TERMS OF SERVICE
Last updated
October 17, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are MyClub360
('Company',
'we', 'us', or 'our'
)
, a company registered in
Ireland
at __________
, Dun Laoghaire
, __________
.
We operate the
website https://myclubireland.com (the
'Site'),
the mobile application MyClub360 (the
'App'), as well as any other related products and services
that
refer or link to these legal terms (the 'Legal
Terms') (collectively, the
'Services').
You can contact us by
email at info@myclubireland.com
or by mail to __________
, Dun Laoghaire
, __________
,
Ireland
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (
'you'), and
MyClub360, concerning your access to and use of the Services. You agree that by accessing
the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO
NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND
YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Services from time to time are hereby expressly incorporated herein by
reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms
from time to time. We will alert
you
about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically review these Legal Terms to
stay
informed of updates. You will be subject to, and will be deemed to have been made aware of and to
have
accepted, the changes in any revised Legal Terms by your continued use of the Services after the
date
such revised Legal Terms are posted.
The Services are
intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age
of
18) must have the permission of, and be directly supervised by, their
parent
or guardian to use the Services. If you are a minor, you must have your
parent or guardian read and agree to these Legal Terms prior to you
using
the Services.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or
use would be contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the Services
from
other locations do so on their own initiative and are solely responsible for compliance with local
laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software,
website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the
trademarks,
service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the
Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES
' section below, we grant you a
non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have
properly gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in
our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content,
or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your
request to: info@myclubireland.com. If we ever grant you the permission
to
post, reproduce, or publicly display any part of our Services or Content, you must identify us as
the
owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you
in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
and contributions
Please review this section and the 'PROHIBITED
ACTIVITIES
' section carefully prior to using
our
Services to understand the (a) rights you give us and (b) obligations you have when you post or
upload
any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
'Submissions'), you agree to assign to us all intellectual property
rights
in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted
use
and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to chat,
contribute
to, or participate in blogs, message boards, online forums, and other functionality during which you
may
create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to
us
or through the Services, including but not limited to text, writings, video, audio, photographs,
music,
graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission
that is
publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services.
When you post Contributions, you grant us a licence (including use of your
name,
trademarks, and logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and licence to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions
(including,
without limitation, your image, name, and voice) for any purpose, commercial, advertising, or
otherwise,
to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in
this
section. Our use and distribution may occur in any media formats and through any media
channels.
This licence
includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us
Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by
linking
your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our
'PROHIBITED ACTIVITIES
' and will not post, send,
publish,
upload, or transmit through the Services any Submission nor
post
any Contribution that is illegal, harassing,
hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or
group,
sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral
rights
to any such Submission and/or Contribution;
- warrant that any such Submission
and/or
Contributions are original to you or that you have
the
necessary rights and licences
to
submit such Submissions and/or Contributions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or
Contributions; and
- warrant and represent that your Submissions
and/or Contributions do not constitute
confidential information.
You are solely responsible
for
your Submissions and/or Contributions and you expressly agree to reimburse us for any and all
losses
that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property
rights, or (c) applicable law.
We may remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall have
the
right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
By using the Services, you represent and warrant
that:
(1) you have the legal capacity and you agree to
comply with these Legal Terms;
(2) you are not under the age of
13;
(3) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (4) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (5) you will not use the Services for any illegal
or
unauthorised purpose; and
(
6) your use of the Services will not violate any
applicable law or regulation.
If you provide
any
information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend
or terminate your account and refuse any and all current or future use of the Services (or
any
portion thereof).
We accept the following forms of payment:
- Visa
- Mastercard
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to
promptly
update account and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed. Sales tax will
be
added to the price of purchases as deemed required by us. We may change prices at any time. All
payments
shall be in Euros.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider for any such
amounts
upon placing your order.
If your order is subject to recurring charges, then you consent to our
charging your payment method on a recurring basis without requiring your prior approval
for
each recurring charge, until such time as you cancel the applicable order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per
person,
per household, or per order. These restrictions may include orders placed by or under the same
customer
account, the same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgement, appear to be placed by dealers, resellers, or
distributors.
5. CANCELLATION
You can cancel your subscription at any time by contacting us using
the
contact information provided below. Your cancellation will take effect at
the
end of the current paid term.
