Losume Terms and Conditions of use
Personal data we collect
In short, losume wants to minimise data collection. In order for us to fulfil our mission within the legal frameworks and digital tools of the modern world we’ve got to include all this legal boring hairy stuff.
Users acting in a commercial or professional capacity who offer goods to consumers via Losume.org for purposes relating to trade or business in accordance with clause 19 (“Business Users”) are Business Users for the purposes of these Terms.
2. Your consent
3. Modification of terms
4. Information about us
The platform and the Losume service (defined below) is a platform operated by Losume company limited by guarantee (“we”, “us” or “our” “platform” “service”). We are incorporated in Ireland under company number 732989 and our registered office is at The Building Block, Bridge St. Sligo.
5. Access to and use of the platform or Losume service
Age and responsibility
The use of the platform and/or the Losume service by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor’s compliance. We advise parents or guardians who permit minors to use the platform and/or the Losume service that it is important that they communicate with minors about their safety online, ‘users’ are unknown resellers as to their identity regardless of avatar or username. Where immature behaviour is conducted, their account can be reported and suspended. Moderation of users is not guaranteed or fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
You are responsible for making all arrangements necessary for you to have access to the platform and/or the Losume service. You are also responsible for ensuring that all persons who access the platform and/or the Losume service through your internet connection, including any minors, are aware of these terms, and that they comply with them.
The services which are made available on the platform by us from time to time will, amongst other things, allow you: (i) to create, publish and manage written advertisements for goods for sale or for wanted goods or for jobs; (ii) to create, publish and manage written advertisements for the provision of services; (iii) to contact other users of the platform; (iv) to search our platform for advertisements regarding a specific product, service, seller and/or in a specific location; (v) to forward advertisements to people you know; (vi) to invite people you know to view the platform; (vii) to download or copy portions of information, data, text, sound, images, photographs, graphics, video, messages and other materials; and (viii) to view third party material and receive short service messages (SMS) as part of the SMS Service (defined below) and other items displayed on the platform ((i) to (viii), together, “content”) (the “Losume service”).
You may use the platform for your own personal and non-commercial or commercial use to avail of the Losume service strictly in accordance with the User Agreement. Where you use the platform for commercial purposes, the provisions of the User Agreement applicable to Business Users shall apply.
The User Agreement applies to all users and visitors to the platform and the Losume service.
6. Registration of accounts, usernames and passwords, deactivating accounts
You will be asked to enter your email address and a password and you will be responsible for all activities occurring under your account and for keeping your password secure, beware of entering your account information into for any online service, website or app, pretend sites and phishing is common, check url / site address. All information supplied by you must be complete and accurate.
Name or nickname and Email Addresses
You may not enter a name or email address that:
• Contains “Losume” or otherwise misrepresents your relationship with Losume.org or any other party;
• Usernames must not be your email address or phone number;
• Contains any profanity, is vulgar or offensive, or promotes an illegal activity;
• Violates any trade mark or other proprietary right; and/or
• Misleadingly impersonates someone else.
Accounts and passwords
We reserve the right to log off or deactivate accounts that are inactive for an extended period of time.
You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.
You may change your password or profile by following instructions on the platform.
We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.
You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.
By providing us with your email address, you consent to our using that email address to send you Losume service related notices, including any notices required by law, in lieu of communication by post. This will include notifications about leaving feedback on completion of a transaction as feedback left between people is an integral part of the platform; this specific notification is not available for opting out. We may also use your email address to send you other messages, such as changes to features of the Losume service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements or offers.
We do not sell or knowingly pass any personal information from your account to any third party, except information which is required to provide the service between buyers and sellers. Your details and privacy are important to us. If you feel that your information has been compromised in any way, please report it immediately to us at email@example.com.
In accordance with the DPC, the General Data Protection Regulation and the Data Protection Acts 1988 to 2018 (“Data Protection Law”), non-registered and registered users of our sites can request we delete any personal data we hold. In some instances, we may be unable to delete your data if we are required to retain it to comply with our legal obligations (including requests from law enforcement agencies).
