Terms & Conditions

Introduction:

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Frank Brehany & Frank Brehany Publishing Limited ("FBPL", the owners and operators of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Frank Brehany or FBPL and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Frank Brehany or FBPL and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual Property and Acceptable Use:

All Content included on the Website, unless uploaded by Users, is the property of Frank Brehany or FBPL, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission;
The Trademarks of www.frankbrehany.online and www.frankbrehany.shop include and are not limited to:
1. www.frankbrehany.online and www.frankbrehany.shop;
2. www.frankbrehany.com;
3. Frank Brehany;
4. Activist, Communicator, Opinion;
5. Campaigning Friends;
6. Gaspers;
7. Gaspers - Clean Air for Passengers?;
8. A Magdalene Rose;
9. A Magdalene Rose - Can our secrets and promises ever be reconciled?;
Web-Scraping, Web-Harvesting, Web-Data Extraction, Screen-Scraping, Machine-Learning or any other definition of these activities either by software, algorithm, artificial intelligence, generative artificial intelligence or manual processes from the content of the Website for reproduction or re-creation in any form will be considered a breach of copyright and a breach of the exclusive distribution and operational channel of the Website. The Website supports the investigation and inquiry into Consumer and Magdalene Facts, Policy, Legal and Human Rights issues and the results of that activity is found within the Books, Commentary and Articles published on this Website or within www.frankbrehany.online; those Books, Commentary & Articles presents development and financial opportunities for the Website, Frank Brehany and FBPL and such activities will be deemed to not only be a breach of our Intellectual Property Rights but also potentially leading to lost development or revenue opportunities. Any such activity will be considered to be computer fraud, abuse, damage and loss, interference with our business relations, trespass, harmful access by computer, algorithm, artificial intelligence, generative artificial intelligence, misappropriation, unjust enrichment and unauthorised access to the Website; this list of breaches is not intended to be exhaustive. This clause and these terms and conditions apply to all jurisdictions without exception;
All Commentary and Articles contained on this Website or connected comments made via www.frankbrehany.online or within the posts made through the Social Networks of BlueSky, Twitter/X, Facebook, Threads, Instagram, YouTube or any other Social Network source, or Commentary through Radio, Press or TV Production, in support of the content and work of this Website is date sensitive. It is important to remember that by its very nature, as the Commentary or Articles on this website or social networks is time sensitive, it cannot be wholly or in part relied upon as it is very likely to be subject to change. The Commentary or Articles on this website or social networks is designed to initially highlight issues and to aid your understanding & research on any subject matter. Any content on this website or social networks does not take the place of formal legal advices. It is important therefore to take heed of these terms and conditions and carry out full research and take appropriate legal advices before taking any form of action or legal action. If you fail to do so, then you may well lose your rights provided by Law. All information contained within or through external sources reflects the information at the time the Commentary or Article was published. Please note that all reasonable care is taken in the production of our Commentary or Articles and all information should be checked through external verifiable sources; the right to Honest Opinion is relied upon. No reliance should be placed on our Commentary or Articles and that the User agrees to check all information before making any economic or other decisions;
You may, for your own personal, non-commercial use only, do the following:
1. retrieve, display and view the Content on a computer screen or mobile device;
2. print one copy of the Content;
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the express written permission of Frank Brehany;
1. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, algorithms, artificial intelligence algorithms or activity, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website. Where breaches of these terms or crimes are suspected, the User will be reported to the relevant Authorities and any content submitted by the User will also be supplied to the relevant Authorities without recourse to the User.
You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person, injury to Frank Brehany or injury to the operations of www.frankbrehany.shop; and that you will indemnify Frank Brehany for all claims resulting from Content you supply;
Where purchases of physical or digital products are made through this website, the purchaser accepts that the content of those products are copyrighted by Frank Brehany & FBPL. The purchaser is entitled to use any purchased product for their own personal use. Where a purchaser intends or wishes to use the product for any other purpose, then they must contact Frank Brehany and FBPL and set out their intended other use of the purchased product and obtain written permission from Frank Brehany and FBPL to use any purchased physical or digital product for that intended use other than for personal use. Where a purchased product is intended to form part of a review of the purchased product(s), then the purchaser should write and inform Frank Brehany and FBPL of that intent, setting out the text of the review, the location of the intended review, when that review will be published, a link to that review or publication, and the date of that published review.

