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Terms of use

1. Definitions

Agent” means any person primarily in the business of selling or letting residential or commercial properties or land on behalf of multiple unrelated third parties.

Account” means the set of information required by PowerTiz Limited allowing a single User to access restricted sections of the Website by which the access to the Service is made;

Brand” means the PowerTiz Limited brand and all representations of the PowerTiz Limited trademarks including logos, devices, domain names and other intellectual property rights owned or used by PowerTiz Limited from time to time;

Business Day” means a day other than a Saturday, Sunday or public holiday in Ireland;

Charges” means the charges payable by You for the Services or Tools access, in accordance with these terms and conditions;

Conditions” means these general membership terms and conditions as amended from time to time in accordance with chapter 2;

Contract” or ”Agreement” means the contract between PowerTiz Limited and You for the supply of Services or access the available Tools, in accordance with these rules;

Content” has the following definition representing:

  • all information/services/tools on the Website that can be visited, viewed or otherwise accessed by using a numerical equipment;
  • the content of any email sent to Users or Member by PowerTiz Limited by electronic and / or any other means of communication available;
  • any information communicated by any means by an employee of PowerTiz Limited or User/Member, according to the contact information specified or not by such user or customer;
  • information regarding the products, services and / or tariffs charged by PowerTiz Limited if the case, in a particular period information regarding the products, services and / or tariffs charged by PowerTiz Limited if the case, in a particular period;
  • information regarding the products, services and / or tariffs charged by a third party with which PowerTiz Limited has signed partnership agreements, in a particular period;
  • data related to PowerTiz Limited, or other privileged data of it.

Developer” or “Real Estate Developer” means any person primarily in the business of building or renovating residential or commercial properties.

Feature” means a certain service offered with PowerTiz such as calendars, CRM, etc.

"Force Majeure Event" means an event beyond the reasonable control of the party affected by it.

Group” means in relation to a company, that company, any subsidiary or holding company from time to time of that company and any subsidiary from time to time of a holding company of that company.

"Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Materials” - Any Content existing on the Website, weather is posted by us or by any User/Member.

Mobile Platform” means the PowerTiz’s users facing software applications for use with mobile devices.

Newsletter/Alert” means the exclusively electronic means of periodic information, namely electronic mail (email, SMS), on tools, services and/or promotions run by PowerTiz Limited in a particular period.

Notice Period” means at least 30 days’ prior written notice which must expire on the last Business Day in a calendar month.

Platforms” means the Website, Application and Mobile Platform and any other technological platforms or innovations used or operated by us to deliver PowerTiz Services and Tools, either now or in the future.

PowerTiz” means PowerTiz Limited, as the Website www.powertiz.com, or the registered company with headquarters on the 5 The Grain Store, Distillery Lofts, Distillery Road, Drumcondra, Dublin 3, Republic of Ireland. PowerTiz is the company operating RealTiz.

RealTiz” means the Service and the Tools we are offering to real estate professionals.

Price Schedule” means the schedule in which the Charges for the Services are specified as amended in accordance with these Conditions.

Professional Service” means a service related directly or indirectly to the real estate market or the property market; we reserve all right to define what is a professional service and how we render such Services to You.

Property Owner” means a person that either instructed a real estate professional to market a property for sale or to let his, whether it is residential or commercial, or a person who advertises a property by himself.

Relevant Legislation or Codes>” means all applicable legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Union) and any codes or regulations which applies in the provision of the Services by us or the services provided by You to Your Clients.

Services” means the online service provided by PowerTiz Limited exclusively to its clients and which may include any, or a combination, of the following:

  • A process facilitating the upload by the Member of property details (including images) to the Website(s);
  • Displaying the Member's properties on the Website(s);
  • Providing the Member with a listing within the agent directory on the Website(s);
  • The provision of advertising services to the Member;
  • The provision of reports and access to reporting tools to the Member;
  • Any other services provided by PowerTiz Limited from time to time;

Tools” means Website functions implemented to help real estate professionals manage real estate accounts and information. The tools are available on a subscription basis by paying a fee.