7. Using and accessing the platform, content and the Losume service
You may not: (i) enter, select, submit or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (ii) use a User Identifier without appropriate authorisations or rights; or (iii) use or submit a mobile phone number or email to us in respect of which you are not the registered owner, bill-payer and or account holder. Subject to the provisions of clause 12 as they apply to Business Users, we reserve the right in our sole discretion to refuse registration of, suspend or cancel a User ID’s use or access rights to the platform without notice. You shall be responsible for maintaining the confidentiality of your User Identifier(s) and are fully responsible for all activities that occur under your User Identifier in connection with your use of the platform or the Losume service. Any User Identifiers created by you or submitted for your access to the Losume service and platform shall be for your personal use only and are non-transferable.
You must immediately notify us of any unauthorised use of your User Identifier as registered on the platform or submitted to us by you, or any other related breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
If you forget or lose your User Identifier details used for the purposes of accessing restricted areas of the platform, you may use the forgot my login / password facility.
Only users in Ireland (including Northern Ireland) may advertise on the platform and the Losume service. This is without prejudice to the rights of users outside of Ireland to use the platform for the purposes of searching our database of advertisements. You may not use or access the platform in and from jurisdictions in which its contents are restricted or prohibited by local law or otherwise.
You acknowledge that Losume.org is an information service provider as specified in Directive 2000/31/EC and implemented in Irish law by the European Communities (Directive 2000/31/ EC) Regulations, 2003 (S.I. 68 of 2003). Losume.org is not responsible for monitoring any information transmitted or stored on its Sites. Losume.org is not responsible for any information hosted or cached by it or that it merely transmits. Losume.org has a “notice and take down” policy.
You acknowledge that we do not provide, control, or endorse any information, products, or services on the Internet, unless otherwise stated. We also cannot guarantee any files available for downloading through the platform will be free of any harmful software. You are responsible for ensuring that any data you input and output is accurate, and for having a backup system in place for any lost data.
Do not use any information from the platform to make decisions or take action. We do not guarantee that the information is accurate, up to date, or complete, and we are not responsible for any reliance you put on the content. It is your responsibility to evaluate any advice or information you find on the platform or on the internet. We reserve the right to not publish any content or other material or to provide any other services without prior notice to any user or users for any reason or no reason.
8. Restrictions on right to use
You must not (and you must not allow any third party to):
• modify, adapt, translate, reverse engineer, remove any copyright, trademark or other proprietary rights notices, breach any equality legislation, breach the Code of Standards for Advertising and Marketing Communications in Ireland,
• offer and/or promote products or services without the required authorisation(s), do or say anything deliberately harmful to the reputation of Losume.org, promote competitor services on the platform, place an undue or unfair burden on their support services,
• use any AI, robot, spider, platform search/retrieval application, access, retrieve or index any portion of the platform for the purposes of constructing or populating any database, collect any information about other users,
• create or transmit unwanted electronic communications, impersonate any person or entity, identify or speculate as to the identity of any anonymous or pseudonymous user,
• solicit passwords or personally identifying information for commercial or unlawful purposes, reformat or frame any portion of the webpages, create user accounts by automated means or under false or fraudulent pretences, transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature, copy or store any content offered on the platform for other than your own use, use any device, software or routine that interferes with the proper working of the platform,
• take any action that imposes an unreasonable or disproportionately large load on their IT infrastructure,
• use the platform or the Losume service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, attempt to gain unauthorised access to the platform, its facilities and/or services or any accounts, computer systems and networks connected to any Losume platform, its facilities and/or services, upload, post, email, transmit or otherwise make available any material that you do not have a right to make available,
• post or use any material that is obscene, defamatory, seditious, indecent, offensive, incite racial hatred or incite a crime, be naming or scandalous or inappropriate, and/or harvest or otherwise collect by any means any programme material or information from the platform without their prior written consent.
