YOUR ATTENTION IS ESPECIALLY DRAWN TO THE FOLLOWING PROVISIONS:

• Section 1: Acknowledgement and Acceptance of these Terms
• Section 4: Other Terms That May Apply to You
• Section 7: Services
• Section 8: Right to Cancel
• Section 9: Changes to These Terms
• Section 13: Proprietary Rights
• Section 14: User Conduct and Content
• Section 16: Indemnification
• Section 20: Disclaimer of Warranties
• Section 21: Limitation of Liability
• Section 22: Law and Jurisdiction
• Section 23: Assignment

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS

1.1 By registering and paying for a paid subscription (as defined below) via the Irish Examiner mobile app (the “App”) or by signing in to your Irish Examiner account in the Irish Examiner App, you agree to these terms.

1.2 If you do not agree to these terms, you should not register and/or pay for a paid subscription via the Irish Examiner App and should not sign in to your Irish Examiner account in the Irish Examiner mobile app.

2. WHO WE ARE AND WHAT THESE TERMS DO

2.1 These Digital Products and Services Terms and Conditions together with any other terms which may apply to you as set out at Section 4 below (the “Terms”) are a legally binding agreement between you (the “User” or “you”) and The Examiner Echo Group Limited, a company incorporated under the laws of Ireland, with company number 523712 and registered address 2nd Floor, Linn Dubh, Assumption Road, Blackpool, Cork, Ireland (the “Irish Examiner”, “us” or “we”).

2.2 The Irish Examiner enters into these Terms on its own behalf for its own benefit and as trustee for the benefit of its affiliates.

3. CONTACTING US (INCLUDING FOR TECHNICAL SUPPORT AND WITH COMPLAINTS)

3.1 You can contact us at the above address, by email at subscriptions@examiner.ie (for subscription related queries) or at feedback@examiner.ie (for feedback and complaints) or by telephone on 00353 21 2063300.

3.2 The Apple and Google app stores (collectively “Appstore”) have no obligation to provide maintenance and support services. If you wish to learn more about the App or the Service or have any problems using them, contact us as described above.

3.3 The VAT number of the Irish Examiner is IE1113706JH.

4. OTHER TERMS THAT MAY APPLY TO YOU

4.1 The following documents also form part of these Terms:

1. Our Cookies Policy Cookie Policy - Irish Examiner which sets out information about the cookies used by the App.
2. Our Privacy Policy Privacy Policy - Irish Examiner

5. APPSTORE'S TERMS ALSO APPLY

5.1 The ways in which you can use the App may also be controlled by the Appstore's rules and policies:

• Google Play
• Apple App Store

6. APP OPERATING SYSTEM REQUIREMENTS

6.1 The App requires a mobile device with a minimum Operating System of Android 15 or iOS 7

7. SERVICES

7.1 “Paid Subscription Services” are any of the following: Digital Subscription and Irish Examiner ePaper

7.2 Written confirmation of subscription to any of the Services shall be provided to the User via the email address supplied by the User during the subscription process.

7.3 Please note that only subscription to the Services entitles you to access those services. Registration for any of the other services does not entitle you to access the Services. You may be required to register separately for some of the Services, even if you have already registered for others.

7.4 Other Services (registration may be required) are:

1. Email Newsletters
2. News Alerts
3. Competitions
4. Reader Offers
5. Puzzles

“Paid Subscription Services” and “Other Services” are hereinafter collectively referred to as “Services”.