Prohibited Use:

You may not use the Website for any of the following purposes which:

in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
is making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration:

You must ensure that the details provided by you on completing our Contact Form, the purchase of any products or through any other form of Registration or through any other process on this website are correct and complete. You should read our Privacy Policy. Users should also note and understand issues about Cookies which are clearly set out in our Privacy Policy;
You must inform us immediately of any changes to the information that you provide when submitting your details via our Contact Form or through any other Purchase/Registration process by advising us or by updating your personal details where this is a feature of Registration to ensure we can communicate with you effectively;
In the event that personal details, through our contact form, purchasing processes or any other form of Registration, we may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions;
Where our site provides purchasing of products, or if our site offers other Registration features in the future, you will be able to cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. We will advise when such a new feature of Registration is available and we shall at that point advise of any available unsubscribe options. If in the future you unsubscribe, you must immediately stop using the Website. Cancellation or suspension of your registration will not affect any statutory rights under any new feature of Registration offered through this website.

Purchasing of Products:

The purchasing of Products both physical and digital are governed by the Electronic Commerce (EU) Regulations 2022, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and The Consumer Rights Act 2015. These regulations provide statutory rights on information we provide to you through this website and your rights concerning the physical or digital products you may purchase from this website.

All the content and artwork in our physical and digital products, are copyrighted by us and remain the intellectual property of Frank Brehany & FBPL. That copyright does not interfere with your right to use and access any physical or digital product that you purchase for your own personal use. For any other uses, please refer to our intellectual property and acceptable use clause above.

When you purchase a physical product, upon receipt of payment, that product will be prepared for delivery and dispatched as per our shipping policy. To receive your goods you should refer to our Shipping Policy at the time of checkout, which may change from time to time, and you are advised to consider how your goods will be delivered, and the costs for that delivery will be paid by you.

When you purchase a digital product, upon receipt of payment, you will receive a link to download your digital product. That link will limit the amount of downloads you may make thereby ensuring that our product is protected along with the principle of fair use. By accepting that link and downloading our product, you accept that you will not be able to cancel your order under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, but other statutory rights exist under the Consumer Rights Act 2015 (see clause below on digital products and our refund policy).

We use third party credit/debit card merchant services to help you complete your purchase of any of our products. You should check your card issuers terms and conditions which govern their services to you; we are not party to any agreement you have with any card issuer and are therefore not bound by those terms and conditions.

Where you purchase products from us, your payment will be made to your card issuer who in turn will pay us for the products you have purchased. You will be responsible for the cost of the products that you purchase along with any shipping or postage and packing charges that apply. If you fail to pay for any goods or shipping charges, we reserve the right to seek those outstanding monies.

Where you order a physical product, arrangements for delivery to you will be made through Royal Mail or a courier service, with the exception of digital products which will be delivered through the receipt of a digital download link upon the completion or your order.

We shall arrange for delivery of your physical product as soon as possible and certainly within 30 days of date you made your order, subject to any limitations that may arise as detailed below. However, details of the delivery times and method of delivery will be stated within your order and our shipping policy.

Deliveries made by the Royal Mail or a courier service can only be considered to be estimates based on the information provided to us by those services. Whilst we shall endeavour to help you to resolve any delivery service problems, complaints or deliveries, you should also consult the terms and conditions of those service companies on how to resolve any issues that may arise.

Once the order for physical products are dispatched or in the case of digital product(s) purchased, you become the owner of the goods dispatched.

For any order placed for a physical product(s) for delivery outside the UK, you shall be the person responsible for making all necessary declarations and you will be the importer of the physical product(s) into that/your country. You shall also be responsible and agree to make/arrange for all customs declarations/clearances, make all payment(s) of any tariff(s) or other customs taxes and any local or sales taxes, or any additional or new charges that may be payable. You accept that we have no control over such additional charges. For any order made and placed for delivery outside the UK, you agree to indemnify Frank Brehany & FBPL in full for any claims made by any of your state authorities for the aforementioned payments/charges and to pay any necessary and reasonable costs associated with such claims incurred by Frank Brehany & FBPL. Before any purchase of digital products from this website, you should check your country's additional charges before making an order with us online.

