Terms and Conditions of Use
Welcome to Tuatha, the archaeological, historical and heritage entertainment subscription service (“Tuatha”) brought to you by Travel Guides Limited, operating as Abarta Heritage, (“we” and corresponding phrases such as “us” and “our” shall be construed accordingly). We are a private company limited by shares, incorporated in Ireland with company number 509558 and registered address at 11/12 Peter Street, Clonmel, County Tipperary, E91 F662.
These Terms should be read in conjunction with our , and , in addition to our , which together make up the “Agreement”; between us. BY ACCESSING AND USING TUATHA, YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE WITH THE AGREEMENT, YOU SHOULD NOT USE TUATHA OR ANY OF THE INFORMATION OR CONTENT ON TUATHA.IE.
FROM TIME TO TIME, WE MAY REFINE OR CHANGE ASPECTS OF THE AGREEMENT AND ANY REVISED TERMS OR POLICIES WILL BE MADE AVAILABLE TO YOU AT AND A NOTIFICATION OF SUCH CHANGES DISPLAYED IN A PROMINENT PLACE ON THE WEBSITE. PLEASE TAKE A MOMENT TO READ THE CHANGES. IF YOU CONTINUE TO USE ABARTA HERITAGE & TUATHA AFTER WE MAKE THE CHANGES, YOU WILL BE DEEMED TO AGREE TO THE CHANGES. IF YOU DO NOT AGREE TO THE CHANGES, YOU SHOULD NOT USE TUATHA OR OTHER CONTENT ON THE WEBSITE.
Certain words and phrases in these Terms have specific definitions when they start with a capital letter. Where a defined term is used, it has the meaning given to it in the relevant clause of these Terms.
If you have any questions about any of the above, please contact us using the contact details at the end of these Terms.
1. Fees & Payments
1.1. Access to certain features and functionalities of the website and Tuatha are free (“Free Subscription”), while others require a one-time purchase or a recurring payment subscription (“Paid Subscription”). Details of the subscription types, billing periods, the features of each Subscription type and the fees payable in respect of each subscription type (the “Fees”) are described in the Pricing Schedule.
1.2. You acknowledge and agree to use only payment means (credit cards or others) which you are duly and fully authorised to use.
1.3. All Fees payments are processed through Stripe and we do not collect any information on your method of payment (e.g. the credit card you used). You acknowledge and agree that your payment is subject to the Stripe Services Agreement – Ireland (see the ). By making a Subscription Fee payment or a Gift Certificate payment, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. We shall have no liability in contract, tort (including, without limitation, negligence) or otherwise for any loss or cost suffered or incurred by you arising out of or in connection with your use of Stripe services.
1.4. Written confirmation of Free or Paid Subscription shall be provided to you at the e-mail address supplied during registration.
1.5. Written confirmation of a Gift Certificate payment shall be provided to you at the e-mail address supplied during purchase.
2. Cancellation & Refunds
You have a period of:
(a) thirty (30) calendar days from the date on which you purchased the Gift Certificate in the case of an Annual Gift Certificate; and
(b) seven (7) calendar days from the date on which you purchased the Gift Certificate in the case of a Monthly Gift Certificate.
to cancel your Purchase and receive a full refund of the Purchase Fee.
2.2. VOUCHER EXPIRY:
The Gift Certificate must be redeemed within FIVE YEARS from date of purchase.
FOLLOWING THE EXPIRY OF THE ABOVE PERIOD, THE GIFT CERTIFICATE IS NO LONGER DEEMED VALID.
2.3. DURATION OF MEMBERSHIP
The Recipient of a Gift Certificate is entitled to:
(a) in the case of an annual Gift Certificate, twelve months (365 days) access to the website , along with all associated membership benefits, from the date the Gift Certificate is redeemed at registration (i.e. from the first time they register and log in to the site); and
(b) in the case of a monthly Gift Certificate, thirty (30) days access to the website , along with all associated membership benefits, from the date the Gift Certificate is redeemed at registration (i.e. from the first time they register and log in to the site).
