The Most Innovative Garden Design App In The World
◦ The Company may collect information automatically when you visit the Site, using Cookies. The Cookies allows the Company to identify your computer and find out details about your last visit. The User can choose not to allow Cookies. However, we can’t guarantee that your experience with the Site will be as good as if you do allow Cookies. The information collected by Cookies does not personally identify you; it includes general information about your computer settings, your connection to the Internet e.g. operating system and platform, IP address, your browsing patterns and timings of browsing on the Site and your location. Most internet browsers accept Cookies automatically, but you can change the settings of your browser to erase Cookies or prevent automatic acceptance if you prefer.
◦ The following types of Cookie are used on the Site:
◦ Personalisation Cookies
These Cookies are used to recognise repeat visitors to the Site and in conjunction with other information we hold to attempt to record specific browsing information (that is, about the way you arrive at the Site, pages you view, options you select, information you enter and the path you take through the Site). These are used to recommend content we think you’ll be interested in based on what you’ve looked at before.
◦ Analytics Cookies
These monitor how visitors move around the Site and how they reached it. This is used so that we can see total (not individual) figures on which types of content users enjoy most, for instance.
◦ Third-party service Cookies
These are Cookies relating to social sharing, video and other services the Site offers which are run by other companies. These companies may drop Cookies on your computer when you use them on our site or if you are already logged in to them.
Our own ad serving and management Cookies
The Company may sell space on the Site to advertisers – they pay for the content you enjoy for free. As part of this, the Company uses several services to help us and advertisers understand what adverts you might be interested in. These Cookies hold information about the computer – they don’t hold personal information about you (i.e. it’s not linked to you as an individual) but they might hold a record of what other websites you’ve looked at.
Site management Cookies
For more information about Cookies, please visit www.aboutcookies.org.
Website acceptable use policy
This acceptable use policy sets out the terms between you and us, VR Retail Limited, under which you may access our website: www.vrgardens.com (the/our “Site”). This acceptable use policy applies to all users of, and visitors to, our Site.
Your use of our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy.
www.vrgardens.com is a Site operated by S VR Retail Limited (we or us). We are registered in Ireland under company number 545530 and we have our registered office at 127 Fisherman’s Wharf, Ringsend, Dublin 4, Ireland. Our main trading address is 127 Fisherman’s Wharf, Ringsend, Dublin 4, Ireland.
Prohibited uses You may use our Site only for lawful purposes. You may not use our Site:
◦ In any way that breaches any applicable local, national or international law or regulation.
◦ In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
◦ For the purpose of harming or attempting to harm minors in any way.
◦ To send, knowingly receive, upload, download, use or re-use any material which does not comply with any applicable local, national or international law or regulation.
◦ To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
◦ To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
◦ Not to reproduce, duplicate, copy or re-sell any part of our Site.
◦ Not to access without authority, interfere with, damage or disrupt: any part of our Site; any equipment or network on which our Site is stored; any software used in the provision of our Site; or any equipment or network or software owned or used by any third party.
◦ You acknowledge that the Free and Professional or “Pro” subscription that is available on any platform is not to be used in a large DIY, Building chain, mega store or any retail store or commercial environment without specific and legal consent and licencing agreements from Vr Retail Ltd.
We may from time to time provide interactive services on our Site, including, without limitation:
◦ Chat rooms. Bulletin boards. (collectively “Interactive Service(s)”). Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Site, and we expressly exclude any liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of any applicable local, national or international law or regulation and our Content Standards whether the service is moderated or not.
The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them. Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Site (Contributions), and to any Interactive Services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
◦ Be accurate (where they state facts).
◦ Be genuinely held (where they state opinions).
◦ Comply with applicable law in Ireland and in any country from which they are posted.
Contributions must not:
◦ Contain any material which is defamatory of any person.
◦ Contain any material which is obscene, offensive, hateful or inflammatory.
◦ Promote sexually explicit material. Promote violence.
◦ Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
◦ Infringe any copyright, database right or trade mark of any other person.
◦ Be likely to deceive any person.
◦ Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
◦ Promote any illegal activity.
◦ Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
◦ Be likely to harass, upset, embarrass, alarm or annoy any other person.
◦ Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
◦ Give the impression that they emanate from us, if this is not the case.
◦ Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
◦ Immediate, temporary or permanent withdrawal of your right to use our Site.
◦ Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site. Issue of a warning to you.
◦ Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
◦ Further legal action against you.
◦ Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site.
Welcome to VR Gardens. VR Gardens is an online platform dedicated to garden design. VR Gardens is operated by VR Retail Limited (“VR”).
VR respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our Platform (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
1. [IMPORTANT INFORMATION AND WHO WE ARE]
2. [THE DATA WE COLLECT ABOUT YOU]
3. [HOW IS YOUR PERSONAL DATA COLLECTED]
4. [HOW WE USE YOUR PERSONAL DATA]
5. [DISCLOSURES OF YOUR PERSONAL DATA]
6. [INTERNATIONAL TRANSFERS]
7. [DATA SECURITY]
8. [DATA RETENTION]
9. [YOUR LEGAL RIGHTS]
1.Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how VR collects and processes your personal data through your use of this Platform, including any data you may provide through this Platform when you sign up to our newsletter, purchase a product or service or take part in a competition.
This Platform is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
VR Retail Limited is the controller and responsible for your personal data (collectively referred to as “VR”, “we”, “us” or “our” in this privacy notice).