For any digital goods ordered and paid for on this website, once payment is made, you will receive an e mail confirming your order and how you can download your digital product. Our digital products are created by using the ePub format. You must ensure that your digital devices and reading software are capable of reading this format before purchasing our digital products. We shall not be responsible for a failure by you to ensure that you have the correct device or reading software for ePub digital products. You must not share your purchased digital product(s) beyond the permitted downloads allowed (fair usage), nor are you permitted to alter or manipulate our digital products in any manner whatsoever nor cause or arrange for them to be used, altered, manipulated or used for machine-learning by third parties, artificial intelligence or generative artificial intelligence, in whatever jurisdiction, without exception. A reasonable limitation will be made on the number of downloads you can make; this is to protect the availability and of fair use of the digital product(s) you may purchase. Where a download link does not work or you are unable to access your purchased digital product(s) you must contact us at: frankbrehanyshop@icloud.com within 10 days of placing your order so that we may help you to resolve any difficulties in that download. In the event that such download difficulties are incapable of resolution, we shall inform you and arrange for monies to be paid back to your credit/debit card as soon as possible and in any event, within 30 days of us receiving notice of the difficulties of being able to download your purchased digital product(s). We shall not offer nor pay any compensation for any disappointment experienced. All digital products are created by third parties and by recognised international product standards and all reasonable care has been taken by us to ensure that your downloaded digital product is fit for purpose and does not contain any malware, nor malware from this website. We only use a reputable service providers to deliver our own services to you. Before purchasing or using our digital products, you should ensure that all firewalls and security protections along with any cloud-based protections and security updates contained within your equipment is fully operational and contains the latest software updates and protections. You should also ensure that any digital reading or cloud-based reading software is fully updated and contains the latest security protections. We shall not accept responsibility for any failures connected with a failure by you to fully protect your devices and software or cloud-based software used on those devices. Where it is claimed that a digital download has caused damage to your equipment, you must within 3 working days of any claimed damage (and this must occur within 7 days of your purchase and receipt and download link to your digital product(s)), report such damage to: frankbrehanyshop@icloud.com - you must comply with all requests for information, provide full details of such damage, full details of all device(s) and software, usage history of those devices and software or reading software, firewalls, cloud-based protections and security updates and you must cooperate fully with us when we make any request. We reserve the right to organise the examination of any damage claimed with the assistance of a third party; all reasonable efforts must be made by you to accomodate this reserved right. We also reserve the right to refer any claim for damage arising from the use of a digital product to the third party that created the product, or any other supplier used by us, and refer you to that party/parties. Failure to comply with these conditions shall mean that we shall have no liability to pay you any compensation for any indirect of inconsequential loss for any claimed damage to your equipment and we shall only refund to you any monies paid for the product by refunding such monies to the credit/debit card you used when making your order. In any event, we will not accept receipt of any claims for damage that are made 7 days after your order and receipt of the email containing your digital download link. Where any digital product(s) are ordered for delivery outside of the UK, we refer you to your obligations as to additional charges/tariffs/taxes and any other charges. You shall be the person responsible for making all necessary declarations and you will be the importer of the digital product(s) into that/your country. You shall also be responsible to make/arrange for all customs declarations/clearances, the payment of any tariff(s) or other customs taxes and any local or sales taxes, or any additional or new charges that may be payable. You accept that we have no control over such additional charges. For any order made and placed for delivery outside the UK, you agree to indemnify Frank Brehany & FBPL in full for any claims made by any of your state authorities for the aforementioned payments/charges and to pay any necessary and reasonable costs associated with such claims incurred by Frank Brehany & FBPL. Before any purchase of digital products from this website, you should check your country's additional charges before making an order with us online.

Frank Brehany & FBPL may experience delays in the receipt of products and this may result in a limitation in the number of physical products we may hold. These limitations of availability may be due to a number of reasons, for example, difficulties within the supply chain or indeed limitations imposed on us by our suppliers; this list is not intended to be exhaustive. Where such limitations of physical products occur, we shall inform you of such limitations and where such an order cannot be satisfied, we shall refund monies already paid back to your credit/debit card as soon as possible and by no later than 30 days after you made your order. We will not offer nor pay you compensation for any disappointment experienced.

