The GeoDirectory and AddressFix Website Terms and Conditions
Use of the GeoDirectory or AddressFix websites are subject to the following terms and conditions. Please read them before using the site.
Access to this site and the use of information contained on it is governed by the terms and conditions set out below. Since they are for the protection of both you and An Post GeoDirectory DAC, having its registered office at the GPO, O’Connell Street, Dublin 1 (herein referred to as “GeoDirectory”), please take the time to read them carefully.
By using this website you will be deemed to have accepted these terms and conditions. Please note that this website is owned and operated by GeoDirectory and that references to “we”, “us and “our” mean GeoDirectory.
Copyright in this site and the information set out on it belongs to us or our licensors and may not be copied, transmitted or reproduced without our prior consent. All copyright, trademark and other proprietary notices must be left intact.
Save as otherwise specified, the contents of all the pages contained in this site are copyright of GeoDirectory or its licensors.
(a) Reproduction of part or all of the contents of the pages in any form is prohibited other than in accordance with the following permissions. You are granted a non-exclusive, non-transferable licence solely for the purpose of using this site and any services available on this site. You may make one electronically stored, transient copy of these pages of this site for the exclusive purpose of on-line viewing. You may make one hard copy of these pages for exclusively, non-commercial purposes.
(b) Save whether otherwise specified the author(s) of the literary and artistic work set out in the pages contained in this site has/have asserted his/her/their moral rights to be identified as the author of these works.
(c) This licence does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of this site may be distributed or copied for any commercial purpose.
(d) No part of this site may be reproduced on, or transmitted to, or stored in any other website or other form of electronic retrieval.
Some pages on this site contain hypertext links to websites of agents of GeoDirectory. You are reminded that when you enter such sites, you will be subject to the terms and conditions of those sites. GeoDirectory is not responsible for the content of third party sites. GeoDirectory does not endorse the companies, goods or services of any third party unless explicitly stated.
Some pages on this site contain hypertext links to websites not maintained by GeoDirectory. You are reminded that when you enter other websites via such hypertext links, you will not be subject to these terms and conditions, and you will not benefit from the protections afforded to you in using our site. We will not be liable in any way for the content, availability or use of such links to websites and you use such links entirely at your own risk.
You warrant that you will use this site in accordance with all the terms and conditions applying to such use and you agree to indemnify GeoDirectory for any liability accruing to GeoDirectory from your use of this site.
This site is established in Ireland in accordance with the laws of Ireland and will be governed by the laws of that country. When you use the site, you accept that your use of the site and any information on the site will also be governed by the laws of Ireland and if any claim or dispute arises from your use of the site or any information on it, you agree that the Irish Courts will have non-exclusive jurisdiction over all such claims or disputes.
The use of this site or the distribution of information on the site may be restricted by local law or regulation in certain jurisdictions and this website is not intended for use nor the information intended for distribution in such jurisdictions and the persons accessing this website should inform themselves about and observe any such restrictions.
No third party is permitted to link any other website to this site without obtaining our prior written consent.
Please note that the sending of personal information via e-mail over the Internet may not be secure and can be intercepted by third parties or incorrectly delivered. You should not divulge confidential or personal information over the Internet unless you are using secure or encrypted communications technology.
The contents of this site including these terms and conditions are subject to change by us without notification to you. We accept no responsibility or liability for keeping the information in this site up to date or for any failure to do so.
The information contained in this site is for information purposes only. Whilst every care has been taken in its preparation, we do not make any warranties or representations as to its completeness, accuracy or reliability. Although we have made all reasonable efforts to ensure that all of the information on the site is accurate at the time of inclusion, we do not represent that this is the case, and it should not be relied upon as such. We neither accept nor assume any responsibility to you in relation to the contents of this site. Access to and use of this site is at the user’s own risk, and we do not represent or warrant the use of this site or any material downloaded from it will not cause damage to property, including, but not limited to, loss of data or computer virus infection. In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the access, use or performance of this site or any of its contents. We do not accept liability for any inaccuracies or omissions on this site. All implied warranties are excluded to the fullest extent permissible under law. We reserve the right to update or alter the information on this site including these terms and conditions at any time without giving notice of the alterations. GeoDirectory do not give any warranty of uninterrupted use of this site and GeoDirectory do not accept liability for any information posted on this site by third parties.
