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Getaway Media Limited Limited Terms of Use

This page sets out the terms for the use of the www.getaway.ie (the ‘Site’) offered by Getaway Media Limited Limited and the Services we offer.

1. SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS OF USE
1.1. What this document is and who we are: You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. You are agreeing to the terms of use that appear below, all of which are called the “Agreement”. We’re Getaway Media Limited Limited and we are the operator of this Site, and provider of a range of services related to the Site. Getaway Media Limited Limited is a company registered in Ireland with our registered office at 24 South Frederick Street, Dublin 2. Our company number is TBC. We refer to ourselves as “Getaway Media Limited”, “we”, “us” or “our” in this document.
These are the terms and conditions on which you are offered access to getaway.ie and it’s search and booking services for activities, attractions, products and services. If you do not accept these terms and conditions, you must refrain from using getaway.ie and it’s online services.
These terms and conditions may be amended in whole or in part by Getaway Media Limited Limited from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web Site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the webSite and it’s services represents your agreement to be bound by the terms and conditions as amended.

Getaway Media Limited Limited may assume all contracts, rights, obligations and liabilities under these Terms of Use from Getaway Media Limited Limited by way of novation by way of written notice (posted on this Site or communicated by other means) with the result that only Getaway Media Limited Limited remains entitled and obligated under these Terms and you hereby irrevocably consent to the assignment and transfer of all such contracts rights, obligations and liabilities.

1.2. What we do: We provide a platform (including this Site, mobile applications, etc.) where we, our local affiliates and other sellers (collectively, “Sellers”) can list offers for vouchers, deals, goods, getaways and other products (collectively, “Deals”). As a platform provider, we help facilitate transactions for Deals on our platform.
We provide a channel where our hotel partners can post vouchers for their deals or offers and you can purchase these vouchers. You can then use these unique voucher codes to book a stay in their hotel(s). This means that in addition to this Agreement, you will have other contractual relationships with different legal entities when you interact with the Site such as the hotel operator.
In the case of products that we offer for sale on the Site, these are offered by vendor affiliates who will manage the shipment of the product to you when you purchase it. Again you will have other contractual relationships with these vendor partners of ours as they fulfill your purchase.

1.3. What are all of the legal relationships:
Whatever deal you purchase via the Site will be subject to the terms and conditions of that Seller. Since Getaway Media Limited Limited is not the Seller, this means that your contract of sale will most likely be with a different legal entity. But please note that any contracts formed at the completion of a sale for Deals are solely between you and the Seller (and not Getaway Media Limited, unless Getaway Media Limited). The Seller is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Seller. Please also note that in respect of purchases of a Voucher, in addition to the contract of sale you will have with the Seller of the Voucher, there will also be a contract between you and the business that actually provides the Products when you redeem your Voucher with that business (the “Merchant/Hotel Partner/Vendor”). In respect of any Vouchers, neither we nor any Seller assumes responsibility for any contracts regarding the redemption of your Voucher with a Merchant/Hotel Partner/Vendor. Finally, please understand that we are never the Seller’s or Merchant/Hotel Partner/Vendor’s agent.

1.4. What we also do: We may provide a forum to submit or post User Content, as well as send newsletters and other communications to you. In order to send emails to you, we need to know a little bit about you. Take a look at our data collection and processing practices in our Privacy Statement for details.

1.5. Scope of Use: The Site and our Services are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access the Site only through our app (launching 2019), standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, Site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

1.6. Prevention on use: We reserve the right to prevent you from using the Site and the Services (or any part of them).
1.7. Definitions: In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within or at the end of this Agreement in section 13.

2. REGISTERING WITH US AND YOUR ACCOUNT
2.1. Why Register: Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access many of our Services. However, you must Register in order to make a purchase. This is so that we can provide you with easy access to print your Voucher, view your past purchases, store any Getaway Media Limited credit for you and modify your preferences. We reserve the right to decline a new Registration or to cancel an Account at any time. You Register with us so you don’t have to re-enter your information every time you buy something.

2.2. How to Register: To Register you need to supply us with your name, email address, and possibly some other personal information such as address, eircode.

2.3. Passwords: During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

2.4. Valid email addresses: All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.

2.5. Emails: Getaway Media Limited will send you regular promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made. (You can opt-out of our promotional emails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)

2.6. Push Notifications: Where you have consented,Getaway Media Limited may send you promotional push notifications on your mobile device(s) for general and location-based deals. You can opt-out of our promotional push notifications at any time by changing the preferences on your mobile device.

3. USER CONTENT
3.1. User Content: The Site may provide Account holders and visitors to the Site various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”). User Content may be submitted or posted through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Services from time to time. You may be required to have an Account to submit User Content.

3.2. Creator of the User Content: In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.

3.3. Restrictions: You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Getaway Media Limited does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Other restrictions and forbidden activities you should be aware of are listed in section 5, below.

3.4. Use of User Content: Getaway Media Limited has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content. Getaway Media Limited further has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Getaway Media Limited , as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, Getaway Media Limited has the right to remove any material from the Site in its sole and absolute discretion. Getaway Media Limited assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Getaway Media Limited has no obligation to use your User Content and may not use it at all.

3.5. Modifying or removing User Content: In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account. Getaway Media Limited makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

3.6. Public Nature of User Content: You understand and agree that User Content is public. Any person (whether or not a user of Getaway Media Limited’s Services) may read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed. Getaway Media Limited is not responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content.

3.7. Disclaimer: Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Getaway Media Limited. Other users may post User Content that is inaccurate, misleading or deceptive. Getaway Media Limited does not endorse and is not responsible for any User Content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and does not reflect the opinion of Getaway Media Limited.
Getaway Media Limited does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including any objectionable User Content.

