web analytics

Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

  1. INTRODUCTION
  • These terms and conditions (the “Agreement”) set out the terms and conditions of use by you the User (“You”) of the Global E Shop Solutions Limited (“GESS”) mobile application and online store website development and hosting service (the “Service“) and represents the entire Agreement between You and GESS. By using the Service, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement.
  • In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account which you have established with GESS, whether or not the transactions were on Your behalf.
  • In using the Service You agree that You are aged 18 years or over. The Service is available only to persons who can make legally binding contracts under applicable law.

 

  1. GETTING STARTED
  • To begin the enrolment process, you must submit a complete and accurate application on the [www.moshoppa.ie] website (the “Site” or “this Site”). For purposes of this Agreement, references to “Your Site” or means the website and/or mobile application which GESS hosts on your behalf. You must identify Your Site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application in our absolute discretion.
  • You will not use this Site or the Services in a manner (as determined by GESS in its sole and absolute discretion) that:
  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
  • Infringes on the intellectual property rights of any person or entity;
  • Violates the privacy or publicity rights of any person or entity, or breaches any duty of confidentiality that you owe to any person or entity;
  • Interferes with the operation of this Site or the Services found at this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding GESS or GESS’s Services.
  • You may not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by GESS.
  • You may not access GESS content or user content through any technology or means other than through this Site itself, or as GESS may designate.
  • You agree to back-up all of your User Content so that you can access and use it when needed. GESS does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  • You agree to provide government-issued photo identification, proof of address or such other identity documents as we may request and/or government-issued business identification as required for verification of identity when requested.

 

  1. THE SERVICE
  • GESS will provide You with the ability to create, manage and maintain an online storefront provided, however, that You abide by the terms and conditions set forth herein and in each of GESS’s policies and procedures.
  • The Service allows You to:
  • add, access, manage and maintain a catalog of products and/or services and present said catalog on the Internet through a compiled storefront rendered as a domain (web site) or sub-domain; and
  • engage in the selling of physical and downloadable goods over the internet.
  • You shall be solely responsible for providing, updating, uploading and maintaining Your Site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your Site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Service.
  • Subject to the terms and conditions of this Agreement, GESS shall attempt to provide the Service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which GESS may undertake from time to time; or (iii) causes beyond the control of GESS or which are not reasonably foreseeable by GESS, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that GESS has no control over the availability of the Service on a continuous or uninterrupted basis.
  • You agree the performance of Your Site may begin to slow at varying number of products depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree GESS has no control over potential physical and practical constraints You may experience at an uncertain number of products in a category.

 

  1. THE ROLE OF GESS 
  • GESS provides a platform for merchants who comply with GESS’s policies to offer and sell certain goods. While GESS acts as agent of the merchant (i.e. the ultimate supplier of items purchased through Your Site) and GESS processes payments on behalf of merchants, GESS is not directly involved in the transaction between buyers and merchants and any rights that buyers may have in respect of any item are therefore only against the merchant from whom those buyers purchase it and not against GESS. When an item is purchased through the website a contract is concluded between the buyer and the merchant. Buyers will receive an invoice directly from merchants in respect of any items purchased and the sale and purchase of any item will be subject to the terms and conditions of the individual merchant. GESS is not a party to any contract between a merchant and buyer and disclaims all liability in connection therewith. The merchant is responsible for dealing with any buyer claims or any other issues arising from the contract between the buyer and the merchant.
  • GESS acts as an agent for purposes of processing payments, chargebacks, refunds, customer service and adjustments for transactions between buyers and merchants, charging buyers’ credit cards, and paying merchants amounts which buyers owe to them. In addition to these terms and conditions, buyers are also bound by the terms and conditions of each individual merchant. Once an item is purchased the relevant buyer will receive an email confirmation of such purchase containing the terms and conditions of the merchant from which the purchase was made.

