TERMS OF SERVICE
www.myirelandbox.com (‘the Site’) is the website address of MyIrelandBox and its Partners (‘the Business’). The Site and subscription services (‘the Services’) are offered to you upon condition of your acceptance without modification of the terms and conditions (“the TOS”) below. By viewing and using the Site you are deemed to consent to and accept the TOS. Please therefore read this agreement carefully as it sets out your rights and obligations with respect to the use of the Site and its services. By using the services offered by the Business, you (“the User”) are deemed to warrant that you are 18 years or over.
Use of particular services offered by the Business may be subject to additional terms and conditions, which are outlined at the end of the TOS. The service offered by the Business is a Paid Subscription Service (as identified and defined below).
2. Description of Services
We make various services available on this site including, but not limited to, non-perishable food items, craft items, beauty items and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. Access to the Services
The Business provides a subscription service provided to the User under the terms and conditions of the TOS and any operating rules or policies that may be published from time to time by MyIrelandBox. The TOS comprise the entire agreement between the User and and supersede all prior agreements between the parties.
The User must:
(a) provide all equipment, including a computer and modem, necessary to establish a connection to the Web;
(b) provide for the User’s own access to the Web and pay any telephone or other connection and service fees associated with such access;
(c) pay the Services fees where applicable as determined by the Business.
4. Modifications of Terms of Service
The Business reserves the right to modify the terms and conditions of the TOS at any time and at its sole discretion and without notice to you. It is the responsibility of the User to regularly review the TOS for modifications. By continuing to use the Services, the User agrees to be bound by the amended TOS.
5. Personal Information
The Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to:
(a) provide true, current, complete, and accurate information about the User as prompted to do so by the Services, and
(b) maintain and promptly update this information as required to keep it true, current, complete and accurate.
If the User provides any information that is untrue, not current, incomplete or inaccurate, or the Business has reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, the Business has the right to suspend or terminate your use of the Services.
All information requested on original sign up shall hereafter be referred to as “Registration Information”. This Registration Information will be retained by the Business, for no longer than is necessary to provide the Services to the User.
The Business agrees to use the Registration Information only for the purpose of supplying the Services to the User.
The Business reserves the right to disclose the Registration Information if required to do so by law or if it believes in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce the TOS; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of the Business its users and the public.
6. User Account, Password and Security
The User is entirely responsible for maintaining the confidentiality of the User’s passwords and accounts, and for any and all activities which occur under the User’s accounts or passwords. The User agrees to immediately notify the Business of any unauthorised use of the User’s accounts, passwords, or any other breaches of security known to the User. The Business will not be liable for any loss that the User may incur as a result of someone else using or accessing the User’s passwords or accounts, either with or without the User’s knowledge. However the User may be held liable for losses incurred by the Business or any other party as a result of someone else using or accessing the User’s passwords or accounts. The User will not use anyone else’s accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following instructions on the Site.
8. Information Required by Law
The Business is required by law to provide the User with the following information:
(a) www.myirelandbox.com is a website address of the Business. The Business can be contacted through this website or at the following address: Katharine Keane Barrett and Thomas Barrett, MyIrelandBox, Main Street, Dingle, Co. Kerry, Ireland.
(b) Written confirmation of subscription to any of the Paid Subscription Services shall be provided to the User at the email address supplied during subscription. The User has a period of seven working days from the date of subscription to withdraw from subscription without penalty and without giving any reason by giving notice in writing by email or by unsubscribing via their account on the Site. Following that period the User can cancel a monthly subscription at any time by unsubscribing however payment for one month will be deducted. Prepaid subscriptions for a 3 month, 6 month or 12 month package/subscription cannot be withdrawn and full payment will be deducted. This withdrawal and unsubscription will only be complete when the User receives correspondence by email or otherwise from the Business acknowledging that the User has withdrawn/unsubscribed.
All notices issued by or on behalf of the Business shall be in writing and shall be made either via online announcements or email. The Business may broadcast notices or messages through the Services and such broadcasts shall constitute notice to the User.
10. Proprietary Rights to Content
(a) Content other than User Content
The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the “Content”) contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to the User by the Site or Services, by the Business, the Business’s advertisers, or other www.myirelandbox.com Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws. The User is only granted a limited personal licence for the User’s own personal, non-commercial use for the Site and Services unless expressly otherwise authorised by the Business and in particular is only granted a limited personal licence to refer to, bookmark or point to any page within the Site, or to download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute, or create derivative works from the Content without expressly being authorized to do so by the relevant copyright owner.