3.8. Grant: Some User Content you submit to Getaway Media Limited may be displayed or may give you the option to display it in connection with your personal information, or a portion of your personal information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant Getaway Media Limited and the Getaway Media Limited a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferable, worldwide right to use, display, distribute, offer for sale and sell the personal information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or later developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However,Getaway Media Limited shall have no obligation to use your personal information in connection with any User Content.

3.9. License: As between you and Getaway Media Limited , you shall retain all of your ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Getaway Media Limited and the Getaway Media Limited a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Getaway Media Limited and the Getaway Media Limited’s license in any User Content or personal information submitted includes use for promotions, advertising, marketing, market research, Merchant/Hotel Partner/Vendor feedback, quality control or any other lawful purpose.

3.10. Copyright Procedures: Getaway Media Limited reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. Getaway Media Limited may, under appropriate circumstances and at its sole discretion, terminate your or any third-party’s right to access to the Site, if Getaway Media Limited determines that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Getaway Media’s attention, you must either submit your complaint here or provide Getaway Media Limited’s Copyright Agent identified below with the following information: (a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorised by the owner, its agent or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner’s behalf. The contact information forGetaway Media Limited’s Copyright Agent for notice of claims of copyright infringement is:

Getaway Media Limited
Attn: Copyright Agent,Getaway Media Limited, 24 South Frederick Street, Dublin 2, Ireland.

Infringement Reporting Procedures: If you own copyright, trademark, patent or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorised to act on the IP Rights Owner’s behalf (“Authorised Agent”), and you have a good faith belief that material or products on the Site infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to Getaway Media’s attention, you can report your concern(s) by submitting your complaint here.

3.11. Unsolicited Ideas: We do not accept or consider, directly or through any Getaway Media Limited employee or agent, unsolicited ideas of any kind, including ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
Getaway Media Limited has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
Getaway Media Limited will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

4. STANDARDS AND GETAWAY MEDIA LIMITED’S LIMITATION OF ITS LIABILITY

4.1. The standards we operate under: Getaway Media Limited always tries its best at what it does and promises that:

4.1.1. we will exercise reasonable care and skill in performing our obligations under this Agreement; and

4.1.2. and we will not contravene the requirements of professional diligence in what we do.

4.2. Section 4 is important: This section 4 takes precedence over all other sections in this Agreement and sets forth our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Services or Site or any purchase (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.

4.3. What we are responsible for:
Nothing in this Agreement shall exclude or limit our Liability for :
(i) fraud;
(ii) death or personal injury caused by our negligence;
(iii) serious misconduct by us, excluding serious misconduct not conducted by Getaway Media Limited itself; or
(iv) any Liability which cannot be excluded or limited by applicable law.

4.4. Categories of loss that we are not responsible for: Notwithstanding Clause 4.3, since we only provide the Site and Services for your non-business use, we are never liable for:

4.4.1. loss of income or revenue;

4.4.2. loss of actual or anticipated profits;

4.4.3. loss of business; or

4.4.4. indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).

5. YOUR OBLIGATIONS
5.1. Accurate information: You warrant that all information provided on Registration and contained as part of your Account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.

5.2. Content on the Site: It is your responsibility to ensure that any Deals or information (or Products) available through the Site meet your specific requirements.

5.3. Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Services or Site:

5.3.1. to upload, send or receive any material, including User Content, which is not civil or tasteful;

5.3.2. to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;

5.3.3. to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

5.3.4. to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);

5.3.5. to cause annoyance, inconvenience or needless anxiety;

5.3.6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

5.3.7. for a purpose other than which we have designed them or intended them to be used;

5.3.8. for any fraudulent purpose; or

5.3.9. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

5.4. Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

5.4.1. resell the Services or Site;

5.4.2. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;

5.4.3. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

5.4.4. access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;

5.4.5. execute any form of network monitoring which will intercept data not intended for you;

5.4.6. send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

5.4.7. create or forward “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;

5.4.8. send malicious email, including flooding a user or Site with very large or numerous emails;

5.4.9. enter into fraudulent interactions or transactions with us, a Seller or a Merchant/Hotel Partner/Vendor (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

5.4.10. use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;

5.4.11. use in an unauthorised manner, or forge, email header information;

5.4.12. engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Voucher; or

5.4.13. copy or use any User Content for any commercial purposes.

5.5. Equipment: The Services and use of the Site does not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.

6. RULES ABOUT USE OF THE SERVICES AND THE Site

6.1. Errors and omissions: We are not liable for errors or omissions (e.g., listing a Voucher at €0.99 instead of €99) if we have complied with the standards set out in section 4 of this Agreement. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any Voucher, Item, Services or information on the Site or forming part of the Services from time to time.

6.2. Viruses and similar stuff: We do not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology.

6.3. Stopping access: Although we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.

6.4. Closing Accounts: We reserve the right to close Accounts if any user is violating our terms of use (i.e., this Agreement), including if he is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if a user pretends to be located in a country different from where he actually resides, or if he disrupts the Site or the Services in any way.

6.5. Multiple Accounts: If you use multiple Accounts, if we do take any action against you, you may have action taken against all of your Accounts.

7. SUSPENSION AND TERMINATION
7.1. If you use (or anyone other than you, with your permission uses) the Services or Site in contravention of this Agreement, we may suspend your use of the Services and/or Site (in whole or in part).

7.2. If we suspend the Services or Site, we may refuse to restore the Services or Site until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.

7.3.Getaway Media Limited shall fully cooperate with any law enforcement authorities or court order requesting or directing Getaway Media Limited to disclose the identity or locate anyone in breach of this Agreement.