You will ensure that your use of this website complies with all applicable laws and regulations, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, liable or defamation of character, invasion of privacy or tortious interference.
No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
The Address Search function on the website is limited to five (5) searches per person per week and is limited to non-commercial purposes.
Go to AddressFix.ie
In order to use the Services you must agree to these Terms. However, in addition to clicking the “I agree to the AddressFix Terms of Service” box, you may also agree to these Terms by actually using the Services. You acknowledge and agree that GeoDirectory will treat your use of the Services as acceptance of these Terms from the time you first use the Services.
You should print a copy of these Terms for your future reference.
1.1. “Customer” means a person or entity purchasing or otherwise using the Services.
1.2. “Customer Data” means the thoroughfare addresses and any related information provided by Customer to GeoDirectory in connection with the Services.
1.3. “DPA” means the Data Protection Acts 1988 and 2003 and any other applicable data protection legislation, including any subsequent modification, amendment or re-enactment thereof.
1.4. “GeoDirectory” means An Post GeoDirectory DAC.
1.5. “Permitted Purpose” means use of the Results for the Customer's own internal business use only, and in each case solely to the extent such use is consistent with the purposes for which the Services are made available by GeoDirectory to the Customer.
1.6. “Results” means the results of the Services, including thoroughfare addresses formatted to GeoDirectory standards, and if selected by the Customer, GPS Codes, business classification data (including NACE codes) and/or socio-demographic data for such addresses.
1.7. “Services” means the address formatting service and any ancillary services provided by GeoDirectory to the Customer as optional extras in conjunction with the address formatting service, including without limitation, the provision of GPS Codes, business classification data and/or socio-demographic data.
1.8. “Site” means the Services website located at www.addressfix.ie or such other location as GeoDirectory may specify from time-to-time.
1.9. “Terms” means all the terms and conditions in these AddressFix Terms of Service.
2. GeoDirectory's Obligations
2.1. GeoDirectory shall use its reasonable efforts to provide the Services in accordance with GeoDirectory’s then-current technical specifications for the Services.
2.2. GeoDirectory shall only use the Customer Data to provide the Services.
2.3. GeoDirectory shall not, without the prior written consent of the Customer, divulge any of the Customer Data to any third parties except to GeoDirectory's own employees or any other person or entity who needs to have access to the Customer Data to the extent necessary for GeoDirectory to provide the Services to the Customer, including without limitation, GeoDirectory’s third party service providers.
2.4. GeoDirectory shall use its reasonable efforts to ensure that such employees or other third parties who are given access to the Customer Data by GeoDirectory are made aware that it is confidential and that they are required to take reasonable measures to ensure that such Customer Data is not further disclosed or used contrary to these Terms.
2.5. GeoDirectory shall notify the Customer by email when the Results are available for download from the Site. Factors affecting the time period within which the Results will be ready for download by the Customer include without limitation, the size of the original file of Customer Data uploaded by the Customer and the level of demand for the Services at any given time.
2.6. The Customer acknowledges and agrees that GeoDirectory may cease making the Results in respect of any transaction available thirty (30) days after GeoDirectory has notified Customer that the Results are available for download. If after such time, the Customer wishes to obtain the Results for the same transaction, the Customer will have to place a new order for the Services, pay the applicable charges and re-upload the Customer Data file; no credit, discount or refund will be provided to the Customer in respect of previously paid charges.
3. Customer's Obligations
3.1. The Customer shall be responsible at the Customer’s own cost and expense, for preparing and delivering to GeoDirectory accurate Customer Data in the format required by Customer Data.
