hapai.ie is a platform to create and participate in discussions, using text, links, profiles, audio, pictures, videos and other media (hereinafter referred to as “Material”) appropriately.
Your privacy is very important to us.
Please read our Privacy Statement at https://www.hapai.ie/privacy-statement/ to see how we collect, use and protect your personal information. We recommend that you read this before you use or register with HAPAI Limited.
3. Information Society Service Provider
You agree and acknowledge that HAPAI Limited is an information society service provider, as defined in 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 that it is not under any obligation to monitor the information which it transmits or stores. You agree and acknowledge that HAPAI Limited shall not be liable in respect of information which is hosted or cached by us or in respect of which we act as a mere conduit.
4. Who can join HAPAI Limited?
4.1 Individuals who are working within the Plumbing and Heating Industry
You can join HAPAI Limited if you are an individual who is:
- Heating Engineer
- Pipe Fitter
- Gas Fitter
- Registered Gas Installer
- Solid Fuel Stove Installer
- Heat Pump Installer
- Solar Thermal Installer
- Boiler Service Technician/Engineer
4.2 Companies who are trading within the Plumbing and Heating Industry
Companies can join HAPAI Limited if the company is trading as:
- Plumbing or Heating Trade Manufacturer
- Plumbing or Heating Trade Supplier
- Plumbing or Heating Trade Designers
- Plumbing or Heating Trade Bodies/Associations
4.3 Representing a company or other entity
4.4 Who cannot join HAPAI Limited
You must not use hapai.ie if:
- You have been previously site banned or Association banned for any reason.
- You do not fulfil the requirements of either Clauses 4.1, 4.2 or 4.3.
- You are joining solely to seek to engage in market research.
- You are joining solely to look for support for your, or another person’s participation in any competition or publicly voted event.
- You intend to breach any other of the terms and conditions listed below.
5. What you agree to when joining HAPAI Limited
It is your responsibility, bearing in mind the global nature of the Internet, to comply with all applicable laws which may apply to your use of hapai.ie and to the material you post, including but not limited to those regarding acceptable content and online conduct. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
We expect you to act responsibly in posting Material on hapai.ie. You agree, through use of this service, NOT to use hapai.ie to:
- post illegal Material
- treat others with disrespect
- defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others
- solicit passwords or personally identifying information for commercial or unlawful purposes
- collect or store other users’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users
- attempt to gain unauthorised access to the hapai.ie administrative areas or interface, to user accounts, computer systems or networks connected to the hapai.ie site, through password mining or any other means
- post irrelevant Material, repeatedly post the same or similar Material or otherwise impose an unreasonable or disproportionately large load on the hapai.ie servers or infrastructure
- post any unsolicited or unauthorised advertising, promotional content, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of commercial publicity
- post any abusive, harmful, vulgar, obscene, sexually explicit, indecent, profane, inappropriate, or racially, ethnically or otherwise objectionable Material, except where the content is appropriate to the content of the forum and you have been granted specific permission to do so and subject to our guidelines on said content
- post Material that contains violence, or offensive subject matter or contains a link to an adult website
- post Material in respect of any matter that is currently before the courts
- post Material that could be construed as scandalising the courts
- post Material that infringes any patent, trade mark, trade secret, copyright, rights of privacy or publicity, or other proprietary right or intellectual property right of any party
- post Material that falsely expresses or implies that such Material is sponsored or endorsed by HAPAI Limited
- post Material that contains software viruses or harmful programs including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- modify, adapt, translate, or reverse engineer any portion of hapai.ie, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of hapai.ie, except as expressly authorised in writing by HAPAI Limited
- reformat or frame any portion of the web pages that are part of hapai.ie
6. You are responsible for your account and its details
As part of the registration process, you will be assigned a username (usually your forename and surname) and required to select a password and you will be responsible for all activities occurring under your username and for keeping your password secure. We strongly recommend you do not reuse a password which you also use elsewhere.
6.1 Accounts and passwords
HAPAI Limited reserves the right to log off or deactivate accounts that are inactive for an extended period of time.