We reserve the absolute right at our sole discretion to reject, amend or remove any content posted or submitted by you at any time and without notice to you. We reserve the right to monitor and to review all content submitted to us, accessed on or published on the platform at any time. We will, where required by law, provide you with a statement of grounds upon which your use of our services has been restricted in this way.
9. Your interactions with other users
We have no obligation to verify the identity of any users when they are connected to the platform or to monitor material provided by them.
As a result of the variation in community standards and individuals sometimes choosing not to comply with our policies and guidelines, in the process of using the platform, you may be exposed to content that you find offensive or objectionable. You can report such content to us using the ‘Report user’ mechanism.
Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.
We accept no responsibility for transactions that take place on the platform. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.
As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any sponsor or advertiser), we are under no obligation to become involved.
You should consider carefully before divulging any personal information about yourself on the Sites. Any information you include in your public profile will be accessible to anyone with access to the platform. Be aware that certain information you choose to disclose may include details about your racial or ethnic origins, political views, religious or philosophical beliefs, union membership, genetic information, biometric data, health information, or sexual orientation.
When users engage in a transaction, they may need to share personal information such as names, usernames, emails, contact information, mailing addresses, and financial details. We cannot guarantee that all users will respect each other’s privacy and security, so it is important to evaluate your trading partner’s privacy and security policies before sharing any information. It is also important to disclose your own privacy and security policies to them. Additionally, you must obey all data protection laws and give other users the option to remove themselves from your database, as well as to review the data you have collected about them.
You may use other users’ information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
9.1 Losume transaction related purposes that are not unsolicited commercial communications;
• using services offered through Losume; and
• other purposes that a user expressly agrees to.
10. content standards
You must follow all rules when contributing to the platform and/or the Losume service, and any related interactive services. You must abide by the standards for each part of any content you submit, publish, display, or transmit to other users. You must comply with the spirit of the following standards as well as the letter. You are solely responsible for any content you provide.
You are solely responsible for your advertisements listed on the platform. You understand that all information publicly posted or privately transmitted through the platform is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any user’s use of the platform. You understand that we can not guarantee the identity of any other users with whom you may interact in the course of using the Losume service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
By posting content on the platform, you give us, our contractors, and the users of the platform permission to use, reproduce, publicly perform, digitally perform, publicly display, and distribute the content. We may also use this permission to create derivative works or incorporate the content into other works. This permission is non-exclusive, however we have exclusive rights to combine your content with the content of other users to create a searchable database of advertisements. You acknowledge that this permission allows us to reformat, excerpt, or translate any materials you submit.
The following is a non-exhaustive list of the criteria that content must comply with. content must:
• be accurate (where it states facts);
• be genuinely held (where it states opinions); and
• comply with applicable law in Ireland, Northern Ireland and in any country from which it is posted, including compliance with the Disability Act 2005 and the Equality Act 2004 (including all 9 grounds: the gender ground, the marital status ground, the family status ground, the sexual orientation ground, the religion ground, the age ground, the disability ground, the race ground, the traveller community ground).
The following is a non-exhaustive list of the type of content that is prohibited on the platform. You must not:
• comment on, defame, abuse, harass, stalk, threaten or otherwise offend others;
• post content that is unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be in breach of privacy or be inappropriate;
• post content in breach any applicable laws or regulations;
• participate in monopolistic or cartel practices or deceive or mislead any person and or entity;
• falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
• upload content that duplicates content already published on the platform;
• upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
• interfere with or disrupt the platform or servers or networks connected to the platform, or disobey any requirements, procedures, policies or regulations of networks connected to the platform.
We do not control the content posted by users via the Losume service, including the content of any advertisements or seller blogs, other postings, and we do not guarantee the accuracy, integrity or quality of such content. You understand that by using the platform you may be exposed to content that is offensive, indecent or objectionable. You are responsible for complying with all laws applicable to the content you submit to the platform. We may refuse any Losume service in accordance with clause 12 below. We also have the right, at our discretion, to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the platform constitutes a violation of their intellectual property rights, or of their right to privacy.
