The Service offered by Infomonger Limited trading as Tipoff.ie (the “Service”) provides you with the capability of receiving certain information and special offers via all wireless devices. The Services are made available through Infomonger Limited (the “Parties”).
By using the Tipoff Birthday Text, you allow us to contact your friend on one occasion on your behalf informing them of Tipoff.ie. We will never contact them again after that!
The following are the terms and conditions for use of the Service, along with any amendments thereto, and any operating rules or policies that may be published from time to time by the Parties (collectively, the “Terms of Use”). Please read them carefully. You agree to abide by this Terms of Use and all applicable national and international laws and regulations.
BY COMPLETING THE REGISTRATION PROCESS AND CHECKING THE “I ACCEPT” BOX, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE.
USER REGISTRATION AND SECURITY: To use our Service, you must complete the registration process. During the registration process, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the forms, (b) to maintain and update this information to keep it true, accurate, current and complete, and (c) notify the Parties immediately of any unauthorized use of your account or any other breach of security. If any information provided by you during the registration process is untrue, inaccurate, not current or incomplete, the Parties have the right to terminate your account and refuse any and all current or future use of the Service.
PRIVACY POLICY: It is the policy of the Parties to respect the privacy of end users of the Service. Please refer to the attached PRIVACY POLICY for more information.
TERMINATION: Any misuse of the Service or breach of the Terms of Use will cause the immediate termination of your account.
RESALE OF SERVICE: You agree not to redistribute the content of the Service, resell the Service or use of or access to the Service.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless the Parties and their parents, subsidiaries, affiliates, officers and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney’s fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Service. The Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
MODIFICATIONS TO TERMS OF USE OR TO THE SERVICE: The Parties reserve the right to change the Terms of Use at any time without notice. The Parties also reserve the right to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that the Parties shall not be liable to you or any third party for any modification to or discontinuance of the Service.
PROPRIETARY RIGHTS: You acknowledge and agree that, as between you and the Parties, all content, including but not limited to SMS text, software, graphics, video, page layout and design or other material displayed by Service is protected by the Parties’ copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way content available through the Service.
EXTERNAL LINKS: The Service may contain links or referrals to third parties or Internet sites, resources and members of the Service. Neither the Parties is responsible for the availability of these outside resources, or their contents, and does not endorse (and is not responsible for) any of the contents, advertising, products or other materials on such sites. Under no circumstances shall your financial institution be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective administrator.
DISCLAIMER OF WARRANTIES: THE CONTENT, INFORMATION AND OTHER MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND DENIED. NEITHER PARTIES MAKES ANY WARRANTY (I) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR (II) THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER PARTIES MAKES ANY WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ADVERTISED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PARTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT THE PARTIES ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU AGREE THAT THE PARTIES ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM NETWORK OR SYSTEM OUTAGES, FROM FILE CORRUPTION OR ANY OTHER REASON. YOU FURTHER AGREE THAT THE PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
MISCELLANEOUS: This Agreement constitutes the complete and exclusive agreement between the Parties and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. You acknowledge and agree that the Parties are an intended third-party beneficiary of this Agreement. The failure of the Parties to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the Parties’ intentions, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Terms of Use must be commenced within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance.
