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TERMS & CONDITIONS – ADVERTISERS:

1. DEFINITIONS:

In these terms and conditions the following terms shall have the following meanings:

1. “The Advertiser” shall mean the advertiser of a product or service or location on this website.
2. “The Website” or “this Website” means www.pamperme.ie website.
3.  “The website owner” shall mean www.pamperme.ie and Ireland Spa & Leisure Limited.

2. DISCLAIMER: 

Nothing on this Website constitutes advice, nor does the transmission, downloading or sending of any information create any contractual relationship. The website owners accept no liability or responsibility whatsoever for any loss or damage suffered by any advertiser on this website. By continuing to use this website you are deemed to have accepted the terms and conditions herein.

This website is provided by www.pamperme.ie and Ireland Spa & Leisure Limited. www.pamperme.ie and Ireland Spa & Leisure Limited makes no representation or warranties of any kind as to the operation of this website or the information, content, materials, products or services for sale or advertised on this website. You expressly agree to use and advertise on this website at your own risk.

To the full extent permitted by the applicable Law, the website owner hereby disclaims all warranties, express or implied. The website owner does not warrant that this website, its servers or e-mails which may be sent from the website are free from viruses or other harmful components. The website owner will not be liable for any damage of any kind arising from the use of this website, including but not limited to direct, indirect, incidental, punitive and consequential damages.

By using this website, you expressly agree that such use to at your own risk, the website owner endeavours to provide a service of the highest quality, but cannot guarantee that our service will be uninterrupted or error free, or that the service selected will reach the intended recipient. Due to the nature of interactive services and the Internet generally, the website owner gives no warranty or commitment that the use of the website will be free from interruptions or errors, and the website owner shall have no responsibility or liability in respect of or arising out of any communication or network defects, breakdown, malfunction, error, delays or failures (whether temporary or otherwise) while using the Site. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

The terms and information contained on the website may change from time to time without notice and therefore each time you access this website or advertise on this website you should check the terms and any relevant information for yourself.

3. USE OF SITE:

The Advertiser, which for the purposes of these terms and conditions will be deemed to include their agents, servants or employees, may only use the website to provide legitimate advertisements. The Advertiser, their agents, servants or employees will not make any speculative, false or fraudulent advertisements. If we are reasonably of the opinion that such an advertisement has been provided we shall be entitled to cancel the same and inform the relevant authorities.

The Advertiser, their agents, servants or employees, also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Statement). You also acknowledge that we may refer these details to users of this website in conjunction with any booking or enquiry that might be made.

You agree not to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.

The Advertiser, their agents, servants or employees will be responsible for all amendments made to the Advertiser’s information or advert on website.

4. ACCURACY OF INFORMATION:

The information and listings on this website related to your business are compiled from information provided by you. We publish such information in good faith, based on the information provided. It is a matter for you to take reasonable care to ensure that the content of the website advertisements, including all information and listings, is accurate and up-to-date. You are responsible for any inaccuracies, errors, omissions or misleading information contained in your advertisement.

5. HYPERTEXT LINKS:

This website may be linked to other websites that are not maintained by us. Clicking on certain links within this website may take the user to other sites and www.pamperme.ie shall have no responsibility or liability of any kind for the accuracy or content of any information or any other aspect of any such websites.

The inclusion of any link to such sites does not imply endorsement, sponsorship or recommendation by us of the websites and we disclaim any warranty (expressed, implied or otherwise howsoever arising) about the content and operation of these sites. We disclaim any liability for links: (i) from another website to this website; and (ii) to another website from this website.

6. INTELLECTUAL PROPERTY:


All intellectual property rights in any copy, artwork, photographs and other materials which the website owner (or its representatives) have created or altered and all goodwill arising out of or in connection with the name www.pamperme.ie and and the trade marks and logos of www.pamperme.ie and Ireland Spa & Leisure Limited shall vest in the the website owner.
Nothing in the Agreement confers on you the Advertiser any licence or right to use any trade marks, names or logos of www.pamperme.ie and Ireland Spa & Leisure Limited or its licensors except as expressly set out in the Agreement.
The website owner has no liability or responsibility of any kind for the accuracy or content of any information or any other aspect of any third party websites and the inclusion of hypertext links to such websites does not imply any endorsement of the material contained on such websites or of the owners. The website owner may at any time and for any reason require the Advertiser to remove any hypertext links to the Website from any website controlled by the Advertiser.
The website owner is hereby permitted to reproduce and publish (or to permit the same) all advertisements provided by the Advertiser or any other advertiser (including without limitation the reproduction and publication of copy, artwork and photographs and other materials) and to include them on the Website.