7.5 Paid Subscription Services Fees :

1. The Paid Subscription Services fee is determined by the Irish Examiner and can be subject to change at our sole discretion including by way of subscription offers and time-limited discounts, subject to no less than 30 days’ notification to the User. If you do not accept the notified changes, you will not be permitted to continue to use the App and the Paid Subscription Service. You may cancel any Paid Subscription Service before the notified change effective date and will be refunded on a pro-rata basis for any prepaid unused period.
2. Event-specific terms will be communicated as part of the promotion of these offers. In these cases, the terms and conditions in relation to individual subscriptions still apply, including the terms set out here detailing how to cancel subscriptions.
3. If a subscription is cancelled, it is cancelled in its entirety. Subscription to any of the paid subscription services is personal to the User and may not be transferred or assigned. By subscribing for the paid subscription services, the User agrees to pay all fees and charges, including applicable taxes. In order to set up an account, the User must provide the Irish Examiner with valid credit card/debit card information, and by providing such information, the User thereby authorises the Irish Examiner to bill all fees, charges and applicable taxes through that account as and when they become due.
4. Any queries regarding billing on a User account must be raised with the Irish Examiner within 30 days of the billing date. All credit card/debit card details are entered on a secured page, and they are securely processed via paypoint.net. The User will be billed in euro. Exchange settlements will be determined by agreements between the User and the credit card/debit card issuer. If the Irish Examiner does not receive payment from the credit card/debit card issuer, the User agrees to pay all amounts due on the User's account upon demand. If we do not receive prompt payment for all fees, charges and applicable taxes, the User will be in default, and we reserve the right to suspend the User's account and access to the paid subscription services without notice.

7.6 Conditions related to Services:

1. You must be 18 years old or over and capable of entering into legal contracts to subscribe for the supply of the Digital Subscription
2. You must be 18 years old or over and capable of entering into legal contracts to subscribe for any of the Irish Examiner’s time-limited discounts
3. In order to subscribe for the supply of the Digital Subscription or time-limited offers/discounts, you must register and set up an account on the App and provide the Irish Examiner with a current valid payment method. The following payment methods are accepted: Mastercard, VISA, JCB, DINERS, VPAY, VISA Electron, Master Card Debit, VISA Debit. Maestro.
4. IN GENERAL, DISCOUNTED OFFERS ARE ONLY AVAILABLE TO FIRST-TIME SUBSCRIBERS. ON OCCASION, WE MAY MAKE DISCOUNTED OFFERS AVAILABLE MORE WIDELY.
5. The Irish Examiner Services are subscription services. You can subscribe for a monthly subscription (“Monthly Subscription”) which will continue month to month, and the Irish Examiner will bill the subscription fee monthly to your payment method unless and until you cancel your subscription or it is terminated by the Irish Examiner.
6. You can also subscribe for an annual subscription (“Annual Subscription”) which will continue year to year, and the Irish Examiner will bill your payment method annually unless and until you cancel your subscription or it is terminated by the Irish Examiner as set out in these Terms.
7. Your payment method will be billed each month in the case of a Monthly Subscription and each year in the case of an Annual Subscription on the calendar day corresponding to the commencement of your initial subscription for the supply of the Digital Subscription. In the event that there is no exact corresponding calendar day in a particular month, the Irish Examiner will bill your Payment Method on the nearest possible corresponding calendar day.
8. If your subscription payment is not successfully settled with the billing period set out at Section 7.6(e) above or you breach any of the Terms the Irish Examiner reserves the right to terminate your subscription with immediate effect.
9. The Irish Examiner reserves the right to decline to supply Digital Subscriptions to any individual or company.
10. Your payment method will be billed in accordance with Apple or Google Play’s terms and conditions.
11. All refunds are paid in accordance with Apple or Google Play’s terms and conditions.
12. For the purpose of the Terms a business day means Monday to Friday 8.00 am to 6.00 pm and any day which is not a public or bank holiday in the Republic of Ireland.

7.7 News Service

The content of this service is provided for informational purposes only and the Irish Examiner makes no warranty as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. In particular, but without limitation, we shall not be responsible or liable for any trading or investment decisions made based on such information.

7.8 Other Services

The Irish Examiner hosts live stream events via a third-party platform, including sports, lifestyle and news events. These are free to view for our paying subscribers. To provide this service to our subscribers in a frictionless manner, we share your login information with our partner platform so that their platform recognises that you are an existing Irish Examiner subscriber.

7.9 Email Newsletters

This free service (for which registration is required) is provided for informational services only and the Irish Examiner makes no warranty as to the accuracy and reliability of any information obtained through this service or that any defects in the service will be corrected.

7.10 News Alerts

This free service by accepting push notifications on the website or in app is provided for informational services only and the Irish Examiner makes no warranty as to the accuracy and reliability of any information obtained through this service or that defects in the service will be corrected.

