1. About Us
1.1 We own and operate the website available at: www.microfinanceireland.ie (the “Site”), and provide the services on and through it.
1.2 Microfinance Ireland (“We” or “us”) is established under the Microenterprise Loan Fund Act 2012. We are registered in Ireland as a private company limited by shares, the members of which have limited liability with company number 516555. We are registered as a charity under company number CHY20447 and have our registered office at Earlsfort Centre, Earlsfort Terrace, Dublin 2. Our main trading address is 13 Richview Office Park, Clonskeagh Road, Dublin 14. We are not regulated by the Central Bank of Ireland.
2 These Terms
2.1 We provide and make available, and you use and access, the Site and services on or available through it subject to these Terms.
2.5 None of these Terms will be interpreted so as to deprive you of any rights you may have under applicable mandatory law.
3 Use of our Site
3.1 The Site and all content and services on or available through it are provided from Ireland for residents of the Republic of Ireland. We do not represent that information or content on or available through it is suitable for use or access from outside of the Republic of Ireland.
3.2 You can use the Site for your internal business purposes only.
3.3 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site or any content or service on or available through it without notice. We are not liable if for any reason the Site or any content or services on or available through it are unavailable at any time or for any period.
3.4 You are responsible for making all arrangements necessary for you to have access to the Site or, where applicable, to avail of the services via the Site.
3.5 While we may take precautions against security breaches, no website, application or Internet transmission is completely secure, and as such, you acknowledge that neither we nor third parties connected to us shall be liable for damages, costs or losses, that may result from interruption or interception of communications or unauthorized access or hacking, including loan applications or queries submitted through the Site or emailed to us. We cannot guarantee the privacy and security of communications made through the Internet.
4 Information Purposes Only
4.1 The content of, and content made available via, the Site is provided for information purposes only, is subject to change and will be updated from time to time without notice to you.
4.2 The information on this Site is for information purposes only and is not an offer of a loan from us – or any form of advice or recommendation. You should contact your professional advisor for advice.
4.3 Websites and applications may be tampered with by unauthorised persons and, accordingly, you should view the information provided as indicative only and subject to confirmation by us.
5.1 Loans referred to on our Site are subject to our Loan Terms and Conditions, important legal notices and warnings and restrictions, such as restrictions concerning the persons to whom they may be made available. You should read these carefully as they are important.
5.2 You may be able to submit loan applications through the Site or by email. You are solely responsible for your choice to do so and for following up on any loan application. All loan applications are made subject to our Loan Terms and Conditions and subject to contract and our acceptance. We may reject any loan application.
5.3 We may amend our Loan Terms and Conditions from time to time.
6 Intellectual Property
6.1 We are the owner or the licensee of all intellectual property rights in the Site and the Site’s content and the services provided, including the Site’s “look and feel” (collectively the “Content”). The Content is protected by copyright laws and other intellectual property laws (including laws related to trade marks, designs, database rights, sui generis rights and other proprietary rights). All such rights are reserved.
6.2 You have the right to download the loan application and guidance published on the Site for the purpose of a loan application, or considering whether to apply for a loan. You cannot download or use them for any other purpose or modify them.
6.3 You may not make alterations, copies, extractions, modifications, or additions to the Content, or sell, copy, distribute, disseminate or licence it, or misuse the Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use the Content, you must contact us in advance for written permission except if otherwise expressly provided in these Terms. This is without prejudice to any rights you may have under applicable mandatory law.
6.4 If you breach any of clauses 6.1, 6.2 or 6.3 your right to use our Site and the online services ceases immediately.
7 Third Party Websites
7.1 You may link to other websites from our Site. The linked websites are not under our control and we are not responsible or liable for the content or actions of any linked site or any link contained in a linked site, or any changes or updates to such websites.
8 Improper use of our Site
8.1 You may not use the Site in any manner that could damage, disable, overburden, or impair it, its servers, or the network(s) connected to the server, or interfere with any other party’s use and enjoyment of the Site and services on or available through it.
8.2 You must not knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.3 You may not attempt to gain unauthorized access to any services, parts of the Site, other accounts, communications, computer systems or networks connected to any server through hacking, password mining or any other means.
8.4 You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you.
8.5 Illegal and/or unauthorized use of the Site or of the services on or available through it will be investigated and appropriate legal action may be taken.
9 Data Protection and Cookies
10.1 Use of the Site is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use of, viewing, access to, relying on, installing, or downloading from or uploading to or through, the Site and/or Content. We are not responsible for your use of the Site or the content of the Site.
10.2 You agree that we are not liable for loss or damages arising out of your use, or your inability to use, the Site or any services accessible through it. The Site and Content on or accessible through it is provided on an “as is” basis and we make no undertaking, representation or warranty:
(i) regarding the completeness or accuracy, reliability or timeliness of any of the Site or Content;
(ii) that the Site, its server or the Content is free from defects, errors, viruses, bugs or other harmful elements;
(iii) in relation to availability and/or uninterrupted use of the Site or Content.
We expressly exclude all warranties, representations, terms, conditions and undertakings (whether express or implied) by statute, common law, equity, custom or otherwise) that are not expressly set out in these Terms. This includes those implied under sections 13-15 (inclusive) of the Sale of Goods and Supply of Services Act 1893 and Section 39 of the Sale of Goods and Supply of Services Act 1980.
10.3 We are not liable to you for (i) any loss of income, business, revenue or profits; (ii) any loss or corruption of data; (iii) any corruption or damage to equipment device, hardware or software; (iv) any decision made in reliance on the Site or Content; (v) interception of any communications or loan applications; (vi) any loss or damage which was not foreseeable to both you and/or us; (vii) any loss of business opportunity, goodwill or reputation; or (viii) any indirect or consequential loss or damage.
10.4 If we have any liability to you, it is in all cases limited in aggregate to one hundred euro (€100) only.
10.5 You are liable to us for any loss, damage or harm suffered or incurred by us as a result of your breach of these Terms.
11 Links to our Site
11.1 We may restrict you from linking to the Site if we consider that a link is prejudicial to our interests.
12 Events Beyond our Control
12.1 We are not in breach of these Terms or liable to you if there is any total or partial failure of performance of any of our duties and obligations resulting from any act or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in the transmission of communications, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our reasonable control.
13.1 You must send any formal notice under these Terms to us by sending it in writing to our postal address, namely:
13 Richview Office Park, Clonskeagh Road, Dublin 14.
14.1 If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of these Terms (including the remainder of a provision where only part of it is or has become illegal, invalid or unenforceable).
15.1 The exercise by us of any of our rights under these Terms is without prejudice to any of our other rights and remedies in these Terms or under law. The provisions of these Terms may only be waived in writing by express reference to the provision in question. No delay, neglect or forbearance on our part in enforcing any provision of these Terms is a waiver, or in any way prejudices any right of us under these Terms. A waiver by us of any breach of any of the provisions of these Terms does not constitute a general waiver of such provision or of any subsequent act contrary to it.
16.1 These Terms are personal to you and may not be transferred or assigned to anyone else.
16.2 We may assign, transfer or otherwise dispose of all or any of our rights or obligations under these Terms, in whole or in part, by prior notice to you.
17 Entire Agreement
18 Governing Law
19 Definitions and Interpretation
19.1 The masculine gender includes the feminine and neuter and the singular number include the plural and vice versa and words importing persons include firms or companies. The section headings to the provisions are inserted for convenience of reference only and are not a part of, and do not or affect the construction or interpretation of, the Terms.