If
you are unsatisfied with our Services, please email us at
info@myclubireland.com
.
You may not access or
use
the Services for any purpose other than that for which we make the Services available. The
Services
may not be used in connection with any commercial endeavours
except those that are specifically endorsed or approved by
us.
As a user
of
the Services, you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile, directly
or
indirectly, a collection, compilation, database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of
the
Services, including features that prevent or restrict the use or
copying
of any Content or enforce limitations on the use of the Services
and/or
the Content contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass,
abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of
abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorised framing of or linking to the
Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital
letters
and spamming (continuous posting of repetitive text), that
interferes
with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
-
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data
gathering and extraction tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that
acts
as a passive or active information collection or transmission
mechanism,
including without limitation, clear graphics interchange formats (
'gifs'
),
1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as 'spyware' or
'passive
collection mechanisms' or 'pcms'
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the
networks
or services connected to the
Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in
providing any portion of the Services to
you.
-
Attempt
to bypass any measures of the Services designed to prevent or
restrict
access to the Services, or any portion of the
Services.
-
Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other
code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making
up
a part of the Services.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper,
or offline reader that accesses the Services, or use or launch any
unauthorised
script or other software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorised use of the Services, including
collecting
usernames and/or email addresses of users by electronic or other
means
for the purpose of sending unsolicited email, or creating user
accounts
by automated means or under false
pretences
.
-
Use
the Services as part of any effort to compete with us or otherwise
use
the Services and/or the Content for any revenue-generating endeavour
or commercial enterprise.
7. USER
GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide
you with the opportunity to create, submit, post, display, transmit,
perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other
material (collectively, 'Contributions'
). Contributions may be viewable by other
users of
the Services and through third-party websites. As such, any Contributions
you
transmit may be treated as non-confidential and non-proprietary. When you
create
or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or copying
of
your Contributions do not and will not infringe the proprietary rights, including but
not
limited to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You are the creator and owner
of or
have the necessary licences
, rights, consents, releases, and permissions to use and to
authorise us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the Services and these
Legal Terms.
- You have the written consent,
release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by
the
Services and these Legal Terms.
- Your Contributions are not
false,
inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorised
advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or
other forms of solicitation.
- Your Contributions are not
obscene,
lewd, lascivious, filthy, violent, harassing,
libellous
, slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not
ridicule,
mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used
to
harass or threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not
violate
any applicable law, regulation, or rule.
- Your Contributions do not
violate
the privacy or publicity rights of any third party.
- Your Contributions do not
violate
any applicable law concerning child pornography, or otherwise intended to protect the
health
or well-being of minors.
- Your Contributions do not
include
any offensive comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
- Your Contributions do not
otherwise
violate, or link to material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use of
the
Services in violation of the foregoing violates these Legal Terms and may result in,
among other things, termination or suspension of your rights to use the
Services.
By posting
your
Contributions to any part of the Services
, you automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host,
use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive,
store, cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without
limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works,
such
Contributions, and grant and authorise
sublicences of the foregoing. The use and
distribution
may occur in any media formats and through any media channels.
This licence will apply
to
any form, media, or technology now known or hereafter developed, and includes our
use of
your name, company name, and franchise name, as applicable, and any of the
trademarks,
service marks, trade names, logos, and personal and commercial images you provide.
You
waive all moral rights in your Contributions, and you warrant that moral rights have
not
otherwise been asserted in your Contributions.
We do not
assert any ownership over your Contributions. You retain full ownership of all of
your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services.
You
are solely responsible for your Contributions to the Services and you expressly
agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any
Contributions; (2) to re-categorise any Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or delete any Contributions at any
time
and for any reason, without notice. We have no obligation to monitor your
Contributions.
9.
MOBILE APPLICATION LICENCE
Use Licence
If you access the Services
via
the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install
and
use the App on wireless electronic devices owned or controlled by you, and to access and use the App
on
such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal
Terms.