8. RIGHT TO CANCEL

8.1 Unless otherwise provided within these Terms, if you wish to cancel your subscription, please do so at least 10 business days in advance of your monthly billing date by contacting our Customer Care team by email: subscriptions@examiner.ie or phone: +353 21 2063300. The cancellation will only take effect at the end of your current subscription period. Without prejudice to any rights you may have under applicable law , you are not entitled to a refund if you change your mind after your subscription has started. You will continue to have the same access and benefits of your product for the remainder of your current billing period.

9. CHANGES TO THESE TERMS

9.1 We may need to change these Terms to reflect changes in law or best practice, to deal with additional features which we introduce or for other legal, regulatory or security requirements.

10. YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

11. PERSONAL INFORMATION

11.1 Some Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to do the following:

1. Provide true, current, complete and accurate information about the User as prompted to do so by the Services;
2. Maintain and promptly update this information as required to keep it true, current, complete and accurate.

11.2 If the User provides any information that is untrue, not current, incomplete or inaccurate, or if we have reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, we have the right to suspend or terminate the User's use of the Services. All information requested on original sign up and/or subscription shall hereafter be referred to as “Registration Information”. This Registration Information will be retained by the Irish Examiner, and any of our co-branding partners (if applicable), for no longer than is necessary to provide the Services to the User and for any other purpose to which you have consented.

11.3 Unless the User has agreed to the use of the Registration Information for direct marketing purposes by the Irish Examiner, our co-branding partners or selected third parties, we agree to use the Registration Information only for the purpose of supplying the Services to the User and any other purpose to which you have consented.

11.4 Users can unsubscribe from any of our email marketing communications at any time by clicking on the ‘Unsubscribe’ link that appears in the footer of all our email marketing communications.

11.5 The Irish Examiner does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services that may be obtained from such third parties, and the User agrees that the Irish Examiner shall not have any liability with respect thereof.

11.6 We reserve the right to disclose the Registration Information if required to do so by law, or if we believe in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce these Terms; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of the Irish Examiner, our website users and the public.

12. USER ACCOUNT, PASSWORD AND SECURITY

The User is entirely responsible for maintaining the confidentiality of the User's passwords and accounts, and for any and all activities that occur under the User's accounts or passwords. The User agrees to immediately notify the Irish Examiner of any unauthorised use of the User's accounts or passwords, or any other breaches of security known to the User. We will not be liable for any loss that the User may incur as a result of someone else using or accessing the User's passwords or accounts, either with or without the User's knowledge. However, the User may be held liable for losses incurred by the Irish Examiner or any other party as a result of someone else using or accessing the User's passwords or accounts. The User will not use anyone else's accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following the instructions in the App.

13. PROPRIETARY RIGHTS

13.1 Content other than User Content

The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the “Content”) – contained in either sponsor advertisements or Internet-distributed, commercially produced information presented to the User by the App, the App’s advertisers or other App Users – may be protected by copyright, trademarks, patents or other proprietary rights and laws. Unless otherwise expressly authorised in writing by the Irish Examiner, the User is only granted a limited personal licence for his/her own personal, non-commercial use of the App and Services to view and/or download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute or create derivative works from the Content without expressly being authorized to do so by the relevant copyright owner.

13.2 Content submitted by the User

1. If the User submits content (hereafter referred to as “User Content”) to the Irish Examiner, the User agrees and warrants that he/she created the User Content, or has received permission from, or is duly authorised by, the owner of any part of the User Content to do so.
2. In the event that the User submits User Content to the Irish Examiner, either the User or the owner of the User Content remains the copyright owner. However, by submitting User Content to the Irish Examiner, the User grants us an unconditional, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, fully transferable licence to use, publish or transmit, or to authorise third parties to use, publish or transmit, the User Content in any format and on any platform, either currently known or hereafter invented. For the avoidance of doubt, this licence does not apply to User’s personal data (processed in accordance with our Privacy Policy).

14. USER CONDUCT AND USER CONTENT

14.1 User Conduct

1. The User agrees to not use the App to do any of the following:
   1. Upload, post or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
   2. Harm minors in any way;
   3. Impersonate any person or entity, including but not limited to an irishexaminer.com official, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
   4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services, or develop restricted or password-only access pages, hidden pages or images (those not linked to from another accessible page);
   5. Upload, post or otherwise transmit any User Content that the User does not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
   6. Upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
   7. Upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "Spam", "chain letters", "pyramid schemes" or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
   8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
   10. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
   11. Intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
   12. "Stalk" or otherwise harass another;
   13. Collect or store personal data about other users;
   14. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
   15. Attempt to gain unauthorised access to any Irish Examiner site or service, other User accounts, computer systems or networks connected to any Irish Examiner site or service, through hacking, password mining or any other means;
   16. Create a false identity for the purpose of misleading others.
   17. Reproduce, scrape, automatically summarise or aggregate without licence or prior written permission from the Irish Examiner.

