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Terms and Conditions:

Welcome to our website.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website.

Swellseekers.ie (“the Website”) is owned and operated by  Vivit Ireland Limited (“the Company”).

The term “Swellseekers.ie” or “us” or “we” or “the Company” refers to the owner of the website whose registered office is 3 Peters Tce, Tramore, Co. Waterford.  Our company registration number is 507549.

The term “you” refers to the user or viewer of our website.

These terms and conditions are important and protect you and us.  Please take the time to read the terms and conditions carefully.  If you have any questions about the terms and conditions please email us at info@swellseekers.ie

Acknowledgement and Acceptance

This Agreement (“the Agreement”) outlines the terms and conditions governing your use of the website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs our relationship with you in relation to this website.

The Company reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof.

Privacy Policy

It is the Company’s policy to respect the privacy of its users.  The Company will not monitor, edit or disclose any personal information about you without your prior consent.  In the course of our dealings we may acquire personal data and information about you which you have registered with us.  In this regard, the Company undertakes to only use your data in accordance with strict conditions however, we reserve the right to and you hereby agree to allow us to disclose any information about you to law enforcement, government officials or to any court or court officials as we in our sole discretion believe necessary or appropriate.  Nothing in this Agreement relating to the confidentiality of information shall prevent or hinder the Company from complying with its legal obligations under the Data Protection Act 1988 as amended.

By submitting your information to the Website you agree to allow the Company to communicate with you in a responsible manner.

Links

Links included within the Website may let you leave the Website and enter other websites. These sites are not under the control of the Company and the Company is not responsible for the contents therein or any link contained in such a linked site or for any changes or updates to such sites.  These links are simply provided as a convenience and the inclusion of any link does not imply its endorsement by the Company of that site or any association with their operators.

Advertisers

Your correspondence or dealings with, or participation in promotions and/or advertisements found on or through the Website are solely between you and such advertiser.

You agree that the Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the Website.

Intellectual Property

All trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the Website (hereinafter referred to as “Intellectual Property”) are solely owned by the Company.

You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property.  All other trademarks, product names and company logos cited herein are the property of their respective owners.

All website design, text, graphics, the selection and arrangement thereof and all software are copyright of the Company. These do not include the logos and graphics which are the property of the Website’s partners.

Submissions to the Website

Where you are invited to submit any contribution to the Website (including by way of email, text, forum postings, photographs, graphics, video or audio) you agree, that by submitting your contribution you are granting the Website a perpetual, royalty-free, non-exclusive, sub-licensable right and the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Website policy.

Also by submitting your contribution to the Website you declare that your submission is your own original work and that you have the right to make it available to the Website for all the purposes specified above.

You declare that the submission is not defamatory and does not infringe any law and indemnify the Company against all legal fees, damages and other expenses that may be incurred by the Company as a result of your breach of the above declaration and waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the purposes specified above.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Limitation of Liability

The Company shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to your engagement with the Website.  Under no conditions and in no event shall the Company be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of this Agreement or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of the Company.

The Website does not make any warranty that it is free from infection by viruses or anything else that has contaminating properties.  The Company does not accept any liability for any losses or claims arising from any inability to access the Website.

Indemnity and Waiver

You hereby agree to indemnify and keep indemnified the Company its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on the Website or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of the Website, your connection to the Website or your violation of any third party rights.

Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against the Company or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Website or as a result of from engaging the services of the Website.

Disclaimer

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The materials contained in the Website may contain inaccuracies and typographical errors.  The Company does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website.  You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. The Company reserves the right in its sole discretion to correct any errors or omissions in any portion of the Website.

The information and material on the Website are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to warranties of merchantability, non-infringement or fitness for any particular purpose or use.

The Company does not make any warranty, guarantee or any representation regarding the quality of, or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies.

The Company shall not be liable for any failure of a third party to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.

Assignment

The Company reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.  You acknowledge that you may not without the prior written consent of the Company assign or dispose of your obligations under this Agreement whether in part or in whole.

Modifications to the Website

The Company reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Website (or a part thereof) with or without notice.  You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.

You may not create a link to this website from another website or document without the Company’s prior written consent.

Notices

All notices given by the Company to you will be given by e-mail from info@swellseekers.ie or by postal mail from 3 Peters Tce, Tramore, Co. Waterford or by general posting on the Website.

Waiver

A waiver by the Company of any breach by any Customer or Supplier of any of the terms, provisions or conditions of this Agreement or the acquiescence of the Company to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.

No Partnership/Joint Venture

Nothing in this Agreement shall be construed as forming a partnership or joint venture with Customers or Suppliers and no third party company will have the right or ability to create any obligation on the Company’s behalf.

Governing Law

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

Invalidity

If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.