7. DEALINGS WITH USERS OF THE WEBSITE / BOOKINGS:

You, the Advertiser’s correspondence or dealings with users of the website, or their participation in promotions and/or advertisements found on or through the www.pamperme.ie website and provided by you the Advertiser are solely between you and such user. You agree that the website owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.


8. COPY, ARTWORK AND PHOTOGRAPHS:


The website owner may refuse, edit or require to be amended any information or content contained in an advert so as to comply with legal or moral obligations; to avoid infringing third party rights, the Codes of Practice of the Advertising Standards Authority of Ireland (“ASAI”) and all other codes under the general supervision of the ASAI or any relevant legislation; to respond to any complaints; or to correct typographical errors or technical inaccuracies that may appear from time to time.
The Advertiser shall be solely responsible for the accuracy of any Advertisement.
The website owner may refuse to publish any photograph used in connection with an Advertisement.


9. ADVERTISER’S OBLIGATIONS AND WARRANTIES:


The Advertiser shall protect the website and its services from access by parties not authorised by the website owner, keep confidential all passwords, security identification or encryption details relating to the Website and will follow all security instructions issued by the Website Owner from time to time.
The Advertiser agrees not to:
(a) make any attempt to access, amend or upload information on any other business; or
(b) access any unauthorised areas of the Website;
(c) modify or make any attempt to modify the Website, or any software used in connection with the Website;
(d) use any software which would corrupt the Website in any way.
If the Advertiser does not comply with this clause, the Website Owner may suspend, terminate or downgrade the Advertiser's participation in the Website.
The Advertiser shall not upload files that contain a virus or corrupted data and no warranty is given by the website owner that the Website is free from computer viruses or any other malicious or impairing computer programs and the Advertiser shall report to the website owner any suspected faults of the Website promptly after such suspected faults come to the Advertiser’s attention.
To the extent permitted by law, the Advertiser shall not reverse engineer, decompile, disassemble or modify any software used by the Advertiser in connection with the Website. The Advertiser shall not use software to access the Service without permission or use software that will corrupt the Service in any way.
Where the website owner is transferring Advertiser information to any third party in connection with a service or product, the Website Owner will use its reasonable endeavours to transfer such information as set out in the description of the service or product and without corruption or errors. However, the Advertiser acknowledges that it is technically impossible to guarantee continuity of service or corruption-free or error-free transfer. The website owner’s sole liability in connection with this clause is to liaise with the relevant third party and to re-transfer the relevant information.
The Advertiser warrants that: a) all copy and any other information and materials provided by the Advertiser is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the Code of Advertising Practice of the ASAI, all other relevant codes under the general supervision of the ASAI and all current relevant legislation; b) the reproduction and/or publication of the Advertisement by the website owner as submitted (or amended) will not breach any contract or infringe any third party intellectual property rights or render the website owner liable to any proceedings whatsoever; c) it has obtained all third party consents in connection with its Advertisements.


10. PAYMENT:


The Advertiser agrees to pay to the website owner the sum payable for three months advertising in advance of provision of advertising or services by the website owner, which charges shall be at the prevailing agreed rate. Following such payment the Advertiser will be required to arrange for a direct debit payment to the Account of the website owner, which payment shall be made monthly in advance to the Account of the Website owner, on the first day of each month. If the Advertiser fails to make any payment as set out herein then all monies owing by the Advertiser to the Website Owner shall immediately become due and payable.
In the event of an agreement between the Advertiser and the Website Owner for provision of additional services or advertising, in addition to the standard services, the Advertiser shall be invoiced for the same and payment shall be due within 30 days of said invoice. When a sum owing has not been received in full by the website owner 30 days from date of invoice the Website Owner shall be entitled to suspend the advertisement until such time as payment has been received in full. If the Advertiser fails to make any payment as set out herein then all monies owing by the Advertiser to the Website Owner shall immediately become due and payable.
The website owner will under no circumstances be liable to refund all or any part of the charges in the event of the suspension of any services or termination of this Agreement.


11. ADVERTISING CHARGES:


The website owner shall have the right to change its scale of fees and charges at any time.


