Terms of Business

Date of Last Revision: 3rd August 2018

Mullingar Town Band website www.mulllingartownband.ie (MTB) provides its services (described below) to you through its website and mobile applications (the “Platform”) and related services (collectively, such services, including any new features and applications, and the Platform, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). If you are fundraising on behalf of MTB (as defined below) , you will be contracting with MTB, If you are purchasing a product or service you are purchasing from MTB. If you are providing information you will do so either as a Member or a party choosing to contact us via our website, social media or by post or phone call.

EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Please check back on our Terms and Conditions page to see if changes have been made – the date of the latest update will indicate changes – which you should read. MTB may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Platform. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service.

Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy located at https://www.mullingartownband.ie/privacy-policy/ . All such terms are hereby incorporated by reference into these Terms of Service (provided, however, that such other terms may be modified in accordance with their terms and, with respect to the use of the Services, these Terms of Service will take precedence in the event of conflict). All resolutions are decided by MTB in our sole discretion, and all of our determinations are final.

If you are in Europe, the Privacy Policy does not form part of these Terms of Service.

Access and Use of the Services

Services Description: The Services are offered as a platform to users of the Services.

MTB is a voluntary organisation and therefore all funds are used for the benefit of members and the upkeep of the organisation. No refunds are made on membership, should a member choose to leave. Physical items purchased on our website if purchased direct from MTB may be returned within 2 weeks for a full refund – however where we have had to personal items – e.g. with emblems or order in a specific size – we advise that you check the quality of the product in advance of purchase – as we cannot refund “bespoke” products – unless they fail to meet the description in the product area.

In case of claims – the maximum value of any claim against MTB for a product or service is not to exceed the amount paid for the item or service at time of purchase.

If the product or service you purchase is for a 3rd party initiative please contact them directly as we provide a platform to allow them sell tickets/products to you and you should ensure you have agreed their terms – we accept no liablity for any product or service marked “ 3rd party” or “fundraiser event” – other than those stated as being run directly by MTB.

All information advised on items for sale or in advising how to submit information via MTB website is done in good faith. Where a human error has occurred we reserve the right not to fulfil an order or complete an arrangement – and we will advise of such errors and refund you if the correct details are not acceptable to you. We will immediately correct any “human errors” on our website as soon as they become known to us.

We do not personally endorse any 3rd party service provided on this platform and we make no guarantee that a project or event will obtain a certain amount of donations or sales. We do not endorse or guarantee any statements made by such fundraisers, donation projects or persons behind them.

All Donations are at your own risk. When you make a Donation to a Campaign or Event or otherwise through the Services, it is your responsibility to understand how your money will be used. If you have any reason to believe any campaign or service is in any way questionable, please report to info@mullingartownband.ie and we will investigate the matter.

In purchasing any offer or service from this website you accept the terms above. Do not make any purchase or send any payment our website if you do not accept these terms.

Any information you provide via our website will be treated within the terms of our Privacy Policy. In making any purchase or payment or completing any forms or providing information to us via our website – you do so on the basis of accepting our Privacy Policy https://www.mullingartownband.ie/privacy-policy/

Your Registration Obligations: You may be required to register with MTB in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years of age , you are not authorized to use the Services, without the consent of your parent/guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors) in order to utilize such Services. For example, Stripe is one of MTB’s payment processing partners. When you use Stripe services, your right to use such services is strictly confidential for the purpose you provide in the details of your registration.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify MTB of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. MTB will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Services: MTB reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, MTB will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.

Public Content; Public Display :Some of your activity on and through the Services is public, such as content you post publicly on the website or Services. Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. Where such information will be publicly displayed, you will be made aware of this when entering such infomraiton.Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy https://www.mullingartownband.ie/privacy-policy/ for information on the ways that we may collect, use, and store certain information about you and your use of the Services.

MTB’s name, trademarks, logos, or service marks or any other MTB intellectual property in the rules or any other materials relating to the Promotion without MTB’s express written permission.

General Practices Regarding Use and Storage: You acknowledge that MTB may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on MTB’s servers on your behalf. You agree that MTB has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that MTB f reserves the right to terminate accounts or services that are inactive for an extended period of time, provided that MTB will use its commercially reasonable efforts to provide reasonable notice before terminating this inactivity. You further acknowledge that MTB reserves the right to change these general practices and limits at any time, in its sole discretion.

Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding MTB and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update MTB’s account information to ensure that your messages are not sent to the person that acquires your old number.

Conditions of Use

User Conduct: You are solely responsible for all content descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or transmit or otherwise use via the Services. You agree to fully cooperate with any request by MTB for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms of Service.

The following are examples of the kind of content and/or use that is illegal or prohibited by MTB. However, this list is not exhaustive and MTB reserves the right to investigate anyone by engaging public and private organizations, and take appropriate action against anyone who, in MTB’s sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments , freezing or placing a hold on funds when MTB reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action including seeking restitution on behalf of itself and/or its users.

Recurring Donations: Donors/ members/ service purchasers may have the option to make recurring payments/donations and in electing to contribute on a recurring basis, you, hereby acknowledge that Subscriptions automatically renew and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Subscription, which can be done through the Platform, any Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Subscriptions, you (i) hereby authorize MTB to bill your Payment Instrument in the amount of the applicable Installments in advance on a periodic basis until you terminate such periodic payments by opting out of the Subscription, (ii) accept responsibility for payment of all Installments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Instrument, such as a change in your billing address or credit card expiration date). Changes to or termination of Subscriptions or Donation Installments will apply only to Installments that take place after MTB receives notice of such change or termination. MTB does not provide refunds of any amounts received in connection with previously made Installments. Additionally, by enrolling in any Subscriptions, you acknowledge and agree for any and all such Subscriptions, that (a) the ongoing maintenance and operation of Subscriptions and each Installment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Subscription

Your non-termination of a Subscription reaffirms that MTB is authorized to charge your Payment Instrument for the Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you are done so within the terms of our privacy policy.

You acknowledge and agree that MTB may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MTB , its users or the public.

Copyright Complaints: MTB respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify MTB of your infringement claim in accordance with the procedure set forth below.

MTB will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to MTB’s agent at info@mullingartownband.ie (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:

MTB Copyright Agent:
Mullingar Town Band,

Zone A, Mullingar Business Park,

Mullingar, Co. Westmeath. Ireland

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, MTB f will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Third Party Websites/Services

The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). MTB has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and MTB is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that MTB is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that MTB will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources, and you agree that MTB is not liable for any loss or claim that you may have against any such third party.

 

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MTB AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MTB AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MTB NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF MTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MTB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MTB IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED EUROS (€100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

 

General

These Terms of Service constitute the entire agreement between you and MTB and govern your use of the Services, superseding any prior agreements between you and MTB with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the Republic of Ireland without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MTB agree to submit to the personal and exclusive jurisdiction of the Irish Republic. The failure of MTB to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of MTB, but MTB may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.

Privacy Policy

At MTB , we respect the privacy of our users. For details please see our  PRIVACY POLICY https://www.mullingartownband.ie/privacy-policy/ . By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge MTB‘s collection and use of personal information as described in the Privacy Policy.


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