Last updated 20.03.2020
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”)
and SAIGA (“Company“,
“we”,
“us”,
or “our”),
concerning your access to and use of
the https://gardengreenhouses.ie website
as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by accessing the Site,
you have read, understood, and agreed to be bound by all of these
Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated”
date of these Terms of Use, and you waive any right to receive
specific notice of each such change. It is your responsibility to
periodically review these Terms of Use to stay informed of updates.
You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use
are posted.
The information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All
users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If
you are a minor, you must have your parent or guardian read and agree
to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws,
and international conventions. The Content and the Marks are provided
on the Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms of Use, no part of the
Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights
not expressly granted to you in and to the Site, the Content and the
Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current,
and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Terms
of Use; (4) you are not under the age of 13; (5) you are
not a minor in the jurisdiction in which you reside, or if a minor,
you have received parental permission to use the Site; (6) you will
not access the Site through automated or non-human means, whether
through a bot, script or otherwise; (7) you will not use the Site for
any illegal or unauthorized purpose; and (8) your use of the Site
will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any
portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion,
that such username is inappropriate, obscene, or otherwise
objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors,
features, specifications, and details of the products available on
the Site. However, we do not guarantee that the colors, features,
specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual colors and
details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock. We
reserve the right to discontinue any products at any time for any
reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
Mastercard
Visa
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Site. You further agree to
promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We
may change prices at any time. All payments shall be in Euros.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon placing
your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received
payment.
We reserve the right to refuse any order placed through the Site. We
may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include
orders placed by or under the same customer account, the same payment
method, and/or orders that use the same billing or shipping address.
We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
RETURN POLICY
Please review our Return Policy posted on the Site prior to making any
purchases.
DISCLAIMER
Site, or any other associated party, cannot be held responsible or liable
for any kind of loss or damage that may result to the customer, or
any other third party, through the use of any Site product or
website.
The policy excludes the repair of products, which are faulty as a result
of a manufacturer’s defect; however, the product must remain within
the warranty period.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Site and/or
the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse
or misconduct.
9. Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks
or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another
user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or
harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use
the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site’s software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or
regulations.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to
us or on the Site, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
“Contributions”). Contributions may be viewable by other
users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any Contributions,
you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government
or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law,
regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under
the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or
well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of Use, or any
applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the
foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site and
the Marketplace Offerings.
CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any
information and personal data that you provide following the terms of
the Privacy Policy and your choices (including settings).
By
submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on
the Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1)
you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hate language; (3) your reviews should
not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to illegal
activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as
to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even
if anyone considers reviews objectionable or inaccurate. Reviews are
not endorsed by us, and do not necessarily represent our opinions or
the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant
to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site or the
Marketplace Offerings (“Submissions”) provided by you to us
are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site
for violations of these Terms of Use; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law
or these Terms of Use, including without limitation, reporting such
user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible)
any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove
from the Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the
Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. By using the Site or the
Marketplace Offerings, you agree to be bound by our Privacy Policy
posted on the Site, which is incorporated into these Terms of Use.
Please be advised the Site and the Marketplace Offerings are hosted
in the United Kingdom. If you access the Site or the
Marketplace Offerings from any other region of the world with laws or
other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United
Kingdom, then through your continued use of the Site, you are
transferring your data to the United Kingdom, and you
expressly consent to have your data transferred to and processed
in the United Kingdom.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Site. We also reserve the right to modify or discontinue all or
part of the Marketplace Offerings without notice at any time. We will
not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site or the Marketplace
Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be
available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. We reserve the right
to change, revise, update, suspend, discontinue, or otherwise modify
the Site or the Marketplace Offerings at any time or for any reason
without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to
access or use the Site or the Marketplace Offerings during any
downtime or discontinuance of the Site or the Marketplace Offerings.
Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or the Marketplace Offerings or to
supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the laws
of Ireland, and the use of the United Nations Convention of
Contracts for the International Sales of Goods is expressly excluded.
If your habitual residence is in the EU, and you are a consumer, you
additionally possess the protection provided to you by obligatory
provisions of the law in your country to residence. SAIGA and
yourself both agree to submit to the non-exclusive jurisdiction of
the courts of Sligo, which means that you may make a claim to
defend your consumer protection rights in regards to these Conditions
of Use in Ireland, or in the EU country in which you reside.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Terms of Use (each a “Dispute”
and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”),
the Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to
the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this
contract shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European
Court of Arbitration being part of the European Centre of Arbitration
having its seat in Strasbourg, and which are in force
at the time the application for arbitration is filed, and of which
adoption of this clause constitutes acceptance. The seat of
arbitration shall be Sligo, Ireland. The language of the
proceedings shall be English. Applicable rules of substantive
law shall be the law of Ireland.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. The the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated
on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or
any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations
of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court
of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction
of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Marketplace
Offerings, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on
the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING
THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. CERTAIN US STATE
LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1)
use of the Site; (2) breach of these Terms of Use; (3) any breach of
your representations and warranties set forth in these Terms of Use;
(4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter
for which you are
required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using
the Site. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right
of action against us arising from any such loss or corruption of such
data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the
Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision
or part of a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use and does not
affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of
Use or use of the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form
of these Terms of Use and the lack of signing by the parties hereto
to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
SAIGA
72
Mill Falls
Collooney, Sligo F91
D278
Ireland
Phone: +353
71 913 3231
polytunnels@saiga.ie