Terms and conditions
These terms and conditions ("Agreement") set forth the general terms and
conditions of your use of the cultureconnect.ie website ("Website" or "Service")
and any of its related products and services (collectively, "Services"). This
Agreement is legally binding between you ("User", "you" or "your") and Culture
Connect CLG ("Culture Connect CLG", "we", "us" or "our"). By accessing and using
the Website and Services, you acknowledge that you have read, understood, and
agree to be bound by the terms of this Agreement. If you are entering into this
Agreement on behalf of a business or other legal entity, you represent that you
have the authority to bind such entity to this Agreement, in which case the terms
"User", "you" or "your" shall refer to such entity. If you do not have such
authority, or if you do not agree with the terms of this Agreement, you must not
accept this Agreement and may not access and use the Website and Services. You
acknowledge that this Agreement is a contract between you and Culture Connect CLG,
even though it is electronic and is not physically signed by you, and it governs
your use of the Website and Services.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees,
charges, and billing terms in effect at the time a fee or charge is due and
payable. If, in our judgment, your purchase constitutes a high-risk transaction,
we will require you to provide us with a copy of your valid government-issued
photo identification, and possibly a copy of a recent bank statement for the
credit or debit card used for the purchase. We reserve the right to change
products and product pricing at any time. We also reserve the right to refuse any
order you place with us. 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 credit
card, and/or orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at the time the
order was made.
Accuracy of information
Occasionally there may be information on the Website that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions,
availability, promotions and offers. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if
any information on the Website or Services is inaccurate at any time without prior
notice (including after you have submitted your order). We undertake no obligation
to update, amend or clarify information on the Website including, without
limitation, pricing information, except as required by law. No specified update or
refresh date applied on the Website should be taken to indicate that all
information on the Website or Services has been modified or updated.
Advertisements
During your use of the Website and Services, you may enter into correspondence
with or participate in promotions of advertisers or sponsors showing their goods
or services through the Website and Services. Any such activity, and any terms,
conditions, warranties or representations associated with such activity, is solely
between you and the applicable third party. We shall have no liability, obligation
or responsibility for any such correspondence, purchase or promotion between you
and any such third party.
Links to other resources
Although the Website and Services may link to other resources (such as websites,
mobile applications, etc.), we are not, directly or indirectly, implying any
approval, association, sponsorship, endorsement, or affiliation with any linked
resource, unless specifically stated herein. Some of the links on the Website may
be "affiliate links". This means if you click on the link and purchase an item,
Culture Connect CLG will receive an affiliate commission. We are not responsible
for examining or evaluating, and we do not warrant the offerings of, any
businesses or individuals or the content of their resources. We do not assume any
responsibility or liability for the actions, products, services, and content of
any other third parties. You should carefully review the legal statements and
other conditions of use of any resource which you access through a link on the
Website and Services. Your linking to any other off-site resources is at your own
risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from
using the Website and Services or Content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Website and Services, third party
products and services, or the Internet; (h) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to
interfere with or circumvent the security features of the Website and Services,
third party products and services, or the Internet. We reserve the right to
terminate your use of the Website and Services for violating any of the prohibited
uses.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by
statute, common law or equity in or in relation to any copyright and related
rights, trademarks, designs, patents, inventions, goodwill and the right to sue
for passing off, rights to inventions, rights to use, and all other intellectual
property rights, in each case whether registered or unregistered and including all
applications and rights to apply for and be granted, rights to claim priority
from, such rights and all similar or equivalent rights or forms of protection and
any other results of intellectual activity which subsist or will subsist now or in
the future in any part of the world. This Agreement does not transfer to you any
intellectual property owned by Culture Connect CLG or third parties, and all
rights, titles, and interests in and to such property will remain (as between the
parties) solely with Culture Connect CLG. All trademarks, service marks, graphics
and logos used in connection with the Website and Services, are trademarks or
registered trademarks of Culture Connect CLG or its licensors. Other trademarks,
service marks, graphics and logos used in connection with the Website and Services
may be the trademarks of other third parties. Your use of the Website and Services
grants you no right or license to reproduce or otherwise use any of Culture
Connect CLG or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an "as is" and "as available" basis and
that your use of the Website and Services is solely at your own risk. We expressly
disclaim all warranties of any kind, whether express or implied, including but not
limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service will be uninterrupted, timely, secure, or error-
free; nor do we make any warranty as to the results that may be obtained from the
use of the Service or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be corrected. You
understand and agree that any material and/or data downloaded or otherwise
obtained through the use of Service is done at your own discretion and risk and
that you will be solely responsible for any damage or loss of data that results
from the download of such material and/or data. We make no warranty regarding any
goods or services purchased or obtained through the Service or any transactions
entered into through the Service unless stated otherwise. No advice or
information, whether oral or written, obtained by you from us or through the
Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Culture
Connect CLG, its affiliates, directors, officers, employees, agents, suppliers or
licensors be liable to any person for any indirect, incidental, special, punitive,
cover or consequential damages (including, without limitation, damages for lost
profits, revenue, sales, goodwill, use of content, impact on business, business
interruption, loss of anticipated savings, loss of business opportunity) however
caused, under any theory of liability, including, without limitation, contract,
tort, warranty, breach of statutory duty, negligence or otherwise, even if the
liable party has been advised as to the possibility of such damages or could have
foreseen such damages. To the maximum extent permitted by applicable law, the
aggregate liability of Culture Connect CLG and its affiliates, officers,
employees, agents, suppliers and licensors relating to the services will be
limited to an amount greater of one euro or any amounts actually paid in cash by
you to Culture Connect CLG for the prior one month period prior to the first event
or occurrence giving rise to such liability. The limitations and exclusions also
apply if this remedy does not fully compensate you for any losses or fails of its
essential purpose.
Indemnification
You agree to indemnify and hold Culture Connect CLG and its affiliates, directors,
officers, employees, agents, suppliers and licensors harmless from and against any
liabilities, losses, damages or costs, including reasonable attorneys' fees,
incurred in connection with or arising from any third party allegations, claims,
actions, disputes, or demands asserted against any of them as a result of or
relating to your Content, your use of the Website and Services or any willful
misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall
be applicable and binding only to the extent that they do not violate any
applicable laws and are intended to be limited to the extent necessary so that
they will not render this Agreement illegal, invalid or unenforceable. If any
provision or portion of any provision of this Agreement shall be held to be
illegal, invalid or unenforceable by a court of competent jurisdiction, it is the
intention of the parties that the remaining provisions or portions thereof shall
constitute their agreement with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes
arising out of it shall be governed by the substantive and procedural laws of
Ireland without regard to its rules on conflicts or choice of law and, to the
extent applicable, the laws of Ireland. The exclusive jurisdiction and venue for
actions related to the subject matter hereof shall be the courts located in
Ireland, and you hereby submit to the personal jurisdiction of such courts. You
hereby waive any right to a jury trial in any proceeding arising out of or related
to this Agreement. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website
and Services at any time, effective upon posting of an updated version of this
Agreement on the Website. When we do, we will revise the updated date at the
bottom of this page. Continued use of the Website and Services after any such
changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and
conditions. By accessing and using the Website and Services you agree to be bound
by this Agreement. If you do not agree to abide by the terms of this Agreement,
you are not authorized to access or use the Website and Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to
contact us concerning any matter relating to it, you may do so via the contact
form, send an email to cultureconnect@ymail.com or write a letter to The Barbican
Centre, William Street, Drogheda, Co Louth
This document was last updated on January 24, 2021