TrySwitch.ie is operated in Ireland by Try Switch Ltd., with Reg , No 427519 and its office at :

Bawnogue Enterprise Centre,

Bawnogue Road,

Clondalkin,

Dublin 22
 

These Terms and Conditions (the “Terms”) apply to your use of the TrySwitch.ie website (the “Site”) which is operated and owned by Try Switch.  By using the Site, you acknowledge and agree to be legally bound by these Terms and the disclaimers herein just as if you had signed these Terms.
 

If you do not agree to these Terms, you should not use the Site. 
 

These Terms were last amended on 1 September 2006 and we reserve the right, in our sole discretion, to change, modify, add or remove parts of these Terms at any time. You are responsible for reviewing these Terms periodically for changes as by using the Site after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them.  These Terms may not otherwise be modified, except in writing by an authorised officer of TrySwitch.ie.

For purposes of these Terms, a “User” or “You” is any person who accesses the Site for whatever purpose. 
 

These Terms apply to each Service (as defined in paragraph 4 below) in addition to any terms and conditions that may be applicable to specific Services provided. In the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Service and any provision of these Terms, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favourable to TrySwitch.ie and/or its affiliates, and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Service shall prevail.
 

Access to the Site and its features are provided to you free of charge.  Your right to access this Site is subject to any limits established by TrySwitch.ie. Notwithstanding anything contained in these Terms to the contrary, TrySwitch.ie may, in its sole discretion, terminate or restrict your participation in or use of the Site at any time.
 

TrySwitch.ie reserves the right, without prior notice, to change any of the features or introduce new features without prior notice, or to restrict, deny or create access to certain areas or features of the Site.
 

TrySwitch.ie reserves the right to deny Services to any User for whatever reason in order to protect the interests of TrySwitch.ie.
 

You shall not undertake any scheme to undermine the integrity or functionality of the Services offered on the Site, nor shall you attempt to gain unauthorised access to any Services, data or computer systems which have not been expressly made available to your computer systems or networks.

In these Terms “Service” means the service provided by Tryswitch.ie via the Site whereby you may obtain impartial and objective information on the Suppliers and the Services and products they offer and, if you so require, transact with the Suppliers to obtain the Supplier’s services and/or products.  “Supplier” means any supplier of homephone and/or broadband services, products and/or goods selected by Tryswitch.ie from time to time who is listed on the Site.
 

Use of the Services and the Site are subject to these Terms. The Site is made available to you solely to provide homephone and broadband information and to permit you to obtain quotations from Suppliers or to transact with Suppliers. 
 

All such transactions are subject to the terms and conditions of the relevant Supplier.  TrySwitch.ie is not a party to any such transactions between Suppliers and Users. In no circumstances shall TrySwitch.ie. have any liability whatsoever in respect of any such transaction. TrySwitch.ie will not be responsible for any loss, cost or damage incurred by you arising out of or in relation to the transaction or attempt to enter into a transaction.
 

You agree that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Supplier’s information, goods or services shall rest with the Supplier. The accuracy of the information published on the Site is not guaranteed and is subject to change.  It is at all times your responsibility to verify prices with the Supplier.  TrySwitch.ie does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services or via the TrySwitch.ie Site or otherwise provided by TrySwitch.ie to you. 
 

TrySwitch.ie will use all reasonable endeavours to ensure that the information relating to Services and the cost of such Services is regularly updated. However, you acknowledge that details of Services, including, but not limited to prices, are not updated every day and may only be accurately brought up to date once provided by the Supplier to TrySwitch.ie within a reasonable timeframe.
 

TrySwitch.ie may at any time withdraw any Supplier (or any product or service of a Supplier) from the Site.
 

You acknowledge that where necessary TrySwitch.ie may pass your details to Suppliers or potential Suppliers for the purpose of switching homephone or broadband services to such Suppliers or potential suppliers (or to engage in any similar transaction with a Supplier). TrySwitch.ie will obtain your consent prior to sending such details to Suppliers or potential suppliers.
 

In the event that you have a dispute with a Supplier, you agree to release and indemnify TrySwitch.ie (and its agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any special, incidental or consequential damages) arising out of or in connection with such transaction and that any right, claim or action you have against any other User arising from that User’s use of the Site, will be pursued independently of and without recourse to TrySwitch.ie.

