Visitors to mclearys.touchtakeaway.net are asked to read our Terms and Conditions in full. Individuals, who do not read these terms and conditions should exit this website. McLearys Cafe reserves the right to change the terms, conditions and notices under which McLearys goods are offered.
All images are for illustration purposes only. All images, text, graphics, web site design, visual and audio clips are copyright of McLearys Cafe unless otherwise stated, and you are not authorised to copy, reproduce or alter these images without prior written consent from McLearys Cafe
Notification of Copyright Infringement
McLearys Cafe will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a Notice containing the following elements:
• a physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• a description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
• a description of the location of the material that you claim is being infringed;
• information sufficient to permit McLearys Cafe to contact you, such as your physical address, telephone number and e-mail address;
• a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
• a statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.
You can notify McLearys Cafe of any claims of copyright infringement at the following address:
McLearys Cafe, Cork Road, Waterford, Ireland.
McLearys Cafe and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of McLearys Cafe. All other trademarks, product names and company names or logos cited herein are the property of their respective owners ('Third Party Trade Marks'). You are not permitted to use the McLearys Cafe Trademarks or Third Party Trademarks without the prior written consent of McLearys Cafe or such third parties that may own the Trademarks.
McLearys Cafe may choose to provide links to sites owned by McLearys Cafe and associated companies from time to time and may also choose to provide links to sites that are owned by third parties that are not connected with McLearys Cafe. All links are provided for your convenience only. Access to sites that are owned by third parties is at your own risk and McLearys Cafe has no responsibility or liability for these third party sites.
Use of the Site
Users agree that you will only use our web site in a way which is consistent with our terms and conditions and which complies with applicable laws and regulations. In particular you agree that you will not use our web site to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our web site. You acknowledge that our web site and any goods that you obtain from our web site are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.
You agree to indemnify and hold McLearys Cafe , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable solicitor's fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.
Limitation of Liability
To the fullest extent permitted by applicable laws, neither McLearys Cafe nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if McLearys Cafe have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall McLearys Cafe total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of Republic of Ireland whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this web site from locations outside the Republic of Ireland do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under the law of the Republic of Ireland.
McLearys Cafe has taken all reasonable care in the preparation of the contents on this web site, but makes no representation or warranty of any kind with respect to the operation of the site or the information, content, materials, or products included on this site. To the extent permitted by applicable law, McLearys Cafe makes no warranty, express or implied, as to the accuracy, completeness or currency of the information contained in any of the materials on this web site. McLearys Cafe reserves the right to change price and availability information without notice. McLearys Cafe shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this web site. McLearys Cafe reserves the right to decline orders for bulk or high value purchases. No exclusions of McLearys Cafe liability in these Terms shall apply to any damages arising from death or personal injury caused by the negligence of McLearys Cafe or any of its directors, employees or agents or fraudulent mis-statement.
We may amend this website and our services at anytime with or without notice to you.
McLearys Cafe will use all reasonable endeavours to ensure that this web site is fully operational at all times. However we cannot guarantee that the web site will be fault free. In particular access to this web site may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services. Further, by using this website and any substitute, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of McLearys Cafe and if McLearys Cafe is totally or partially prevented o delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and McLearys Cafe shall be excused the performance for so long as such a situation endures.
We do not store credit card details nor do we share customer details with any 3rd parties.
Collection of Personal Information
When visitors engage in certain activities on our website, such as making enquiries, ordering products your personal profile is maintained in a secure file server. It is completely optional for visitors to the McLearys Cafe website to engage in these actives. You may be required to supply personal information such as your name, contact details and address, when ordering products from our website we use a secure payment system Paymentsense and McLearys Cafe does not hold any customer credit card details.
When you submit personal information to McLearys Cafe it is to ensure that the information collected by McLearys Cafe is used to support your participation in the activities you select. Incidents in which this would occurs would be when registering and purchasing products. In the case of purchasing products the information is used to identify you when you collect your products from us.
Data Protection Policy
McLearys Cafe will hold and use your personal data strictly in accordance with data protection rules as set by the Data Protection Commissioner (www.dataprotection.ie)
1. Obtain and process the information fairly
2. Keep it only for one or more specified and lawful purposes
3. Process it only in ways compatible with the purposes for which it was given to you initially
4. Keep it safe and secure
5. Keep it accurate and up-to-date
6. Ensure that it is adequate, relevant and not excessive
7. Retain it no longer than is necessary for the specified purpose or purposes
8. Give a copy of his/her personal data to any individual, on request.
McLearys Cafe uses secure transaction technology provided by Paymentsense and does not hold any customer card details on any server used by McLearys Cafe at any time. When you are asked to enter any personal details or credit card information the web site will be secure. Your card number will be encrypted and replaced by a unique transaction reference number. Personal information other than credit card details are maintained in a password protected internal secure server, accessible only by a limited number of authorised employees
We do not offer delivery as an option here at McLearys Café.
If you are under 18 you must ask your parent or guardian before you buy anything on the mclearyscafe.touchtakeaway.net website, email the website, send in any information to McLearys Cafe or ask McLearys Cafe to email you anything. By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. However it is the ultimate responsibility or the parent or guardian to ensure that all children under 18 are supervised when online and to ensure that the appropriate parental control tools are put in place. No information collected from anyone under the age of 18 will be used for any marketing or promotional purposes whatever as is stated when you register for competitions or promotions. Notification of a win or prize will be sent directly to the parent or legal guardian, identified in the initial registration process.
If you have any complaints, queries or comments about our web site or our products supplied to you, please contact us through the contact section of our website or alternatively you can contact us at the following address:
122 Parade Quay
Tel: +353 51 853444