3.1. In order to use Tuatha and other content on the website, you must be over the age of 18 and able to enter into a contract and you are required to register for an account by providing your name, your email address and password of your choosing.
3.2 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.3. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
3.4. NAMES, EMAIL ADDRESSES AND OTHER PROFILE INFORMATION MUST NOT:
- BE OBSCENE OR OFFENSIVE,
- INFRINGE ANY THIRD PARTY RIGHTS, OR
- OTHERWISE (IN OUR ABSOLUTE DISCRETION) BE CONSIDERED INAPPROPRIATE.
3.5. When you register on the Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone. We will be entitled to treat any action carried out through your account as being carried out by you. You must notify us immediately if you have reason to believe that your account details may have been compromised or used by any other person without your permission.
3.6. If we have reason to believe that there is or is likely to be any misuse of Tuatha or the Website and Content (as defined below) or breach of security, we may require you to change your password and/or suspend your Subscription (as defined below).
4. Your Use of Tuatha & The Website
4.1. YOU ACKNOWLEDGE AND AGREE THAT TUATHA AND THE WEBSITE IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. FOR THE AVOIDANCE OF DOUBT, NO MATERIAL AND CONTENT (SUCH AS, WITHOUT LIMITATION, OUR ONLINE COURSE AND LECTURES, THE VIRTUAL TOURS, OUR “HOW-TO” VIDEOS, ITINERARIES FOR TRIPS, SOUNDSCAPES, ETC) PROVIDED ON THE WEBSITE (THE “CONTENT”) IS ACCREDITED AND NOR SUITABLE FOR THE PURSUIT OF PROFESSIONAL OR EDUCATIONAL QUALIFICATIONS. IT IS UP TO YOU TO CONSIDER AND DECIDE WHETHER USE OF TUATHA OR THE WEBSITE IS APPROPRIATE FOR YOU OR NOT.
4.2. BY USING THE TUATHA AND THE WEBSITE, YOU REPRESENT, WARRANT AND UNDERTAKE TO US THAT YOU SHALL NOT, NOR ALLOW ANY THIRD PARTY TO:
(a) MAKE COPIES, DUPLICATE, MODIFY, CREATE DERIVATIVE WORKS FROM OR DISTRIBUTE ALL OR ANY PORTION OF THE WEBSITE AND THE CONTENT;
(b) ATTEMPT TO REVERSE COMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE REDUCE TO HUMAN PERCEIVABLE FORM ALL OR ANY PART OF THE WEBSITE;
(c) MAKE ALTERATIONS TO, OR MODIFICATIONS OF, THE WHOLE OR ANY PART OF THE WEBSITE, OR PERMIT IT TO BE COMBINED WITH, OR BECOME INCORPORATED IN ANY OTHER PROGRAMS;
(d) ACCESS, USE OR COPY ALL OR ANY PART OF THE WEBSITE OR THE CONTENT IN ORDER TO BUILD A PRODUCT OR SERVICE WHICH COMPETES WITH TUATHA OR OUR BUSINESS;
(e) SELL, RESELL, TRADE OR OTHERWISE PROVIDE ACCESS TO THE WEBSITE AND/OR THE CONTENT TO THIRD PARTIES OR OTHERWISE FURNISH THIRD PARTIES WITH ACCESS TO ANY LOGIN DETAILS IN RESPECT OF TUATHA OR THE CONTENT;