7.4. Without limitation to anything else in this section 7, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:

7.4.1. you commit any breach of this Agreement;

7.4.2. we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or

7.4.3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

7.5. Notwithstanding anything else in this section 7, we may terminate this Agreement at any time.

7.6. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

8. DATA PROTECTION
8.1. Please see our Privacy Statement and Cookies Policy which form part of this Agreement.

9. ADVERTISEMENTS
9.1. Any advertisements may be delivered on our behalf by a third party advertising company, which may, on our behalf, place or recognise a unique “cookie” on your browser. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Cookies Policy and Privacy Statement.

10. LINKS TO AND FROM OTHER SITES

10.1. Where the Site contains links to third party Sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products of Other Sites (including relating to social networking Sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.

11. INTELLECTUAL PROPERTY RIGHTS
11.1.Getaway Media Limited grants you a limited, personal, non transferable, non exclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by Getaway Media Limited . All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site and Services, (subject to section 11.4 below) materials, information and content on the Site or accessed as part of the Services, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.

11.2. None of the material listed in section 11.1 above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the Getaway Media Limited or the copyright owner, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not on any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or content on the Site without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. In addition, you may not make any use that exceeds or violates this Agreement.

11.3. Getaway Media Limited owns trademarks, registered and unregistered, and “Getaway.ie,” the Getaway Media Limited and Getaway.ie logos and variations thereof found on the Site are trademarks owned by Getaway Media Limited, Inc. or its related entities and all use of these marks inures to the benefit of Getaway Media Limited.

11.4. Title, ownership rights and intellectual property rights in and to the content accessed using the Site and Services is the property of the applicable content owner or Merchant/Hotel Partner/Vendor and may be protected by applicable copyright, trademark or other law. This Agreement gives you no rights to such content except for the licenses granted herein.

11.5. Except in respect of User Content, the authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the author of those works.

11.6. Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to section 3, our obligations under data protection legislation and subject to any payment details you provide for the purpose of making a payment. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e., via email, the Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, transferable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform worldwide any such material, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you, for the purpose of operating the Site and providing the Services.

12. GENERAL
12.1. Interpretation: In this Agreement:

12.1.1. words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

12.1.2. section headings such as (“12. GENERAL” at the start of this section) and section titles (such as “Interpretation:” at the start of this section 12.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and

12.1.3. references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.

12.2. No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

12.3. No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

12.4. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under this Agreement to any person.

12.5. Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

12.6. No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.

12.7. Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by pre-paid post, to you at the address you supplied to us or to us at our registered office.

12.8. No Third party rights: You hereby agree and acknowledge that Getaway Media Limited enters into this Agreement for its own benefit but also as an agent for the benefit and on behalf of the Getaway Media Limited and our third party content providers and licensors (the Third Party Rights Holders”) and that all rights and benefits of Getaway Media Limited (but not any burdens or obligations) under or in connection with this Agreement including under indemnity, contract, tort, or howsoever arising shall be rights and benefits of the each of the Third Party Rights Holders (as if each one were a party to this Agreement). Such rights and benefits shall be enforceable under this Agreement by Getaway Media Limited for itself and/or as agent for any or all of the Third Party Rights Holders.

12.9. Survival: In any event, the provisions of sections 1, 3, 4, 7, 11, 12 and 13 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Services or Site again, then the provisions of the terms and conditions that then apply will govern your re-use of the Services or Site. In the event you use Vouchers bought under this Agreement, then those provisions applicable to Vouchers will survive termination of this Agreement.

12.10. Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

12.11. Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Ireland.

13. DEFINITIONS
In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
“Account” means your Getaway Media Limited Account.
“Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) – and for the purposes of this definition, all references to “Agreement” shall be deemed to include any collateral contract.
“Merchant/Hotel Partner/Vendor” means a Seller of Products for which a Voucher can be redeemed. A Merchant/Hotel Partner/Vendor is NOT any of the Sellers or Getaway Media Limited .
“Site” means websites, mobile applications, electronic communications or services, social networking Sites, or any individual, business partner-specific, Merchant/Hotel Partner/Vendor-specific, city-specific, or other area-specific webSites that link to or reference these terms of use.
“Register” means to create an Account on the Site, and “Registration” means the action of creating an Account.
“Services” means all or any of the services provided by Getaway Media Limited via the Site (or via other electronic – or other – communication from Getaway Media Limited ) including mobile applications, our newsletter, emails we send you and the information services, content and transaction capabilities on the Site (including the ability to make a purchase).
“Voucher” means a voucher which is sold by the Sellers and can be exchanged for Products from a relevant Merchant/Hotel Partner/Vendor, subject to terms and conditions listed on the Voucher itself and/or on the deal page of the Site from which the Voucher was purchased.
“Products” means goods and/or services which are described as part of a Voucher (and for which a Voucher can be redeemed).
Getaway Voucher Terms of Sale – Ireland

General Information
These Terms of Sale apply to every Voucher you purchase from Getaway Media Limited.
Getaway Media Limited means Getaway Media Limited, a company registered in Ireland and with its registered office at 24 South Frederick Street Dublin 2 Ireland.Getaway Media Limited’s registration number is TBC and its VAT number is TBC.
Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Merchant/Hotel Partner/Vendor Offering from the Merchant/Hotel Partner/Vendor during the period of time stated on the Voucher (the “Redemption Period”).
The Merchant/Hotel Partner/Vendor Offering shall mean the goods and/or services to be supplied and/or provided by the Merchant/Hotel Partner/Vendor to the Voucher Holder, as specified on Getaway Media Limited’s Site and on the Voucher.
The Merchant/Hotel Partner/Vendor is a third party unrelated to Getaway Media Limited that sells, supplies and/or provides the Merchant/Hotel Partner/Vendor Offering. Getaway Media Limited does not sell, supply and/or provide the Merchant/Hotel Partner/Vendor Offering. It only sells and supplies the Voucher.
These Terms of Sale were last updated on 25.9.2018. Getaway Media Limited reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted online. You will be bound only to the version of the Terms of Sale you agreed to at the time you purchase a Voucher.