 

  1. YOUR OBLIGATIONS 
  • You agree You have provided accurate, current and complete information in the application process and that You will notify GESS within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by GESS to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if GESS has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, GESS has the absolute right, in its sole discretion, to terminate the Service and close Your account.
  • Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the Service (including, for the avoidance of doubt, the website and/or the app) and all rights are reserved by GESS or its licensor. You agree that the names and logos of GESS and all related product and service names, design marks and slogans, are the property of GESS and that You are not authorised to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of GESS.
  • You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by GESS. You affirmatively acknowledge GESS is relying on Your representation concerning Your proper use of all content on any web site You control.
  • You agree to be bound by GESS’s Privacy Policy in its dealings with customers and others. Failure to comply with such Privacy Policy will be deemed a material breach of this Agreement.
  • At all times, You shall bear full risk of loss and damage to Your web site, app and all of Your web site and app content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored by GESS; and (iv) ensure the confidentiality of Your password. GESS’s hosting services are not an archive and GESS shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify GESS, whereupon GESS shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. GESS will not be liable for any loss You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You could be held liable for losses incurred by GESS or another party due to someone else using Your account or password. If GESS terminates Your Service, it may, at its own option, remove and destroy data and files stored by GESS on Your behalf. GESS has no obligation to monitor Your use of the Service but reserves the right in its sole discretion to do so.
  • If you are hosting Your web site through our Site You are responsible for ensuring there is no excessive overloading of the Site. You may not use the Service and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Hacking or other perpetration of security breaches is prohibited and GESS reserves the right to remove sites that contain information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. GESS prohibits the use of software or scripts which cause loading beyond a reasonable level, as determined by GESS. You agree GESS reserves the right to remove Your web site temporarily or permanently from its hosting service s if GESS is the recipient of activities that threaten the stability of its network.
  • Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information. You may have multiple accounts on GESS, but GESS strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards. GESS will not honor rewards from such accounts.
  • Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to this Agreement.
  • You warrant and agree that any information you post or display shall:
  • be true, accurate, complete and lawful;
  • not be false, misleading or deceptive;
  • not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
  • not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • not violate any of GESS’s policies or any other terms.
  • You warrant and agree that you shall:
  • carry on your activities on the website and the App in compliance with any applicable laws and regulations;
  • carry on your activities in accordance with this Agreement and any applicable additional agreements;
  • not use the Service to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
  • not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
  • not engage in spamming or phishing;
  • not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
  • not involve attempts to copy, reproduce, exploit or expropriate the Service various proprietary directories, databases and listings;
  • not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  • not involve any scheme to undermine the integrity of the data, systems or networks used by GESS and/or the Service or gain unauthorized access to such data, systems or networks;
  • not engage in any activities that would otherwise create any liability for GESS or our affiliates

 

  1. TERM, TERMINATION, MODIFICATIONS 
  • The term of this Agreement shall commence on the date You purchase the Service, and will continue in full force and effect as long as GESS is providing the Service to You.
  • You agree that You will be responsible for notifying GESS should You desire to terminate Your use of the Service. Notification of Your intent to terminate must be provided to GESS no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. In the absence of notification from You, GESS will automatically continue providing access to the Service indefinitely and will charge the payment method You have on file with GESS, at GESS’s then current rates. It is Your responsibility to keep Your Payment Method information current, including the expiration date of any credit cards You have on file. GESS reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of the Service.
  • You agree that GESS may modify this Agreement from time to time. GESS may also discontinue the Service. You agree to be bound by any changes GESS may reasonably make to this Agreement when such changes become effective.
  • GESS shall have the right to terminate your use of the Service and/or your registration privileges at any time for any reason, including, but not limited to, your breach of this Agreement, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, GESS shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that GESS terminates your use rights, GESS shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.