You will not create more than one personal profile. You may not share your account with anyone. You agree not to provide any false information to HAPAI Limited or to create an account for anyone other than yourself without the express permission of that other person or entity. You agree not to use the account or password of another user and not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.
You may change your password or profile by following instructions on the site. HAPAI 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.
HAPAI Limited may at its absolute discretion refuse you access to the site, delete posts by you 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.
6.2 Your interactions with other users
HAPAI Limited has no obligation to verify the identity of any users when they are connected to the site or to monitor Material provided by them.
Your 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 judgment. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.
You are encouraged to exercise discretion when providing personal information about yourself on hapai.ie. Any personal information which you volunteer in your public profile or post on the forums will be available worldwide to anyone with access to the website.
We recommend you never 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, unless you specifically authorise HAPAI Limited to list your details within the Public Search Facility.
Please note that certain information (such as photographs) which you may choose to provide might reveal your gender, ethnic origin, nationality, religion and/or sexual orientation.
HAPAI Limited does not delete all posts from any member on request, so if you have publically posted identifying information about yourself, then it will remain on the site.
7. Our right to ban accounts or remove user privileges
HAPAI Limited does not delete user accounts. You can however close your user account.
Closing your account means we will scramble your password, remove any email subscriptions or notifications you may receive and turn off your Private Messages. This process does not remove any posts you have made on the site.
To close your account, please click on the “Close Account” link in the “Miscellaneous” section of your User Control Panel and follow the instructions. This process is irreversible and permanent.
HAPAI Limited may at its absolute discretion refuse you access to the site and/or cancel/terminate your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your user privileges. If we disable your account you will not be entitled to create another account without our permission.
Without limiting the foregoing, the following will lead to a suspension of your privileges on hapai.ie:
• requests by law enforcement or other government agencies unexpected technical issues or problems or
• extended periods of inactivity.
8. Posting on hapai.ie
8.1 The content you post on hapai.ie
Due to the real-time nature of hapai.ie, HAPAI Limited cannot and is not required to review the contents of posted Material, nor does it confirm the validity of information submitted. HAPAI Limited hereby notifies you that it does not actively monitor Material posted by users and, as such, is not responsible for and gives no warranty or representation in relation to Material posted by users.
Because community standards vary and individuals sometimes may not comply with our policies and guidelines, in the process of using hapai.ie, you may be exposed to content that you find offensive or objectionable. Users are encouraged to bring any Material they deem offensive or objectionable to the attention of forum moderators by using the Report Post Feature identifying the specific Material that they consider is objectionable. You will be asked to give your reasons for wanting the Material removed.
Users are informed that if they deem Material to be defamatory or an infringement of their intellectual property rights they should inform HAPAI Limited by emailing firstname.lastname@example.org.
Do not use the Report Post Feature to report defamatory Material or Material which infringes your intellectual property rights. You will be asked to give your reasons for wanting the Material removed. We would direct you to http://www.hapai.ie/legal/ for further information on removal of posts.
Please note that HAPAI Limited’s offices are open for business from 9am to 5.00pm Monday to Friday excluding national and public holidays in the Republic of Ireland. Any notifications received from users outside of the aforementioned hours will only be addressed upon the re-opening of HAPAI Limited’s offices.
If another user defames, abuses, harasses, stalks, or threatens you or otherwise violates your rights on hapai.ie please report the post to HAPAI Limited by emailing email@example.com or by using the Report Post Feature identifying the specific Material you consider is objectionable.
In accordance with the guidelines established by the Data Protection Commissioner from time to time, HAPAI 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 Material posted by you.
You own all of the Material you post on hapai.ie and we do not claim ownership of that Material. However, we need your permission to be able to display that Material and in some cases to modify it for best display – for different browsers, for our mobile site, and so on.