Purchase of a Voucher
You must be at least 18 years old to purchase a Voucher. Before you can make a purchase you need to register and create an account with Getaway Media Limited.
By clicking on the “Buy Now” button you submit an offer to Getaway Media Limited to buy the Voucher. However, the purchase of the Voucher is not complete until you receive an email from Getaway Media Limited confirming acceptance of your offer. Getaway Media Limited expressly reserves the right to reject your offer. In addition, even if Getaway Media Limited has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against Getaway Media Limited, an affiliated third party ofGetaway Media Limited or the Merchant/Hotel Partner/Vendor.
The Merchant/Hotel Partner/Vendor may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant/Hotel Partner/Vendor Offering.

Redemption of a Voucher
Unless expressly stated otherwise: the Voucher can only be redeemed once; the Voucher can only be redeemed with the Merchant/Hotel Partner/Vendor and not with Getaway Media Limited;
the Voucher is valid for one person only; and you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Merchant/Hotel Partner/Vendor.
In order to redeem a Voucher you must present it to the Merchant/Hotel Partner/Vendor within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically and cannot be redeemed anymore.

In the event that a Merchant/Hotel Partner/Vendor Offering on getaway.ie is a “Direct Checkout” deal,Getaway Media Limited will collect your shipping details at the time of purchase.Getaway Media Limited will then pass these details to the Merchant/Hotel Partner/Vendor on your behalf. The Merchant/Hotel Partner/Vendor will then process the redemption of your Voucher and dispatch the Merchant/Hotel Partner/Vendor Offering to you.

Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Merchant/Hotel Partner/Vendor Offering at a specific time. You are strongly recommended to contact the Merchant/Hotel Partner/Vendor at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Merchant/Hotel Partner/Vendor Offering.Getaway Media Limited cannot influence the supply and/or provision of the Merchant/Hotel Partner/Vendor Offering.

If you redeem the Voucher for goods and/or services other than the Merchant/Hotel Partner/Vendor Offering, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Merchant/Hotel Partner/Vendor Offering and the actual value of the goods and/or services supplied and/or provided by the Merchant/Hotel Partner/Vendor to you.
Vouchers are redeemable in their entirety only. If, for whatever reason, you redeem the Voucher with a Merchant/Hotel Partner/Vendor for less than the original value of the Merchant/Hotel Partner/Vendor Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original value and the redeemed value.
On behalf of the Merchant/Hotel Partner/Vendor,Getaway Media Limited may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. All such fees or costs (if any) will be communicated to you before you purchase the Voucher.

In the event that a Merchant/Hotel Partner/Vendor cannot supply and/or provide the Merchant/Hotel Partner/Vendor Offering as described for unforeseen reasons,Getaway Media Limited will notify you as soon as possible by email.Getaway Media Limited will offer you either a new voucher with comparable benefits (if available) or the repayment of the purchase price of the Voucher.
Use of a Voucher.

Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use). The commercial trade of a Voucher is prohibited.

The reproduction of a Voucher is prohibited. Any attempt to copy, forge or re-use the unique code or manipulate the voucher in anyway to defraud the Merchant/Hotel Partner/Vendor or Getaway Media Limited will be reported as a fraud to the authorities.

Your Voucher is solely your responsibility.
Neither Getaway Media Limited nor the Merchant/Hotel Partner/Vendor are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes.
You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.

Cancellation (and exceptions), Refunds and Problems
You have a statutory right to cancel your purchase of the Voucher within 14 calendar days after the day you receive the confirmation email (the “Voucher Cancellation Period”). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request Getaway Media Limited to begin providing the services to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since Getaway Media Limited is not responsible for the supply or provision of the Merchant/Hotel Partner/Vendor Offering, once your Voucher is redeemed Getaway Media Limited has completed its services to you in full.

If you want to cancel your purchase of a Voucher you can do so in any of the following ways:
by filling out and submitting the cancellation form online at XXXXXX by contacting us at https://www.getaway.ie/contact ; or by writing us at the address mentioned in section 1.2.
If you cancel your purchase of the Voucher in accordance with this section 5,Getaway Media Limited will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed Getaway Media Limited about your cancellation.
If you redeem your Voucher, but the Merchant/Hotel Partner/Vendor has not properly provided you with the Merchant/Hotel Partner/Vendor Offering, or if you have a complaint regarding the provision of the Merchant/Hotel Partner/Vendor Offering, you must take action against the Merchant/Hotel Partner/Vendor directly. This is because the Merchant/Hotel Partner/Vendor, and not Getaway Media Limited, is responsible for the supply and/or provision of the Merchant/Hotel Partner/Vendor Offering.Getaway Media Limited only sells and supplies the Voucher. However, if you and the Merchant/Hotel Partner/Vendor cannot agree on how to resolve the complaint,Getaway Media Limited may, upon your request, try to help resolve the issue between you and the Merchant/Hotel Partner/Vendor.

Unless you expressly inform Getaway Media Limited in advance not to, any refund in cash will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you must inform the customer support team immediately at talk@getaway.ie . If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your bank or your payment services provider to obtain your refund.Getaway Media Limited will not provide more than one refund.
You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against Getaway Media Limited related to, arising out of, or connected to that Voucher.