 

  1. Warranty Disclaimer. 
  • Neither GESS nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from GESS or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
  • THE SERVICE IS PROVIDED BY GESS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
  • LIMITATION OF LIABILITY. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. HOWEVER TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, (INCLUDING NEGLIGENCE) CONTRACT, BREACH OF STATUTORY DUTY, STRICT LIABILITY, OR OTHERWISE) SHALL GESS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DAMAGES (EVEN IF FORSEEABLE) RESULTING FROM YOUR SELECTION, OR USE OF, OR INABILITY TO USE, OR THE SUITABILITY OF THE WEBSITE, APP AND ANY USE BY YOU, OR RELIANCE BY YOU ON, OF THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE WEBSITE AND/OR APP OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE WEBSITE OR APP, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, LOSS OF GOODWILL BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION OR ANTICIPATED SAVINGS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
  • To the fullest extent allowed by applicable law, you agree to indemnify and hold GESS, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of this Agreement . In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). 
  • You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without the prior written consent of GESS. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.

 

  1. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY 
  • GESS generally does not pre-screen User Content (whether posted to a website hosted by GESS or posted to this Site). However, GESS reserves the right (but undertakes no duty) to do so and decide whether any item of content is appropriate and/or complies with this Agreement. GESS may remove any item of User Content (whether posted to a website hosted by GESS or posted to this Site) and/or terminate a your access to the Services found for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by GESS in its sole and absolute discretion), at any time and without prior notice. If GESS terminates your access to the Services found at this Site, GESS may, in its sole and absolute discretion, remove and destroy any data and files stored by GESS on Your behalf.

 

  1. ADDITIONAL RESERVATION OF RIGHTS 
  • GESS expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) the Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by GESS in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by GESS in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of GESS, its officers, directors, employees and agents, as well as GESS’s affiliates, including, but not limited to, instances where you have sued or threatened to sue GESS, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on Your Site.
  • GESS expressly reserves the right to terminate, without notice to you, any and all Services where, in GESS’s sole discretion, you are harassing or threatening GESS and/or any of GESS’s employees.

 

  1. GESS RESERVATION OF RIGHTS 
  • We reserve the right and sole discretion to determine whether the content and keywords of a website are illegal, prohibited, or otherwise not appropriate, and to cancel your Services. The promotion of the following is not allowed and includes, but is not limited to, the following:
  • Counterfeit Goods: GESS does not allow the promotion of counterfeit goods as they mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.
  • Dishonest Behavior: GESS does not allow for the promotion of products or services whose purpose is to enable users to mislead or deceive.
  • Online/Offline Gambling: GESS does not allow the promotion of offline or online gambling or the instruction of gambling.
  • Capitalising on sensitive events: GESS does not allow the promotion of content that may be deemed as capitalising on or lacking reasonable sensitivity towards a natural disaster, conflict, death, or other tragic event.
  • Hatred & Intolerance: GESS does not allow the promotion of content that incites or endorses hatred against others. Content that inappropriately discriminates against a person or group or that seeks to intimidate, exploit, or humiliate others.
  • Shocking content: GESS does not allow the promotion of content containing violent language, gruesome or disgusting imagery, or accounts of physical trauma. Content containing gratuitous portrayals of bodily fluids or waste. Promotions containing obscene or profane language or content that are likely to shock or scare.
  • Threatened or extinct species: GESS does not allow the promotion of content that may be interpreted as trading in or selling products derived from threatened or extinct species.

 

  1. INTELLECTUAL PROPERTY 
  • The Website, App, and the content and all intellectual property rights included in or associated with the Website or App, including, but not limited to patents, copyrights, trademarks, service marks, logos, (the “Content”) are either owned by GESS or owned by others and licensed to us. All rights, title and interest in and to the Website or App and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website, App or in the Content. You agree not to access the Service by any means other than through the interface GESS provides via the Website or App for use in accessing the Service. Your use of the Website, App or Service does not grant you any right, license or permission of any kind to reproduce or use GESS’s intellectual property.
  • The Content is provided for general information only. It is not intended to amount to advice on which you should rely, therefore GESS shall not be deemed liable for any damages or harm (both — economical and non-economical losses) thereof. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website or App.
  • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete or up to date.

