2. Our contract with you
These terms and conditions apply:
- 2.1 So far as the context allows, to you as a visitor to Our Website; and
- 2.2 In any event to you as a buyer or prospective buyer of our Poker Tournament Tickets.
- 2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase.
- 2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Poker Tournament Seats.
- 2.5 Unfortunately, we cannot guarantee that the Poker Tournament Seats advertised on our website are always available.
- 2.6 If we do not have availability of the Poker Tournament Seats you order, we will offer you alternatives. If this happens you may:
- 2.6.1 accept the alternatives we offer;
- 2.6.2 cancel all or part of your order;
- 2.7 If in future, if you buy Poker Tournament Seats from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
- 2.8 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
- 2.9 It is your responsibility to ensure that that you fulfil all the conditions that exist to be a Member of the Fitzwilliam Card Club. Details and a membership application form are available on the website: http://www.fitzwilliamcardclub.com/memberregistration/application-form.php. The purchasing of Poker Tournament Tickets on Our Website does not automatically entitle you to entry into the Club as a Member.
- 2.10 If your membership of the Club is not accepted or has been rescinded for any reason, we will refund the full cost of your Poker Tournament Tickets. The decision of the Club Management is final in this instance.
3. Your account with us
- 3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Poker Tournament Tickets.
- 3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
- 3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
- 3.4 We reserve the right to refuse you access to Our Website.
4. Price and Payment
- 4.1 We endeavour to keep our website and prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
- 4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euros will be borne by you.
- 4.3 Prices include Irish value added tax.
5. Delivery
- 5.1 The delivery of your Poker Tournament Tickets will be via email. You should print out the tickets and bring to the club to confirm your entry into the Poker Tournament. You will not receive any delivery by postal mail.
- 5.2 Your Poker Tournament Ticket booking contains a unique ID reference number. If for whatever reason you cannot print out the tickets that we have emailed to you, please note this unique ID number and refer to this when you arrive at the club and wish to take your place in the Poker Tournament.
6. Cancellation of order
- 6.1 If you are a citizen of the European Union, and you bought the Goods as a Consumer, you may cancel your order at any time before the Poker Tournament you have booked for has started.
- 6.2 We will refund your money within 30 days.
- 6.3 This paragraph does not affect your rights in the event that the Goods are faulty.
7. Foreign taxes, duties and purchasing restrictions
- 7.1 If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws in your country.
- 7.2 You are responsible for purchasing Poker Tournament Tickets which you are lawfully able to purchase and for the payment of duties and taxes of any kind levied in your country.
8. Disclaimers
- 8.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the, at any time and without advance notice.
- 8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- 8.3 We give no warranty and make no representation, express or implied, as to:
- 8.3.1 the adequacy or appropriateness of the Poker Tournament Tickets for your purpose;
- 8.3.2 the truth of any Content on Our Website published by someone other than us;
- 8.3.3 any implied warranty or condition as to merchantability or fitness of the Poker Tournament Tickets for a purpose other than that for which the Poker Tournament Tickets are commonly used;
- 8.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
- 8.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
- 8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Poker Tournament Tickets.
- 8.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
- 8.7 The above two sub paragraphs do not apply to a claim for personal injury.
9. Content and Intellectual Property Rights
- 9.1 We will defend the intellectual property rights in connection with our Poker Tournament Tickets and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- 9.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
- 9.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- 9.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
- 9.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
9. Your email address
- 10.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
- 10.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
- 10.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
11. System Security
- 11.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
- 11.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
- 11.3 You may not use any software tool for the purpose of extracting data from our website.
- 11.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12. Indemnity
- You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
13. Miscellaneous provisions
- 13.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- 13.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
- 13.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
- 13.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- 13.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
- 13.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- 13.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
- 13.8 This Agreement shall be governed by and construed in accordance with the law of the Republic of Ireland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
|