3.2. If the Customer Data is not in the required format, GeoDirectory will either: (a) reject the Customer Data; or (b) endeavour to use the Customer Data in the format provided by the Customer. In such circumstances the Customer acknowledges that the Services may not function properly and accordingly, the Results may be partial or incomplete.
3.3. The Customer is responsible for maintaining its own copy of the Customer Data and the Customer acknowledges that GeoDirectory shall destroy the Customer Data within a reasonable period after provision of the Services and GeoDirectory shall not act as a repository of any Customer Data.
3.4. If any of the Customer Data is lost, destroyed or damaged before being processed by GeoDirectory, GeoDirectory shall notify the Customer who shall promptly supply GeoDirectory with a further copy of the Customer Data at no cost to GeoDirectory.
3.5. The Customer shall keep all information that its receives or otherwise acquires pursuant to the Customer’s use of the Services and relating to GeoDirectory, its affiliates and licensors, and its and their respective business, business methods, systems, Services, charges, processes and techniques secret and confidential and shall not disclose such information to any other person or entity, nor use the Services for the benefit of any other person or entity, without in each and every case, the express prior written consent of an authorised representative of GeoDirectory. Promptly upon the termination of the Customer’s use of the Services for any reason, the Customer shall destroy any and all such GeoDirectory information in the Customer’s possession and shall make no further use of such information.
3.6. The Customer shall not by itself or with any third party participate in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of GeoDirectory, its affiliates, licensors and/or the Services, or otherwise engage in other practices which may be detrimental to GeoDirectory, its affiliates, licensors and/or the Services.
3.7. The Customer shall immediately notify GeoDirectory if the Customer becomes aware of any unauthorised use of the Services or the Results (in whole or in part) by any third party.
3.8. The Customer shall only use the Services and the Results in compliance with applicable laws, rules and regulations, including without limitation, those applicable to data protection.
4. Disclaimer of Warranties
4.1. To the greatest extent permitted by applicable law, GeoDirectory specifically disclaims on behalf of itself and its affiliates and licensors, any and all implied representations, warranties, conditions, guarantees and other terms including without limitation, implied warranties, conditions and other terms of merchantability, satisfactory quality, fitness for a particular purpose or the compatibility of the Services with the Customer’s hardware and/or systems.
4.2. Without limiting the foregoing, the Customer expressly understands and agrees that: (a) GeoDirectory does not represent, warrant or guarantee: (i) that the Services or Results will be uninterrupted, continuously available, timely, secure, error free or will meet the Customer’s requirements; or (ii) that the data from which the Services are compiled, the Results or other information materials provided will be accurate, complete, reliable or uncorrupted; or (iii) that the Services will be able to provide Results for all addresses included in the Customer Data; and (b) the Services are dependent on accurate Customer Data which it is the sole responsibility of the Customer to provide. z\
5. Limitation of Liability
5.1. The liability of GeoDirectory (and its affiliates and licensors) to the Customer howsoever arising (whether under these Terms or otherwise) shall in no event exceed the total charges paid by the Customer to GeoDirectory in the period of twelve (12) months immediately before the date on which the relevant incident from which such liability arose took place. If more than one claim arises from the same event or series of events, then all such claims shall be treated as one, which will be treated as having arisen on the date on which the first relevant claim arose.
5.2. Under no circumstances shall GeoDirectory (or its affiliates and/or licensors) be liable to the Customer under or in connection with these Terms (whether for breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason), for: (a) any loss of, or damage or disruption to, revenue, business, contracts, customers, goodwill, anticipated savings or profits; (b) damage to systems or data; or (c) indirect, incidental, special or consequential losses and/or damages whatsoever, even if GeoDirectory (or its affiliates or licensors) have been advised of the possibility of such losses and/or damages.
5.3. Notwithstanding any other provision to the contrary in these Terms, nothing in these Terms shall limit or exclude GeoDirectory’s (or its affiliates’ or licensors’) liability for: (a) death or personal injury caused by its negligence; or (b) for any other liability that cannot be excluded or limited under applicable law.