Transaction” means collection or repayment of an amount resulted from the sale of a product / service provision by PowerTiz to the customer, including using the card processor services agreed by PowerTiz Limited, regardless of the delivery method chosen.

User” means any individual that uses the Platforms or obtains access to the Content through any means of communication (electronic, telephone, etc.). Users can be registered or not on the website by creating an account with PowerTiz. Users can be Individuals (natural persons), property owners, sellers, landlords or flatmates.

User Data” means all personal data and other information relating to Users and provided by or derived from Users whilst using the Platforms and/or Telephone Services.

Virus” means any device, including any software, code, file or programme, which may: (i) prevent, impair or otherwise adversely affect the operation of the Website, the PowerTiz Limited platforms, or any software, hardware or network, any telecommunications service, equipment or network or any other service or device; (ii) prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by rearranging, altering or erasing the programme or data in whole or part or otherwise); or (iii) adversely affect the User experience, including worms, Trojan horses, viruses and other similar things or devices.

Website” means the website located at www.powertiz.com or such other URL as PowerTiz Limited may nominate from time to time, and all powertiz.ie, powertiz.com, realtiz.com domains and their subdomains, including but not limited to the publicly available site and subdomain blog.powertiz.ie/com, ie.powertiz.com, etc.

You” or “Your” means you as a user of the service.

Your Data” means all personal data, property information, property values, photographs, images, property plans and any other information provided by You (or by a third party on Your behalf) to PowerTiz Limited and which may include data about Your Client.

In these documents, a “person” includes a natural person. A reference to the singular shall include the plural and vice versa. A reference to a party includes its successors or permitted assigns. A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. Any phrase introduced by the terms “including” “include” or “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. A reference to “writing” or “written” includes emails.

2. General

PowerTiz Limited is a company registered in the Republic of Ireland, having the registration number 541537, VAT number is 3334164AH and headquarters on the 5 the Grain Store, Distillery Lofts, Distillery Road, Drumcondra, Dublin 3, Republic of Ireland. PowerTiz Limited owns and controls the RealTiz Website (www.realtiz.com).

PowerTiz Limited is an information society service provider as defined in the eCommerce Directive 2000/31/EC and transposed into Irish law by the European Communities (Directive 2000/31/EC) Regulations, 2003 (S.I. 68 of 2003) and is not under any obligations to monitor the information which it transmits or stores. By using the PowerTiz Website and its services, You agree to comply with and be bound by the following Terms of use.

These Terms of use (“Terms”) constitute a contract (“Contract” or “Agreement”) between:

  • the user (“You” or “Your” or “User(s)”) as an individual (“Individual(s)”), as a landlord (“Landlord(s)”), as a real estate agent (“Agent(s)” or “Real Estate Agent(s)” or “ Estate Agent(s)”), as a property developer (“Developer(s)”), as any other type of real estate professional (“Real Estate Professional(s)”) such as auctioneer, property manager, etc., or as any type of end-users, individual or professional, whether accessing the service and the site as a free user or in connection with a paid subscription to the service or a free trial of the service,
  • and PowerTiz Limited (“We” or “Us”, or “Our”) and govern use of and access to PowerTiz Limited website(s) and its services (“Site(s)” or “Website(s)” or “Service(s)”) by You. PowerTiz is a service provided by PowerTiz Limited.

Please read carefully these Terms of use before using our Site(s) or before accessing it (them), whether it is by direct access (www.powertiz.com), by any redirecting link, via our Facebook page, Twitter page, Instagram page, LinkedIn page, email, mobile or tablet application (“Application”) or any other platform (“Platform”) we may be using. Using our service constitutes Your acceptance of those Terms of use and You agree to be bound by these Terms.

If You are entering into these Terms on behalf of a company, organisation or another legal entity (“Entity”), You are agreeing to these Terms for that Entity and representing to PowerTiz Limited, that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “Subscriber,” “You,” “Your” or related terms herein shall refer to such Entity and its affiliates.

These Terms of use are deemed to include our Privacy policy, Cookie policy, and Rules for advertisers and are collectively known as the "Terms".

