You are reading a legal document, which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and Mercury Direct Limited, Larchfield Road, Goatstown, Dublin 14, Ireland (and we refer to ourselves as "SmartShopper.ie", "we" or "us" or "our" in this document). Please read these terms and conditions carefully.
By accessing or using this website or by using any facilities or services made available through it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
We reserve the right to amend these terms and conditions at any time. You may terminate this Agreement by written notice to us (by post or by email) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website will be deemed to constitute acceptance of any new terms and conditions.
The Website and the Service are for non-commercial, personal use only and must not be used for business purposes. If you wish to use information from the website or the service for commercial purposes, please contact us and we will be happy to discuss this with you.
The Service and the Website is made available to you solely to communicate information to you about Supermarkets and goods and services available at those Supermarkets, and allows various types of comparisons to be made between Supermarkets and goods and services available at those Supermarkets. We shall in no circumstances have any liability whatsoever in respect of any interaction or transaction with any supermarkets
Most the functionality of our Service and the Website is about making comparisons across different Supermarkets and/or within the same Supermarket. When we compare goods and services (whether across different Supermarkets or within the same Supermarket), although we try our best to compare any goods and services honestly and fairly, we are dependent on data sourced. We do not warrant, and we exclude all liability in respect of, the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or accessed via the Website or otherwise communicated to you (by email, by hard copy printout from the Website or otherwise). You agree that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to a Supermarket or information as to goods or services shall rest with the Supermarket or manufacturer, and that ultimately if you buy from a Supermarket or decide to buy certain goods or services rather than others (or none at all), the responsibility for doing so is yours alone.
Where we reference a supermarket being Ireland's Cheapest or Best Value Supermarket or Discounter this week, this comparison is based on comparable products (from the latest SmartShopper 200 or SmartShopper 50 database) available for purchase in all supermarkets on our audit date.
We will use reasonable endeavours to ensure that the information relating to goods and services, the cost and details of such goods and services and the data on the Website and/or available through the Service is updated regularly. However, you acknowledge that the guide prices or other information relating to goods and services are not updated on a real time basis and that it is your responsibility to verify actual prices and/or other details with each Supermarket.
We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of a fault in the Service, you should report it by email to us.
Please also note that the price of the goods or services are a guide price (and may change between the time of any comparison and the time of purchase). We use reasonable endeavours to reflect pricing in the full estate of supermarket outlets but due to head office or local initiatives (e.g. Tesco Change for Good and Spot The Difference, SuperValu Sterling Match ..etc..) the prices shown may not be available in all stores from any supermarket group.
Subscription to the service is currently €11.99 for a 12 month period, however we reserve the right to amend this fee in the future for certain services or impose charges for use of aspects of the Service or the Website that were previously included in the initial charge. We allow a 24-hour ‘cooling-off’ period after subscription within which time a refund can be made if a member informs us by email of their intention to cancel their subscription.
We reserve the right to regularly update and amend the products included in SmartShopper 200 and SmartShopper 50 in order to make them most relevant to Irish Grocery shoppers.
You shall indemnify us against each loss, liability or cost incurred by us arising out of any claims or legal proceedings arising from your use of the Service or Website or use of the Service or Website through your password.
We may place advertisements in different locations on the Website and at different points during use of the Service. You are free to select or click on advertised goods and services, or not, as you see fit.
Force Majeure - We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including but not limited to lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
All website design, text, graphics, logos, icons, images, clips, the selection and arrangement thereof, and all software is Copyright © Mercury Direct Limited, ALL RIGHTS RESERVED. SmartShopper.ie is the most comprehensive and independent supermarket, grocery price comparison site in Ireland.
The compilation of all content on this website is the exclusive property of Mercury Direct Limited, trading as www.SmartShopper.ie and protected by Irish and international copyright laws. All software used on this website is the property of Mercury Direct Limited or its software suppliers and is protected by Irish and international copyright laws.Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of using this website as a shopping resource. Any other use of materials on this website - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Mercury Direct Limited is strictly prohibited.
All material and information presented by Mercury Direct Limited is intended to be used for informational purposes only. All page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of www.SmartShopper.ie and may not be used in connection with any product or service that is not offered by www.SmartShopper.ie in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mercury Direct Limited. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Mercury Direct Limited IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Mercury Direct Limited DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Mercury Direct Limited DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
Subscription charges are subject to change without notice. Mercury Direct Limited WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
This site is created and controlled by Mercury Direct Limited in the Republic of Ireland. As such, Irish laws will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Mercury Direct Limited reserves the right to make changes to its website and these disclaimers, terms and conditions at any time. All subscription charges displayed on this website are quoted in Euros (€).
Mercury Direct Limited welcomes your comments and feedback regarding this website and services offered. Any information, materials, suggestions, ideas or comments sent to Mercury Direct Limited will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Mercury Direct Limited an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Mercury Direct Limited will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior approval.