TERMS AND CONDITIONS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE GIVEALOCALGIFTCARD.IE (“BUSINESS”) WEBSITE (“SITE”). BY ACCESSING THE SITE AND USING THE SERVICES ON IT YOU (“YOU”), ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN PLEASE DO NOT USE THE APPLICATION.
TERMS AND CONDITIONS:
1. Provision of the Service and How to Contact us
The Business provides a means whereby persons can purchase gift cards online from local retailers (the “Service”).
Full contact details for the Business are as follows:
Contact Address: 4A Harte’s Courtyard, Clonakilty, Co. Cork, Ireland
Email Address: firstname.lastname@example.org
Telephone Number: +353 (0) 87 7657084
2. Licences Granted
At times, and as a result of you using the Site You may upload digital content such as comments, text, postings etc from your experience of using the Service through Facebook and other such public facing networking sites (“Content”) and You hereby grant to the Business a non-exclusive, transferable, revocable, sub-licensable, royalty-free worldwide licence to use the Content subject to the terms and conditions of this Agreement – please note that this license to use the Content ends once You terminate this Agreement under clause 9 below.
You acknowledge that the licence You have granted to the Business under this Agreement entitles the Business to, a) use and publicly display the Content which may include press releases, marketing materials and any products and/or services associated with the Business shall include but not be limited to the Site, b) to use for measurement and business purposes which for the avoidance of any doubt may include posting on social networking sites such as Facebook and Twitter (or similar such mediums) for marketing and promotion and other such business activities.
In return, the Business hereby grants to You a non-exclusive, revocable, non sub-licensable, non-transferable license to use the Site, however, and notwithstanding that permission You hereby acknowledge that all copyright, database rights, website design, trade and service marks, logos and/or names, design rights, know how and all other intellectual property rights (including any material used on the Site) (“Intellectual Property”) in each case whether registered or not belong to the Business (or applicable licensors) and may not be used in any way whatsoever without the prior and written consent of the Business.
The Business fully respects your right to privacy and has a strict policy of complying with the terms of the Data Protection Acts 1988 and 2003. As referred to under clause 2 above, at certain times, and as a result of your interaction with the Site the Business may hold and process personal information obtained about You for the purposes providing You with the Service. By registering with and/or using the Site You consent to this collection and use of your information.
Please note that we may also use this information to send You information about our products and/or services – if at any time You do not wish to receive such information please contact us at email@example.com or by post and we shall immediately cease such communication.
4. Warranties and Indemnity
The Business warrants that it will use all reasonable skill and care in the provision of the Service but makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is always your responsibility to adopt appropriate back-up, firewall and other precautionary security measures.
You warrant and represent that You are the owner or licensee of any Content that You upload, record or otherwise transmit through the Service. You warrant and represent that You shall not publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Service in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (5) use the Service for any illegal purposes whatsoever.
You agree to fully indemnify the Business from and against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of your use of the Service or related to any breach of this Agreement. In addition, You agree to not settle any matter or third party claim without the prior written consent of the Business.
5. Service Availability and Limitation of liability
The Service is provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
The Business reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it and without notice to You – for the avoidance of doubt, your order only constitutes an offer to purchase goods from us and does not form a legally binding contract until accepted by us by way of an emailed acknowledgement to the email address supplied in your registration.
To the maximum extent permitted by law, the Business shall not be liable to You for the use or inability to use the Service, whether in contract, tort (including negligence) or otherwise for:
• any indirect, consequential or special loss or damage whatsoever (even if advised of the possibility of such damages);
• any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage; or
• any other loss or damage in an amount exceeding €50.00 (fifty Euro) in the 12 months preceding the date on which such liability arose.
6. Returns and Period of Validity
In the event that You consider the goods You have purchased using a gift card are faulty or not fit for purpose in some way then the retailer must, under the law, following inspection of the goods, follow a policy of repair, replace and finally, refund under the terms of the Sale of Goods and Supply of Services Act 1980.
All gift cards are valid for a period of two years from the date of issue following which the card will automatically expire – this time limit is clearly printed on the back of each gift card.
Please inform us immediately You become aware of your gift card being lost or stolen or you think your gift card was used without your permission. Please note that neither the Business nor the retailer is responsible for reimbursement if You lose a gift card or it is stolen or damaged.
We reserve the right to suspend or cancel the gift card if we suspect there is a security issue or suspected fraudulent activity in relation to the gift card – we shall advise You if this should be the case.
The Business employs a safe and secure method of ordering on-line and all major credit cards are accepted.
You have a legal right to cancel your unused gift card up to 7 days after You receive it and without charge – this 7 day period is known as a “cooling-off period” any funds remaining on your gift card will be returned to You within 30 days subject to satisfactory checks being completed.
Gift cards cannot be exchanged for cash.
All notices shall be given to the Business via e-mail at firstname.lastname@example.org or by post to the land address as set out under clause 1 of this Agreement.
The Service may contain links to websites and other resources however the Business is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on the Site or elsewhere via the provision of the Service and where we provide links to other websites it is done for your convenience only and shall be at your own risk and we shall not be liable for any damages arising in connection therewith.
This Agreement and your access to the Service may be terminated by the Business at any time or by written notice if (in the sole opinion of the Business) You are in breach of this Agreement and the breach is not properly remedied (which shall also be decided in the sole discretion of the Business) within the period of 7 days after written notice of the breach has been given to You. Please note that You may terminate this Agreement at any time and without having to provide the Business with a reason.
In the event either side terminates this Agreement, permission for one party to use the other party’s Content and Intellectual Property (subject to an intervention by any agency of the law) shall be rescinded, however, You acknowledge that any Content previously posted via the Service may have already been used by third parties (such as Facebook and/or Twitter etc) and posted on other sites and/or feeds – in such situations it is not possible and neither is it the responsibility of the Business to ensure their take-down and/or deletion and the Business assumes no liability whatsoever for the same.
10. Dispute Resolution
Should there be any dispute arising out of this Agreement the parties shall use every effort to agree it informally, however, if that fails to resolve the matter then on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator, the Dublin office of the International Centre for Dispute (“ICDR”) Resolution shall appoint a single independent mediator in accordance with the rules of the ICDR. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Dublin, Ireland. In the event that within a period of 30 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Irish Courts.
11. General, Applicable Law and Jurisdiction
No failure or delay on the part of the Business relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
The Business shall be under no liability to You in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure which includes Act of God and failure of third party delivery agents.
This Agreement (which shall incorporate the Businesses privacy and other policies and/or procedures) contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither You nor the Business shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides. If any parts of this Agreement are held to be invalid, the remaining parts of the Agreement will continue to be valid and enforceable. In the event of any inconsistency between the terms of this Agreement and/or any other third party terms and conditions the terms of this Agreement shall prevail.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Ireland and shall be subject to the exclusive jurisdiction of the Irish courts.