We reserve the right to change without prior notice any part or all our Terms, for using our websites at any time by publishing the new Terms on our website. Significant changes will additionally be communicated in adequate manner. Please ensure that you review the Terms of use regularly since by using our Website you will be deemed to have accepted the Terms of Use in the version published on our Website at the time of your respective visit.

3. Introduction

PowerTiz.com (PowerTiz) is a real estate online portal for advertising residential and commercial properties around the world, whether it is for sale, for rent or for share.

Powertiz.com, and all associated subdomains (ie.powertiz.com, fr.powertiz.com, etc.) are operated and controlled by PowerTiz Limited.

Property listings are referred to as “Listings”.

By using this website and its services, You agree to comply with and be bound by the following terms of use.

We are not an estate agency. The details of the listings available on this site are provided to us by third party estate agents, landlords, individuals or developers for Your information only. We do not verify the listing details provided to us and therefore make no warranties or representations as to their accuracy or completeness. If You rely on these details, You do so at Your own risk. We recommend that You check all property details with the advertising estate agent, landlord, property owner or developer before making any decisions or taking any action in regard to a property advertised on our Site.

4. Restrictions on use of our websites and services

By using our websites and services:

  • You agree not to use our website and services in breach of any Terms on our website;
  • You agree to fully accept these Terms before using our website and services;
  • You agree not to use our websites or any content from our websites in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
  • You agree to comply with all applicable local laws of the country or territory where You access the website and You agree not to publish any material or content that may encourage a breach of any applicable laws or regulations;
  • You agree not to use our website and services, including the profile section, in any manner that is illegal, immoral or harmful to us or to a third party whether it is a natural person, corporate or unincorporated body (having or not a separate legal personality);
  • You agree not to transmit any material, device, software, programme or process designed to modify, interrupt, damage, destroy, interfere or limit the access and the functionality of our websites or services;
  • You agree not to use any automated software to view, use and access the services without our consent and to only access our services manually;
  • You, as an Individual or as a Landlord, agree not to use the services other than for Your own personal and non-commercial use or not make contact with any advertisers on the website or on any of our platforms, whether the advertisers are professional or individual, for any purpose other than to enquire and / or answer about an advertisement of a service provider, about a property advertisement or about a profile advertised; as an Agent, as a Real Estate Professional or as a Developer;
  • You agree not to use the services other than for listing / advertising properties for sale, for share, for rent, by accessing professional services or answering enquiries from users;
  • You agree not to use any material, device, software, programme or process designed to access, index, retrieve or scrape, copy our data or reverse engineer our websites, tools, processes or any content on and from our websites for constructing or populating a searchable database of properties, for building a database of property information, for building a database of people (professionals or individuals) or for competing with us in any manner that we have not specifically authorised;
  • You agree not to post, list, upload, transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • You agree not to remove or alter any intellectual property rights or notices that appear on our website including copyright, trademarks, trade secret, privacy right, or any other intellectual property or proprietary right;
  • You agree not to interfere with any other user's enjoyment of our website or the Services;
  • You agree not to transmit materials protected by copyright without the permission of the owner(s);
  • You agree not to conduct Yourself in an offensive or abusive manner;
  • You agree not to transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
  • You agree not to pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
  • You agree that we cannot be held responsible for any Materials (“Materials”) that may be illegal or prohibited in other territories than the Republic of Ireland;
  • You agree that all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with our company;
  • You agree that we reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers or reporting Your conduct to any person or entity;
  • You understand that we cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties;
  • You understand that prices and converted prices on the websites are only informative; Converted prices may vary due the pure nature of the currency markets. PowerTiz Limited cannot be held responsible for inaccurate prices, whether converted or not and for price changes;
  • You understand that surfaces and measures are only informative; we convert units to several formats as a service and cannot guarantee or be held responsible for the accuracy of the conversion;
  • You understand that all locations and maps available on our websites are only informative only and their only purpose is to give a general idea of the said locations;
  • You understand that the list of maps and locations on our websites is not exhaustive and that some places may be missing;
  • You understand that the name of the locations or places may be misspelt, may vary depending on the source and may not reflect the official administration division / naming system of the country / state / territory; PowerTiz Limited cannot be held responsible for a misspelt or inaccurate location name, as the content existing on the website related to the real estate properties listed, is not inserted or subject to prior approval of PowerTiz Limited.
5. Availability and faults

Our Website will not always be available and may have some faults. It is provided on an “as is,” and “as available” basis and, to the extent permitted by law, made without guarantees, conditions or warranties of any kind.

