Speed Test Terms and Conditions
The Switcher.ie speed test is owned and managed by Switcher.ie who are based at Suite B02, Fitzwilliam House, 3-4 Upper Pembroke Street, Dublin 2. It is a tool built for users to find out the speed of their own broadband connection and compare it to other broadband users in their area.
We also compile all our broadband speed tests to analyse broadband provider speeds at a national level.
By using our broadband speed test you agree to and accept these conditions and accept our handling of your data.
Intellectual Property Rights
You acknowledge that all design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are the copyright of Switcher Limited and its affiliates or their content and technology providers. All rights are reserved.
You acknowledge that all copyright, database rights and other intellectual property rights in this website and in the Switcher.ie Speed Test and all material published on it are owned by, or are licensed to, Switcher.ie. All such rights are expressly reserved.
All brand names, product names and titles used in this website and in the Switcher.ie Speed Test are the trademarks or trade names of their respective holders. No permission is given in respect of the use of any of the above and moreover any such use may constitute an infringement of the holder’s rights.
Switcher.ie shall comply with the provisions of the Data Protection Act 1998 (“DPA”) and shall not do anything to infringe the DPA.
By using the speed test you agree to and acknowledge that we will collect the following data from you:
- location data or postcode you manually enter;
- your IP address (which is automatically collected from your browser);
- the type of web browser you are using (automatically detected);
- the hostname and/or broadband provider you enter; and
- the rating you give for your broadband provider when you enter your details (“the Data”) for the following purposes:
A. Performing a lookup on a third party broadband availability service or ‘broadband checker’ to query your connection details including your phone exchange and the type of broadband connections available in your area
B. Using your IP and/or postcode details, to geocode your approximate location using Google Maps API and present a pin with the broadband provider you entered and the broadband speed we recorded on your local Google Map;
C. We will present this data collected on our broadband StreetSpeed maps and aggregate results (yours included) on our graphs and use your data (in conjunction with others) to work out average speeds for our users at a local and national level; and
D. We will store all of the Data we collect in a database on our servers.
We may store information about you using cookies (files which are sent by us to your computer or other access device) which we can access when you visit our site in the future.
We do this to learn about repeat visitors and to find out if we are delivering quality products and services therefore improving our service further.
If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies.
Information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you might not be able to access certain areas or features of our site.
We shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of whatsoever nature incurred or suffered by you:
- of an indirect or consequential nature nor
- for any economic loss or other loss of turnover, profits, business or goodwill
Nothing in this Agreement excludes liability for our fraud. Without prejudice to the foregoing we shall not be liable for the following losses or liability you may suffer or face caused by your reliance or use of the speed test:
- your missing a deadline;
- you (or someone on your behalf) suffering loss by reason of inaccuracy or incompleteness of any information or data provided to you;
- you suffering a business loss or being unable to undertake any business activity;
- a third party making a claim against you; or
- a government or regulatory authority imposing a fine, penalty or obligation on you.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders and other partners and employees harmless from any claims, proceedings, actions or demands including reasonable legal fees made by any third party due to or arising out of your use of the Switcher.ie Broadband Speed Test, your connection to this website, your breach of these Speed Test Terms and Conditions or your violation of the rights of another.
We endeavour to maintain and improve the Switcher.ie Speed Test, and ensure the site is devoid of defects however we are not responsible for any consequential loss, errors or omissions occurring within this service. We retain the right to make any appropriate adaptations to the speed test without giving prior notice.
We will endeavour to allow uninterrupted access to the Switcher.ie Speed Test at all times, but access to the speed test may be suspended, restricted or terminated at any one time, we also reserve the right to suspend, modify or remove pages without notice.
You may use the speed test for your personal, commercial or non-commercial use. You may make single copies of pages you see only for personal use, you cannot distribute, replicate in exchange for funds or assets, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the website, except as set forth below. This means that you may not mirror the home page or results pages of the website on your own web site or web page.
Except for allowing you to use the Switcher.ie Speed Test for your personal use as set forth in the paragraph above, when you use the speed test, you are not receiving license or any other rights from us or other companies with which we are affiliated. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER SWITCHER.IE BROADBAND PACKAGE EXCEPT AS WE INDICATE IN THESE TERMS
We expressly prohibit the dissemination of this information by any person or organisation accessing this site to any third party (for profit or otherwise) or any other commercial exploitation by any such user.
We have no control and can provide no guarantee as to the accuracy or quality of the information of sites linked to. As such we in no way endorse the information contained therein or act as an agent for the operators of the sites or bear responsibility or liability for the use or effect of the content of those sites or bear any liability for purchases of goods or services from those sites. You should read the terms and conditions and privacy policies of the sites linked to.
If any provision of these Speed Test Terms and Conditions is found to be unenforceable, it shall be deemed to be deleted and the remaining provisions of these Speed Test Terms and Conditions shall continue to apply.
The Irish Courts will have jurisdiction over any claim arising from or related to this website or speed test and Irish law will apply to these terms and conditions.