Consequently, by posting any Material on or through hapai.ie, you grant HAPAI Limited a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Material. The licence you grant to HAPAI Limited is non-exclusive, royalty free and fully paid, sub-licensable, and worldwide. This licence applies only to use of the Material for the purpose of providing the HAPAI Limited service. You also waive to the fullest extent permissible by law any moral rights in such Material. You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the licence above.
By posting any Material on hapai.ie you represent and warrant that: (i) you own the Material posted by you or otherwise have the right to grant the licence above, and (ii) the posting of the Material does not violate the privacy rights, publicity rights, intellectual property rights, confidentiality, contract rights or any other rights of any person. You agree to pay all royalties, fees, or any other monies owing any person by reason of any Material posted by you to or through hapai.ie.
From time to time we may seek to use users’ Material for the purpose of advertising or marketing hapai.ie. However we will not use your Material for this purpose without your prior express written permission.
Please do not post any information you are not happy to leave up indefinitely. In order to ensure that threads and conversations are not disrupted, we do not generally remove Material which is uploaded to us. Consequently, you agree that your Material displayed on hapai.ie may continue to appear on hapai.ie, even after you have terminated your user privileges or have had your user privileges terminated by HAPAI Limited.
However, we understand that you may wish to remove certain types of original creative Material (such as your photographs, drawings, videos, short stories, architectural plans, poetry and the like) from time to time.
Consequently if for any reason you decide that you no longer wish to have your original creative Material displayed on hapai.ie then upon written request from you, HAPAI Limited will delete it provided that this does not have a significant negative impact on the structure of the thread it features in. For example, HAPAI Limited will not delete a work put up for constructive criticism as to do so would make the posts which respond meaningless.
To have original creative Material deleted, please contact the relevant forum moderator (by using the private messaging system available to all registered users when they are logged onto hapai.ie) with a direct link to the relevant item and your request. We will delete it within 10 working days of your request, as far as reasonably possible.
Please note that deletion of original creative Material applies only to Material you have uploaded to hapai.ie. If you have posted a link on hapai.ie to Material hosted elsewhere (such as Flickr or YouTube) then as HAPAI Limited is not the host you will have to contact that other site to have that Material deleted.
We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, you must not post it on hapai.ie. We are not responsible for a user’s misuse or misappropriation of any content or information you post on hapai.ie.
8.2 Defamatory Content
HAPAI Limited operates on a “notice and takedown” basis. If you believe that any content on hapai.ie contains a defamatory statement, please notify HAPAI Limited immediately by emailing firstname.lastname@example.org. Once this notification has been received, HAPAI Limited will use all reasonable endeavours to remove the defamatory content complained about within a reasonable period of time.
Please note that HAPAI Limited’s offices are open for business from 9am to 5.00pm Monday to Friday. Take down requests received outside of the aforementioned hours will only be addressed upon the re-opening of HAPAI Limited’s offices.
8.3 Content infringing Intellectual Property Rights
HAPAI Limited operates on a “notice and takedown” basis. If you believe that any content on hapai.ie infringes your intellectual property rights, please notify HAPAI Limited immediately by emailing email@example.com. Once this notification has been received, HAPAI Limited will use all reasonable endeavours to remove the infringing content complained about within a reasonable period of time.
9. Feedback, suggestions and submissions about hapai.ie
From time to time users contact us with feedback, suggestions and submissions about hapai.ie and how to improve the site and services we offer. HAPAI Limited welcomes your input, and the following terms ensure that we can use your contributions to improve hapai.ie.
You do not have to submit anything to HAPAI Limited about hapai.ie, but if you do you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or any other submissions to HAPAI Limited which may improve our products, services, or offerings shall become the property of HAPAI Limited unless otherwise agreed by HAPAI Limited.
By making a submission to HAPAI Limited about hapai.ie, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to HAPAI Limited to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to HAPAI Limited, without any further consent, notice and/or compensation to you or to any third parties.
If you do not want to grant HAPAI Limited the rights set out above, please do not make submissions to HAPAI Limited about hapai.ie.
