade mark, database rights, sui generis rights and other intellectual and industrial property laws (as the case may be), under national laws and international treaties. Your access and/or use of any of the website does not transfer to you or any other person any ownership or other rights in or to the website or its content, unless specified otherwise in this User Agreement.

You may not make alterations, copies, extractions, modifications or additions to Max Benjamin Content, or sell, copy, disseminate or licence it, or misuse the Max Benjamin Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use any of the Max Benjamin Content, you must contact us in advance and obtain our prior written permission except if otherwise expressly provided in this User Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.

Communications by electronic means

We may communicate with you regarding the Service by electronic communications using information you provided during the registration process or contained in any query you submit to us. You agree that we may communicate with you by means of electronic communications regarding this User Agreement and any other matter relating to your use of the website. E-mail and other methods of transmitting information over the internet are subject to interference or scrutiny by third parties and should be independently verified. We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you.

Accuracy of information and availability of the website

While we try to make sure that the website is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the website will be fit or suitable for any purpose. Any reliance that you may place on the information on the website is at your own risk.

Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

While we try to make sure that the website is available for your use, we do not promise that the website is available at all times nor do we promise the uninterrupted use by you of the website.

We may change, upgrade, suspend or discontinue the website and/or one or more Services or any feature of the Service at any time as we see fit.

Limitation on liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

losses that: (a) were not foreseeable to you and us when this User Agreement was formed; or (b) that were not caused by any breach on our part;
business losses; and
losses to non-consumers.

We shall have no liability to you for any breach of this User Agreement caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Linked sites

Certain links on our website lead to sites maintained by third parties over which we have no control. Max Benjamin makes no representations as to the accuracy, completeness, truthfulness or any other aspect of the information contained on such sites or sites linked to such sites. Any links to such sites are provided for convenience only and are to be availed of at your own risk.

Consequences of breaching this User Agreement

Any failure to comply with any of this User Agreement or any misrepresentation of any information furnished to us by you or anyone acting on your behalf may result in the immediate suspension or termination of your user account and access to the website without notice or liability to you. This is without prejudice to any other rights or remedies we may have under this User Agreement or under applicable law.

General Provisions

This User Agreement operates to the fullest extent permissible by applicable law. If any provision (or part provision) of the User Agreement is unlawful, void or unenforceable, that provision (or part) is deemed severable from the User Agreement and does not affect the validity and enforceability of any remaining provisions.

If we fail to insist that you perform any of your obligations under the User Agreement, 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.

This User Agreement is governed by Irish law. Subject to paragraph 14.4, any dispute will be subject to the jurisdiction of the Irish courts. Nothing in this clause limits or excludes any mandatory consumer protections applicable in the country of your residence.

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any matter regarding our relationship with you please contact us using the information provided at the end of this User Agreement. If you and we cannot resolve a dispute using our internal complaint handling procedure, you may use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the Your Europe portal: ec.europa.eu/consumers/odr.

If you wish to contact us in respect of any aspect of this document please contact us at info@maxbenjamin.ie.

Last updated 3 August 2020