(f) LICENSE, SELL, RENT, LEASE, TRANSFER, ASSIGN, DISTRIBUTE, DISPLAY, DISCLOSE, OR OTHERWISE COMMERCIALLY EXPLOIT TUATHA, THE WEBSITE OR THE CONTENT;
(g) USE TUATHA, THE WEBSITE OR THE CONTENT FRAUDULENTLY, MALICIOUSLY OR IN ANY UNLAWFUL MANNER OR FOR ANY UNLAWFUL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THESE TERMS;
(h) USE THE WEBSITE IN ANY WAY THAT INTERRUPTS OR IMPAIRS THE WEBSITE’S PERFORMANCE OR RENDERS THE WEBSITE LESS EFFICIENT;
(i) USE THE WEBSITE TO TRANSFER FILES THAT CONTAIN VIRUSES, TROJANS OR OTHER MALICIOUS CODE;
(j) USE THE WEBSITE TO ACCESS OR ATTEMPT TO ACCESS THE ACCOUNTS OF ANY OTHER TUATHA USERS OR TO PENETRATE OR ATTEMPT TO PENETRATE ANY SECURITY MEASURES;
(k) USE OUR INTELLECTUAL PROPERTY RIGHTS IN ANY WAY OR MENTION US IN ANY PUBLICATION, WEBSITE, PRESS RELEASE OR OTHER MEDIA WITHOUT OUR PRIOR WRITTEN CONSENT. FOR THE PURPOSES OF THESE TERMS “INTELLECTUAL PROPERTY RIGHTS” INCLUDES ANY PATENT, TRADE OR OTHER MARK, REGISTERED DESIGN, TOPOGRAPHY RIGHT, COPYRIGHT, DATABASE RIGHT OR ANY OTHER RIGHT IN THE NATURE OF ANY OF THE FOREGOING (OR APPLICATION, OR RIGHT TO APPLY FOR, ANY OF THE FOREGOING), AND TRADE OR BUSINESS NAME, INVENTION, DISCOVERY, IMPROVEMENT, DESIGN, TECHNIQUE, CONFIDENTIAL PROCESS OR INFORMATION OR KNOW HOW, IN EACH CASE SUBSISTING ANYWHERE IN THE WORLD AND WHETHER REGISTERED, UNREGISTERED OR UNREGISTERABLE, AND ANY LICENCE OR RIGHT OF USER OF ANY OF THE FOREGOING, AND THE FULL RIGHT TO ALL LEGAL PROTECTION RELATING TO THE SAME; OR
(l) USE TUATHA, THE WEBSITE OR THE CONTENT TO INFRINGE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
4.3. WE RESERVE THE RIGHT, IN OUR ABSOLUTE DISCRETION, WITHOUT PRIOR NOTICE TO YOU OR LIABILITY ON OUR PART AND WITHOUT PREJUDICE TO OUR OTHER RIGHTS AGAINST YOU, TO REJECT, PREVENT, TERMINATE OR SUSPEND YOUR USE OF AND ACCESS TO TUATHA, THE WEBSITE OR THE CONTENT IF WE BELIEVE THAT YOU HAVE BREACHED ANY WARRANTY, REPRESENTATION OR UNDERTAKING CONTAINED IN THIS CLAUSE 4.
4.4. NOTHING IN THESE TERMS SHALL OPERATE TO ASSIGN OR TRANSFER TO YOU ANY INTELLECTUAL PROPERTY RIGHTS LICENSED OR BELONGING TO US. YOU ACKNOWLEDGE AND AGREE THAT WE AND/OR OUR LICENSORS OWN ALL INTELLECTUAL PROPERTY RIGHTS IN TUATHA, THE WEBSITE AND THE CONTENT AND IN ALL OTHER MATERIALS AND/OR DOCUMENTS, CREATED BY AND BELONGING TO US AND/OR OUR LICENSORS. NOTHING IN THESE TERMS GRANTS YOU ANY RIGHTS, TITLE AND/OR INTEREST IN AND TO ANY OF THE AFOREMENTIONED INTELLECTUAL PROPERTY RIGHTS OTHER THAN AS NECESSARY FOR YOUR ENJOYMENT OF TUATHA OR THE WEBSITE.