15. USER CONTENT

15.1 The User may be permitted to submit User Content for publication in various areas of the App , including via surveys and forms. The User is deemed to consent to these Terms if the User chooses to submit any User Content. The User understands that all User Content submitted by any other user is the sole responsibility of the user from which it originated. The Irish Examiner has no liability in respect of any User or User Content submitted by other users and published by us or by authorised third parties. The User accepts and agrees that if the User posts User Content on the App or views User Content posted by others, he/she is doing so at his/her own discretion and risk. The User accepts and agrees that the Irish Examiner has no responsibility for the accuracy, integrity or quality of any such User Content or content submitted by other users. The User further accepts and agrees that the views expressed by any User Content do not necessarily reflect the views of the Irish Examiner. The User accepts and agrees that the Irish Examiner has no obligation to pre-moderate, review or monitor any content posted by the User or any other users on the App. The Irish Examiner reserves the right to refuse to publish, to edit or to remove any User Content at our sole discretion. We may remove any User Content at any time.

15.2 Without prejudice to the generality of the foregoing, the User may delete User Content where feasible subject to our archival/back-up practices.

16. INDEMNIFICATION

16.1 To the fullest extent permitted by law, the User agrees to indemnify, defend (at the request of the Irish Examiner), and hold the Irish Examiner, its parent, subsidiaries, affiliates, officers and employees, harmless from and against any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of any of the following:

1. the User's use of the App or Services or any part thereof;
2. breach of these Terms or any provision therein by the User or a third party using the User's account credentials;
3. the Irish Examiner’s publication of any User Content;
4. viewing any User Content by any third party;
5. infringement or misappropriation by the User, or a third party using the User's account credentials, of any account or password to access and/or use the App or the Services;
6. any infringement by the User of any intellectual property rights of any person or entity;
7. use or misuse by the User or third parties of the User's account credentials.

17. MONITORING

The Irish Examiner has no obligation to monitor the App, but reserves the right to do so and to remove any content or material at its sole discretion at any time without notice.

18. MODIFICATIONS AND DISCONTINUANCE OF THE SERVICES

18.1 The Irish Examiner reserves the right at its sole discretion to modify or discontinue the App or some or all of the Services, or any portion thereof, at any time with 30 days’ notice to the User. In the case of modification, the User may cancel any Paid Subscription Service before the notified modification effective date and will be refunded the User on a pro-rata basis for any prepaid unused period.

18.2 In the case of discontinuance of the Prepaid Subscription Services, the User shall be entitled to a pro-rata refund for any prepaid unused period.

18.3 To the fullest extent permitted by applicable law, such refund will be the User’s sole remedy in the case of such modification or discontinuation.

19. THIRD PARTIES

19.1 Advertising

1. The Irish Examiner may serve advertisements to the App or work with a third party to serve the advertisements. Advertisements placed on the App may include but are not limited to banner ads, paid links, pop-up windows, buttons and sponsorships. The User agrees that we have the right to run such advertisements and promotions. The Irish Examiner does not control the content of any services supplied by third parties, and the inclusion of content does not imply endorsement of the third party by the Irish Examiner or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the App or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that the Irish Examiner 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 the App or Services.
2. You can read our cookie policy here and our privacy policy here

19.2 Email Marketing

The Irish Examiner and/or third parties may, from time to time, send email messages to the User containing advertisements, special promotions and other marketing subject to the User's permission. The User must consent to receiving our email messages during the sign in or subscription process or through a link in the App if they wish to receive any email services, newsletters, special promotions or other marketing materials (“Email Programmes”). We reserve the right to partner with any email marketers to provide these Email Programmes. User correspondence or business dealing with advertisers or third parties found on or through the Email Programmes, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that the Irish Examiner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

19.3 Links

The App may contain images of and links to third party websites (“Linked Sites”). Linked Sites are not under the control of the Irish Examiner, and the User agrees that we are not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by the Irish Examiner or any association with its owners or operators. User correspondence or business dealing with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that we 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 the App or Services.