6. Responsibility for the Merchant/Hotel Partner/Vendor Offering
6.1 Please note that the Merchant/Hotel Partner/Vendor, and not Getaway Media Limited, is:

6.1.1 the seller, supplier and/or provider of the Merchant/Hotel Partner/Vendor Offering;

6.1.2 the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and

6.1.3 solely responsible for providing the Voucher Holder with the Merchant/Hotel Partner/Vendor Offering and for the Merchant/Hotel Partner/Vendor Offering itself.

7.Getaway Media Limited’s Standards of Services and Liability

7.1Getaway Media Limited promises that:

7.1.1 it will exercise reasonable care and skill in performing its obligations under these Terms of Sale;

7.1.2 the Vouchers are of satisfactory quality and fit for their purpose; and

7.1.3 it shall not contravene the requirements of fairness or professional diligence in what it does.

7.2Getaway Media Limited is always liable for: (a) death and personal injury caused by Getaway Media Limited’s negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any implied contractual terms that cannot be excluded or limited under applicable law.

7.3 Other than as set out in section 7.2 above,Getaway Media Limited is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.

7.4Getaway Media Limited does not promise the completeness, fitness for purpose or legality of the Merchant/Hotel Partner/Vendor Offering.Getaway Media Limited is not liable for the quality, safety, usability or any other aspect of the Merchant/Hotel Partner/Vendor Offering.

7.5Getaway Media Limited is not liable for any breach of an obligation under these Terms of Sale where it is unable to carry out its obligations by any cause outside of its reasonable control.

7.6 Other than the liability arising under section 7.2, which is unlimited,Getaway Media Limited’s total liability to you will in no circumstances exceed the amount of 200% the purchase price of the Voucher.

7.7 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this section 7. If these laws apply to you, some or all of the above exclusions and/or limitations may not apply to you and you may have additional rights.

8.Getaway Media Limited’s Site

Getaway Media’s Site (the “Site”) means the Internet webSite, mobile applications, electronic communications or services, or any location at which you can purchase a Voucher from Getaway Media Limited. You can find more information about the terms of use of the Site, which are expressly incorporated into these Terms of Sale, here .

9. Miscellaneous
9.1 If you breach these Terms of Sale and Getaway Media Limited takes no action against you this does not mean that Getaway Media Limited has waived its rights and remedies with regard to your breach.Getaway Media Limited may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms of Sale.

9.2 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to Getaway Media Limited for the purpose of legal process) or by pre-paid post. Any notice Getaway Media Limited sends to you will be to the address you supplied to Getaway Media Limited when you registered for your Getaway Media Limited account. You can send any notice to Getaway Media Limited at the registered office address as set out in section 1.2.

9.3 If any provision of these Terms of Sale should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.

9.4 These Terms of Sale are governed and interpreted by the laws of Ireland, without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of Ireland.

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Getaway Media GOODS GLOBAL GMBH – TERMS OF SALE
This page sets out the terms for the sale of Goods by Getaway Media Limited Goods to you.

1. Contract and information on the ordering process
1.1. The parties to this contract: These Terms of Sale (“Terms of Sale”) are an agreement between you, the customer (referred to herein as “you” or “your”) andGetaway Media Limited Goods Global GmbH (referred to herein as “Getaway Media Goods”, “we”, “us” or “our”). We are a company registered in Switzerland (company registration number CHE-497.202.638) with our registered office at Vordergasse 3, 8200 Schaffhausen, Switzerland. Our VAT number is IE3199194KH.

1.2. These Terms of Sale apply: By placing an order with us, you agree to be bound by these Terms of Sale and our Returns Policy.

1.3. Your offer: Your click of the “Buy Now” button is an offer to buy the products sold by Getaway Media Limited Goods (the “Goods”). By clicking “Buy Now”, you explicitly acknowledge that, if your order is accepted by us, it places you under an obligation to pay for the Goods. You must be at least 18 years old to purchase Goods.

1.4. A copy of these Terms of Sale: We keep a copy of the contract between us (these Terms of Sale) – and we advise you to print out these Terms of Sale as a record.

1.5. Your legal rights: As a consumer, nothing in these Terms of Sale affects your legal rights related to faulty or misdescribed goods or your ability to cancel the contract.

1.6. Updates to these Terms of Sale: These Terms of Sale were most recently updated on 27.06.2017 (version 003b). We reserve the right to amend these Terms of Sale at any time (which we will post online). Any amendments to these Terms of Sale made after you have submitted your order will not apply to you in respect of that order.

2. Pricing and purchase
2.1. Pricing and whom you pay: We’ll take and process your payment for your order. All prices (including delivery charges) for Goods are inclusive of legally applicable VAT. Prices are set out to you prior to your purchase and at order confirmation. Our prices may change at any time, but changes will not affect your order, other than in circumstances described in Clauses 2.4 and 2.5 below.

2.2. Delivery charges: Prices may or may not include delivery charges. Any such charges will be stated in the “Fine Print” section of the deal. If delivery charges are not included in the purchase price, such costs will be displayed separately and added to the total amount due before you complete your order. If we are required to schedule a delivery time with you and you are not available at the agreed time, we may charge you the costs of rescheduling the delivery.

2.3. Placing your order: After you place an order by clicking the “Buy Now” button and agreeing to these Terms of Sale, the contract is complete after you receive an email confirming our acceptance of your order. However, we reserve the right to reject your offer and not conclude a contract with you. If we accepted your order, you will receive another email confirming dispatch of the Goods. Please note that, if we reasonably believe your order is fraudulent or you have otherwise violated applicable law when ordering, even if we have accepted your order, we reserve the right to cancel it.

2.4. Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Goods we sell. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).

2.5. Post-purchase errors and omissions: Where we have made an error or omission and you have already purchased the Goods:
(a) if the actual price of the Goods is less than the stated price at the time you purchased the Goods, we will charge you the lower price; or
(b) if the price of the Goods is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a full refund.