4.5 USE OF TUATHA REQUIRES A COMPUTER OR OTHER LIKE DEVICE AND INTERNET ACCESS CONNECTED THROUGH AN INTERNET SERVICE PROVIDER WITH A WEB BROWSER.
5.1. From time to time, we may elect to provide online an online community, such as online message board, chat room and/or other interactive forums (collectively “Community”) that can be accessed and contributed to by certain registered users of Tuatha. This Community provides opportunities to interact with your peers in order to share knowledge, news and information about Tuatha, the Website and the Content.
5.2 YOU EXPRESSLY AGREE NOT TO USE ANY PART OF THE COMMUNITY TO:
(a) POST CONTENT THAT IS UNLAWFUL, MALICIOUS, MISLEADING, DEFAMATORY, HARMFUL, THREATENING, ABUSIVE, HARASSING, VULGAR, OBSCENE, LIBELLOUS, OBJECTIONABLE, INAPPROPRIATE, IMPROPER, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE;
(b) IMPERSONATE ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, US OR OUR EMPLOYEE, OR FALSELY STATE OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH ANY PERSON, GROUP OR ENTITY;
(c) FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY CONTENT SUBMITTED TO ANY PART OF THE COMMUNITY;
(d) POST ANY CONTENT THAT YOU DO NOT HAVE A RIGHT TO MAKE AVAILABLE UNDER ANY LAW OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS (SUCH AS INSIDE INFORMATION, PROPRIETARY AND CONFIDENTIAL INFORMATION LEARNED OR DISCLOSED AS PART OF EMPLOYMENT RELATIONSHIPS OR UNDER NON-DISCLOSURE AGREEMENTS);
(e) POST ANY CONTENT THAT INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS;
(f) POST ANY UNSOLICITED OR UNAUTHORISED ADVERTISING, PROMOTIONAL MATERIALS, “JUNK MAIL,” “SPAM,” “CHAIN LETTERS,” “PYRAMID SCHEMES,” OR ANY OTHER FORM OF SOLICITATION;
(g) POST ANY MATERIAL THAT CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT;
(h) ACT ILLEGALLY OR UNETHICALLY
(i) INTENTIONALLY OR UNINTENTIONALLY VIOLATE ANY APPLICABLE LOCAL, NATIONAL OR INTERNATIONAL LAW, RULE, REGULATION OR POLICY; OR
(j) COLLECT OR STORE PERSONAL DATA ABOUT OTHER USERS.
5.3 YOU ARE SOLELY RESPONSIBLE FOR ANY TRANSMISSIONS YOU MAKE WHEN USING THE COMMUNITY.
5.4 WE MAY BE EDIT, MOVE, DELETE OR REMOVE POST MADE VIA THE COMMUNITY AT ANY TIME AND FOR ANY REASON OR NO REASON AND WITHOUT NOTICE TO YOU. WE ARE NOT OBLIGATED TO PROVIDE YOU WITH ANY REASON OR EXPLANATION FOR ANY POST BEING EDITED, MOVED, DELETED OR REMOVED. THERE IS NO MEANS OF APPEAL FOR ANY POST THAT IS EDITED, MOVED, DELETED OR REMOVED FROM THE COMMUNITY.
5.5 WE RESERVE THE RIGHT TO TEMPORARILY OR PERMANENTLY WITHDRAW YOUR COMMUNITY ACCESS AT ANY TIME AND FOR ANY REASON OR NO REASON. WE ARE NOT OBLIGATED TO PROVIDE YOU WITH ANY REASON OR EXPLANATION FOR ANY SUCH ACCESS WITHDRAWAL.
5.6 WE DO NOT GUARANTEE A RESPONSE TO ANY POST ON THE COMMUNITY.
5.7 WE DO NOT MAKE ANY WARRANTY OR GUARANTEE THAT ANY INFORMATION POSTED ON ANY PART OF THE COMMUNITY, WHETHER OR NOT SUCH POSTING IS MADE BY US, IS ACCURATE, COMPLETE OR IN ANYWAY RELIABLE.