11. Additional policies
1. Your use of the platform and the Losume services is subject to compliance with these Terms and additional policies listed here:
Items not permitted policy
12. Suspension and Termination
We may immediately delete your advertisement and terminate your access to the Losume service or a User Identifier without prior notice at our sole discretion. The deletion or otherwise of an advertisement should not be viewed as an indication of wrongdoing on the part of the advertiser. Business Users will be provided with a statement of reasons for termination and shall have the opportunity to clarify the facts and circumstances leading to their suspension or termination within the framework of our internal complaint-handling process, as described in more detail in clause 19 below.
We may review and delete any advertisements, blog postings or other content that in our sole judgment breach the User Agreement or which might be offensive, illegal or that might violate the rights of, harm, or threaten the safety of other users of the platform or us.
We reserve the right to investigate and we will determine, in our discretion, whether there has been a breach of the User Agreement through your use of the platform and/or the Losume service. When a breach of the User Agreement has occurred, we may take such action as we deem appropriate.
13. Your concerns and complaints
If you have any concerns about material which appears on the platform or if you believe that content posted on the platform breaches the User Agreement or is in any other way objectionable, please notify us through the ‘Report user’ mechanism on the platform or send a letter to Losume.org, The Building Block, Bridge St. Sligo, Ireland specifying the full details of your concern or complaint, specifying the reasons for your concern or complaint making clear reference to any connected such content.
If you do not provide us with sufficient information, we may be unable to process your complaint. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take. You are solely responsible for your interactions with other users of the platform. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.
Business Users should refer to clause 19 below.
We will use all reasonable endeavours to respond to complaints received as soon as possible, and our aim is to respond to all complaints within five working days.
14. Disputes with third parties
You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the platform and/or the Losume service. You must, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of, we reserve the right to take any and all appropriate action against you.
15. Payment for advertisements and requests
Publication of an advertisement is subject to payment of a fee to Losume.org (the “fee”). The terms of the fee are set out on the platform and displayed to you in the course of you offering to place an advertisement with us in euros including vat.
The fee may be paid using PayPal, or with a credit or debit card.
If you pay by credit or debit card, your payment will be processed by Stripe. Stripe is an online payments company that has been audited by a PCI-certified auditor. For more information about Stripe, click here.
You may save your PayPal and/or credit and debit card details for future payments on the platform.
You may also pay the fee using your phone. If you choose this option your ad will go live once the payment has been applied. Your account credit is then charged the fee with no additional network charges. A confirmation email with a receipt will be generated. A text message will be sent to you by your mobile service provider to confirm the charge. Please note the maximum payment accepted from mobile is €3.
16. User / Buyer requests
Requests or ‘posts’ that are deemed illegal, defamatory, obscene, offensive, duplicated, or contain inaccurate information are not allowed on this platform. We do not guarantee the accuracy, integrity, or quality of the content posted by all users. You understand that using this platform may expose you to content that is offensive, indecent, or objectionable without creating any liability for us. Losume reserves the right to review and reject any ads with adult themes. Graphic images and other inappropriate content will be removed without notice or refund.
17. Seller published ads / promotions / ‘specials’
Sellers who’ve submitted content, receive an email confirmation. content is published pending account is in credit and content does not break content rules. listings remain for 30 to 60 depending on applicable the tier/fee.
Individual advertisers are solely responsible for the content of the material which they submit to us including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any business and/or advertising material, including, without limitation, any error, omission or inaccuracy.
Please note that the content of the published advertisements is provided by external users, and do not represent any views or opinions of Losume nor should they purport to do so.
Accordingly, we require that every care is taken by you or on your behalf in drafting the content of your advertisements in order to ensure that they are not in any way defamatory, illegal or in any other way harmful to a third party as you are solely responsible as author and publisher of your advertisement.
