Please read the following terms of use carefully. These terms of use (together with the documents that they refer to) set out the basis upon which you are entitled to access and use the website www.tmrmarks.ie (the Site) – this includes www.tmrfitzsimons.ie which is a website of TMR Fitzsimons.
By using the Site, you confirm that you accept the terms of use and that you agree to comply with them. If you do not agree with these terms of use, you must not use the Site.
Other Applicable Terms
These terms of use refer to the following additional terms, which also apply to your use of the Site:
- Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Cookie Policy, which sets out information about the cookies on the Site.
Who we are
TMR Fitzsimons is a trading name of Michael Fitzsimons: Irish Business Name No. 468669. It is a law firm regulated by the Law Society of Ireland: Law Society Law Firm No. F7586. Michael Fitzsimons is a practising solicitor, and Irish and European trademark attorney and design right agent.
If you have any questions about our use of cookies, we can be contacted at 35 Laurence Street, Drogheda, Co. Louth, Ireland; Telephone: +353 (0)41 9836846; Email: [email protected].
Our data access, privacy and cookie policy representative is Michael Fitzsimons.
Use of the Site
Using the Site for the purposes of browsing for information about and availing of our services is permitted. In the case of any paid services, you are permitted to avail of such services where you have paid the relevant fee. Any other use of the content and software on the Site, including the reproduction, modification, distribution, transmission, republication or display of the content on the Site without our express permission, is strictly prohibited.
The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us.
You must not misuse the Site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
We reserve the right to refuse access to the Site and/or the services contained herein in our discretion, including, without limitation, if we believe that particular conduct violates applicable law, is harmful to our interests or is in breach of these terms of use.
No Client Relationship
Please note that the information provided on the Site is not tailored to your particular circumstances and is not legal, trade mark or design right agency and/or advice. Information provided on the Site, and any information you may post to the Site, will not create an attorney-client relationship between us.
Before we can act for you
In order for us to act for you, we need to check whether you have a conflict of interest with us or some of our existing or previous clients. We must also agree to act on your behalf. Please do not send us any confidential information before we have agreed that we will act. Please note that we may not be able to treat that information as confidential or privileged and if we are already acting for a party that is opposing you.
Intellectual Property
All content included, such as, text, , graphics, logos, button icons, images, audio clips and software on the Site (“Content“) is our property or the property of our suppliers and/or licensors (unless expressly indicated otherwise) and is protected by applicable copyright and/or other intellectual property laws.
All trademarks displayed on the Site are trademarks of Michael Fitzsimons trading as TMR Fitzsimons and/or their respective owners. Nothing contained on the Site should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Michael Fitzsimons or the third party owner.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by us. Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may:
- using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or
- if you are an Internet service and/or access provider, supply the Content to your subscriber.
You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Michael Fitzsimons or which is prohibited by the terms of use.
Linking to the Site
You may link to a published page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on the Site as set out above you must notify us immediately on [email protected].
If you wish to make any use of content on the Site other than that set out above, you must obtain our prior express written approval, by emailing us at [email protected] with sufficient details of the proposed use to make an informed judgment.
When we provide a link to another website, application, or social media
The Site may include links to third-party websites, plug-ins, applications or social media posts. These third party websites, plug-ins and applications are not under the control of TMR Fitzsimons, We are not responsible for any other website(s) that we link to from this site. We are also not responsible for the content of any other blog, twitter or other type of social media account that we link to. These are all outside of our control.
We provide these hyperlinks to you as a convenience only. When we provide a link it does not mean that we accept, endorse or recommend the content of any website or social media accounts, including blogs and twitter feeds and similar that the link sends you to.
Login for additional services
In order to access additional services in any user area that may be established from time to time, you must login with your client ID and password. We will set up your account for you so registration is not required.
You must take reasonable care to keep your client ID and password confidential. If you decide to tell someone your password, they become your Nominee and are subject to these terms of use. We recommend that you do not record your password. If you do so, you are responsible for keeping any records of your password secure and protected, and separate from any records of your username.
Payments
You are liable for all transactions carried out by you or by anyone carrying out a transaction with your authority or express or implied consent, regardless of when the transaction is processed to your account.
You should check your statements and records carefully. If you believe a transaction is wrong or unauthorised you should contact us immediately.
Limitation of liability
We will make all reasonable effort to ensure that the Site is available 24 hours a day, seven days a week. However, electronic services are subject to interruption or breakdown. You hereby acknowledge and agree that the Site is available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without prejudice to the generality of the foregoing, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the Site or the contents thereof.
You acknowledge and agree that we may temporarily suspend access to the Site for any reason without notice, including but not limited to where there is a breakdown, error, defect or malfunction of any part of the Site.
Except as expressly set out in these terms of use, all representations, warranties, terms of use whether express or implied in relation to the Site or the information contained herein are hereby excluded to the fullest extent permitted by law.
Due to the fact that we cannot guarantee that the Site will be fault free or that the information contained on the Site will be correct, you agree that we shall not be liable for any loss or damage whatsoever arising out of or in connection with the Site or the contents thereof, whether under theories of contract, tort (including negligence), strict liability or otherwise.
You expressly acknowledge and agree that neither Michael Fitzsimons nor TMR Fitzsimons exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
Variations to these terms of use
We reserve the right to amend the terms of use at any time. Since you are bound by these terms of use, you should periodically refer to them in this document and elsewhere on the Site. The Site will specify the latest date on which the Terms of use have been amended.
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.
Governing Law
These Terms of use will be governed by and construed in accordance with the laws of Ireland and you hereby submit to the exclusive jurisdiction of the Irish Courts.
Terms of Use – Last updated on the 15th October, 2018.