10. Content of advertisements on hapai.ie
You acknowledge that Material presented to you by hapai.ie, advertisers, or other users may be protected by copyrights, trademarks, patents or other proprietary rights or other intellectual property right and laws. All copyright and other proprietary notices in the Material must be left intact.
11. Links to and content of third party sites
11.1 Links to other websites
hapai.ie contains links to other websites operated by third parties over whom HAPAI Limited has no control. Such links are provided for your convenience only and HAPAI Limited accepts no responsibility or liability in respect of the content or use of other websites. Such links do not amount to an endorsement or recommendation of these sites by HAPAI Limited. HAPAI Limited does not exercise any control or supervision over the content of these linked sites.
HAPAI Limited is not responsible for the content or accuracy of or for the opinions expressed in these third party websites and these websites are not investigated, monitored or checked for accuracy or completeness by HAPAI Limited.
Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The fact that these links appear does not mean that HAPAI Limited endorse these third party sites or services.
11.2 Links to www.hapai.ie and Associated Websites
HAPAI Limited and associated companies permit third parties to link to the following websites namely, hapai.ie and hapeidirect.ie and other associated websites so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
By linking to any of the above mentioned websites you hereby authorise HAPAI Limited and the proprietors of the above mentioned websites to link to any website owned or controlled by you.
11.3 Third Party Content
The inclusion of any content from other sites, either quoted directly or linked to (“Third Party Content”) on hapai.ie does not imply any affiliation or endorsement of such Third Party Content by HAPAI Limited.
You understand that by using hapai.ie you may be exposed to Third Party Content that is offensive, indecent or objectionable.
Because HAPAI Limited does not control third party sites, you agree that HAPAI Limited is not responsible for any such Third Party Content and that this is the sole responsibility of the person from which such Third Party Content originated, and HAPAI Limited have no obligation to monitor such Third Party Content.
Notwithstanding the foregoing, HAPAI Limited reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind.
12. Intellectual property
All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software vest in HAPAI Limited unless otherwise indicated. HAPAI Limited reserves all of its rights.
The above does not include Materials which are the property of advertisers or users.
You acknowledge that all 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, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all copyright, trademarks and other intellectual property rights in and relating to hapai.ie (collectively “Intellectual Property”) are solely owned by HAPAI Limited.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Material at hapai.ie without the written permission of HAPAI Limited.
Advertising on www.hapai.ie
13. Advertising and Verified Representatives
HAPAI Limited may serve advertisements on site or work with a third party to serve the advertisements. Advertisements placed on hapai.ie may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that HAPAI Limited have the right to run such advertisements and promotions on hapai.ie.
13.1 For users:
HAPAI Limited does not control services which are supplied by third parties and the inclusion of advertising or sponsorship does not imply endorsement or recommendation of the third party by us or any association with that third party. Advertisers and sponsors are responsible for ensuring that Material complies with international and national law. HAPAI Limited does not give any warranty, guarantee nor make any representation regarding any advertisement or any merchandise, product or service offered or provided by third party companies advertising or interacting on hapai.ie.
You may report any advertisement or content you feel is unsuitable for hapai.ie to us, on the understanding that its removal is at our sole discretion.
Your correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through hapai.ie, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between you and such advertiser or third party.
You agree that HAPAI Limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on hapai.ie.
13.2 Verified Representatives and “Talk to…” Forums:
You must seek permission from HAPAI Limited before carrying out any commercial activity on hapai.ie. Any person or company attempting to advertise or otherwise promote themselves who has not been authorised by us will have their user accounts banned and their posts deleted. By using hapai.ie for any commercial activity you agree to the following additional terms.
HAPAI Limited provides a platform for commercial representatives (“Verified Representatives”) to engage with users on hapai.ie. We allow authorised Verified Representatives to post relevant, appropriate content to our forums or blog on the understanding that we make no guarantee of traffic, engagement and/or uptake by hapai.ie users. We reserve the right to choose whom we allow to take part.
By becoming a Verified Representative, you agree:
- You are responsible for your presence on hapai.ie, for your adherence to the rules and guidelines on hapai.ie and for the content you post. HAPAI Limited is not responsible for the content posted by Verified Representatives.