6. Intellectual Property Rights
6.1. The Customer Data shall at all times remain the property of the Customer. The Customer warrants that it has all necessary rights, permissions and authorisations to provide the Customer Data to GeoDirectory for GeoDirectory’s use in connection with the provision of the Services. The Customer warrants that the Customer Data does not contain any material of an offensive, obscene, criminal or defamatory nature and that such Customer Data does not infringe, misappropriate or violate any copyright or other intellectual property, privacy or publicity rights of any third party.
6.2. As the between the parties, the Services and the Results (except to the extent the Results consist of the Customer Data) and all other value added elements contributed and/or provided by GeoDirectory in connection with the Services, including all patents, copyrights, trademarks, know-how, trade secrets and other intellectual property rights embodied therein and/or associated therewith, shall remain the sole and exclusive property of GeoDirectory, its affiliates and/or it licensors.
6.3. Subject to these Terms, GeoDirectory hereby grants the Customer a limited, personal, non-transferable, non sublicensable licence to use the Results for the Permitted Purpose.
6.4. The Customer agrees not to interfere or cause any third party to interfere with GeoDirectory’s or its affiliates’ or licensors’ intellectual property rights.
6.5. The Customer agrees not to use any of GeoDirectory’s or its affiliates’ or licensors’ trademarks, trade names, service marks, corporate names or logos on any press release, advertising or marketing materials without in each and every case, GeoDirectory’s express prior written consent.
6.6. Save as otherwise expressly permitted in these Terms for the Permitted Purpose or as otherwise expressly permitted by applicable law, the Customer shall not: (a) make any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Services or the Results; (b) make any translation, adaptation, arrangement and any other alteration of the Services or the Results; (c) make any form of distribution to the public of the Services or the Results, in whole or in part, or of copies thereof; (d) make any communication, display or performance to the public of the Services or the Results; (e) make any reproduction, distribution, communication, display or performance to the public of the results of the acts referred to in clause (b) above; (f) make any extraction (i.e. the permanent or temporary transfer of all or any of the contents of the Services or the Results to another medium by any means or in any form) or re-utilisation (i.e. any form of making available to the public all or any of the contents of the Services or the Results by the distribution of copies, by renting, by online or other forms of transmission) of the Services or the Results or any part thereof; (g) disseminate, sell, give away, hire, lease, offer or expose for sale, distribute or disseminate the data comprised in the Services or the Results or any sub-set of such data, or another product or service wholly or partially derived from any of the foregoing; (h) copy, adapt or reverse compile the whole or any part of the Services or the Results; (i) assign, transfer, sell, lease, rent, charge or otherwise deal in or encumber the Services or the Results or use the Services or the Results on behalf of any third party, or make available the same to any third party without the prior written consent of GeoDirectory; or (j) remove or alter any copyright or other proprietary notice from the Services or the Results.
7. Data Protection
7.1. To the extent any of the Customer Data constitutes personal data (as such term is defined in the DPA), the Customer warrants that in compliance with the DPA: (a) the Customer has obtained any and all consents required in connection with the collection, transfer, use and other processing of such personal data as specified below in this section; and (ii) GeoDirectory and its third party service providers are permitted to use and otherwise process (as such term is defined in the DPA) such personal data for purposes of providing the Services and otherwise in connection with these Terms.
7.2. Notwithstanding the foregoing, the Customer acknowledges and agrees that with the exception of thoroughfare addresses, the Customer is not required to provide personal data to GeoDirectory in order for GeoDirectory to produce the Results and in particular, GeoDirectory does not require, and has no wish to receive, the names or email addresses associated with the thoroughfare addresses that form the subject of each transaction.