(b) If the User submits content (which submitted content shall be referred to as “User Content”) to us, the User agrees and represents that the User has created the User Content, or has received permission from, or are duly authorised by, the owner of any part of the User Content to submit it to the Site.
In the event that the User submits User Content to the Site or its associated sites including social media, either the User or the owner of the User Content as the case may be will still own the copyright in the User Content submitted to us. However, by submitting User Content to us, the User is granting us an unconditional, irrevocable, non-exclusive, royalty-free, perpetual worldwide, fully transferable licence to use, publish or transmit, or to authorise third parties to use, publish or transmit, the User Content in any format and on any platform, either now known or hereinafter invented.
11. User Conduct and User Content
(a) The User agrees to not use the Services to:
i. upload, post or otherwise transmit any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. harm minors in any way;
iii. impersonate any person or entity, including, but not limited to, an official of the Business, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
v. upload, post or otherwise transmit any Material that the User does not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
vi. upload, post or otherwise transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
vii. upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
viii. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
ix. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
x. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
xi. intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
xii. ”stalk” or otherwise harass another;
xiii. collect or store personal data about other users;
xiv. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;
xv. attempt to gain unauthorised access to any site or service of the Business, other User accounts, computer systems or networks connected to any a site or service of the Business, through hacking, password mining or any other means;
xvi. create a false identity for the purpose of misleading others.
(b) The User may be permitted to submit User Content for publication in various areas of the Site or associated social media sites. The Community Standards are deemed to be incorporated into these Terms and Conditions and the User is deemed to consent to the Community Standards, and these Terms and Conditions, if the User chooses to submit any User Content or comments to the Site or its associated sites.
The User understands that all Content submitted by any other user is the sole responsibility of the user from which the Content originated. The Business has no liability in respect of any User or content submitted by other users, Content and published by us or by authorised third parties.
The User accepts and agrees that if the User posts User Content on the site or its associated social media sites or views content posted by other users, the User is doing so at his or her own discretion and risk, and that the Business has no responsibility for the accuracy, integrity or quality of any such User Content or Content submitted by other users. The User further accepts and agrees that the views expressed by the User in any User Content submitted by the User, or any other Content submitted by other Users, do not necessarily reflect the views of the Business. The User accepts and agrees that the Business has no obligation to pre-moderate, review or monitor any Content posted by the User or any other users on the Site or the associated social media sites of the Business.
The Business reserves the right to refuse to publish, to edit or to remove any User Content at our sole discretion. We may remove any User Content at any time.
The User agrees to indemnify, defend (at the Business’s request), and hold the Business, its partners, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of:
(a) the User’s use of the Services or any part thereof,
(b) the violation of these TOS or any provision therein by the User,
(c) the publication of any User Content,
(d) the viewing of any User Content by any third party,
(e) or the infringement or misappropriation by the User, or a third party using the User’s computer, of any account or password to access and/or use the Services,
(f) of any intellectual property rights of any person or entity, and
(g) the use or misuse by the User or third parties of the User’s passwords or accounts.
The Business has no obligation to monitor the Services but reserves the right to do so and to remove any Content or Material at its sole discretion at any time without notice.
14. Complaints Procedure
If you wish to complain about any comment or posting appearing on the Site or its associated social media sites or other sites, then please contact us at email@example.com
For any complaint, such as a complaint of any abuse of the Services, including but not limited to the violation of these TOS or any provision therein, or the infringement or misappropriation by any User, or a third party using a User’s computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by any User or third parties of a User’s passwords or accounts, should be reported immediately to www.myirelandbox.com at firstname.lastname@example.org.
15. Modifications and Discontinuance of the Services
The Business reserves the right at its sole discretion to modify or discontinue the Site or Services, or any portion thereof, at any time, with or without notice to the User. The Business shall not be liable to the User or any third party should the Business exercise its right to modify or discontinue the Site or Services. No refunds will be granted to any Users who have paid Services fees in this instance.
16. Term and Termination
(a) The Business reserves the right to terminate all or part of the Services at any time without notice, and without issuing any refunds if the User is in breach of the TOS. The Business shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Services or any part thereof.
