Terms and Conditions

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.nifed.co.uk (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site AND/OR You will be required to read and accept these Terms and Conditions when signing up for an Account.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us
   • Our Site, www.nifed.co.uk, is operated by NiFed of 12 Enterprise House, Enterprise Crescent, Ballinderry Road, Lisburn, BT28 2BP.
   • We are regulated by the Information Commissioners Office.
   • We are a registrant on the Data Protection Public Register.
   • Our registration number is ZA172833.

3. Access to Our Site
   • Access to some areas of Our Site free of charge.
   • Access to some areas Our Site is by paid subscription.
   • Our site will endeavour to display differences in access rights and services accessible to both free subscribers and fee-paying subscribers.
   • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
   • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts
   • Certain parts of Our Site require a free Account to be created by a User in order to gain access.to that part.
   • Certain parts of Our Site require a fee based subscription Account in order to access to that part.
   • The Overview section within the “My Account” section of Our site clearly states the various Free & Subscription sections within Our site.
   • You may not create an Account if you are under 18 years of age.
   • When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
   • We recommend that you choose a strong password for your Account, consisting of a combination of upper and lowercase letters and numbers. It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact Us immediately at admin@nifed.co.uk.  We will not be liable for any unauthorised use of your Account.
   • You must not use anyone else’s Account without the express permission of the User to whom the Account belongs
   • Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the Data Protection Act 1998, and as set out in our Data Protection Policy.
   • If you create an Account, you are acknowledging that Our sites main and primary objective is to facilitate marketing between its Users AND therefore grant permission to receive marketing/promotional/offer and materials by email AND/OR telephone from Us or Other Users or Account holders from within Our site as stated in clause 16. You may withdraw your consent to be contacted by such by emailing optout@nifed.co.uk or optout@irshtrade.ie and by clearly stating your wish to be excluded.
   • If you wish to close your Account, you may do so at any time. Closing your Account may or may not result in the removal of your information unless instruction to specifically remove your information is specifically received from you via email.
   • Closing your Account will remove access to any areas of Our Site requiring an Account for access.
   • If you close and delete your Account, any Ad(s) you have posted to Our Site may also be deleted.

5. Intellectual Property Rights and Our Site
   • With the exception of the content of Ads, all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including that in Ads) is protected by applicable United Kingdom and international intellectual property laws and treaties.
   • Subject to the licence granted to Us under sub-Clause 6.4, Advertisers retain the ownership of copyright and other intellectual property rights subsisting in their Ads (unless any part of an Ad is owned by a third party who has given their express permission for their material to be used in the Ad).
   • You may:
     • Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
     • Download Our Site (or any part of it) for caching;
     • Print one copy of any page that your subscription level grants access to, from Our Site;
     • Download, copy, clip, print, or otherwise save extracts from pages on Our Site; and
     • Save pages from Our Site for later and/or offline viewing.
   • You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
   • Subject to sub-Clauses 5.3 and 5.7 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please contact Us at admin@nifed.co.uk.
   • Our status as the owner and author of the Content on Our Site (or that of identified licensors or Advertisers, as appropriate) must always be acknowledged.
   • Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. Ads
   • An Account is required if you wish to post an Ad. Please refer to Clause 4 for more information.
   • You agree that you will be solely responsible for your Ad(s). We accept no responsibility for the content of Ads.  Specifically, you agree, represent and warrant that you have the right to submit the Ad(s), that all information in the Ad(s) is accurate and truthful, that all such information will be kept accurate and up-to-date, and that all such Ad(s) will comply with Our Acceptable Usage Policy, detailed below in Clause 7.
   • You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
   • You (or your licensors, as appropriate) retain ownership of the content of your Ad(s) and all intellectual property rights subsisting therein. By submitting an Ad, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Ad for the purposes of operating and promoting Our Site.
   • If you create an Ad, you are acknowledging AND/OR granting permission to receive marketing/promotional/offer materials by email AND/OR telephone from Us or Other third-party users from Our site. You may withdraw your consent to be contacted by such by emailing optout@nifed.co.uk or optout@irshtrade.ie and by clearly stating your wish to be excluded.
   • If you wish to remove an Ad, you may do so by contacting us by email at admin@nifed.co.uk, clearly stating your intention and wish for your ad to be removed. We will use reasonable efforts to remove the Ad in question from Our Site. Please note, however, that caching or references to your Ad may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
   • We may reject, reclassify, edit, or remove any Ad from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Ad in question should be removed as a result.