7.3. GeoDirectory agrees to process the Customer Data in accordance with these Terms and the DPA.
The Customer hereby agrees to indemnify, defend and hold harmless GeoDirectory and its affiliates and licensors and its and their respective officers, directors, employees and agents, from and against any and all claims, losses, damages, costs, charges, expenses, liabilities, demands, proceedings and actions arising from any act or omission of the Customer, including without limitation: (a) any breach by the Customer of any of these Terms; (b) any unauthorized action or omission of the Customer or its employees, personnel, contractors or agents; (c) any alteration, modification, adjustment or enhancement made by the Customer to the Results; or (d) any combination, connection, operation or use of the Services and/or Results with any equipment, software, documentation or information not supplied by GeoDirectory.
9.1. All charges for the Services are due and payable at the time the Customer places each order for the Services. If for any reason (eg, a credit card payment is rejected) such charges have not been received by GeoDirectory by the time the Results are ready for download by the Customer, GeoDirectory may withhold providing the Results to the Customer until such charges have been paid in full by the Customer.
9.2. All charges shall be exclusive of VAT and any other taxes and/or duties which shall be for the account of the Customer.
9.3. All charges are non-refundable.
10.1. If the Customer sends or transmits any communications or other information to GeoDirectory by post, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Services, including without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback is, and will be treated as, non-confidential and non-proprietary. This means that the Customer gives up any claim that the use of such Feedback by GeoDirectory or its licensees or agents, violates any of the Customer’s rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way GeoDirectory uses such Feedback.
10.2. The Customer hereby assigns all right, title, and interest to GeoDirectory and GeoDirectory is free to use, without any attribution or compensation to the Customer, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. The Customer agrees and understands that GeoDirectory is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and the Customer has no right to compel such use, display, reproduction, or distribution.
11. Force Majeure
Neither party shall be liable to the other party for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any act of God, inclement weather, failure or shortage of power supply, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance, the act or omission of Government, road or other transportation authorities, public or private telecommunication operators or other competent authority, war, military operations or riot, difficulty, delay or failure in supply by third parties of the Services or any part thereof.
12. Changes to the Services
The Customer acknowledges and agrees that the form and nature of the Services which GeoDirectory currently provides may change from time-to-time without prior notice to the Customer. Examples include without limitation, changes to charges and payment terms, additional functionality, reduced functionality, and other enhancements. Any such changes will not be applied retroactively to completed transactions.
13. Changes to these Terms
GeoDirectory may add to, change or remove any part, term or condition of these Terms including changes and payment terms at any time without prior notice to the Customer. It is the Customer’s responsibility to check these Terms periodically for changes. By continuing to use the Services, the Customer indicates its acceptance of such changes. The Customer will be bound by the version of these Terms in effect at the time the Customer places an order for any transaction.
14. Third Party Sites
14.1. The Site and Services may provide links to other web sites that are not owned or operated by GeoDirectory (“Third Party Web Sites”). GeoDirectory provides these links to the Customer as a convenience only, and GeoDirectory does not verify, make any representations concerning, or take responsibility for, such Third Party Web Sites, or the products or services offered through such third party web sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Web Sites. The Customer should use its own independent judgment before accessing and using such Third Party Web Sites, or products or services offered through such third party web sites.
14.3. Any reference on the Site, or through the Services, to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, provider name or otherwise, does not constitute or imply GeoDirectory’s endorsement or recommendation thereof, and the Customer’s use of any Third Party Web Sites and third party product, process, publication, or service is entirely at the Customer’s own risk.
15. Third Party Beneficiaries
The Customer acknowledges and agrees that the benefit of certain of the provisions of these Terms (including without limitation, those provisions addressing confidentiality, indemnity, disclaimer of warranties, limitation of liability and intellectual property rights) are expressed to be not only for the benefit of GeoDirectory, but also for its affiliates and licensors, including without limitation, An Post, Precision Marketing Information Limited, Ordnance Survey Ireland and the Central Statistics Office. The Customer further acknowledges and agrees that each of GeoDirectory’s relevant affiliates and licensors shall be entitled in its or their own right to require by the Customer the due performance of each such provision as aforesaid, and to this end, that GeoDirectory is entering into these Terms not only in its own right, but also as trustee and agent for its relevant affiliates and licensors.