We are under no obligation to update any information contained on our Website, unless otherwise provided by applicable law. We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, our Website and/or the information, materials, products and/or services available through it.

6. Ownership, Trademarks, Copyright and Software

You acknowledge and agree that the services and all materials and content on our website, including but not limited to design content such as texts, copy, search results, images, graphics, structure, layouts and the underlying software code, graphics, images, trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, innovations, inventions whether or not capable of protection by patent or registration, software and any other material are protected by copyright pursuant to Irish and European Union copyright laws and international conventions. The owner of the copyrights and trademarks are PowerTiz Limited, its affiliates and other third party licensors are the property of PowerTiz Limited.

Our logos, our trademarks and/or our service marks may not be copied or reproduced without our prior written consent. All rights are reserved.

We reserve the right, in our sole discretion and without notice to You, to terminate Your licence to use our Services and to prevent future access by You to our website, should you breach any of the provisions set out in section 3 above.

You are allowed to print a single copy of the material on our website solely for Your personal, non-commercial usage. You must receive our prior consent before printing or downloading any additional copies. However, You must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from PowerTiz.com or any related platform without our prior written consent.

Your posting on our Website does not constitute a waiver from us of any right in or relating to our Website. Except as expressly granted herein, You do not acquire any rights, title or interest in or relating to our Website.

All software used on this Website is the property of PowerTiz Limited and/or any of its affiliates unless open source software has been used. All the content, compilation and software are protected by applicable copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this Website is not permitted without obtaining prior written consent from PowerTiz Limited.

7. Registration and security

You must be over eighteen years of age to register on our website and must ensure that the details provided by You on registration are true, accurate, current and complete. Also, unless stated otherwise and with our consent, You are allowed to create only one account on our Website . If You create or use an account for anyone other than Yourself, You must ask and have the permission of that other person or entity. You are not allowed to use accounts of any other registered customers or to provide third parties with a possibility to use your account. You are not allowed to maliciously create additional registration accounts for abusing the functionality of our Website or other users or to seek to pass yourself off as another user.

If we determine that You have multiple registrations and customer accounts with us, we are entitled to cancel all or some of the registrations or accounts without prior notice at our own discretion. If, for any reason, we believe that You have not complied with our Terms of Use, we will notify You to remedy such non-compliance. If you do not remediate to meet our requirements, we will restrict your access by disabling Your user identification details, password and/or other security information and otherwise cancel your access.

It is Your responsibility to update and inform us of any changes to the details provided on registration. Although certain parts of our website may be used by anyone who visits without requiring registration, some of the Services require You to register in order to enable us to verify Your identity.

By registering with the service, You agree that we can send You emails about Your account, other PowerTiz Limited services and occasional third party offers. You can manage Your communication preferences or unsubscribe from communications at any time via the proper backend section of the website.

When registering, You will be asked to create a password and will be responsible for maintaining the confidentiality of Your password and restricting access to Your computer, as You will be accountable for any activities conducted under Your password. If You believe that someone has accessed Your account without authorisation, please contact us immediately. You can modify / update Your personal details, password, profile photo, description, or content related to Your advertisement, at any time by logging into PowerTiz and accessing Your settings.

Your password is personal and should not be shared, emailed, displayed to/with anyone. We cannot be held responsible 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. It is Your sole responsibility to keep Your password or account secure.

We reserve the right to log off, deactivate or delete accounts that are inactive for an extended period of time.

You may change Your password or profile by following instructions on the site.

PowerTiz Limited 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.