18. Seller advertising and keyword terms and conditions
Advertisements containing illegal, defamatory, obscene, indecent or otherwise offending and duplicated material are not allowed on the platform. We do not control the content of advertisements posted by sellers on the platform, and we do not guarantee the accuracy, integrity or quality of the content. You understand that by using the platform, you may be exposed to content that is offensive, indecent or objectionable without liability.
Using multiple brand names/search words means that advertisements appear in the wrong category and search lists, making them inaccurate and therefore we do not allow the use of these in any form on the platform.
Losume reserve the right to review and reject any advertisements that we feel have an adult theme. In particular, no graphic images may be used, any inappropriate content will be removed without refund.
Advertisement for the sale of any substance or product deemed a ‘controlled drug’ within the following legislation (each as amended, supplemented or replaced from time to time) or whose sale is otherwise restricted by law is also not permitted on the platform:
The Misuse of Drugs Act 1977 & 1984, click here to read more.
The Criminal Justice (Psychoactive Substances) Act 2010, click here to read more.
You may not advertise products which require the vendor to hold a licence for sale or to be trained to dispense including, but not limited to, medicinal products, alcoholic beverages, tobacco products and endangered or protected animal species.
For more information on the advertising of medicinal products please visit the platform of the Health Products Regulatory Authority on www.hpra.ie
content must not include any reference to ‘kegs’ or ‘beer kegs’ and related items (whether relating to their sale or purchase, requesting information about, or otherwise) as beer kegs are the property of the relevant brewer and therefore cannot be sold on. You can read more about this here: www.abfi.ie
Advertisement for the sale of any tickets for Cultural, Entertainment, Recreational and Sporting Events which are made a designated event under the Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021 cannot be advertised above the price officially designated on the ticket by the organiser or organisers of such event.
Advertisements which are posted and are found to be in breach of our policies will be removed without prior notification and no refund will be given. Users who are found to be in violation of our policies on more than one occasion may have their account removed and their information passed to the policing authority.
19. Commercial Terms
Sole-traders, partnerships, companies may advertise on Losume as a registered business and be VAT compliant. However, we reserve the right to decline or terminate a businesses or seller subscriptions at any moment, as stated in Clause 12. Additionally, shops must comply with the Consumer Protection Act 2007, the Sale of Goods Acts 1980, and any other applicable laws. Furthermore, shops must be aware of the Distance Selling Regulations (e.g., refunds, warranties) and consumers’ legal rights as specified by the National Consumer Agency (www.nca.ie). In accordance with the European Communities Regulations (Directive 2000/31/EC) Regulations 2003, shops must give their full contact information, details of any relevant trade organisations or authorization schemes, and the prices, taxes and delivery costs. There must be a verified VAT and CRO number.
Under Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“platform to Business Regulation”) the following information is brought to the attention of Business Users of our platform.
Ancillary Products and Services
In addition to running the platform, we offer a number of products and services in partnership with third party providers, which may include:
• services offered by third party service providers;
• the products and services of various advertisers, as may change from time to time.
You acknowledge and agree that advertisements relating to these products and services may be displayed alongside any advertisements you post on our platform.
Additional Distribution Channels or Affiliate Programmes
Advertisements posted on the platform may appear on any future partner platforms.
Ranking of replies depends on a variety of factors. Content, speed of response, performance and history of seller, location amongst other metrics.
Access to Data
You may terminate this agreement at any time (subject to satisfaction of the relevant minimum notice period) by sending us an email or by deleting your account. If your account or access to our platform is terminated, you will be given the chance to explain the facts and circumstances leading to your suspension or termination within the framework of our internal complaint-handling process. This process starts with submitting your complaint to firstname.lastname@example.org with complaint in the subject line and includes assessment of the complaint and documents, the opportunity to explain any restriction, suspension or termination, and a preliminary decision within 15 business days. You will have the opportunity to review it and provide your input before a final decision is made.