12. CANCELLATION AND TERMINATION:


The Advertiser shall be entitled to terminate the Agreement by giving not less than 30 days notice in writing to the website owner, such notice to expire at any time after the end of the first three moths of the Agreement.
The Website Owner shall be entitled to terminate the Agreement forthwith on the giving of notice by telephone, fax, email or by letter to the Advertiser and further reserves the right in its sole discretion to refuse to publish any Advertisement where:
(a) the Website Owner has reasonable grounds for believing that the Advertiser is in breach of the Agreement; (b) the Advertiser ceases, or threatens to cease, to carry on its business; (c) the Advertiser becomes insolvent;
Termination of the Agreement shall be without prejudice to any rights accrued by the Website Owner prior to termination and the Advertiser shall repay the Website Owner on an indemnity basis for all costs and expenses (including legal costs) incurred by the Website Owner in the event that the Advertiser changes address and fails to notify the Website Owner and in recovering any sums due to it under the Agreement.

13. LIABILITY AND INDEMNITY:


The Website Owner shall provide the services required under this agreement with reasonable care and skill in a professional and timely manner. The Advertiser acknowledges and accepts that it is technically impossible to provide the services free of faults, interruptions or errors and that the Website Owner does not undertake to do so. The Website Owner shall have no responsibility or liability arising out of or in connection with any communications or network defects, delays or failures (whether temporary or otherwise) experienced by the Advertiser or any third party while accessing the Website .
From time to time, the Website Owner will need to carry out maintenance work on its equipment and systems, and shall use its reasonable endeavours to ensure that, in doing so, reasonable notice is given and minimum disruption is caused. However, the Advertiser acknowledges that the Website Owner cannot guarantee that the Service will be continuously available online.
The Website Owner has the right at its discretion to decline to publish (in whole) or in part or to omit, suspend, change the position , size quality or colouring of or reclassify any Advertisement or information supplied by the Advertiser .
Subject as set out below, the Website Owner shall not be liable to the Advertiser:
(a) for any loss or damage suffered by the Advertiser arising out of or in connection with any total or partial failure to publish or for removing any materials from the Website Owner;
(b) for any loss of copy, artwork, photographs or other materials, which the Advertiser warrants that it has retained in sufficient quality and quantity for whatever purpose; or
(c) in contract, tort (including without limitation negligence), statutory duty or otherwise arising out of or in connection with the Agreement for:
(i) consequential, indirect or special loss or damage; or, (ii) any loss of goodwill or reputation; or, (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings) in each case whether advised of the possibility of such loss or damage and howsoever incurred.
Subject as set out below the total liability of the Website Owner in contract, tort (including without limitation negligence), statutory duty or otherwise arising out of or in connection with the Agreement, in respect of each event or series of connected events shall not exceed in respect of any Advertisement, twice the total charges paid by the Advertiser to the Website Owner for the relevant Advertisement;
Nothing in the Agreement is intended to exclude or restrict any liability the parties may have for death or personal injury or for fraud.
Any warranties, terms or conditions of any kind whether express or implied, statutory or otherwise, including without limitation, implied terms of satisfactory quality or fitness for purpose, which are hereby expressly excluded to the fullest extent permitted by law.
The Advertiser agrees to indemnify and keep the Website Owner fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with any breach of the Agreement by the Advertiser, any third party complaints or claims brought against the Website Owner in respect of any Advertisement, the subject matter thereof or any other materials supplied by the Advertiser in connection with any service, and for any claim that the use by the Website Owner of any copy, artwork, photograph or other materials provided by the Advertiser infringes any third party intellectual property rights.
Without prejudice to the liability of the Advertiser to pay the relevant charges for any Agreement in full by the relevant due date, in the event of any error, misprint or omission on the part of the Website owner, the Website Owner may either amend the relevant part of the Service or may refund or adjust the charges, at its sole discretion. No amendment, refund or adjustment to the charges will be made where in the Website Owner's sole opinion the error, misprint or omission does not materially detract from the Advertisement.


14. ADVERTISEMENT CONTENTS:


The Website Owner reserves the right to decline to publish the whole or part of any advertisement. The advertisement copy you supply must be legal, decent, honest and truthful and must not in the sole opinion of Website Owner bring our business into dispute or conflict. The Website Owner may amend the advertisement to ensure compliance with these requirements.
The copyright in all adverts (including text and photographs) shall be owned by us and you hereby assign all such copyright to us.