Disputes

All questions or disputes regarding the Website must be submitted in writing within 30 days of the query where applicable, to info@swellseekers.ie

No Agency

The Company is not an agent of any Supplier and does not warrant to the quality or suitability of any Supplier.  The Customer should carry out their own enquiries in this regard and the Company shall not bear any liability for the failure of a Supplier to effectively provide a service.

Terms and Conditions Specific to Organised Events and Bookings:

The following terms and conditions relate specifically to the Booking service provided on the Website.

We reserve the right to revise these Terms and Conditions at any time by amending this page.  Some of these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Website.

General Interpretations

“Booking” means an excursion, event or itinerary of events arranged on behalf of a Customer by the Company with a Supplier and includes a Supplier Service or a number of Supplier Services.

“Customer” means you, being any person who purchases a Service through the Website or any person on whose behalf a Service is purchased from time to time including groups of people hereinafter referred to as a “Customer Group”.

“Supplier” means a third party supplier of goods and/or services who has agreed to provide services to the Customer by arrangement of the Company;

“Supplier Service” means a service provided by a Supplier.

“Payment Details” means the electronic payment details validly entered by you on the Website upon purchase of a Service.

“Purchase” means the purchase of a service on the Website in accordance with these Terms and Conditions.

Booking the Service

All Bookings are made with the Company.

All obligations and references to the Customer apply to the entire party.

No contract exists until the Company has received a properly completed, signed booking form accompanied by the relevant deposit per person. Where posted copies of the booking form cannot be made, it is hereby agreed that e-mail is satisfactory communication for the purposes of this Agreement.

No amendments, additions, deletions or changes may be made relating to these conditions, except by express agreement, in writing by the Company.

For the avoidance of doubt the Company does not warrant the capability or conduct of any Supplier.  The Company shall not be held liable for the failure of a Supplier to suitably provide a Supplier Service.  In the event that a dispute arises the Company will make reasonable efforts to assist the Customer with any grievance they might have and raise these complaints with the Supplier on their behalf.

Obligations of the Customer

The Customer shall check all booking documentation immediately it is furnished to him/her.   Errors must be brought to the Company’s attention immediately and cannot be rectified later.  If the Customer has a query in relation to the contents of any document he must notify the Company of these concerns within seven days of receipt.  It is the responsibility of the Customer to ensure that all booking details etc. are in order.

Payment

The Customer booking the Service is solely responsible for all charges and the Company will not engage in collecting and payments from any other party in the group.

To book a trip with the Company, a deposit of 15% of the total payment due or full payment is required with submission of booking form.

Final payment must be paid from the person signing the booking form before departure of the excursion.

If the Company does not receive the full balance by the due date, the Company reserves the right at any subsequent time before departure to cancel the booking and charge a reasonable cancellation fee up to 100% of the cost of the Service.

Deposits are non-refundable.

Bookings made must be paid in full on day of the excursion.

Prices

The Company reserves the right to pass on any increases in the cost of a Service as a result of the fluctuation in currency exchange rates, increases imposed by suppliers or any increases due to Government action.

Government action means the imposition of a new tax in the relevant territory being a tax that affects the cost of the delivery of the Service, or an increase in an existing tax or levy, or other increase or event which impacts on the cost of the Service. The Company reserves the right to apply a surcharge for any increase in the costs of a Service at any time up to 30 days before your departure.

Unless otherwise stated, the cost of the Service does not include the cost of drinks, food, admission, transfers, parking charges, porterage fees, contributions and/or any other items that are not explicitly referred to on the booking form/agenda.

Client Responsibilities (including all confirmed members of the group)

The Customer booking the Service is responsible for ensuring that all members of the Customer Group are fully and properly informed of these terms and conditions and the Service details.  The Customer booking the Service is responsible for all administration on behalf of the group and is responsible for the accuracy of information supplied to the Group.  The Company will not unnecessarily engage with other members of the Customer Group and in that event will refer other members of the Group to the Customer making the booking.

The Customer will ensure that any and all members of the Customer Group are physically capable of taking part in activities, suffer no disabilities or conditions that may impair, restrict or endanger their involvement or that of other members of the group’s involvement in the Supplier Service.

Failure to comply with the programme or agenda provided by the Company or any Supplier may result in either discontinuation of the Supplier Service, event/activity or cancellation of the program in its entirety.  In these circumstances, the Company will not be liable for any refund, compensation or any other costs that may be incurred.

The Customer booking the Service is responsible for ensuring that all members of the Customer Group act at all times in a safe, responsible and courteous manner, comply with all safety procedures (for the avoidance of doubt this includes an appropriate level of sobriety), listen and be present at any and all safety and/or information briefings relevant to the Supplier Service’s activities, make supervisors or any person in authority immediately aware of any equipment or site deficiencies or concerns, dress and/or equip themselves suitably for any event or activity as advised by the Company and/or its Suppliers (failing which as is deemed appropriate or suitable in the circumstances), and observe and obey all laws, requests (including the signing of any disclaimer) and conditions of use of any Supplier.