 

  1. FEES 
  • You will pay the Fees applicable to the Services (“Subscription Fees”). You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. GESS will charge applicable Fees to the credit card account that you authorize (“Authorised Card”), and GESS will continue to charge the Authorised Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
  • Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”), will be charged from time to time at GESS’s discretion.
  • If we are not able to process payment of Subscription Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Subscription Fees, plus the Subscription Fees applicable to your next billing cycle. You will not be able to access your account during any period of suspension. If the outstanding Subscription Fees remain unpaid for 60 days following the date of suspension, GESS reserves the right to terminate your account.
  • All Subscription Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Tax”). It is your responsibility to comply with Tax law and GESS shall have no liability whatsoever in connection with your failure to comply with local Tax law.
  • GESS does not provide refunds.

 

  1. CANCELLATION AND TERMINATION 
  • You may cancel yourAccount at anytime by emailing support@moshoppa.com  [– ] and then following the specific instructions indicated to you in GESS’sresponse 
  • Upon termination of the Services by either party for any reason
  • GESS will cease providing you with the Services and you will no longer be able to access your Account;
  • unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
  • any outstanding balance owed to GESS for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
  • your store website will be taken offline.
  • If you purchased a domain name through GESS, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider. GESS will provide such information relating to your domain as it may have on file.
  • If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  • We reserve the right to modify or terminate the GESS Service or your Account for any reason, without notice at any time.
  • Fraud: Without limiting any other remedies, GESS may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

 

  1. NATURE OF RELATIONSHIP 
  • Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive benefit of GESS, you, and customers. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on Your Site or otherwise, that would contradict anything in this section.

 

  1. MODIFICATIONS TO THE SERVICE 
  • The Company reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Service (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 Service.

 

  1. COMPLAINTS/DISPUTES 
  • If you have any concerns about material which appears on the Service or if you believe that Content posted on the Service breaches the Agreement or is in any other way objectionable, please notify us by email to privacy@moshoppa.com specifying the full details of your concern or complaint, specifying the reasons for your concern or complaint making clear reference to any such Content.
  • If you do not provide us with sufficient information, we may be unable to process your complaint. We reserve the right to investigate your complaint and we will determine, in our discretion, what action (if any) to take.  We will make all reasonable endeavours to respond to complaints received as soon as possible.

 

  1. FORCE MAJEURE 
  • The Company shall not be liable to you as a result of any delay or failure to perform its obligations under these Terms if and to the extent such delay or failure is caused by an event beyond the Company’s reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

 

  1. NOTICES 
  • In the course of providing you services and in respect of your use of the Service, we may need to communicate with you via email or any other contact details that you have submitted to us (if any). You agree to receive emails which are necessary for the normal functioning of the Service, including emails which help inform users about functionality.  Notices given by the Company to you may be given by e-mail or by general posting on the Service or any associated Service.

 

  1. WAIVER 
  • A waiver by the Company of any breach by any user of any of the 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. A failure to exercise or delay in exercising a right or remedy provided by the Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.  No single or partial exercise of a right or remedy provided by the Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.

 

  1. SEVERABILITY 
  • If any provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

  1. DATA PROTECTION AND PRIVACY POLICY 
  • It is our policy to respect the privacy of our users. In the course of our dealings we are likely to acquire personal data and information about you.  We will not monitor, edit or disclose any personal information about you without your prior consent save for in accordance with our Privacy Policy.  In this regard, the Company undertakes to only use your Data in accordance with the conditions set out in the Terms and in particular in our Privacy Policy [LINK] 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 or regulatory authority as we in our sole discretion believe necessary or appropriate.
  • We do not sell or knowingly pass any personal information from your account to any third party, except information which is required to provide the service between you and our Partners and Suppliers. If you feel that your information has been compromised in any way, please report it immediately to us at.
  • 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 or the General Data Protection Regulations. We respect your right to privacy and we comply with our obligations under the Data Protection Acts 1988 and 2003, as amended.  Please see our Privacy Policy [LINK] and Cookies Policy [LINK].  The purpose of the Privacy Policy is to outline how we deal with any personal data you provide to us while visiting the Service, and it forms part of the Agreement.  If you are not happy with the Privacy Policy you should not use the Service.  We reiterate that any external links to other Services are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other Services.
  • Your Data will not be shared with any third parties, save as necessary for the implementation and provision of the benefits offered by this service. Redemption or transactional information may be shared with us by our Partners, Suppliers and other relevant parties only.