6. Website Functionality
6.1 YOU ACKNOWLEDGE AND AGREE THAT WE MAY, AT OUR ABSOLUTE DISCRETION, REVISE, OR OTHERWISE MODIFY, TEMPORARILY OR PERMANENTLY, THE WEBSITE AND/OR TUATHA OR ANY PART OF THE WEBSITE OR TUATHA. WE WILL TRY TO GIVE YOU REASONABLE NOTICE OF ANY MAJOR CHANGES. YOU MAY CHOOSE TO ACCEPT OR DECLINE OUR CHANGES TO TUATHA OR THE WEBSITE BY CONTINUING OR DISCONTINUING USE OF TUATHA OR THE WEBSITE. YOUR USE OF TUATHA OR THE WEBSITE AFTER WE MAKE ANY CHANGES TO THEM SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
6.2 We may from time to time and at our absolute discretion perform maintenance upon the Website or experience hardware, software or other problems related to the Website, resulting in interrupted Tuatha or Website service or delays or errors in Tuatha or the Website. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will always be provided.
6.3 EACH OF TUATHA AND THE WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM ANY COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE. WHILE WE MAKE EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE TUATHA OR THE WEBSITE, WE MAKE NO WARRANTY THAT:
(a) TUATHA OR THE ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; OR
(b) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF TUATHA OR THE WEBSITE WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.
6.4 NOTHING MADE AVAILABLE ON THE WEBSITE IS INTENDED TO PROVIDE EDUCATIONAL, LEGAL, ACCOUNTING, TAX, BUSINESS, OR FINANCIAL OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT YOUR OWN PROFESSIONAL ADVISORS ON SUCH MATTERS.
7. Linking to the Website
7.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
7.2. YOU SHALL NOT ESTABLISH A LINK IN SUCH A WAY AS TO SUGGEST ANY FORM OF ASSOCIATION, APPROVAL OR ENDORSEMENT ON OUR PART WHERE NONE EXISTS.
7.3. YOU SHALL NOT ESTABLISH A LINK TO OUR WEBSITE IN ANY WEBSITE THAT IS NOT OWNED BY YOU.
7.4 OUR WEBSITE SHALL NOT BE FRAMED ON ANY OTHER SITE, NOR MAY YOU CREATE A LINK TO ANY PART OF OUR WEBSITE OTHER THAN THE HOME PAGE.
7.5 WE RESERVE THE RIGHT TO WITHDRAW LINKING PERMISSION WITHOUT NOTICE.
7.6 If you wish to link to or make any use of content on our Website other than that set out above, please contact us at our contact details below, preferably by email at firstname.lastname@example.org.
8. Links to Third Party Websites
8.1. The Website (and emails that we send to you in connection with Tuatha or the website) may include links to third party websites, applications and/or other digital properties (“Third Party Properties”) that are controlled and maintained by third parties. IF YOU DECIDE TO VISIT ANY THIRD PARTY PROPERTY OR USE A SERVICE MADE AVAILABLE THROUGH, OR PURCHASE PRODUCTS VIA, A THIRD PARTY PROPERTY, YOU DO SO AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO SATISFY YOURSELF AS TO THE REPUTATION OF THE RELEVANT THIRD PARTY AND THE SERVICES THEY OFFER. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON THIRD PARTY PROPERTIES. LINKS THAT WE MAKE AVAILABLE DO NOT IMPLY THAT WE ARE, OR OUR WEBSITE IS, AFFILIATED TO, ASSOCIATED WITH, OR ENDORSING OR ENDORSED BY SUCH WEBSITES OR SERVICES.
8.2. Your interaction with any Third Party Property is subject to the relevant third party’s own terms and policies. In particular, third parties will process your personal data in accordance with their own privacy notices. Please read all applicable terms and polices of the relevant third party before using a Third Party Property and/or using a service made available through, or purchasing products via, a Third Party Property.