The Customer hereby agrees to indemnify and keep indemnified the Company its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of a Service and or that of any of the Customer Group resulting in a loss to the Company or to any third party whether such loss is attributed to you or to any other person through your account either in your Customer Group or otherwise or on account of any person in your Customer Group, as a result of intent, negligence, recklessness or inactivity.

Conduct and Behaviour

Customers engage the Company’s Services subject to the rules and regulations of any Supplier and undertake to accept and follow all instructions issued to them by the relevant Supplier.  The good conduct and behaviour of all Customers is an essential element of the ability to deliver the Service and accordingly the Supplier and anyone authorised to act on behalf of such Supplier has the final say and full authority to remove any person(s) who fails to comply with instructions and requests.  No refunds will be issued in such circumstances.

The Customer accepts responsibility for the good conduct of all members of the Customer Group.  The Customer accepts responsibility for any damage incurred by a Supplier caused by any member of a Customer Group either through their actions directly or as a result of their negligence or inactivity.  The Company will not be responsible for such damage and the Customer Group will be liable to the Supplier directly for such loss.  In the event that the Company incurs a liability for such loss or damage and is required to refund or pay a Supplier for such loss, the Company reserves the right to pursue the Customer for this loss.

Warranties

The Company does not warrant the quality, skill or capability of any Supplier to deliver any Booking or Supplier Service and the Company shall not be held responsible for poor performance of a Supplier, late arrival at or missing an event due to the failure of a Supplier.  Refunds will not be given unless the Company receives a refund from the relevant Supplier.

For the avoidance of doubt the Company does not warrant the capability or conduct of any Supplier.  The Company shall not be held liable for the failure of a Supplier to suitably provide a Supplier Service.  In the event that a dispute arises the Company will make reasonable efforts to assist the Customer with any grievance they might have and raise these complaints with the Supplier on their behalf.

Cancellations

In the event that it is necessary to cancel a booking the Customer must advise the Company of this by recorded letter or email to info@swellseekers.ie.

Cancellation of a booking is effective only when received in writing from the Customer signing the booking form.   No monies will be refunded for Cancellations made after the expiry of 7 days prior to commencement of the excursion or Service.

In the unlikely event of the cancelation of a Service by the Company, the Customer will be entitled to a full refund.

Changes to a Service

In exceptional circumstances it may be necessary at times to change the details or itinerary of the Service or of a Booking.  The Company reserves the right to make reasonable alterations to any Booking made.  In that event the Company will inform the Customer as soon as reasonably possible.

This does not affect your statutory rights.

Refund Policy

In the event of a Customer or Customer Group being unable to travel for whatever reason the Customer may make an application to us to have part of the cost of the Service refunded up to a maximum of 15% of the total cost of the Booking.  Refunds shall be applied at the Company’s sole discretion.  All deposits are non-refundable within 1 week of the date of delivery of the Service. The Company may give the option to re-book at a later date.

Final payment must be received from the person signing the booking form on the day of departure of the excursion.  In the event that a booking has been paid for in full and a Customer cannot travel for whatever reason, the Company will only refund a maximum of 15% of the costs of the individual Booking at our sole discretion.

Events beyond the Company’s Control

The Company shall not be responsible for changes to a Booking as a result of War, or the threat of war, terrorist activity, political unrest, riots, civil strife, industrial disputes, natural disaster including volcanic ash, closure of airports or ports, road works, technical problems with or accidents involving aircraft or other transport (including traffic accidents/delays), fire, bad weather, force majeure (including breach of contract by any supplier of the Company).

Complaints

Complaints should be put in writing to the Company at info@swellseekers.ie within 28 days of your Booking.

Luggage

The Company does not accept responsibility for loss or damage to luggage.  The Company is not liable for lost property on the Booking.

Liability

The Company is not responsible for the operations of Suppliers and cannot warrant to the quality of the Services they provide.  The Company will not under any circumstances be responsible for any additional expense, distress, disappointment, loss, damage, injury, accident, delay, inconvenience, or irregularity resulting from or attributable to an act or default of any Supplier, company, firm or persons in connection with the carrying out of such arrangements or bookings.

Every booking is accepted subject to the conditions imposed by Suppliers and other companies, firms or persons concerned with the delivery of such services and as such any claim with respect to such matters must be made against the appropriate party.

Terms and Conditions specific to Advertisers:

The Advertiser shall pay the agreed fees for advertising and all other sums due to the Company for the full advertising period on presentation of the invoice.

