Service Terms & Conditions

Service Terms & Conditions

1. The Services have been arranged by Bank of Ireland and will be provided to you by The Discovery Partnership Limited (TDPL) as sole principal. You acknowledge that Bank of Ireland does not and will not accept any responsibility and/or liability whatsoever to you for TDPL’s level and quality of Services, the outcome of the Services or any other action by TDPL and/or any of its subcontractors.

2. In order to use the Enterprise Builder services, which incorporates the collection of information about your business online, a review of this information, a meeting with you and a report containing key findings,(“Services”), you must firstly be a Bank of Ireland business customer and agree to the Terms. You may not use the Services if you do not accept the Terms.

 

3. You can accept the Terms by:
a. clicking to accept or agree to the Terms; or
b. by actually using the Services. In this case, you understand and agree that (TDPL) will treat your use of the Services as acceptance of the Terms from that point onwards.

4. You hereby consent to TDPL and its or their duly authorised agents, holding, using, disclosing and processing your data in the following ways (where defined terms have the meaning set out at the end of this Clause):
 
     1. Unless you have indicated to the contrary in writing, for direct marketing purposes, to advise you of products or services of TDPL or selected third parties. Unless you indicate to the contrary, to contact you by post, telephone, email, fax or other means (subject to applicable legislation);
     2. To carry out statistical analysis and market research;
     3. To hold, use, disclose and process your data for the purpose of providing Enterprise Builder Services;
     4. To hold, use, disclose and process your data for any other specific purposes where you have given TDPL your specific consent to do so;

In this Clause, your “data” means all and any information which has been provided or will be provided to TDPL, whether by you or by a third party, including in any application forms; provided in further meetings and discussions with you; ongoing data in respect of my relationships with TDPL; or other such data.

5. You understand that at any time you can ask TDPL to stop or change the methods by which TDPL/authorised third parties may send you marketing materials. This can be done free of charge by writing to The Discovery Partnership Limited, 1G, The Atrium Blackpool Business Centre, Blackpool, Cork City.

 

6. The nature of the Services and the content of the advice and report provided will necessarily reflect the specific scope and limitations of our engagement, the amount and accuracy of information provided to us by you and the timescale within which advice is required. 

7. We will not verify or check information provided to us by you, or by others, and you acknowledge that we are entitled to rely on such information when undertaking the Services.

8. If it becomes necessary to engage any third party adviser on your behalf (such as a solicitor, valuer etc.) we will not do so without your prior written consent and your acknowledge that we will not be liable for the advice or services rendered by such third party.  It will be your responsibility to pay the agreed fees and expenses of such third parties.

9. It is your responsibility to ensure we receive complete, accurate and timely information and assistance and to carry out any other obligations ascribed to you or others under your control.

 

10. You agree that any commercial decisions that you make, are not within the scope of our duty of care and in taking such decisions you must take into account the restrictions on the scope of our work and other factors, commercial and otherwise, of which you and your other advisers are, or should be, aware from sources other than our work.

11. Where you give us confidential information we shall keep it confidential. You agree that it will be sufficient compliance with our duty of confidence for us to take such steps as we in good faith think fit to preserve confidential information from misuse both during and after this engagement.  Unless there is a specific agreement to the contrary, the existence of our professional relationship with you shall not be treated as confidential information and we may disclose this fact, and the general nature of our work, to clients, prospective clients or other third parties.  Subject to our duty of confidentiality, you agree that we may act for your competitors or for other clients, whose interests are or may be opposed to yours.

 

12. Neither we nor you will be prevented from disclosing confidential information (a) which is or becomes public knowledge other than by a breach of an obligation of confidentiality; or (b) which is or becomes known from other sources without restriction on disclosure; or  (c) which is required to be disclosed by law or any professional or regulatory obligation.

13. Unless otherwise agreed with you, we may correspond by means of the internet or other electronic media or provide information to you in electronic form.  Because of the inherent risks associated with electronic information (including its transmission by means of the internet or otherwise), we cannot guarantee the security and integrity of any electronic communications or information sent or received in relation to this engagement.  Whilst it is our policy to check our email correspondence and other electronic information with anti-virus software, we similarly cannot guarantee that transmissions or other electronic information will be free from infection.

 

14. TDPL has subcontractors (including, without limitation, professional advisors/mentors) to provide the Services. Sometimes, these subcontractors will be providing the Services to you on behalf of TDPL itself. You acknowledge and agree that such subcontractors will be entitled to provide the Services to you.

15. TDPL may at any time, terminate its legal agreement with you if:

a. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
b. the subcontractor with whom TDPL offered the Services to you has terminated its relationship with TDPL or ceased to offer the Services to you; or
c. Bank of Ireland requests TDPL to cease providing the Services.

 

16. In no circumstances will TDPL have any liability whatsoever to you arising out of these Terms and the provision of Services by TDPL and/or any of its subcontractors. Nothing in this Agreement shall restrict or exclude TDPL’s liability in respect of fraud including fraudulent misrepresentation, for death or personal injury caused by TDPL’s negligence.

17. You acknowledge and agree that TDPL and/or any of its subcontractors are not agents, partners, employees or representatives of the Bank of Ireland nor have any power or authority to incur any obligations of any nature (express or implied) on behalf of the Bank of Ireland. Bank of Ireland and TDPL’s relationship with regard to these Services does not constitute a partnership, association, joint venture or co-operative.

 

18. In no circumstances will Bank of Ireland have any liability whatsoever to you arising out of these Terms or the provision of Services by TDPL and/or any of its subcontractors.

19. The initial consultation, advice and report will be provided to you free of charge.  If you wish to engage further with TDPL, further consultations will take place in confidence with you subject to an additional contract being negotiated for that work and payment of all agreed, associated charges by you.