7. Acceptable Usage Policy
   • You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 7. Specifically:
     • you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
     • you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
     • you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
     • you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
   • When posting an Ad (or communicating in any other way using Our Site), you must not post, communicate or otherwise do anything that:
     • is sexually explicit;
     • is obscene, deliberately offensive, hateful, or otherwise inflammatory;
     • promotes violence;
     • promotes, assists in, or constitutes any form of unlawful activity;
     • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
     • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
     • is calculated or otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the subject matter of the Ad or any other Ad or Advertiser on Our Site);
     • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
     • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
     • implies any form of affiliation with Us where none exists;
     • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
     • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

• We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
  • suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
  • remove any Ad posted by you which violates this Acceptable Usage Policy;
  • issue you with a written warning;
  • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • take further legal action against you as appropriate;
  • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  • any other actions which We deem reasonably appropriate (and lawful).
• We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

8. Links to Our Site
   • You may link to Our Site provided that:
     • you do so in a fair and legal manner;
     • you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
     • you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
     • you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

• You may not link to any page other than the homepage of Our Site, except for one link per Ad that is permissible ONLY if the said link directs to your own Company website. Deep-linking to other pages requires Our express written permission.
• Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at admin@nifed.co.uk for further information.
• You may not link to Our Site from any other site the content of which contains material that:
  • is sexually explicit;
  • is obscene, deliberately offensive, hateful or otherwise inflammatory;
  • promotes violence;
  • promotes or assists in any form of unlawful activity;
  • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
  • is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • is calculated or is otherwise likely to deceive;
  • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
  • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.4);
  • implies any form of affiliation with Us where none exists;
  • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
  • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
• The content restrictions in sub-Clause 8.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 8.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

9. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

10. Advertising
    • We may feature Third Party Advertising (in addition to Ads) on Our Site and We reserve the right to display Third Party Advertising on the same page as any Ad.
    • You agree that you will not attempt to remove or hide any Third-Party Advertising using HTML/CSS or by any other method.
    • We are not responsible for the content of any Third-Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising material. We will not be responsible for any Third-Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

11. Disclaimers and Legal Rights
    • Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.  In Particular, We make no representation or warranty that any part of Our Site (including Ads) is suitable for use in business or that any part of it constitutes accurate data and/or advice on which business decisions can be based.
    • Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    • If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us (that is not Content uploaded by an Advertiser) damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    • We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.
    • We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Ads. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.  We have no control over, nor any involvement in, any Ads, and We accept no responsibility for any actions taken, or for any products or services advertised in, any Ad.

12. Our Liability
    • To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is an Ad) included on Our Site.
    • To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Ads) included on Our Site.
    • If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • If you are a business, subject to sub-Clause 12.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either £100 or 50% of the total sums paid by you under the contract in question, whichever is the greater sum.
    • We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 11.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    • Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

13. Viruses, Malware and Security
    • We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all Content uploaded by Advertisers for viruses and malware as it is uploaded. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 12.4.
    • You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    • You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    • You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    • By breaching the provisions of sub-Clauses 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

14. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies as stated within Our site,These policies are incorporated into these Terms and Conditions by this reference.

15. Data Protection
    • All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
    • We may use your personal information to:
      • Provide and administer your Account;
      • Host your Ad(s);
      • Reply to any communications you send to Us;
      • Send you important notices, as detailed in Clause 16;
      • Send you Offers/Marketing materials and Promotions from other members of Our site, as detailed in clause 16.

16. Communications from Us
    • If you have an Account or Ad on Our Site, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
    • We may, from time to time, send you marketing information and offers from our “Closed group” of Site Users. We will endeavour to vet all marketing materials forwarded to you to ensure, as best as possible, that the material is relevant to your business AND/OR business sector.   
    • Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 30 business days for your new preferences to take effect.
    • For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at admin@nifed.co.uk.

17. Changes to these Terms and Conditions
    • We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    • In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

18. Contacting Us

To contact Us, please email Us at admin@nifed.co.uk or using any of the methods provided on Our contact page at http://www.nifed.co.uk/contact.php.

19. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of Northern Ireland.
    • If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Northern Ireland.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Northern Ireland