We endeavour to handle and settle disputes and complaints in an amicable manner internally. However, our mediation service is available to Business Users who have exhausted the above process and are unhappy with the final outcome. These mediation services are available at:
Dublin Dispute Resolution Centre, Distillery Building, 145 Church St, Dublin 7, IE +353 01 8175277 email@example.com
Or The Centre for Effective Dispute Resolution, 100 St. Paul’s Churchyard, London EC4M 8BU, UK
+44 (0)20 7536 6000 firstname.lastname@example.org
For complaints that do you not fall within the remit of our internal complaint-handling system, please contact the following email address email@example.com with ‘complaint’ in the subject line
20. Fair usage policy
Buyers, make one request per item, allow sellers time to reply. Sellers, do not make multiple approaches to buyers, allow processing and consideration time. Keep conversations in context, add relevant information if required. Just common sense and good judgement as if the customer was a physical browsing customer. If this policy is not complied with, we reserve the right to remove content and or suspend user without notice.
21. Reporting breaches
Seller may use the ‘Report user’ mechanism which we have placed within the counter in the platform to report any content in breach of the User Agreement, illegal or in any other way objectionable. All users may use the feedback utility at any time to report / comment on any aspect of the service.
All advertisements must adhere to the “Code of Advertising Standards” of The Advertising Standards Authority for Ireland in addition to the standards set out in the Agreement.
You are solely responsible for any content in your content and any items requested or sold that follow. We cannot be held accountable for any goods found on the platform that you ask for, advertise, or purchase. Also, we are not responsible for any content in any promoted or sponsored ads. To the greatest extent allowed by law, we deny any and all responsibility for any claim that results from any faith put in the content by any user of the platform or any issues regarding goods associated with the content.
24. Consequences for failure to comply with the User Agreement
Failure by you to comply with the User Agreement may result in our taking all or any of the following actions:
• immediate, temporary or permanent withdrawal of your right to use the platform and/or the Losume service;
• immediate, temporary or permanent removal of any posting, material or content uploaded by you to the platform;
• issue of a public (via the platform) or private warning to you;
• limit the amount of postings you may make;
• suspension, restriction or limitation of any rights or permissions associated with a User Identifier;
• initiation of legal proceedings against you for reimbursement of all costs on a full indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• other legal action against you; and/or
25. In-feed / lo-board / banner advertising
26. Refund policy
Where advertisements or other content are rejected and/or removed from the platform by us, it is our policy NOT to issue refunds. If you have any doubts about the suitability of a proposed advertisement.
27. Intellectual property
You may reproduce material from the platform for your own personal, non-commercial reference and you may draw the attention of others to material posted on the platform. Reproduction of material from the platform for other purposes is permitted, provided that the source of the material is acknowledged and subject to the following exceptions. In particular, you must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of the platform, nor incorporate it into another platform without our express written permission. You may also permit your computer to make an electronically stored, transient copy of the content on the platform for the purposes of viewing it while connected to the internet only.
You must not alter the paper or digital copies of any materials you have printed or downloaded, nor can you use any illustrations, photographs, or graphics without accompanying text.
You must always acknowledge us as the authors of any material on the platform and must not use any part of it for commercial purposes without our permission. If you break the User Agreement, your right to use the platform will end immediately and you must return or destroy any copies of the content.
28. Disclaimer of liability
The platform and the Losume service are provided without any guarantees or warranties. You should not make any decisions or take any actions based on the content or other materials on the platform and/or the Losume service. We are not liable for any losses or damages incurred as a result of any user of the platform and/or the Losume service relying on such content or materials. We cannot guarantee that the information in the platform and/or the Losume service is accurate or up to date.