PowerTiz Limited may at his absolute discretion refuse You access to the site or suspend/terminate Your account without prior notice for any reason and You shall not be entitled to any compensation in respect of this. If we disable Your account You will not be entitled to create another account without our permission.

Unless You advertise a listing, we recommend You not to post Your name, address, telephone number, email address or anything else that may lead someone to identify You if this is something You are uncomfortable with. Please note that certain information which You may choose to provide might reveal Your gender, ethnic origin, nationality, religion and / or sexual orientation.

8. No endorsement

Any references in the Site, Application or Services to a user or a member (“Member”) being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by PowerTiz Limited about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for You to evaluate when You make Your own decisions about the identity and suitability of others whom You contact or interact with via the Site, Application and Services. We therefore recommend that You always exercise due diligence and care when deciding to buy, to rent, to share a property, to hire a business for a professional service or to have any other interaction with any other Member.

PowerTiz Limited does not endorse any User, Member or any Listing and we have no obligation to verify their identity or any or material provided by them. You understand that Users, whether verified or not are required by these Terms to provide accurate information, and although PowerTiz Limited may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, orendorse any User, Member, Listing or the Member's purported identity or background. You also understand that any 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.

As with any web-based interaction, we suggest that You use caution and good judgement. If there is a dispute between You and any third party (including any advertiser), we are under no obligation to become involved.

9. Responsibilities and content

The Service allows You and other third parties to retrieve, process and / or access information using the Service available, including media, text, audio and video recordings, photos, graphics, commentary or any other content and to host and / or share such Content.

You are the owner of Your Content and are solely responsible for Your conduct and the content of Your Material, as well as any of the content contained in Your communications with other users of the Service, and You are solely responsible for the consequences of accessing, retrieving or making available such Content.

You are solely responsible for maintaining and protecting all data and information that You access, retrieve or make available, or that is otherwise processed, through the Service. In connection with Content, You affirm, represent and warrant that:

You understand that PowerTiz limited does not guarantee any confidentiality with respect to any content, nor approves, endorses, supports, sanction or encourages any such content, comments or material and takes no obligation to investigate, monitor or check any of it for accuracy, completeness or conformance with applicable laws. RealTiz (or PowerTiz limited) accepts no responsibility or liability for such content, comments or material, except as provided by mandatory applicable law.

You are responsible for reading, agreeing and accepting all the Terms relevant to You or to Your situation.

You are responsible for implementing sufficient procedures and checkpoints to satisfy Your requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

You are responsible for instructing a surveyor and obtaining legal advice before committing to any purchase.

You are responsible for ensuring that You act in good faith towards any other parties.

If You post content to or comments on, or otherwise submit material for publication in any area of our Website, including photographs:

  • You grant us a non-exclusive, perpetual (or, if a perpetual licence is not permitted by applicable law, a licence for the maximum term permitted by applicable law), royalty-free, worldwide licence to use, reproduce, publish, republish, transmit and disseminate (and to grant sub-licences to use, reproduce, publish, republish, transmit and disseminate) such content, comments or material in any format (including print and electronic) for the purpose of operating our Website, to promote us, our Website and our products and services;
  • You will ensure that no such content, comments or material is unlawful, threatening, defamatory, obscene, pornographic or profane or could constitute or encourage conduct that would be considered a criminal offence or breach of law and you must not post any material which is deliberately intended to upset other users;
  • You will not be paid for any of the content, comments or material posted or submitted for publication;
  • You will ensure that such content, comments or material is your own original work and/or that you own the copyright and any other relevant rights or have received such rights;
  • if the material is a photograph or graphic material you must have taken the photograph(s) or created the graphic material Yourself or you must have the permission of or otherwise be authorised by the owner of the photograph(s) and/or graphic material and you must have obtained the consent of all individuals featured in it where such individuals can be clearly identified; and
  • we may publish Your name alongside any photograph(s) or graphic material submitted by you but we may edit or delete any comments which You submit with them.