20. DISCLAIMER OF WARRANTIES

20.1 To the fullest extent permitted by applicable law, the Irish Examiner provides the App and the Services on an “as is” and “as available” basis, and the User uses the App and the Services at his/her sole risk.

20.2 To the fullest extent permitted by applicable law, the Irish Examiner shall not be responsible for the effect or result of the introduction or entry of any virus into the App and/or one or any of the Services.

20.3 To the fullest extent permitted by applicable law, the Irish Examiner makes no warranty that the App or Services will meet the User's requirements; nor that the App or Services will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of the App or Services; nor as to the accuracy or reliability of any information obtained through the App or Services; nor that defects in the App or Services will be corrected.

20.4 To the fullest extent permitted by applicable law, the Irish Examiner expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

20.5 To the fullest extent permitted by applicable law, the User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the App or Services is done at the User's own discretion and risk. The Irish Examiner is not responsible for any damage to the User's computer system or loss of data that results from the download of such Content and/or Material.

20.6 To the fullest extent permitted by applicable law, the Irish Examiner makes no warranty regarding any goods or services purchased or obtained through the App or Services or any transactions entered into through the App or Services.

20.7 To the fullest extent permitted by applicable law, the Irish Examiner accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the App or Services.

20.8 No advice or information, whether oral or written, obtained by the User from the App shall create any warranty not expressly made herein.

21. LIMITATION OF LIABILITY

21.1 Nothing in these Terms shall be construed to exclude or limit the Irish Examiner’s liability to the User where it would be unlawful to do so.

21.2 This includes liability under the tort of deceit, for death or personal injury caused by our negligence or wilful misconduct; or any other liability to the extent that, under applicable law, it cannot be excluded or limited.

21.3 Unless it is unlawful to exclude or limit our liability to you in this way, the Irish Examiner shall not be liable to the User in contract, tort or otherwise for any loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data (whether or not such loss or damage was foreseen, foreseeable, known or otherwise) or any indirect or consequential loss howsoever caused whether arising out of, or in connection with, or in relation to or otherwise out of or in connection with or in relation to these Terms or any transaction or matter contemplated by them.

21.4 Unless it is unlawful to limit our liability to you in this way, the Irish Examiner’s total liability in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with or in relation or otherwise out of or in connection with or in relation to these Terms or any transaction or matter contemplated by them is limited to the price paid by the User in respect of the App and/ or the Services in the 12 months preceding the event, which gave rise to the claim.

21.5 If our provision of the Services or support for the App or the Services is delayed by an event outside the Irish Examiner’s control, then Irish Examiner will notify the User as soon as possible, and will take steps to minimise the effect of the delay. In such cases, the Irish Examiner shall not be liable for delays caused by the event. If the event continues for a period of more than 30 consecutive calendar days, the User may cancel any Service and the User will be refunded on a pro-rata basis for any prepaid unused period.

22. LAW AND JURISDICTION

These Terms are governed by Irish law, and a User may bring legal proceedings in respect of the App or the Services in the Irish courts. If the User is domiciled in a country in the European Union, the European Economic Area or Switzerland, the User may choose to bring legal proceedings in the country of their domicile.

23. ASSIGNMENT

23.1 No right may be assigned, and no duty may be delegated by the User under this Agreement except upon the written consent of the Irish Examiner. Any attempted assignment and delegation without such consent shall be null and void.

23.2 The Irish Examiner shall be entitled to assign these Terms. The Iris Examiner shall notify the User in writing in the case of assignment by the Irish Examiner and the Irish Examiner shall ensure that an assignment will not negatively affect the User’s rights under the contract.

24. NO AGENCY

Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.

25. SEVERABILITY

If an arbitrator, court or other competent authority finds any provision of this agreement to be void or unenforceable, it shall be deemed to be deleted from these Terms, and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.

26. WAIVER

Any waiver (express or implied) by either party of any breach of these Terms shall not constitute a waiver of any other or subsequent breach. No provision of these Terms will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice, failure by the Irish Examiner to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

27. TITLES

The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.