Electronics and Software Policy

1. Status of this Policy:

This Policy forms part of our Agreement with you concerning the use of our Website. For other policies applicable to this Agreement please go to: hello.donedeal.ie/legal-policies/, and all of which you should read carefully before you start to use this Website. By accessing and using this Website, you indicate that you have read, understand and accept that Agreement, and that you agree to abide by its terms and conditions every time you access and use this Website. If you do not agree to all of the terms and conditions of the Agreement you should not use this Website.

2. General rules on all items described in this policy:

2a. This policy is intended to help to protect users of the Website in general from intellectual property infringement. The items described in this policy are considered by DoneDeal.ie to be items which either infringe certain third party intellectual property rights or proprietary rights or that encourage illegal activity.

2b. DoneDeal.ie prohibits the advertisement of items that encourage, promote, facilitate or instruct others to engage in illegal activities. You may not upload or create Content advertising or referring to electronics equipment that fall into this category, including equipment deemed unlawful by the Commission for Communication Regulation (ComReg) in Ireland on the DoneDeal.ie Website.

2c. You must ensure that any advertisement or Content does not infringe the copyrights, trademarks or other intellectual property rights of third parties; examples of items which are prohibited from being advertised on this Website include modified decoder boxes, blocker devices, etc.

2d. If you are responding to an ad on this Website for any item mentioned in this policy then:

as a prospective buyer, it is your responsibility to satisfy yourself:

• of the terms and conditions that apply to that item that you want to buy; and

• that you are legally entitled following purchase to hold and use the item for the purposes described in the advertisement;

• by making appropriate enquiries of the advertiser prior to making your purchase; and

as an advertiser, you must ensure that the laws and terms and conditions that apply to such an item allow you to:

• advertise the item for sale on the Website in the manner set out in your advertisement; and

• sell the item in Ireland and the United Kingdom.

You may report any ads that offend this policy to us using the “Report Ad” mechanism.

In addition to other rights and remedies available to us under this Agreement, if in our view you breach this DoneDeal.ie policy, it may result in the removal of the offending Content from this Website without any notice to you or any refund to you of any fee paid to us.

 

3. Policy on Games and pre-loaded Consoles:

You agree not to advertise counterfeit items, fakes, replicas or unauthorised copies of any computer game (including (but not limited to) any that is backed-up, pre-loaded on a console or other hardware or kit, bootlegged, duplicated or pirated) on this Website.

4. Policy on Harware:

5a. You agree not to advertise counterfeit items, fakes, replicas or unauthorised copies of any hardware on this Website.

5b. You may only advertise second-hand items of hardware on this Website where your ad clearly states that:

• the item is second hand; and

• the item is sold on an "AS IS” basis without any after sales or warranty, if that is the case.

5c. You agree that any ad that you post on this Website that does not contain this wording from this Website anticipates an implied warranty that spare parts and an adequate after-sale service will be made available by you the seller of hardware in such circumstances and for such period as is set in your advertisement on behalf of the manufacturer of the hardware or on its behalf.

5. Policy on Mod chips, game enhancers and boot disks

You agree not to advertise on the Website:

• hardware or software that are boot disks, game enhancers, mod chips, custom firmware that enable backup or import computer games to be played;

• disks that enable DVDs, movies or other materials from any region to be played; and

• custom firmware or software that enables backup or import computer games to be played; devices that bypass security checks during the boot-up sequence of a computer game system so that backup or import games can be played or services to install devices or modify a gaming system in order to play backup or import games can be installed.

6. Policy on CDs and DVDs

You may only advertise items or material on recordable media (which includes items such as VHS tapes, compact discs, audio tapes, CD-Rs, DVDs and DVD-Rs) on this Website where:

• you are a legitimate rights holder in the item or material, or if you are authorised to do so by the legitimate rights holder, its agent or the law; and

• you are authorised to sell the item or material; and

• the item or material is NOT A COPY.

We reserve the right to remove any ad that you post on this Website that does not contain this wording from this Website without notice and without any refund of any fees paid.

7. Policy on Software:

You agree that you will not advertise any computer program on this Website that:

• consists in whole or in part of software that would potentially damage anyone’s computer or other property;

• could be used for malicious, disruptive or illegal purposes like sending spam emails;

• spreads a computer virus; or

• would breach anyone’s privacy or data protecting rights (spyware or cookies, for example).

Please ensure that all your ads relating to software or computer programs clearly state that they are NOT COPIES.  We reserve the right to remove ads posted on this Website that do not contain this wording from this Website without notice and without any refund of any fees paid.

The section above headed “POLICY ON MOD CHIPS, GAME ENHANCERS AND BOOT DISKS POLICY” deals with your additional obligations relating to software to be used with computer games or games consoles.