(b) In respect of the Paid Subscription Services, the Business reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription.
(c) In the event that a user account remains inactive for 15 months, access to it will be locked by the Business. If the user account remains inactive for a total period of 3 years, it shall be terminated and all information relating to the user account deleted
17. Third Parties
The Business may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. The User agrees that the Business has the right to run such advertisements and promotions. The Business does not control the content of any services supplied by third parties and the inclusion of content does not imply endorsement of the third party by the Business or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that the Business shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
(b) Email Marketing
The Business may, from time to time, send email messages to the User containing advertisements, special promotions, and other marketing and the User’s consent is granted to this when the User subscribers.
The Site or Services may contain images of and links to third party websites (“Linked Sites”). Linked Sites are not under the control of the Business and the User agrees that the Business is not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by the Business or any association with its owners or operators. User correspondence or business dealing with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that the Business shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
18. Disclaimer of Warranties
(a) The Business provides the Site and Services on an “as is” and “as available” basis, and the User uses the Site and Services at his/her sole risk.
(b) The Business shall not be responsible for the effect or result of the introduction or entry of any virus into the Site and /or one or any of the Services.
(c) The Business makes no warranty that the Site or Services will meet the User’s requirements; nor that the Site or Services will be uninterrupted, timely, secure, or error free; nor does the Business make any warranty as to the results that may be obtained from the use of the Site or Services; nor as to the accuracy or reliability of any information obtained through the Site or Services; nor that defects in the Site or Services will be corrected.
(d) The Business expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
(e) The User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the Site or Services is done at the User’s own discretion and risk. The Business is not responsible for any damage to the User’s computer system or loss of data that results from the download of such Content and/or Material.
(f) The Business makes no warranty regarding any goods or services purchased or obtained through the Site or Services or any transactions entered into through the Site or Services. Please see our FAQ’s page to see more on our policy on return/exchanges.
(g) If the User uses the Email service for business purposes, The Business accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the service. The Business accepts no responsibility for any interruption of business as a direct or indirect result of the Site or Services.
(h) The Business accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the service.
(i) No advice or information, whether oral or written, obtained by the User from the Business shall create any warranty not expressly made herein.
19. Limitation of Liability
The Business shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if the Business has been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services.
The TOS shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and the Business agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland.
No right may be assigned, and no duty may be delegated, by the User under this Agreement except upon the written consent of the Business and any attempted assignment and delegation without such consent shall be void and without effect. The Business shall be entitled to assign this agreement. This TOS shall be binding upon and shall endure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
22. No Agency
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
If any of the provisions of this agreement is found by an arbitrator, court or other competent authority to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.
Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice the Business’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Business in writing.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
ADDITIONAL TERMS AND CONDITIONS FOR PARTICULAR SERVICES
(i) Paid Subscription Services:
The Food Lovers Box and Women’s Craft Box are paid subscription-based services (the “Paid Subscription Services”) and the User must register, set up an account and pay a subscription to gain access to these services. The subscription fee is determined by the Business and can be subject to change at any time at its sole discretion. Any change in the subscription fee will not affect fees paid by the User who has prepayed for a 3, 6 or 12 month subscription. Any change to the subscription fee will be notified to the User on the Site or any associated social media site. Subscription to any of the Paid Subscription Services is personal to the User and may not be transferred or assigned.
By subscribing for the Paid Subscription Services the User agrees to pay all fees and charges including applicable taxes. In order to set up an account the User must provide the Business with valid credit card information and by providing such information the User thereby authorises the Business to bill all fees, charges and applicable taxes through that account as and when they become due. Any queries regarding billing on a User account must be raised with the Business within 30 days.
The User will be billed in Euro. Exchange settlements will be determined by agreements between the User and the credit card issuer. If the Business does not receive payment from the credit card issuer, the User agrees to pay all amounts due on the User’s account upon demand. If the Business does not receive prompt payment for all fees, charges and applicable taxes, the User will be in default and the Business reserves the right to suspend the User’s account and access to the Paid Subscription Services without notice.
Subject to any right of withdrawal under applicable law, fees, charges and applicable taxes are non-refundable.
(ii) The Business will send the User email updates and details of any special offers and other such emails. The Business will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
In the event of termination of the User’s account for any reason whatsoever there is no obligation on the Business to forward any unread or unsent messages to the User or a third party.