The Site and all text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof, (the “Site Content”) embody trade secrets and intellectual property rights protected under Irish and international copyright and other laws and are owned, controlled or licensed by TrySwitch.ie, or by the original creators of such materials or their permitted licensors.
 

Subject to these Terms, TrySwitch.ie grants you a non-exclusive, non-transferable, non-sublicense able, limited right to access and use the Site and the Site Content.  However, no right, title, or interest in any the Site Content will be granted or transferred to you as a result of any permitted use of such materials.  All title, ownership and intellectual property rights in the Site and Site Content shall remain with TrySwitch.ie, its affiliates or licensors of the Site Content, as the case may be. 
 

You may use the Site and the Site Content only for viewing the Site in the ordinary course or as a resource for the Services offered through the Site.  Use of the Site and/or the Site Content, for any purpose not expressly permitted in these Terms including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the TrySwitch.ie is strictly prohibited.
 

In particular you agree that you shall not copy, reproduce or download any of the Site Content for the purpose of re-selling or re-distributing the Site Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with TrySwitch.ie, or otherwise commercially exploiting the Site Content.
 

In particular you agree that you shall not copy, reproduce or download any of the Site Content for the purpose of re-selling or re-distributing the Site Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with TrySwitch.ie, or otherwise commercially exploiting the Site Content.
 

TrySwitch.ie owns various trade marks (the “Marks”) in relation to the “TRYSWITCH” name and derivatives therefrom.  These Marks are protected under applicable copyright, trade mark and other proprietary rights laws.  The unauthorised copying, modification, use or publication of these Marks, their use in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TrySwitch.ie is strictly prohibited.  In particular, but without limitation, you may not use the Marks as meta-tags nor may you sponsor them in search engines.  All goodwill in your legitimate use of the Marks shall accrue to the exclusive benefit of TrySwitch.ie.
 

All rights not otherwise claimed under these Terms or by TrySwitch.ie are hereby reserved.  Please notify us immediately if you become aware of any infringement of any intellectual property on the Site.

If you use (or any other party, with your permission uses) the Site or the Service in contravention of this Agreement, TrySwitch.ie may suspend your use of the Services.
 

If TrySwitch.ie suspends your right to use the Services, it may refuse to re-establish your right to access the Services until you assure TrySwitch.ie, in a manner deemed acceptable by TrySwitch.ie, that there will be no further breach of the provisions of these Terms by you. 
 

You warrant that all information provided on registration and during the course of this agreement is true, complete and accurate and that you will promptly inform TrySwitch.ie of any changes to such information.
 

TrySwitch.ie will inform you of applicable terms and conditions imposed by a Supplier, in relation to the supply of its services and/or products and you agree to abide by and adhere to those terms and conditions.
 

The User shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and TrySwitch.ie shall have no responsibility for transmission of payments to a Supplier. Where Suppliers require details of your credit or debit card, you hereby agrees to provide such details to TrySwitch.ie where necessary and to TrySwitch.ie providing such details to the relevant Supplier.
 

Use of the Site is presently free. However, TrySwitch.ie reserves the right to charge the User for certain services or impose charges for use of services that were free. You will be clearly notified in advance of any applicable charges before any such services can be selected or before any charges are levied.

TrySwitch.ie may allow you access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party’s website.  These links are provided solely as a convenience to you and not as an endorsement by TrySwitch.ie of the content or goods or services on such third party websites.  You acknowledge that TrySwitch.ie has no control over such third party's site, does not monitor such sites, and shall not be responsible or liable to anyone for such site, or any content, products, goods or services made available on such site. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites.
 

TrySwitch.ie generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site’s homepage (and no deeper within the Site) and provided we give our consent to the establishment of such links.  Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons.  Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.

We are committed to protecting your privacy and security.  This Site includes areas where you are requested to input information about yourself or others.  All personal data that we collect from you will be processed in accordance with our Privacy Policy.  You should review our Privacy Policy, which is incorporated into these Terms by this reference. The current version of the TrySwitch.ie Privacy Policy is available at Privacy Policy Page of the website.  Each User hereby accepts the Privacy Policy and any updates and amendments thereto
 

THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND TRYSWITCH.IE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS WHICH ARE NOT EXPRESSLY CONTAINED IN THESE TERMS WHETHER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 

TRYSWITCH.IE WILL USE ALL REASONABLE ENDEAVOURS TO ENSURE THAT CONTENT (OTHER THAN THIRD PARTY CONTENT) CONTAINED IN THE SITE IS ACCURATE HOWEVER, TRYSWITCH.IE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY CONTENT PROVIDED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITE ACCESSED THROUGH THIS SITE.
 