- You will use the personal information you receive from hapai.ie users only for the purpose of answering a question, resolving an issue or other specified action. Under no circumstances will you use this data for any marketing activity without the express permission of the hapai.ie user.
- You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
- You will delete all user data you received from hapai.ie if we disable your account or ask you to do so.
- You will provide customer support. You will make it easy for users to contact you. You will deal with any questions or issues on thread where appropriate. You will not try to evade answering reasonable queries. We can also share your email address with users if appropriate, and with your prior consent.
- You will not show ads on your hapai.ie presence except with the prior permission of HAPAI Limited.
- You will not misrepresent your relationship with hapai.ie to others.
- You may use the logos we make or issue a press release or other public statement relating to your use of hapai.ie only with the prior written permission of HAPAI Limited.
- HAPAI Limited can issue a press release describing our relationship with you.
- HAPAI Limited can measure your content, data and interaction on hapai.ie for any purpose, including commercial (such as for case studies and presentations).
For all enquiries about advertising or commercial activity on hapai.ie, please contact firstname.lastname@example.org.
Rights of HAPAI Limited
14. Our rights and responsibilities
14.1 Liability and accuracy:
HAPAI Limited does not give any warranty or make any representation as to the accuracy or completeness of the information contained on hapai.ie. Material posted on hapai.ie not intended to amount to advice on which reliance should be placed. HAPAI Limited therefore disclaims all liability and responsibility arising from any reliance placed on such Material by any user, or by anyone who may be informed of any of its contents. Although rigorous protocols are applied to hapai.ie we do not make any warranty that the hapai.ie is free from infection by viruses or anything else that has contaminating or disruptive properties. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in electricity or other utility supply.
HAPAI Limited does not give any warranty or make any representation as to the identity of any user on hapai.ie Any use of, or reliance placed on, any content or Materials posted to hapai.ie by any user, or obtained by you through hapai.ie, is at your own risk.
Users of hapai.ie should satisfy themselves as to the accuracy, completeness and reliability of the information contained on hapai.ie and, where applicable, as to the identity of other users.
HAPAI Limited may at its sole discretion for any reason (i) disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of hapai.ie, (ii) remove and discard any posts or Material within any thread or anywhere on hapai.ie or (iii) shut down a discussion, thread or forum that you are involved in, with or without notice, and with no liability of any kind to you.
14.3 Availability of service:
HAPAI Limited may at its sole discretion and at any time, discontinue temporarily or permanently providing hapai.ie, or any part thereof, with or without notice.
hapai.ie may be temporarily unavailable from time to time for maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.
Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to hapai.ie. However you agree that HAPAI Limited shall not be liable to you or any third party for any inability to access hapai.ie, termination or suspension of access to hapai.ie or modification of the service provided by HAPAI Limited.
14.4 Indemnity and waiver
You agree to indemnify, defend (at the request of HAPAI Limited), and hold harmless HAPAI Limited our investors, successors, assigns, subsidiaries, affiliates, co-branders, contractors, employees, servants, moderators, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:
- Your use of hapai.ie or any part thereof,
- The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use hapai.ie,
- The infringement of any intellectual property rights of any person or entity.
You acknowledge that your use of hapai.ie including any material downloaded or otherwise obtained through hapai.ie is at your own discretion and risk and you agree to waive any right to bring any claim or action against HAPAI Limited, our investors, successors, assignees, subsidiaries, affiliates, co-branders, contractors, employees, servants, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives for any loss, damage, costs or injury arising from such use.
15. Entire agreement
16. No partnerships/joint ventures
17. Governing law
The agreement shall be governed by Irish law and you consent to the exclusive jurisdiction of the Irish courts in all matters regarding this agreement and your use of hapai.ie.
19. No waiver
20. About HAPAI Limited
HAPAI Limited is an Irish company Registered No. 592197 and has its registered offices at 67 Primrose Hill, Tower, Blarney, Co. Cork, T23 RH61.