Changes to these Terms and Conditions
We reserve the right to change these terms and conditions at any time. Each transaction is governed by the terms and conditions in force at the time of the transaction. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to such Terms and Conditions.
To place an order through this site you must be at least 18 years old and you must be legally capable of entering into binding contracts.
Any claim you may have in respect of the condition or quality of any of the Products is with the relevant producer or manufacturer of the product and not our responsibility.
In this agreement we refer to the content of the Food Lover’s Box and Women’s Craft Box collectively as “Products”.
Availability of subscriptions:
We reserve the right to close access to apply for a subscription from time to time.
27. The Subscription Fee
The Subscription Fee is inclusive of Value Added Tax (VAT).
Delivery of Product will be charged separately to the sale price displayed on this site and will be subject to the shipping costs outlined on the Site.
Payment can be made online with the following payment methods accepted: Visa, Mastercard and Laser.
Fulfilment & Delivery:
The Business will fulfil your order directly to you by any fulfilment date set out in the confirmation of your order.
Your first box will ship the first week of the month after you subscribe. For example, if you order your MyIrelandBox on December 10th, your first box will be sent to you during the first week of January.
If you order more than one Product, you should be aware that Products might be delivered separately.
Cancellation, Returns and Refund Policies:
Returns and Cancellation:
What if a product is broken or damaged?
We’re so sorry if an item is broken or damaged. We scrutinise each box to ensure that nothing is amiss and all is perfect and wrapped up tight for the recipient before being shipped. Unfortunately however, we can not supervise the delivery and treatment of your package by the post handler. If you do receive a broken or damaged item, please contact us as soon as possible and we will work to get you a replacement as quickly as we can. We will need to see photographic evidence of the damaged product.
Please note that with handmade products, as they are made by hand very slight variations in appearance are normal and do not necessarily render the product defective or broken.
What if I do not like one of the products received?
We work hard using our taste and curating skills to find the best of the best in Ireland for you. If for some reason however, you don’t love the product as much as we do, then we would suggest that you could gift product to a friend? However, if this is not an option, please contact us with seven days of receiving your MyIrelandBox and you can ship the entire box and its contents back to us. While we aren’t able to offer you a refund, we will happily extend your subscription by one month at no additional cost to you. [Please note: return shipping of the original item must be paid by you].
Can I cancel my subscription?
Yes you can – we do hate to see you go but we understand that circumstances change.
Monthly subscriptions can be cancelled at any time. Please log in to your account to cancel your subscription. Prepaid subscriptions cannot however be cancelled and you will receive your MyIrelandBox until the end of your subscription period. However, we will gladly transfer the subscription to another recipient of your choice if you so desire. Please contact us at email@example.com.
28. Our Liability and Disclaimer
To the extent permitted by law, we provide the Site without any warranties or guarantees. In particular, we do not warrant that the Site or any of its contents are virus free. You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties. Although we do our best to provide constant, uninterrupted access to the Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. While we try to ensure that material included on the Site is correct and the Products offered are of good quality, we cannot accept responsibility if this is not the case and, as stated above, we disclaim all liability in respect of the Products. This disclaimer does not affect your statutory rights against the Manufacturer or Producer of the Products.
To the full extent allowed by law, you agree that neither the Manufacturer or Producer of the Products nor the Business will be liable to you for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or related to the Site. If we are found to be liable to you our liability shall not exceed the purchase price of the Product. Nothing in these terms and conditions shall exclude the Business’ liability or the Manufacturer or Producer of the Products’s liability for personal injury or death caused by negligence.
29. Data Protection
30. Use of Material on the Website
For the purposes of this agreement, “material” includes, without limitation, text, video, graphics and sound material, published on the Site. You may download and print extracts from the material and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Site. You must not reproduce any part of the Site or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
31. Third Party Advertising on the Website
You may see advertising material submitted by third parties on the Site. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy.
32. Governing Law
Contracts for the purchase of goods and services through this Site will be governed by Irish law. Any disputes relating to such contract shall be subject to the exclusive jurisdiction of the Irish Courts.
33. Contact Us
If you have any questions or queries please contact us providing your name, address and telephone number and details of the product you ordered addressing your correspondence to firstname.lastname@example.org or to MyIrelandBox, Main Street, Dingle, Co. Kerry, Ireland.