NEITHER TRYSWITCH.IE, ANY OF ITS AFFILIATES, NOR ANY OF ITS RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE, OR ANY FUNCTION CONTAINED IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
 

Any material downloaded or otherwise obtained through the Site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material.  No advice or information, whether oral or written, obtained by you from TrySwitch.ie or through or from the Site shall create any warranty not expressly stated herein.
 

Under no circumstances shall TrySwitch.ie be held liable for any delay, failure or disruption of the content or Services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
 

Although the Site is accessible worldwide, parts of the Services are only available to Users whose geographical location is the Republic of Ireland.  TrySwitch.ie reserves the right to limit, in its sole discretion, the provision and quantity of any Service to any person or geographic area it so desires.  Any offer for any Service made in or through the Site is void where prohibited.
 

TrySwitch.ie does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services and TrySwitch.ie excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
 

These disclaimers apply to the fullest extent permitted by law.

In performing any obligation under this Agreement, TrySwitch.ie’s only duty is to exercise reasonable care and skill.
 

Except as otherwise provided herein and to the extent permitted by applicable law, TrySwitch.ie shall not be liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages (however arising), any loss of reputation or goodwill, any economic loss (including, but not limited to, damages for loss of profits, revenues, savings, or business interruption), or any other damages whatsoever (including but not limited to damages for loss of information, data or other intangible property), whether in contract, negligence, tort, strict liability or otherwise or any other damages (even if TrySwitch.ie have been advised of such damages) resulting from any of the following:

 

except and to the extent that it arises directly as a result of TrySwitch.ie’s negligence or TrySwitch.ie’s breach of these Terms in which case the terms of clause 11.3 shall apply.
 

In no event shall TrySwitch.ie’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), exceed the amount paid by you to TrySwitch.ie, if any, for accessing the Site or registering for the Services.  If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is the discontinuation of your use of the Site.
 

Neither you nor TrySwitch.ie shall exclude or limit its liability to the other party for fraud or for death or personal injury caused by its negligent act or omission, contractual breach or default.

12.1

TrySwitch.ie shall be entitled to suspend the Services and/or terminate this Agreement if:

12.2

The TrySwitch.ie's rights to terminate this Agreement are without prejudice to any other right or remedies of TrySwitch.ie in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

The site has been created and is controlled by Try Switch in Ireland.  These Terms will be governed by, and construed and enforced in accordance with the laws of the Ireland (excluding Northern Ireland).  You hereby unconditionally and irrevocably submit to the non-exclusive jurisdiction of the courts of Ireland (excluding Northern Ireland).
 

Disputes between you and TrySwitch.ie regarding the Services may be reported to TrySwitch.ie at the following telephone number [00 353 1 466300] or email address [disputes@tryswitch.ie].
 

Your country and/or that of any Supplier you communicate or trade with on this Site may have laws which apply to transactions with Suppliers.  These laws may apply regardless of what you agree with that Supplier or with TrySwitch.ie and as a result there may be additional legal requirements.  You agree to conform and comply with all applicable domestic and international laws and regulations regarding your use of the Site provided hereon.

Any notice or other communication under this Agreement shall only be effective if it is in writing and sent to TrySwitch.ie at the following address:

Bawnogue Enterprise Centre,

Bawnogue Road,

Clondalkin,

Dublin 22

* marked for the attention of Managing Director.
 

All notices or demands to you shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by you to TrySwitch.ie, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to you shall be deemed to be received by you if and when (a) TrySwitch.ie is able to demonstrate that communication, whether in physical or electronic form, has been sent to you, (b) immediately upon TrySwitch.ie’s posting such notice on an area of the Site that is publicly accessible without charge, or (c) at the latest, 24 hours after an email is sent to you, unless we receive notice that the email address is invalid and an alternative email address has been provided to us.

Subject to any additional agreements relating to the Services, these Terms and the Privacy Policy constitute the entire agreement between you and TrySwitch.ie with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter.
 

You and TrySwitch.ie are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. 
 

If a court, or other competent authority, holds any of these Terms to be unlawful, void, or for any reason unenforceable, in whole or part, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
 

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
 

This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.
 

