stpats-terms

Terms and Conditions
The following terms and conditions constitute an agreement between you and ST Pat’s SU (“UCD,” “we,” “us” or “the App”). These terms of use (the “Terms of Use”) govern your use of the App, both as a casual visitor and as a registered user. By using the app, and/or by registering with us, you signify that you agree to these terms of use, including that you consent to the information practices disclosed in our Privacy Policy. You confirm that you are 18 years of age or older, or between 13 years and 17 years of age and using the the App with the consent of your parents or legal guardian. We reserve the right to refuse to register an account or to terminate an account if these criteria are not met. You agree to provide accurate information on registration and to keep this information updated. If you elect to create an account:

You may create only one account for your personal use, and all registration information must be accurate, true, current and complete;
You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it
We may, at our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
We reserve the right, at our sole discretion, to modify any of the Terms of Use, or change or discontinue the service at any time by giving you sufficient notification by email.
Services
The app enables social network users (e.g. Facebook) to give gift vouchers from local businesses to their friends or connections on the social network. To use the service, you give us access to your social network account that we use to authorize you as a user of our services. We have access to your profile, friends and/or follower names, privacy settings and other information that we disclose to you, and you approve, during the sign-in process. You authorize the app to publish on your News feed and timeline (as applicable) actions you take on the app, and to allow you to interact with your social network friends while using our services. You agree to allow social networks to receive information on the actions you take on the app. You can disable some of these aspects by changing your social network application settings.

Giving and Redeeming Gift Vouchers
the app offers you the opportunity to give and receive Gift Vouchers provided by third-party businesses (“Merchants”) to be used for the purchase of products and services at the stores or businesses of the Merchants.

Users of the app can choose to purchase Gift Vouchers that are not offered free of charge. To purchase a Paid Gift you must choose the payment type (PayPal, credit card), provide the appropriate information and complete your purchase. You will receive a confirmation of the purchase and the amount charged to your PayPal or credit card account by the app. Paid Gift Vouchers will not be available for use until full payment has been made.

To redeem a Gift Voucher, you must go to the Merchant’s physical business and display the Gift Voucher on your Device to the Merchant’s representative (you are solely responsible for the maintenance of your Device or any other equipment). No cash-backs or other credit will be accepted by Merchants (unless they are required to do so under applicable laws). You may also be required to present a valid photo ID when redeeming a Gift in the Merchant’s store or other business. Once you receive a Gift you will have a limited time period (as stated on the voucher) to access the Gift voucher and redeem the Gift.

Some products or services may be provided by Merchants only in certain geographical areas and jurisdictions. The app therefore reserves the right to exclude the provision of certain Gift Vouchers to certain geographical areas and jurisdictions.

The app is a service provider for the Merchant on the voucher and the Merchant is the sole issuer of the voucher.

A gift voucher issued that remains unclaimed by the owner for more than thirty days after becoming payable or distributable is presumed abandoned.

If a Merchant refuses to honour a valid Gift Voucher, then the app will: refund the amount paid upon request in the original form of payment.

In order to receive credit, you must provide the following information, in writing, to: [email protected]:

Identification of the Gift Voucher and the Merchant;
The date, time and circumstances
The email address associated with the Social Network account that you used to access the the app; and
A statement, which is legally binding, in which you certify that the Gift Voucher has never been redeemed with the Merchant;
Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of vouchers is prohibited; Gifts may not be redeemed as payment for taxes, tips, prior balances, shipping or handling. Neither the app nor its Merchants are responsible for lost or stolen Gifts or Gift Vouchers.

Merchant Responsibility
the app provides and sells Gift Vouchers to be redeemed at the physical businesses of its Merchants. However, the Merchants are the issuers of the Gift Vouchers and the sellers of the products or services for which a Gift Voucher can be redeemed. By receiving a Gift Voucher, the user acquires only the right to redeem the Gift Voucher at the business of the participating Merchant in accordance with the terms set out in this Agreement and the terms of the specific Gift Voucher. the app does not have any responsibility for the quality of the products or services provided by Merchants, and the app expressly disclaims any and all liability for any direct or indirect damages, costs or other losses related to products or services provided by Merchants to users.

