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EPH Controls Website Terms and Conditions

  1. About our terms
    1. These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between EPH Controls Limited operating the Site situated at www.ephcontrols.com (we, us or our) and you, the person accessing or using the Site (you or your).
    2. You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
    3. These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for information purposes only.
    4. If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
  2. About us
    1. We are EPH CONTROLS LIMITED a company registered in Ireland (under company registration number: 261542) whose office is located at South Link Road, Cork City, T12 F753, Ireland. Our VAT registration number is IE8261542Q.
    2. If you have any questions about the Site, please contact us by:
      1. sending an email to webshop@ephcontrols.com, or
      2. calling us on 00353 21 434 6238 (our telephone lines are open Monday to Friday, 9am to 5pm.
  3. Using the site
    1. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
    2. We make no promise that the Site is appropriate or available for use in locations outside of The Republic of Ireland. If you choose to access the Site from locations outside The Republic of Ireland, then you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
    3. As a condition of your use of the Site, you agree not to:
      1. misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
      2. attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
    4. We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
  4. Registration and password security
    1. Use of the Site may require registration and you are responsible for making sure that your password and any other account details are kept secure and confidential.
    2. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
    3. We are not obliged to permit anyone to register with the Site and (acting reasonably) we may refuse, terminate or suspend registration to anyone at any time.
    4. Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at https://www.ephcontrols.com/cookie-and-privacy-policy
  5. Infringing content
    1. We will use reasonable efforts to:
      1. delete accounts which are being used in breach of these Terms; and
      2. identify and remove any content that is unlawful, inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of these Terms.
    2. If you believe that any content which is distributed or published by the Site is unlawful, inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at Clause 2 above.
  6. Your privacy and personal informationYour privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy noted above. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
  7. Ownership, use and intellectual property rights
    1. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
    2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
    3. Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
    4. Trade marks: All identifying marks used on the Site are our trademarks, and use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
    5. Unless you have our prior written consent, you are expressly prohibited from:
      1. using any automated process, software, or script to extract, scrape, crawl or collect data or content from this Site (Site Content ) in any manner, including but not limited to the use of web crawlers, bots, or spiders;
      2. aggregating, collecting, or compiling Site Content for commercial or non-commercial purposes. This includes, but is not limited to, the use of Site Content to create databases, directories, or other aggregated content; and
      3. using any artificial intelligence (AI) tools, machine learning algorithms, or other automated technologies to analyse, process, or generate content based on or through the use of Site Content. This includes, but is not limited to, using the Site Content to (i) train AI models (ii) for any form of automated content generation and (iii) as input to an AI system, as a prompt, request, question, instruction or similar.
    6. By accessing and using this Site, you agree to comply with these restrictions. Any attempt to bypass these restrictions may result in legal action and/or termination of access to the Site.
  8. Submitting information to the site
    1. While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
    2. Other than personal information, which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted basis as we see fit.
  9. Accuracy of information and availability of the site
    1. We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
    2. We may (acting reasonably) suspend or terminate access or operation of the Site at any time as we see fit.
    3. Any 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, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
    4. While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
  10. Hyperlinks and third party sitesThe Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
  11. Our Responsibility and Liability to you
    1. If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By “foreseeable” we mean that, at the time these Terms were entered into, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur as a result of something we did (or failed to do).
    2. To the fullest extent permitted under Irish law, we shall not be liable to you or to any person claiming through you for any loss or damages of any nature suffered, including but not limited to loss of business revenues or anticipated savings, loss of profits, goodwill, or any type of financial, indirect, consequential, special or similar loss or damage howsoever arising, whether in contract, tort or otherwise, arising as a result of use of or inability to use this Site, including without limitation as a result of:
      1. any inaccuracy, incompleteness, delay, interruption, error or omission in the delivery of any contents of this Site;
      2. any decision made or action taken in reliance on any contents of this Site;
      3. the loss of use, data or profits arising out of or in connection with the access, use, performance or functionality of this Site or any of its contents; and/or
      4. internet communications in connection with the use of this Site, any file or program available for download or execution from or via this Site, and any content or websites linked from this Site.
    3. Nothing in these Terms excludes or limits our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any liability arising under the Liability for Defective Products Act 1991; or
      4. any other liability that cannot be excluded or limited under Irish law, including any rights you may have under the Consumer Rights Act 2022.
  12. Events beyond our controlWe are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
  13. Variation
    1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 13.
    2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and reasonable prior notice will be provided to you of the same, and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
  14. Complaints and Laws
    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out under clause 2 above.
    2. If we are unable to resolve a dispute with you through our complaints process under Clause 14.1, you may wish to use Alternative Dispute Resolution (ADR). ADR is a process where an independent third party considers the facts of a dispute and seeks to resolve it without the matter proceeding to court.
    3. We are not obliged to submit to any ADR process. However, if you are a consumer, you may refer your complaint to an ADR entity approved under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. 343/2015). Details of approved ADR entities in Ireland are available from the Competition and Consumer Protection Commission (CCPC) at www.ccpc.ie
    4. In addition, the European Commission provides an online dispute resolution (ODR) platform which is available at https://ec.europa.eu/consumers/odr  The ODR platform may be used to submit complaints and to identify ADR entities approved to deal with cross-border consumer disputes within the European Union.
    5. Nothing in this Clause 14 affects your right to bring proceedings before the courts of Ireland or, if you are a consumer habitually resident in another EU Member State, the courts of that Member State.
    6. The laws of The Republic of Ireland apply to these Terms, and any disputes will be subject to the non-exclusive jurisdiction of the Irish Courts.
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