We reserve the right to refuse, suspend, terminate or otherwise remove the publication of such content, comments or material including photographs or graphic material posted or submitted by you; such right shall not be interpreted as our approval of or responsibility for such content, comments or other material whether we do or do not make use of such right. We further reserve the right to make additions or deletions to the text or graphics (including editing any photograph(s) or graphic material), for promoting us, our Website and our products and services or for the purpose of protecting the interests of us, our affiliates, employees, business partners, users or other third parties; if we make such additions or deletions, we are responsible for such additions or deletions and for the text or graphic in the form changed by us.

You agree to indemnify us against any third-party liabilities, claims, costs, loss or damage we incur as a result of publishing any content, comments or material posted or submitted by You.

10. Contests, Games, Competitions, Free Prize Drawings

We may advertise and run contests, games, competitions or free prize drawings on our Website. Specific rules will apply to such contests, games, competitions or free prize drawings. Please carefully read the rules applicable to any contest, games, competitions or free prize drawings you participate in as by participating in such contest, games, competitions or free prize drawings you are deemed to have accepted and be bound by those rules.

11. Disclaimer of warranties, limitations of liability and indemnification

Your use of PowerTiz is at Your sole risk. The service is provided "as is" and "as available". You assume total responsibility and risk for use of the site and the Internet. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from Your use of the Website, and You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to the attorney's fees) arising from Your violation of any third-party's rights. You acknowledge that You have only a limited, non-exclusive, non-transferable licence to use the Website. Because the Website is not error or bug free, You agree that You will use it carefully and avoid using it ways which might result in any loss of Your or any third party's property or information.

PowerTiz Limited will indemnify and hold You harmless, from and against any claim against You by reason of Your use of the Service as permitted hereunder, brought by a third party alleging that the Service infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret (an “IP Claim”).

PowerTiz Limited shall, at its expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys engaged by PowerTiz for such defense, provided that:

  • You promptly notify PowerTiz Limited of the threat or notice of such IP Claim;
  • PowerTiz Limited will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim;
  • You fully cooperate with PowerTiz Limited in connection therewith.

If use of the Service by You, Agents or any End Users have become, or in PowerTiz Limited’s opinion is likely to become, the subject of any such IP Claim, PowerTiz Limited may at its option and expense:

  • Procure for You the right to continue using the Service as set forth hereunder;
  • Replace or modify the Service to make it non-infringing.

If these two options are not commercially and reasonably practicable as determined by PowerTiz, PowerTiz Limited will terminate Your subscription to the Service and repay You, on a pro-rated basis, any Subscription Charges previously paid to PowerTiz Limited for the corresponding unused portion of Your Subscription Term.

PowerTiz Limited will have no liability or obligation under this Section with respect to any IP Claim if such claim is caused in whole or in part by compliance with designs, data, instructions or specifications provided by You or by modification of the Service by anyone other than PowerTiz Limited or by the combination, operation or use of the Service with other hardware or software where the Service would not by itself be infringing.

The provisions of this last Section state the sole, exclusive and entire liability of PowerTiz to You and constitute Your sole remedy with respect to an IP Claim brought by reason of access to or use of the Service by You, Agents or End Users.

You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of Your use of the Services, the violation of these Terms of Use by You, or the infringement by You of any intellectual property or other right of any other person or entity.

12. Third party links and advertising

You may only link to content on our websites if we consent. However, we reserve the right to require that You do not link to our content and we may exercise this right by giving notice to You. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.

This Site also often contains advertisements, hyperlinks and pointers to websites operated by third parties. We have no control over their individual content as they do not form part of our websites. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for Your convenience only. We do not recommend any products or services advertised on those websites. If You decide to access any third-party website linked from this Site, You do so at Your own risk. PowerTiz Limited and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by You through relying on anything contained on or omitted from such third-party websites. A display of advertising does not imply an endorsement or recommendation by PowerTiz Limited.

Any disputes or questions relating to any materials, products, services or merchandise from third-party sites or fulfilment or delivery thereof and the quality, suitability and fitness for purpose of such Materials should be directed to the relevant third party website and You acknowledge that PowerTiz Limited and its affiliates, related or subsidiary companies shall have no responsibility, obligation or liability whatsoever in relation to such Materials.