Third-Party Websites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. the app is not responsible for and does not endorse any such third-party content or services. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by any association with its operators, or any third-party service providers, products, services, opinions, or us or websites accessed through the Service. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Termination
This Agreement will become effective between you and the app from the moment you agree to allow the app to connect to your Social Network account by creating a the app account. Should you be dissatisfied with the app or the content on the app, or should you for any other reason want to terminate your the app Account, you are entitled to do so without prior notice by removing the software from your Device or terminating your the app Account. However, we may retain any information you have submitted for our records. the app reserves the right to change or discontinue the Site or any of the app services at any time without prior notice. the app also reserves the right to terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership and/or access. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Any Gift and Gift Voucher issued prior to termination will be honored in accordance with the terms applicable to that specific Gift and the terms in this Agreement, except in cases where the app is entitled to cancel or remove a Gift or in cases involving fraud, money laundering or other criminal activities.

Electronic Communications
The communications between you and the app are done by the use of electronic means, whether you visit the website, send us email, or whether the app posts notices on its website or communicates with you via email. For contractual purposes, you (i) consent to receive communications from the app in electronic form and (ii) agree that all terms and conditions, agreements, notices, disclosures and other communications that the app provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Integration and Severability
The Terms of Use are the entire agreement between you and the app with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the app with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Warranty Disclaimer
This section limits our warranties, obligations and liability to you.
The service is provided “as is” and “as available” and without warranty of any kind, express or implied, and all warranties are expressly disclaimed, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade. Without limiting the foregoing, the app and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk. None of the information made available through the services should be interpreted as advice or as an endorsement of any place, activity, experience, or the app. You bear sole responsibility for all decisions and results based on your use or reliance on such information.

Limitation of Liability
In no event shall the app, nor its directors, employees, or partners, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) for any bugs, viruses, trojan horses, or the like or (iii) If in the U.S., for any direct damages in excess of one-hundred U.S. dollars ($100.00). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Copyright and Trademarks
You agree that the Service contains Content specifically provided by the app or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree that you have no license or right to use the app ‘s and/or its licensors’ trademarks, copyrights, patents, trade secrets, Content and other intellectual property rights (collectively, “Intellectual Property”), except while logged in as an authorized member of the Site, and then only in connection with your use of the Site to the extent authorized by these Terms of Use. The Intellectual Property may not be used in connection with any product, service, publication or website of you or any third party without our express written permission, or in any manner that disparages or discredits the app. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right. You may, to the extent the Site expressly authorized you to do so, download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. the app grants you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Site and/or Services and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Use, reproduction, modification, distribution, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from the app, or from the copyright holder identified in such Content’s copyright notice. If you violate any of these provisions regarding the Intellectual Property, your permission to use the Intellectual Property automatically terminates and you must immediately destroy any copies you have made of any portion of the Intellectual Property. You further agree that in the event of any actual or threatened breach of this section, the app shall be entitled to preliminary and permanent injunctive relief, in addition to damages, and you hereby waive any objection in such case to an adequate remedy at law.

Copyright Policy and Digital Millennium Copyright Act Notice
the app reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights. the app has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the app ‘s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is the app’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the the app’s website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (2) Identification of works or materials being infringed; (3) Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that the app is capable of finding and verifying its existence; (4) Contact information about the notifier including address, telephone number and, if available, e-mail address; (5) A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; (6) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Once proper bona fide infringement notification is received by the designated agent, it is the app’s policy to:

Remove or disable access to the infringing Content;
Notify the Content provider, member or user that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system and that the app will terminate such content provider’s, member’s or user’s access to the service.
The Designated Agent is Derek Counihan, Tralee, Co. Kerry, Ireland (email: [email protected]).

Negotiations.
Before initiating any arbitration or court proceeding, you and the app agree to first attempt to negotiate any Claim informally for at least thirty (30) days. Negotiations will begin upon written notice. the app will send its notice to your billing or other physical address (if on file with the app) and email you a copy to the email address you have provided.

Dispute Resolution
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the app agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. If the parties fail to resolve a Claim through negotiations within the above thirty (30) day period, you and the app agree that all Claims will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Ireland by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable legal fees, expert witness fees and all other expenses) incurred. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Ireland. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.