You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable
laws,
rules, or regulations in connection with your access or use of the App; (4) remove, alter, or
obscure
any proprietary notice (including any notice of copyright or trademark) posted by us or the
licensors of
the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed
or
intended; (6) make the App available over a network or other environment permitting access or use by
multiple devices or users at the same time; (7) use the App for creating a product, service, or
software
that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use
the
App to send automated queries to any website or to send any unsolicited commercial email; or (9) use
any
proprietary information or any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications, accessories, or devices
for
use with the App.
Apple and Android
Devices
The following terms apply
when
you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the
Services: (1) the licence granted
to
you for our App is limited to a non-transferable licence to use the application on a device that
utilises the Apple iOS or Android operating systems, as
applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of
service;
(2) we are responsible for providing any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application
licence contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to
furnish
any maintenance and support services with respect to the App; (3) in the event of any failure of the
App
to conform to any applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid
for
the App, and to the maximum extent permitted by applicable law, the App Distributor will have no
other
warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you
are
not located in a country that is subject to a US government embargo, or that has been designated by
the
US government as a 'terrorist supporting'
country and (ii) you are not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g.
if you have a VoIP application, then you must not be in
violation of
their wireless data service agreement when using the App; and (6) you acknowledge and agree that the
App
Distributors are third-party beneficiaries of the terms and conditions in this mobile application
licence contained in these Legal
Terms,
and that each App Distributor will have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application
licence
contained in these Legal Terms against you as a third-party
beneficiary
thereof.
10. ADVERTISERS
We allow advertisers to display
their advertisements and other information in certain areas of the Services, such as sidebar
advertisements
or banner advertisements. We simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
11. SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action
against anyone who, in our sole discretion, violates the law or these Legal Terms, including without
limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of
your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability,
to remove from the Services or otherwise disable all files and content that are excessive in size or are in
any
way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our
rights
and property and to facilitate the proper functioning of the Services.
12.
PRIVACY POLICY
We care about data privacy and
security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services,
which
is incorporated into these Legal Terms. Please be advised the Services are hosted in
Ireland
. If you access the Services from any other region of the world with
laws
or other requirements governing personal data collection, use, or disclosure that differ from applicable
laws in
Ireland
, then through your continued use of the Services, you are
transferring
your data to
Ireland
, and you expressly consent to have your data transferred to and
processed in
Ireland
.
Further, we do not knowingly accept, request,
or
solicit information from children or knowingly market to
children.
Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under
the
age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that
information from the Services as quickly as is reasonably
practical.
13. TERM
AND TERMINATION
These Legal Terms shall remain
in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE
OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name,
a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the right to take appropriate
legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without
notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services
will be available at all times. We may experience hardware, software, or other problems or need to
perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right
to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the
Services
or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING
LAW
These Legal Terms are governed
by
and interpreted following the laws of
Ireland
, and the use of the United Nations Convention of Contracts for the International Sales of Goods
is
expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally
possess the protection provided to you by obligatory provisions of the law in your country to residence.
MyClub360 and yourself both agree to submit to the non-exclusive
jurisdiction of
the courts of __________, which means that you may make a claim to defend
your
consumer protection rights in regards to these Legal Terms in
Ireland
, or in the EU country in which you reside.
16. DISPUTE
RESOLUTION
The European Commission provides an online dispute
resolution platform, which you can access. If you would like to bring this subject to our
attention,
please contact us.
17. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without
prior
notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO
AND USE OF THE SERVICES, (3) ANY UNAUTHORISED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD
USE YOUR BEST JUDGEMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
19. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED
OF
THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES
BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH PERIOD PRIOR TO
ANY
CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
20. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth
in
these Legal Terms; (5) your violation of the rights of a
third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with
whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your
expense,
to assume the exclusive defence and
control
of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense,
with
our defence of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
21. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we
provide
to you electronically, via email and on the Services, satisfy any legal requirement that such
communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or
retention
of non-electronic records, or to payments or the granting of credits by any means other than electronic
means.
23. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating
rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall
not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible
by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against
us
by virtue of having drafted them. You hereby waive any and all
defences
you may have based on the electronic form of these Legal Terms and the
lack
of signing by the parties hereto to execute these Legal Terms.
25. CONTACT
US
In order to resolve a complaint regarding the
Services
or to receive further information regarding use of the Services, please contact us at:
MyClub360
Dun Laoghaire
__________
Ireland
info@myclubireland.com