3. Delivery of goods
3.1. Changing your order: Once you have placed your order, we are unable to make any changes to your order, including the quantity of Goods ordered or the delivery address. This Clause does not impact your legal rights to cancel or any rights to return you may have for the particular purchase.

3.2. Shipping:Getaway Media Limited Goods shipping options will vary by offer. Your purchase is not eligible for shipment outside of Ireland.

3.3. Delivery estimates: Delivery estimates are provided in the Fine Print. We will do all that we can to meet the date given for delivery. Please note that unless otherwise stated, delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.

3.4. Title: Legal title to the Goods will transfer to you (i.e. the Goods will become your personal property) when the Goods are delivered to the delivery address you provided to us.

4. Cancellation

4.1. Your cancellation rights: Nothing in these Terms of Sale affects your legal rights to cancel orders within 14 calendar days from the day you, or a third party indicated by you, receive the Goods. In the event you have ordered multiple Goods in one order, or the delivery of your Goods consists of multiple pieces, the cancellation period does not begin until you receive the last item or piece.

4.2. If you want to cancel your order, you can do so in any of the following ways:
(a) by filling out and returning our standard withdrawal form that is made available to you via the confirmation email;
(b) by contacting us via http://www.Getaway Media.ie/contact or support@Getaway Media.ie;
(c) by post at the address in Clause 1.1; or
(d) through hand-delivered notice.

4.3. You must take reasonable care to ensure that the Goods are properly packaged so that they will not be damaged in transit. You will be responsible for the cost of returning the Goods to us. We recommend that you use a recorded delivery service when returning the Goods.

4.4. The following Goods are excluded from this legal right to cancel:
(a) perishable Goods such as food or flowers;
(b) audio/video recordings, DVDs or computer software that you have taken out of the sealed packaging in which they were delivered to you;
(c) Goods made to your own specifications;
(d) periodicals or magazines;
(e) lotteries or gambling games; and
(f) any other Goods that by reason of their nature cannot be returned, including those that would be damaged by transit.

4.5. Returning the Goods: Please note that if you exercise your right to cancel your order, you must return the Goods to us within 14 calendar days of such cancellation.

4.6. We may cancel: We may have to cancel an order before the Goods are delivered due to an event outside our reasonable control, including due to equipment breakdown or transportation difficulties. We will promptly contact you if this happens.

5. Returns and refunds
5.1. Our Returns Policy: Every item we sell is backed by our Returns Policy . In addition to your right to return Goods within 14 calendar days from the day that you, or a third party indicated by you, receive the Goods, you also retain all applicable legal rights to return new or refurbished Goods, including where goods supplied to you are incorrect or faulty.

5.2. Title to returned Goods: We take legal title to the returned Goods only after the Goods arrive at our returns destination. We reserve the right to issue a refund without requiring a return. In this situation, we do not take title to the returned Goods.

5.3. Problems with your returned Goods: We reserve the right to refuse to issue a refund and to recover the cost of the delivery of your return from you in the event that the Goods are found to have suffered damage after delivery to you; the Goods have been misused or used other than in accordance with the instructions or for inspection purposes; or if the problem with the Goods is due to normal wear and tear. This Clause 5.3 does not limit or affect your right to cancel your contract and return goods under Clause 4, or your rights where goods supplied to you are incorrect or faulty.

6. Goods information
6.1. We aren’t the manufacturer: We are not the manufacturer of the Goods we sell. While we work to ensure that the Goods match the description we have provided, are of satisfactory quality and are fit for use, the Goods may vary slightly from such product information. We encourage you to read all information presented on labels, warnings and directions which accompany the Goods before use. Any guarantee provided by us, the manufacturer or importer does not affect the legal rights and claims that you may apply under the contract.

6.2. Accuracy of descriptions: We have taken reasonable steps to display as accurately as possible the colours and other detailing of the Goods. However, the colours and detailing you see on the advertisement will depend on the equipment you use to view the Goods. We cannot guarantee that the display of any colour or other detailing on your television, mobile device, computer monitor or other device will exactly reflect the colour or detailing of the Goods upon delivery.

6.3. Healthcare Goods and safety: For healthcare Goods, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer. Content on the webSite is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Customers should contact their healthcare provider immediately if they suspect that they have a medical problem. Information and statements about Goods are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about Goods by manufacturers or other third parties.

7. Liability
7.1. The standards we operate under: We always try our best at what we do and promise that:
(a) we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;
(b) we have the right to sell Goods;
(c) we only sell the Goods for domestic and private use;
(d) Goods are of satisfactory quality and fit for their purpose, and
(e) we will not contravene the requirements of professional diligence in what we do.

7.2. This Clause 7 takes precedence over all other Clauses (except for Clause 1.5) and sets forth our entire Liability.

7.3. What we are responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability for (i) fraud; (ii) serious misconduct by us, excluding serious misconduct not conducted by us; or (iii) any Liability which cannot be excluded or limited by applicable law. You are obliged to take adequate measures to avert and reduce damages.

7.4. Categories of loss that we are not responsible for : Notwithstanding Clause 7.3, since we only sell Goods for domestic and private use, we are in principle not liable for:
(a) loss of revenue or income;
(b) loss of actual or anticipated profits;
(c) loss of business; and
(d) indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).

7.5. “Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale).

8. General
8.1. Interpretation: In these Terms of Sale:
(a) words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
(b) Clause headings such as (“8. General” at the start of this Clause) and Clause titles (such as “Interpretation:” at the start of this Clause 8.1) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and
(c) references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.

8.2. No partnership/agency: Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost, or enter into any contracts or other arrangements in the name of or on behalf of the other.