The content and other material displayed on the platform is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
28.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
28.2 Any liability for any 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, any direct or any indirect or consequential loss or damage incurred by any user in connection with the platform and/or Losume service or in connection with the use, inability to use, or results of the use of the platform and/or Losume service, any platforms linked to it and any materials posted on it however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We shall not be liable for any damages arising from death or personal injury caused by our negligence or for any fraudulent misrepresentation or misrepresentation as to a fundamental matter. We shall also not be held responsible for any failure to perform our obligations under the User Agreement which is caused by matters beyond our reasonable control. We shall not be liable for any errors or omissions in content or any loss or damage incurred as a result of using, accessing, or being denied access to any content on the platform. We also will not be responsible for any damage caused by viruses, malicious or impairing computer programs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the platform and/or Losume service, or your downloading of any material posted on it, or on any platform linked to it.
We do not guarantee the security of the online services or any systems connected with the use of the platform (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the platform or any systems used in accessing our services will be continuous or virus or error free.
Any material downloaded or otherwise obtained through the use of the platform is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the platform shall create any warranty not expressly stated in the User Agreement.
You shall indemnify and keep us, our holding company and subsidiaries (each as defined in the Companies Act 2014) and our and their respective officers, directors, shareholders, employees, agents, licensors and suppliers (each an “Indemnified Person”) indemnified on demand from and against all judgments, awards, penalties, settlements, fines, costs and expenses (including without limitation, reasonable legal and accounting fees) suffered or incurred by an Indemnified Person and arising out of or in connection with any of the following:
• any breach of the User Agreement;
29.2 Your access to or use of the platform, the content or the Losume service in a manner that infringes or is alleged to infringe any applicable law or the rights (including, without limitation, the privacy or intellectual property rights) of any other person.
30. Disclaimer of endorsement
Content on the platform referring to any products, process or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply its endorsement, recommendation or validation by us. We have not independently verified the accuracy of any description of any goods or services advertised on the platform. The views, opinions and other content posted by users on the platform are not ours, shall not be attributed to us by you and shall not be used by you for any advertising or product endorsement purposes unless we expressly authorise it. While we have trusted partners for whom we promote ancillary products and services as described above, we are not responsible or liable for the performance of those products and services or the quality thereof.
31. Links to the platform
You may link to the platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written permission or in order to directly compete with the platform and redirect traffic from it. You must not establish a link from any platform that is not owned by you.
We reserve the right to withdraw linking permission without notice. The platform (in whole or in part) must not be framed on any other platform or in any other way altered or displayed in a different manner to the manner which we display it.
32. Links from the platform
Where the platform contains links to other sites, media, documents or other files, or resources provided by users or advertisers using the platform or other third parties, these links are provided for your information only. We have no control over the contents of those platforms or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. you leave our platform and do so entirely at your own risk.
33. Contact from Us
In the course of providing you services and in respect of your use of the platform, we may need to communicate with you in order for the normal functioning of the platform, including emails which help inform users about functionality of the platform.
34. Privacy and Cookies Policies
Any external links to other platforms are clearly identifiable as such, and we are not responsible for the content or the privacy or cookie policies of these other platforms.
35. Governing law and jurisdiction
This User Agreement, and any non-contractual obligations related to it, are subject to Irish law, and the courts of Ireland will have the only authority to settle any disputes arising from or related to the User Agreement, except that we reserve the right to take legal action against you in your country of residence or any other court of competent jurisdiction.
36. Waiver, Rights Cumulative
If you do not use or delay in using a right or remedy given to you by the User Agreement or by law, it does not mean you have given up that right or remedy or any other rights or remedies. If you use one of the rights or remedies given to you by the User Agreement or by law, it does not stop you from using that right or remedy again or from using any other rights or remedies. The rights and remedies stated in the User Agreement are an addition to any other rights or remedies given to you by law.
If any part of this User Agreement is declared illegal, invalid, or unenforceable by the law of any jurisdiction, the legality, validity, and enforceability of the remainder of the agreement in that jurisdiction, as well as the legality, validity, and enforceability of the agreement in any other jurisdiction, will remain unaffected.
38. Assignment and entire agreement
39. Feedback and Submissions
You understand and agree that any feedback, questions, comments, suggestions, ideas, feedback and other information about the platform and/or the Losume service provided by you to us are non-confidential and may be used by us at our discretion.