The Parties agree that
the following Disputes are not subject to the above
provisions concerning informal
negotiations binding arbitration: (a) any Disputes seeking
to enforce or protect, or
concerning the validity of, any of the intellectual property
rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy,
or
unauthorised
use; and (c) any claim for
injunctive relief. If this provision is found
to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute
falling within that portion of this provision found to be
illegal or unenforceable and
such Dispute shall be decided by a court of competent
jurisdiction within the
courts listed for jurisdiction above, and the Parties agree
to submit to the personal
jurisdiction of that court.
16. 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.
17. 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.
18. 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.
19.
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) use of the Services;
(2)
breach of these Legal Terms; (3) any
breach of your representations and warranties set forth in these Legal
Terms;
(4) your violation of the
rights of a
third party, including but not limited to intellectual property rights;
or (5) 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.
20. 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.
21. 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.
22. 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.
23. 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.
24.
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:
Myshopcode Ltd
Inniscarra, Main Street,
Rathcoole, Co.
Dublin
D24 E029
Ireland
Phone:
+353874373240