8.3. Assignment: You may not assign or delegate or otherwise transfer all or any of your rights or obligations under these Terms of Sale without our prior written approval. We will not refuse this approval without good reason. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.

8.4. Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control. Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under these Terms of Sale, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed we will arrange with you a new delivery date for your Goods, if possible.

8.5. Our reliance: We intend to rely upon only the written terms set out in these Terms of Sale in respect of the Sale of Goods to you and not any representations made elsewhere.

8.6. No waiver: No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms of Sale.

8.7. Notices: Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

8.8. No third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of Getaway Media Limited Goods, its subsidiaries, and holding companies of Getaway Media Limited Goods, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable by any person who is not a party to it.

8.9. Survival: In any event, the provisions of Clauses 1, 2, 4, 7 and 8 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement.

8.10. Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
8.11. Governing law and dispute resolution: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, these Terms of Sale (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Irish law and both parties hereby submit to the exclusive jurisdiction of the competent courts of Ireland. The parties also agree that the United Nations Convention for the Sale of Goods does not apply to this transaction.

9. Customer support
Contact Information
Telephone: 019-036-337
Contact us: http://www.Getaway Media.ie/contact

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Getaway Media Voucher Terms of Sale – Ireland

1. General Information
1.1 These Terms of Sale apply to every Voucher you purchase from Getaway Media Limited.

1.2Getaway Media Limited meansGetaway Media Limited Travel GmbH, a company registered in Switzerland and with its registered office at Vordergasse 3, 8200 Schaffhausen, Switzerland.Getaway Media Limited’s registration number is CHE-180.110.104 and its VAT number is CHE-349.386.564.

1.3 Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Merchant/Hotel Partner/Vendor Offering from the Merchant/Hotel Partner/Vendor during the period of time stated on the Voucher (the “Redemption Period”).

1.4 The Merchant/Hotel Partner/Vendor Offering shall mean the goods and/or services to be supplied and/or provided by the Merchant/Hotel Partner/Vendor to the Voucher Holder, as specified on Getaway Media Limited’s Site and on the Voucher.

1.5 The Merchant/Hotel Partner/Vendor is a third party unrelated toGetaway Media Limited that sells, supplies and/or provides the Merchant/Hotel Partner/Vendor Offering.Getaway Media Limited does not sell, supply and/or provide the Merchant/Hotel Partner/Vendor Offering. It only sells and supplies the Voucher.

1.6 These Terms of Sale were last updated on 27.06.2017.Getaway Media Limited reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted online. You will be bound only to the version of the Terms of Sale you agreed to at the time you purchase a Voucher.

2. Purchase of a Voucher
2.1 You must be at least 18 years old to purchase a Voucher. Before you can make a purchase you need to register and create an account with Getaway Media Limited.

2.2 By clicking on the “Buy Now” button you submit an offer to Getaway Media Limited to buy the Voucher. However, the purchase of the Voucher is not complete until you receive an email from Getaway Media Limited confirming acceptance of your offer.Getaway Media Limited expressly reserves the right to reject your offer. In addition, even if Getaway Media Limited has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against Getaway Media Limited, an affiliated third party ofGetaway Media Limited or the Merchant/Hotel Partner/Vendor.

2.3 The Merchant/Hotel Partner/Vendor may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant/Hotel Partner/Vendor Offering.

3. Redemption of a Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) the Voucher can only be redeemed with the Merchant/Hotel Partner/Vendor and not withGetaway Media Limited;
(c) the Voucher is valid for one person only; and
(d) you must follow the redemption instructions associated with the Voucher when you redeem the Voucher with the Merchant/Hotel Partner/Vendor.

3.2 All Vouchers sold by Getaway Media Limited are single-purpose Vouchers which can only be redeemed with the Merchant/Hotel Partner/Vendor.

3.3 In order to redeem a Voucher you must present it to the Merchant/Hotel Partner/Vendor within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore and you are not entitled to any reimbursement or compensation.

3.4 In the event that a Merchant/Hotel Partner/Vendor Offering on the Getaway Media Limited Site is a “Direct Checkout” deal,Getaway Media Limited will collect your shipping details at the time of purchase.Getaway Media Limited will then pass these details to the Merchant/Hotel Partner/Vendor on your behalf. The Merchant/Hotel Partner/Vendor will then process the redemption of your Voucher and dispatch the Merchant/Hotel Partner/Vendor Offering to you.

3.5 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Merchant/Hotel Partner/Vendor Offering at a specific time. You are strongly recommended to contact the Merchant/Hotel Partner/Vendor at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Merchant/Hotel Partner/Vendor Offering.Getaway Media Limited cannot influence the supply and/or provision of the Merchant/Hotel Partner/Vendor Offering.

3.6 If you redeem the Voucher for goods and/or services other than the Merchant/Hotel Partner/Vendor Offering, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Merchant/Hotel Partner/Vendor Offering and the actual value of the goods and/or services supplied and/or provided by the Merchant/Hotel Partner/Vendor to you.

3.7 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher with a Merchant/Hotel Partner/Vendor for less than the original (un-discounted) value of the Merchant/Hotel Partner/Vendor Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.

3.8 On behalf of the Merchant/Hotel Partner/Vendor,Getaway Media Limited may collect booking fees or other costs associated with the purchase and/or redemption of a Voucher. All such fees or costs (if any) will be communicated to you before you purchase the Voucher.

3.9 In the event that a Merchant/Hotel Partner/Vendor cannot supply and/or provide the Merchant/Hotel Partner/Vendor Offering as described for unforeseen reasons,Getaway Media Limited will notify you as soon as possible by email.Getaway Media Limited will offer you either a new voucher with comparable benefits (if available) or the repayment of the purchase price of the Voucher.