THESE TERMS ARE PERSONAL TO YOU AND YOU MAY NOT ASSIGN RIGHTS OR OBLIGATIONS CONTAINED IN THESE TERMS OR YOUR RIGHTS RELATED TO TUATHA OR THE WEBSITE TO ANY OTHER PARTY. WE EXPRESSLY RESERVE THE RIGHT TO ASSIGN THESE TERMS AND TO DELEGATE ANY OF OUR OBLIGATIONS UNDER THESE TERMS, IN OUR ABSOLUTE DISCRETION AND WITHOUT YOUR CONSENT. WE MAY ALSO ASSIGN OR DELEGATE CERTAIN OF OUR RIGHTS AND RESPONSIBILITIES UNDER THESE TERMS TO INDEPENDENT CONTRACTORS OR OTHER THIRD PARTIES IN OUR ABSOLUTE DISCRETION AND WITHOUT YOUR CONSENT.
10. No Waiver
We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
11. Harm to Computer Systems and Data
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY OF ANY KIND FOR VIRUSES, WORMS, TROJAN HORSES OR OTHER SIMILAR HARMFUL COMPONENTS THAT MAY ENTER YOUR COMPUTER OR MOBILE DEVICE BY DOWNLOADING INFORMATION, CONTENT OR MATERIALS FROM THE WEBSITE.
12.1. THIS CLAUSE 10 PREVAILS OVER ALL OTHER PROVISIONS OF THESE TERMS AND SETS FORTH OUR ENTIRE LIABILITY IN RESPECT OF:
(a) THE PERFORMANCE, NON-PERFORMANCE, PURPORTED PERFORMANCE OR DELAY IN PERFORMANCE BY US OF OUR OBLIGATIONS UNDER THESE TERMS; AND
(b) THESE TERMS OR THE ENTERING INTO OR PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS.
12.2 NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY IRISH LAW.
12.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO TUATHA, THE WEBSITE OR THE CONTENT, WHETHER EXPRESS OR IMPLIED.
12.4 YOU ACKNOWLEDGE AND AGREE THAT:
(a) TUATHA, THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND PURELY FOR ENTERTAINMENT PURPOSES;
(b) WE ARE NOT RESPONSIBLE FOR THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF TUATHA, THE WEBSITE OR THE CONTENT;
(c) WE DO NOT HOLD OURSELVES OUT AS HAVING OBTAINED PERMISSION ON YOUR BEHALF TO ENTER ANY LAND, PROPERTY OR PREMISES DESCRIBED IN THE CONTENT;
(d) WE DO NOT GRANT YOU ANY RIGHT TO ENTER OR ACCESS A THIRD PARTY’S PROPERTY NOR DO WE GUARANTEE THAT YOU WILL BE ABLE TO LEGALLY ACCESS LAND, PREMISES AND PROPERTY REFERENCED IN OUR CONTENT;
(e) WHEN ACCESSING AND ENTERING A THIRD PARTY’S LAND, PROPERTY OR PREMISES, YOU DO SO AT YOUR OWN RISK AND IT IS YOUR RESPONSIBILITY TO SAFEGUARD YOUR HEALTH AND SAFETY AND THESE OF THE PERSONS IN YOUR CARE;
(f) WHEN ACCESSING AND ENTERING A THIRD PARTY’S LAND, PROPERTY OR PREMISES, YOU MUST OBSERVE ALL HEALTH AND SAFETY NOTICES AND INSTRUCTION;
(g) YOU REMAIN AT ALL TIMES RESPONSIBLE FOR YOUR OWN ACTIONS AND OMISSIONS AND THE CONSEQUENCES ARISING FROM THEM;
(h) YOU ASSUME ALL RESPONSIBILITY FOR TRAVELING TO AND FROM AND ACCESSING ANY LAND, PROPERTY OR PREMISES IDENTIFIED IN THE CONTENT;
(i) YOU ASSUME ALL RESPONSIBILITY FOR TRAVELING TO AND FROM AND ACCESSING ANY LAND, PROPERTY OR PREMISES IDENTIFIED IN THE CONTENT;
(j) WHILE WE ENDEAVOUR TO PROVIDE ACCURATE INFORMATION, THE DESCRIPTION OF PLACES AND SITES IN THE CONTENT MAY DIFFER FROM THE ACTUAL CONDITIONS AT THE ARCHAEOLOGICAL, HISTORICAL OR HERITAGE SITE.