13. Availability of website(s) and services

We strive to ensure that our website and the Services are available to You at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our website or the Services, including Your access to it. We may change the path or location of a link or subdomain, or redirect content contained within a link or subdomain on our website at any time without prior notice to You. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.

In case of service not provided properly (due to bug or human mistake), we reserve the right of refunding the user (partially or fully), at our sole and own discretion or offering a similar service, discount, free credits, etc.

14. Complaints (including copyright complaints) regarding user’s contributions

If we grant users of our Website the possibility to post content to or comments on or otherwise submit material for publication in various areas of our Website, we may not be aware of the contents of each comment or review displayed on our Website. We operate on a “notice and takedown” basis. If you believe that any comment or review displayed on our Website contains a defamatory statement, constitutes copyright infringement or infringement of other rights, please notify us immediately by writing to or emailing our Customer Service at the contact details displayed on our Website and, if possible, provide material supporting your complaint.

15. Privacy Policy

The PowerTiz Privacy Policy is available for review, here.

16. Termination

We reserve the right to bar users from this Site and / or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.

17. Notice

All notices to be provided by PowerTiz Limited to You under these Terms may be delivered in writing, by nationally recognised overnight delivery service (“Courier”) or mail to the contact mailing address provided by You on any Form or electronic mail to the electronic mail address provided for Your Account owner.

For notices given to Us, You must notify Us by Courier or Mail to the address indicated in the contact section of the Website. Electronic notifications will not be accepted.

All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two business days after being deposited in the mail or with a Courier as permitted above.

18. Accounts and user privileges

We do not delete user accounts unless for up-mentioned breaches of the Terms. However, You can temporarily or permanently disable Your user account. Disabling Your account means we will delete Your password, remove any email subscriptions or notifications You may receive and turn off Your PowerTiz inbox.

To temporarily disable Your account, please click on the "Temporarily deactivate your account" link in the Account section of Your User settings and follow the instructions.

To permanently disable Your account, please click on the "Permanently deactivate your account" link in the Account section of Your User settings and follow the instructions. For security reasons, the process takes 7 days and can be canceled at any time before the end of the 7-day period. Once the process is finalised, it is irreversible and permanent.

Without limiting the foregoing, the following will lead to a suspension of Your privileges on PowerTiz:

  • Breaches or violations of these Terms;
  • Requests by law enforcement or other government agencies;
  • Unexpected technical issues or problems;
  • Extended periods of inactivity.

In accordance with the guidelines established by the Data Protection Commissioner from time to time, PowerTiz Limited reserves the right to reveal Your identity (or whatever information it knows about You) in the event of a complaint or legal action arising from any advertisement or other information posted by You.

19. Applicable law

These Terms shall be governed by and construed in accordance with Irish law and the parties agree that any disputes will be settled in Irish courts, save that we may take action in any relevant jurisdiction to enforce our intellectual property rights. Should any provision of these Terms be determined to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be replaced with a provision that reflects the intent of the original provision, to the extent permitted by applicable law and all other provisions of these Terms shall remain in full force and effect.

As the company may expand to other countries and jurisdictions, these Terms of use and all matters arising or relating to these terms and this Website including its content, shall be governed by the law of the country as indicated below. The courts of that same country shall have exclusive jurisdiction to settle any disputes, which may arise out of or in connection with these Terms of use or use of our Website. The Websites and associated countries of governing law and jurisdictions will be published on our Website if the case.

20. Miscellaneous

The headings in these Terms are solely used for convenience and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time without notice to You and upon such assignment will be relieved of any further obligation under these Terms. You may not assign, transfer or sublicense Your rights, if any, under these Terms. Our delay or failure to exercise or enforce any right or provision of these Terms with respect to a breach by You or others shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control, particularly in case of force majeure or an Act of God.

THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND POWERTIZ LIMITED WITH RESPECT TO THE USE OF THE SITE.

Any changes to this Agreement will be posted on the Site and will take immediate effect.

If You have any questions or comments about our Terms, please Contact us.





Version: [May 2017]