15. GENERAL:


It is the responsibility of the Advertiser to make it clear that the Advertiser is selling goods and services in the course of a business.
The Agreement contains the entire agreement and understanding between the parties and supersedes all prior arrangements between the parties relating to the subject matter of the Agreement. Each party acknowledges that it has not entered into the Agreement in reliance upon any representation not expressly set out in the Agreement and neither party shall be liable in respect of any representation made prior to and not contained in the Agreement unless it was made fraudulently.
The Advertiser may not assign this Agreement, however, the Website Owner shall be so entitled.
No variation of these terms and conditions shall be binding unless agreed in writing and signed by a director of the Website Owner.   No waiver or indulgence by the Website Owner shall be effective save in relation to the matter in respect of which it was specifically given.
Nothing in these terms and conditions shall confer any rights or benefits or otherwise in favour of any person other than the Advertiser and the Website Owner.
By submitting an advertisement to the web site, you are deemed to have accepted the terms and conditions laid out here. These terms and conditions and the contract of which they form part shall be governed by Irish law.


16. PRIVACY POLICY:

All details supplied to the Website Owner with your on-line advertisement will be safeguarded both by our privacy policy and also by the Data Protection Act.


17. ASSIGNMENT:

While the website owner reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. You are not entitled to assign or delegate your rights under them.
18. GOVERNING LAW:


This Agreement shall be governed by Irish law and you hereby consent to the exclusive jurisdiction of the Irish courts in all matters regarding it.


19. AMENDMENT OF TERMS:


Each time you use this website you will be bound by the then current terms and you should review these each time you access the website or place an advertisement to satisfy yourself that you are happy with them.


20. SEVERABILITY:


These terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions herein.


21. HEADINGS:


The headings used in these Terms and Conditions are included for convenience only and shall not define, extend, limit or otherwise affect these Terms and Conditions.

22. FORCE MAJEURE:


Neither you nor us shall be liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by circumstances beyond your or our reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute (“force majeure”). If such delay or failure continues for at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Agreement by notice in writing to the other. The party subject to the event of force majeure shall, as soon as practicable, give notice of the event to the other party, such notice to include a reasonable forecast of the duration of the event.


23. ENTIRE AGREEMENT:


These terms constitute a binding agreement between us and you should read them carefully and ensure they contain your entire understanding of the agreement. Please ensure that contained herein is everything you want and nothing you are not prepared to agree to.

 24.VOUCHER SYSTEM:

As a Pamperme.ie Client and part of a  Premium listing you are automatically obliged to participate in Pamperme.ie Voucher System. Details will be sent to you by email.

Voucher Conditions -Customer
1. Voucher valid for six months only from date of purchase.
2. Voucher can only be redeemed at chosen Spa (see Spas that accept Pamperme.ie vouchers   listed on our website www.pamperme.ie).
3. Voucher not redeemable for cash.
4. Voucher may be used for all spa/beauty treatments, packages and special offers.
5. Products purchase with voucher is at discretion of your chosen Spa.
6. Pamperme.ie will deducted a 10% commission from all vouchers redeemed correctly through the site by our clients, and request a VAT invoice to the value of the remainder amount prior to releasing payment.  

Only Pamperme.ie Clients are eligible to accept and redeem pamperme.ie vouchers. All vouchers must be validated and verified through your pamperme.ie account prior to redeeming them. Only vouchers redeemed correctly through your pamperme.ie account will be honoured and processed for payment.

Pamperme.ie are not liable to make payments against any vouchers accepted by Hotels / Spas in lieu of payment for products or services who are not clients of Pamperme.ie.

In any such case where a hotel / spa who are not clients of pamperme.ie accept pamperme.ie vouchers without expressed prior permission from Pamperme.ie, Pamperme.ie reserve the right to refuse to honour the voucher (where the voucher is deemed to be invalid, expired or already redeemed) or, where a voucher is deemed to be valid and contain the full value being claimed, charge a 20% commission on the full value of the voucher redeemed.

Payments for pamperme.ie vouchers redeemed will only be made when a relevant & valid VAT invoice has being received from the claimee which has taken the relevant commission into account.

Invoices should reflect the relevant commission deduction, and the Invoice GROSS AMOUNT should reflect the full value been redeemed, less the relevant commission.

In addition to processing payment of vouchers validated in this way, Pamperme.ie will also provide a valid VAT invoice for the amount of commission deducted marked as PAID and reflecting a GROSS AMOUNT equal to the total of the commission value deducted. The VAT rate will reflect the same rate provide on the client voucher invoice, for your accounts VAT records.


25. CONTACT:


Queries should be addressed to info@pamperme.ie 

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