16.1. Failure by GeoDirectory to exercise or enforce any right conferred by these Terms shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or of any other right on any later occasion. Subject to the foregoing, in order to be valid, any waiver provided by GeoDirectory must be in writing and signed by an authorised representative of GeoDirectory.
16.2. This Agreement shall be governed and construed in all respects in accordance with the laws of Ireland and both parties hereby submit to the exclusive jurisdiction of the courts of Ireland in relation to any dispute or other matter concerning these Terms.
16.3. Those provisions of these Terms which by their nature should survive the termination of the Services and / or Customer’s termination of use of the Services (including, without limitation, those terms addressing intellectual property rights, Feedback, warranty disclaimers, indemnity and limitation of liability), shall survive such termination, irrespective of the reason for such termination.
16.4. These Terms constitute the entire agreement of the Customer and GeoDirectory and supersedes and terminates all other prior and contemporaneous agreements and understandings regarding the subject matter hereof. The Customer hereby agrees that it has not, and shall not, seek to rely on any prior representations, agreements, warranties or undertakings made by GeoDirectory that are not expressly incorporated in these Terms.
16.5. If any provision of these Terms shall be deemed by a court of competent jurisdiction to be unenforceable or illegal, it shall be enforced to the extent possible (and the invalid or unenforceable provision shall be replaced with a new provision which closely approximates the lawful intent of the invalid provision) and the remainder of these Terms shall continue in full force and effect.
16.6. In performing their obligations hereunder, the parties are acting as separate and independent entities and neither party is an agent or employee of the other party.
16.7. Headings to provisions in these Terms are for the purpose of information and identification only and shall not be construed as forming part of these Terms.
GeoDirectory may terminate this agreement forthwith if:-
17.1. The Customer being an individual (or where the Customer is a firm, any partner in that firm) whether in Ireland or elsewhere has a bankruptcy petition presented against him or is adjudicated bankrupt, or enters into any composition with his creditors or has a receiving order made against him; or
17.2. The Customer being a body corporate (whether in Ireland or elsewhere) has a winding up petition presented against it or passes a winding up resolution (other than in connection with a members’ voluntary winding up for the purposes of amalgamation or reconstruction which has the prior written approval of GeoDirectory) or resolves to present its own winding up petition or is wound up (whether in Ireland or elsewhere) or has a receiver and/or manager or examiner appointed over any of its property or assets; or
17.3. Any similar action in consequence of debt is taken against or suffered by the Customer; or
17.4. If the Customer brings Capita Business Support Services Ireland Limited, GeoDirectory, An Post and/or Ordnance Survey Ireland or Precision Marketing Information Limited into disrepute or discloses any confidential information relating to the Eircode Products and/or the documentation related thereto or to the business of Capita Business Support Services Ireland Limited, GeoDirectory, An Post and/or Ordnance Survey Ireland.
18.1. The Customer may not assign, delegate, sublicence or otherwise transfer (in whole or in part) any of its rights or obligations under these Terms without in each case, the express prior written consent of an authorised representative of GeoDirectory. Any purported assignment, delegation or transfer in violation of the foregoing shall be null and void.
18.2. GeoDirectory shall be entitled to assign, delegate, sublicence or otherwise transfer these Terms or any of its rights or obligations hereunder without the consent of, or prior notice to, the Customer.
18.3. Subject to the foregoing, these Terms shall be binding upon and enure for the benefit of the parties’ permitted successors and assigns.
All notices and other communications from either party to the other party shall be in writing, and shall be deemed received upon actual delivery addressed to the other party at its registered office in Ireland; provided however, that GeoDirectory may send notices to the Customer via email to any email address provided by the Customer. All notices to GeoDirectory shall be sent to An Post GeoDirectory DAC, The GPO, Lower O’Connell Street, Dublin 1.