12.5 WE SHALL NOT BE LIABLE IN CONTRACT, TORT OR OTHERWISE HOWSOEVER FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER OR NOT SUCH LOSS OR DAMAGE WAS FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE):
(a) LOSS OF REVENUE;
(b) LOSS OF ACTUAL OR ANTICIPATED PROFITS;
(c) LOSS OF CONTRACTS;
(d) LOSS OF THE USE OF MONEY;
(e) LOSS OF ANTICIPATED SAVINGS;
(f) LOSS OF BUSINESS;
(g) LOSS OF OPPORTUNITY;
(h) LOSS OF GOODWILL;
(i) LOSS OF REPUTATION;
(j) LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR
(k) ANY INDIRECT OR CONSEQUENTIAL LOSS HOWSOEVER CAUSED (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHETHER SUCH LOSS OR DAMAGE IS OF A TYPE SPECIFIED IN SUB-CLAUSES (A) TO (J) ABOVE),
WHETHER ARISING OUT OF, OR IN CONNECTION WITH, OR IN RELATION TO THESE TERMS OR THE PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS OR ANY TRANSACTION OR MATTER CONTEMPLATED BY THESE TERMS.
12.6 OUR TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH OR IN RELATION TO YOUR USE OF TUATHA, THE WEBSITE OR THE CONTENT UNDER THESE TERMS OR OTHERWISE OUT OF OR IN CONNECTION WITH OR IN RELATION TO THESE TERMS (INCLUDING THE PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS) OR ANY TRANSACTION OR MATTER CONTEMPLATED BY THEM SHALL BE LIMITED TO THE AMOUNT OF YOUR MOST RECENT SUBSCRIPTION FEES. THE LIMITATION OF LIABILITY UNDER THIS CLAUSE 10 HAS EFFECT IN RELATION BOTH TO ANY LIABILITY EXPRESSLY PROVIDED FOR UNDER THESE TERMS AND TO ANY LIABILITY ARISING BY REASON OF THE INVALIDITY OR UNENFORCEABILITY OF ANY TERM OF THESE TERMS.
12.7 WE SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS WHICH IS CAUSED BY ANY EVENT OR CIRCUMSTANCES BEYOND OUR CONTROL INCLUDING ANY LABOUR DISPUTES BETWEEN US AND OUR EMPLOYEES.
If any provision of these Terms is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
14. Law and Jurisdiction
These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by and construed in accordance with Irish law. Subject as provided below, the Irish courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and any non-contractual obligations arising out of or in connection with these Terms and we and you submit to the exclusive jurisdiction of the Irish courts for that purpose. Nothing in this Clause 16 limits our right to bring proceedings against you arising out of or in connection with these Terms:
(a) in any other court of competent jurisdiction; or
(b) concurrently in more than one court of competent jurisdiction
15. Survival of Obligations
The provisions of Clauses 4, 5, 6, 7, 9, 10, 11, 13 shall survive termination of your use of Tuatha, the Website or the Content and these Terms however it arises, and shall continue to bind you and us (as applicable) without limit in time.
16. Contact Details
Our contact details for the purpose of the giving of notices under the Agreement are:
11/12 PETER STREET
+353 52 618 9468
Last Updated: November 2023