TrySwitch.ie’s failure to exercise or delay in exercising a right or remedy provided by these Terms of use or by law does not constitute a waiver of those or any other rights or remedies.
 

TrySwitch.ie shall have the right to assign its obligations and duties under these Terms to any person or entity. You shall not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement.
 

In certain circumstances if you refer other people to the Site and they use it to change their Supplier, you may request a free gift from TrySwitch.ie.  You should refer to the Free Gift section of the Site for more details as to eligibility for, and the mechanism for requesting, a free gift.  Eligibility is subject to the conditions set out in that section.
 

There are a range of gifts listed on the Site which you can choose from.  It generally takes between 10-15 working days to deliver gifts, although sometimes it may take longer.  You will not be charged for the delivery.    
 

Please note that we endeavour to hold sufficient stock to meet all requests for free gifts.  However, as our supply of gifts is subject to availability from our supplier, we may, from time to time, have insufficient stock to deliver the gifts requested by you.  In such circumstances, we may, at our discretion, deliver a substituted product or a cash alternative to you.  Also, we may, at our discretion, choose to discontinue the Free Gift offer at any time.
 

To the fullest extent permitted by applicable laws, TrySwitch.ie hereby expressly disclaims any and all liability for the quality, durability, performance, accuracy, reliability, merchantability or fitness for purpose of any gift supplied to you by TrySwitch.ie. 
 

The Customer Service Questionnaire (the “Questionnaire”) located on the “Does Customer Service Really Matter?” page of the Site offers a means by which you can indicate your views on the level of customer service offered by Suppliers.  Should you choose to complete the Questionnaire, we will use the information you submit to create a Customer Service Performance Table (the “Table”) on the Site.  The Table will reflect Users’ views on which Suppliers are providing the highest levels of customer service. 

Submitting Information to the Questionnaire

As any comments you include in the Questionnaire may not always be reviewed or edited by us prior to inclusion in the Table and posting on the Site, you alone are responsible for the content and consequences of your comments.

In using the Site or participating in any of the features of the Site, including completing the Questionnaire, you agree that:

By submitting any content, which may include your name, to the Site for instance by completing the Questionnaire, you grant TrySwitch.ie a royalty-free, perpetual, irrevocable and non-exclusive sub-licensable right to use, reproduce, modify, adapt, publish, translate and create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it into other works in any form, media or technology now known or later developed for the full use of any rights that may exist in such content.  You also waive any moral rights that may subsist in any such content.  You also warrant that the holder of any rights including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence set out above.  You also permit any other User of the Site to access, display, view, store and reproduce such content for personal use.

By submitting content to the Site through, e.g. the Questionnaire, you expressly permit TrySwitch.ie to identify you as the contributor of such content.

By submitting content to the Site you warrant that the material is fit for publication and use and that any publication or use of it by TrySwitch.ie will not infringe the rights of any person or cause injury to any third party.  By submitting the information you are guaranteeing that you believe that TrySwitch.ie may publish the material and use it for any purposes whatsoever, including developing and marketing its products and services. You agree to indemnify TrySwitch.ie, its successors and assigns, and each of its directors, officers, employees and agents from and against any liability, loss, damage, claim or expense (including reasonable legal fees) incurred by TrySwitch.ie arising out of or resulting in any way from your provision of content to the Questionnaire or the Site.

TrySwitch.ie reserves the right to remove, edit, move or close any materials from the Table or the Site which it regards in its sole discretion as not complying with these Terms or which it otherwise considers inappropriate.  If you do not comply with these Terms, TrySwitch.ie may also block your email address and IP address to prevent you supplying any material to the Questionnaire or to the Site.

Using Information Contained in the Table

Use of any material posted on the Site is at your own risk. The information given and the views or opinions expressed in the Table and on the Site are not those of TrySwitch.ie and TrySwitch.ie accepts no liability for any material supplied by those who choose to complete the Questionnaire. TrySwitch.ie reserves the right to monitor and review any comments included in the Questionnaire and the Table but is not obliged to do so and no responsibility for loss or distress caused to any person as a result of information supplied by individual Users of the Site can be accepted by TrySwitch.ie. 

TrySwitch.ie shall not be liable to you for any direct, indirect, special or consequential loss arising as a result of content appearing on the Site where content is supplied by Users.