 

  1. SECURITY 

The Service has security measures in place to protect you and others as you use the service.  Please remember that‚ because of the nature of the internet‚ the security of information cannot be guaranteed.  Please see our Privacy Policy for more detail. [LINK]

 

  1. RESTRICTIONS ON RIGHT TO USE 
  • You agree that you shall not (and you agree not to allow any third party to):
  • Modify, adapt, translate, or reverse engineer any portion of the Service;
  • Remove any copyright, trade mark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained via the Service;
  • Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
  • Access, retrieve or index any portion of the Service for purposes of constructing or populating any database;
  • Reformat or frame any portion of any web pages that are part of the Service;
  • Create user accounts by automated means or under false or fraudulent pretences or create multiple log-ins;
  • Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • Use the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • Copy or store any content offered on the Service for any use other than your own;
  • Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
  • Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • Use the Service, intentionally or unintentionally, to violate any applicable law;
  • Impersonate any person or entity;
  • Attempt to gain unauthorised access to the Service, its facilities and/or services or any accounts, computer systems and networks connected to the Service, its facilities and/or services through hacking, password miming or any other means;
  • Post or use any material that is obscene, defamatory, seditious, indecent, offensive, incite racial hatred or incite a crime, be naming or scandalous or inappropriate;
  • Harvest or otherwise collect by any means any programme material or information from the Service unless authorised under the Agreement or to monitor, mirror or copy any content of the Service without our prior written consent;
  • Identify or speculate as to the identity of any anonymous or pseudonymous user; or
  • Solicit passwords or personally identifying information for commercial or unlawful purposes.
  • We reserve the absolute right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any content posted or submitted by you at any time and without notice to you. We reserve the right to monitor and to review all content submitted to us, accessed on or published on the Service at any time.

 

  1. CONSEQUENCES FOR FAILURE TO COMPLY WITH THE AGREEMENT 
  • Failure by you to comply with the Agreement may result in our taking all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use the Service;
  • Suspension, restriction or limitation of any rights or permissions associated with a Fan;
  • Take legal proceedings against you for reimbursement of all costs on a full indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Other legal action against you; and/or
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  • We exclude liability for actions taken in response to breaches of the Agreement and restrictions of use. The responses described in the Agreement are not limited, and we may take any other action we reasonably deem appropriate.

 

  1. GOVERNING LAW 
  • The Service is controlled and operated by the Company from its location in Ireland. The Company makes no representation that the Content is appropriate or available for use in other locations.  Users who choose to access the Service in or from other locations do so on their own initiative and are responsible for compliance with local laws.  Access to the Service from locations where the contents of the materials or the services or goods advertised on the Service are illegal is prohibited.  If you access the Service you do so on your own initiative and at your own risk and you are responsible for compliance with the applicable laws and regulations of the location in which you access the Service.
  • The Agreement shall be governed by and construed in accordance with Irish law and any dispute which may arise out of or in connection with the Agreement or the legal relationship established by them, shall be subject to the exclusive jurisdiction of the Irish Courts, although we retain the right to bring proceedings against you for breach of the Agreement in your country of residence or any relevant country. The rights and remedies contained in the Agreement are cumulative and not exclusive of rights or remedies provided by law.
  • Without prejudice to the foregoing, the Company may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and the Company may bring enforcement proceedings in another state on foot of an Irish judgement.

 

Sign up to our newsletter