As of 6 April 2025, we are unable to satisfy any order or deliver physical products to the United States of America due to the uncertainty created by tariffs; this does not include the purchase of any digital product(s). Whilst these terms and conditions create the conditions and obligations upon customers making orders for the delivery of a physical product(s) outside the UK, it has been decided by Frank Brehany & FBPL that physical product(s) orders to the United States must be temporarily suspended until clarity is received as to the conditions associated with any tariff(s) or indeed the threat of further tariff(s). We have provided notice to this effect on our sales pages. Any orders for a physical product(s) placed from any user from the United States, until further notice, will be rejected and any monies paid will be refunded to the credit/debit card used in the placing of any order. We shall continue to review this carefully and make any necessary changes to benefit our customers from the United States.

Where you have purchased a physical product(s) or digital product(s), your rights to cancellation and refunds are contained within our refund policy which also forms part of these terms and conditions.

All data captured during our purchasing processes is governed by our Privacy Policy.

Force Majeure:

In the event of any force majeure event arising, either by natural or man-made means, we reserve the right to change, delay or cease to offer or deliver any item or product from this website, whether that force majeure occurs in this jurisdiction or another. We shall however make all best endeavours to deliver our service or products purchased.

Complaints:

In the event of any complaint or dispute, Frank Brehany & FBPL will make all reasonable endeavours to resolve such complaint or dispute, this is without prejudice to your statutory rights. All complaints must be made in writing and by no later than 7 days after the issue arose. All complaints will be acknowledged within 24 hours and thereafter, investigated and responded to within 14 days. He/they can be contacted via frankbrehanyshop@icloud.com

Links to other Websites

This Website may contain links to other sites, including credit/debit card issuers or their agents during the process of purchasing products from this website. Unless expressly stated, these sites are not under the control of Frank Brehany or FBPL or that of our affiliates;
We assume no responsibility for the content of such Websites or operational systems of those websites including the operation of Artificial Intelligence (AI) or any AI Algorithms used by such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them;
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them;

Use of our Website is also governed by our Privacy Policy which also includes our Cookies Policy, which are incorporated into these terms and conditions under the Reference of Privacy Policy. Please refer to that Policy for further information.

Availability of our Website & Disclaimers

Any online facilities, tools, services or information that Frank Brehany or FBPL makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Frank Brehany is under no obligation to update information on the Website.

Whilst Frank Brehany and FBPL uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Frank Brehany or FBPL accepts no liability for any disruption or non-availability of the Website.

Frank Brehany and FBPL reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of Liability:

Nothing in these terms and conditions will:
1. limit or exclude ours or your liability for death or personal injury resulting from our or your negligence, as applicable;
2. limit or exclude ours or your liability for fraud or fraudulent misrepresentation; or
3. limit or exclude any of ours or your liabilities in any way that is not permitted under applicable law;
4. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control in other words anything arising out of force majeure which shall also include: unforeseen public health crises including any pandemics: any laws, restrictions, changes (including those changed by any aspect of Brexit) or any other instruments created by any governmental authority, in whatever country: any failure caused by artificial intelligence, generative artificial intelligence or artificial intelligence systems or any related algorithms or any inter-related or connected artificial intelligence systems;
To the maximum extent permitted by law, Frank Brehany accepts no liability for any of the following:
1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
2. loss or corruption of any data, database or software;
3. any special, indirect or consequential loss or damage.

General:

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Frank Brehany's & FBPL's details:

Frank Brehany & FBPL of 'The Laurels', Buckholt, Monmouth, NP25 5RZ, Wales operates the Website www.frankbrehany.shop

You can contact Frank Brehany by email on frankbrehanyshop@icloud.com

Attribution:

These terms and conditions were created by using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk) and acknowledging those clauses further amendments have been made to those original clauses within the following sections: Intellectual Property & Acceptable Use, Registration, Links to other Websites, Privacy Policy & Cookies Policy, Frank Brehany's details and Attribution, (with the exception of 'Purchasing of Products which were drafted by Frank Brehany), all of which have been altered by drafts created by Frank Brehany for and on behalf of www.frankbrehany.shop

The effective date for these terms and conditions is 6 April 2025