The Company reserves the right to remove an Advertiser/Supplier’s ad or listing from Website at any time and refund the Advertiser/Supplier the remainder or balance of any payment made at the sole discretion of the Company.

The Company does not warrant the quality, skill or capability of any Supplier/Advertiser to deliver any Booking or Supplier Service and the Company shall not be held responsible or liable for poor performance of a Supplier, late arrival at or missing an event due to the failure of a Supplier/Advertiser.

For the avoidance of doubt the Company does not warrant the capability or conduct of any Advertiser/Supplier.  The Company shall not be held liable for the failure of a Supplier/Advertiser to suitably provide a Supplier Service.

The Company makes no warranty in relation to the bona fides of Customers or Customer Groups either to an Advertiser or Supplier.

The Company is not responsible for the operations of Advertisers/Suppliers and cannot warrant to the quality of the Services they provide.  The Company will not under any circumstances be responsible for any additional expense, distress, disappointment, loss, damage, injury, accident, delay, inconvenience, or irregularity resulting from or attributable to an act or default of any Supplier, company, firm or persons in connection with the carrying out of such arrangements or bookings.

Every booking is accepted subject to the conditions imposed by Suppliers and other companies, firms or persons concerned with the delivery of such services and as such any claim with respect to such matters must be made against the appropriate party.

The Company does not accept any responsibility for any liability, damages, losses, claims (including legal fees) resulting in any way from a Customer’s use of an Advertiser/Supplier Service resulting in a loss to an Advertiser or to any third party whether such loss is attributed to a Customer or to any other person through their account either in a Customer Group or otherwise or on account of any person in a Customer Group, as a result of intent, negligence, recklessness or inactivity or otherwise.

Any corrections or amendments to an invoice amount shall be paid by the relevant party within 14 days of notification from the Company of the correct amount.

The Advertiser shall not withhold or make any deductions from or set off any sums against any amounts due to the Company on any grounds other than any set off arising directly from the Company’s fraud or intentional breach of this FA or undisputed liquidated sums owing from the Company to the Advertiser. The Advertiser acknowledges that this restriction on deduction or set off is reasonable in the context of the parties’ commercial relationship.

Without prejudice to any other rights of the Company in the event of any delay in the receipt by the Company of any sum due to it from an Advertiser, the Advertiser shall pay to the Company compensation and interest on overdue unpaid sums at the rates set out at the relevant time in accordance with Late Payment of Commercial Debts Regulations 2002, as amended and subsequent regulations.

Buy & Sell Classified Adds Terms
Welcome to www.Swellseekers.ie (“Swellseekers.ie”). By accessing Swellseekers.ie you are agreeing to the following terms, which are designed to make sure that Swellseekers.ie works for everyone. This policy is effective 01/11/2011.

Using Swellseekers.ie. You will post in the “Appropriate & Relevant” categories or area’s only and will not do any of the following:
• violate any laws or our Prohibited Content Policy;
• upload misleading ads in targeted categories
• be false or misleading;
• infringe any third-party rights;
• distribute or promote spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Swellseekers.ie or the interests or property of Swellseekers.ie users;
• impose an unreasonable load on our infrastructure, or interfere with the proper working of Swellseekers.ie;
• copy, modify, or distribute any other person’s content;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to Swellseekers.ie.

Posting an ad on Swellseekers.ie is subject to charge. The user is responsible for making him or herself familiar with our Terms Of Use before posting an ad on Swellseekers.ie. Misleading Ads in targeted areas will result in your account been Suspended or permanently Deleted without refund.

Abusing Swellseekers.ie.
Please use the Contact Us system to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Swellseekers.ie if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Swellseekers.ie or not, we do not accept any liability for monitoring Swellseekers.ie or for unauthorized or unlawful content on Swellseekers.ie or use of Swellseekers.ie by users.

Content.
Swellseekers.ie contains content from us, you, and other users. You agree not to copy, modify, or distribute Swellseekers.ie, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights in order to host and display your content.) If you believe that your rights have been violated, please notify us and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party’s rights.

Liability.
You agree not to hold us responsible for things other users post or do. As most of the content on Swellseekers.ie comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, expressed or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Swellseekers.ie, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability.

Personal Information.
By using Swellseekers.ie, you agree to the collection, transfer, storage and use of your personal information by Vivit Ireland Ltd. You also agree to receive marketing communications from us unless you tell us that you prefer to not receive such communications.

General.
These terms and other policies posted on Swellseekers.ie constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by Irish Law. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent to notices@swellseekers.ie. We will send notices to you via the email address that users provide, or by registered mail. Notices sent by email will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next post or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to Swellseekers.ie support@swellseekers.ie .