4. Use of a Voucher
4.1 Any purchase of a Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).

4.2 Your Voucher is solely your responsibility. Neither Getaway Media Limited nor the Merchant/Hotel Partner/Vendor are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes.

4.3 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.

4.4 Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void Getaway Media Limited’s discretion.

4.5 The reproduction of a Voucher is prohibited.

4.6 The commercial trade of a Voucher is prohibited.

5. Cancellation (and exceptions), Refunds and Problems
5.1 You have a statutory right to cancel your purchase of the Voucher within 14 calendar days after the day you receive the confirmation email (the “Voucher Cancellation Period”). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request Getaway Media Limited to begin providing the services to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since Getaway Media Limited is not responsible for the supply or provision of the Merchant/Hotel Partner/Vendor Offering, once your Voucher is redeemed Getaway Media Limited has completed its services to you in full.

5.2 If you want to cancel your purchase of a Voucher you can do so in any of the following ways:

5.2.1 by filling out and submitting the cancellation form online ;

5.2.2 by contacting us at http://www.Getaway Media.ie/about ; or

5.2.3 by writing us at the address mentioned in section 1.2.

5.3 If you cancel your purchase of the Voucher in accordance with this section 5,Getaway Media Limited will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed Getaway Media Limited about your cancellation.

5.4 If you have been unable to redeem your Voucher with the Merchant/Hotel Partner/Vendor before the expiry of the Redemption Period through no fault of your own, you may be entitled to a refund. In order to receive a refund, you must prove toGetaway Media Limited’s reasonable satisfaction that your inability to redeem the Voucher was not your fault. The decision to grant a refund is within the sole discretion of Getaway Media Limited.

5.5 If you redeem your Voucher, but the Merchant/Hotel Partner/Vendor has not properly provided you with the Merchant/Hotel Partner/Vendor Offering, or if you have a complaint regarding the provision of the Merchant/Hotel Partner/Vendor Offering, you must take action against the Merchant/Hotel Partner/Vendor directly. This is because the Merchant/Hotel Partner/Vendor, and not Getaway Media Limited, is responsible for the supply and/or provision of the Merchant/Hotel Partner/Vendor Offering.Getaway Media Limited only sells and supplies the Voucher. However, if you and the Merchant/Hotel Partner/Vendor cannot agree on how to resolve the complaint,Getaway Media Limited may, upon your request, try to help resolve the issue between you and the Merchant/Hotel
Partner/Vendor.

5.6 Unless you expressly inform Getaway Media Limited in advance not to, any refund in cash will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you must inform the customer support team immediately at http://www.Getaway Media.ie/about. If you fail to do this and you are refunded to your original method of payment, you may need to coordinate with your bank or your payment services provider to obtain your refund.Getaway Media Limited will not provide more than one refund.

5.7 You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against Getaway Media Limited related to, arising out of, or connected to that Voucher.

6. Responsibility for the Merchant/Hotel Partner/Vendor Offering
6.1 Please note that the Merchant/Hotel Partner/Vendor, and not Getaway Media Limited, is:

6.1.1 the seller, supplier and/or provider of the Merchant/Hotel Partner/Vendor Offering;

6.1.2 the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and

6.1.3 solely responsible for providing the Voucher Holder with the Merchant/Hotel Partner/Vendor Offering and for the Merchant/Hotel Partner/Vendor Offering itself.

7.Getaway Media Limited’s Standards of Services and Liability

7.1 Getaway Media Limited promises that:

7.1.1 it will exercise reasonable care and skill in performing its obligations under these Terms of Sale;

7.1.2 the Vouchers are of satisfactory quality and fit for their purpose; and

7.1.3 it shall not contravene the requirements of fairness or professional diligence in what it does.

7.2 Getaway Media Limited is always liable for: (a) death and personal injury caused by Getaway Media Limited’s negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any implied contractual terms that cannot be excluded or limited under applicable law.

7.3 Other than as set out in section 7.2 above,Getaway Media Limited is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.

7.4 Getaway Media Limited does not promise the completeness, fitness for purpose or legality of the Hotel partner/Merchant/Hotel Partner/Vendor/ vendor product offering.Getaway Media Limited is not liable for the quality, safety, usability or any other aspect of the Hotel partner/Merchant/Hotel Partner/Vendor/ Vendor Product Offering.

7.5 Getaway Media Limited is not liable for any breach of an obligation under these Terms of Sale where it is hindered or prevented from carrying out its obligations by any cause outside of its reasonable control.

7.6 Other than the liability arising under section 7.2, which is unlimited,Getaway Media Limited’s total liability to you will in no circumstances exceed the amount of 150% the purchase price of the Voucher.

7.7 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this section 7. If these laws apply to you, some or all of the above exclusions and/or limitations may not apply to you and you may have additional rights.

8.Getaway Media Limited’s Site
Getaway Media’s Site (the “Site”) means the Internet website, mobile applications, electronic communications or services, or any location at which you can purchase a Voucher from Getaway Media Limited. You can find more information about the terms of use of the Site, which are expressly incorporated into these Terms of Sale, here.

9. Miscellaneous
9.1 If you breach these Terms of Sale and Getaway Media Limited takes no action against you this does not mean that Getaway Media Limited has waived its rights and remedies with regard to your breach.Getaway Media Limited may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms of Sale.

9.2 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to Getaway Media Limited for the purpose of legal process) or by pre-paid post. Any notice Getaway Media Limited sends to you will be to the address you supplied to Getaway Media Limited when you registered for your Getaway Media Limited account. You can send any notice to Getaway Media Limited at the registered office address as set out in section 1.2.

9.3 If any provision of these Terms of Sale should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.

9.4 These Terms of Sale are governed and interpreted by the laws of Ireland, without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of Ireland.

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