We have appointed a data protection manager (DPM) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Contact details –
Our full details are:
Full name of legal entity: VR Retail Limited
Name or title of DPM: Gary Hanaphy CEO
Email address: email@example.com
Postal address: Centre Block, Docklands Innovation Park, East Wall, Dublin 3
You have the right to make a complaint at any time to the Data Protection Commissioner’s Office (DPC), the Irish supervisory authority for data protection issues (https://dataprotection.ie). We would, however, appreciate the chance to deal with your concerns before you approach the DPC so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 24 May 2018 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third Party Plug-ins, Widgets and Links
2.The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual rientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3.How is your personal data collected?
We use different methods to collect data from and about you including through:
4.How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
To register you as a new customer
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this Platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
To deliver relevant Platform content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Platform, products/services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Platform updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
Necessary for our legitimate interests (to develop our products/services and grow our business)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We do not rent or sell your personal contact information (such as your email address associated with your account registration) to third parties to use for their own marketing purposes. You can customise these choices through your settings on your profile.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have opted in or out of receiving that marketing. You can unsubscribe from these emails at any time by following the ‘unsubscribe’ link at the footer of the email page.
We will get your express opt-in consent before we share your personal data with any company outside the VR group of companies for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5.Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Data protection laws differ among jurisdictions, other jurisdictions may not provide the same level of protection for personal information as the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it, for example, by ensuring that where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9.Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the link below to find out more about these rights:
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
External Third Parties
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
THIS DOCUMENT SETS OUT THE TERMS ON WHICH VR RETAIL LIMITED (“VR”,“US”, “WE”) PROVIDES YOU (“YOU”, “YOUR”, “USER”) WITH ACCESS TO AND USE OF THE SERVICES LOCATED AT WWW.VRGARDENS.COM (“WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS (“TERMS”). IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.
For the avoidance of doubt, the General Conditions under Section A shall be applicable to all Users of the Website and/or the Service. If you have a [Professional Subscription ], Section B set out herein shall apply in addition to the General Conditions.
SECTION A – GENERAL CONDITIONS
The following words and expressions shall have the following meanings:
“Charges” means the charges payable to VR Retail in respect of the provision of the certain Subscriptions or Professional Subscriptions, as set on the Website from time to time;
“Content” means all information (in all current and future formats) created by the Subscriber, submitted to and/or published by VR Retail on the Website including, without limitation, audio files, visual files, photos, drawings, designs, messages, forum postings, Profiles, documents, spreadsheets, presentations and advice of all nature;
“Contract” means the contract between VR Retail and you in respect of the relevant and applicable Services and which incorporates these Terms;
“Intellectual Property Rights” means all intellectual property rights including without limitation, performer’s reproduction rights, performer’s distribution rights, performer’s rental rights and performer’s lending rights (collectively referred to as “Performer’s Property Rights”), patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
“Network” means the electronic communications network used by us to provide the Services;
“Non Registered User” means a person or business who is not a Subscriber and to whom VR Retail has granted access to (i) view and Use the Website; and (ii) Use certain features and functionalities of the Services as described on the Website;
“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
[“Professional Subscription” means the applicable subscription packages of the Services made available to paying Subscriber Users, as more particularly described on the Website and set out in Section B; ] “Profile” means information, including without limitation, the name, address and personal details (where applicable) relating to the Subscriber (which may or may not be fully accessible by other Subscribers) held by VR Retail and published on the Website;
“Purpose” means to copy, display, distribute, sub-licence, host, retain for archiving purposes, publish for VR Retail’s own business purposes, including but not limited to purposes in respect of the Services and/or the Website;
“Subscriber” means a person or business registered with VR Retail and having access to all or part of the Services through a Subscription or Professional Subscription, which are more particularly described on the Website and under Section B herein;
“Services” means the services made available by VR Retail to Non Registered Users and the Subscribers through the Website;
“Subscription” means the applicable subscription packages of the Services made available to personal Users, as more particularly described on the Website from time to time; and
“Use” means having access to the relevant and accessible Services (including where applicable, the Subscription or Professional Subscription and “Using” shall be construed accordingly.
2. INFORMATION ABOUT US
2.1. This Website (and its domain name) is owned and managed by VR Retail and/or its licensors.
2.2. VR Retail Limited is registered in Ireland under Company number 545530 and with our registered office and main trading address at 127 Fisherman’s Wharf, Ringsend, Dublin 4.
3. REGISTRATION AND ACCESS TO THE SERVICE
3.1. You must be:
3.1.1. where you are an individual, eighteen (18) years old or over;
3.1.2. legally capable of entering into binding contracts; and
3.1.3. not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms, to Use the Website.
3.2. You may at our sole discretion, access certain features and elements of the functionalities of the Services as a Non Registered User.
3.3. In the event you wish to access additional features and functionalities of the Services, you shall be required to register your details with Us as a Subscriber and pay any applicable Charges.
3.4. By Using the Website and/or the Services, you warrant that you have the right, authority and capacity, in respect of your status as a Non Registered User or Subscriber to enter into and be bound by these Terms.
4. FORMATION OF THE CONTRACT BETWEEN YOU AND VR RETAIL
4.1. The date for the commencement of your Contract with Us shall be determined as follows:
4.1.1. if you are a Non Registered User, then upon your first use of the Website; or
4.1.2. if you are a Subscriber, then upon the registration of your details with Us; and such Contract shall be effective and in force until terminated by either party in accordance with clause 10 hereunder.
4.2. Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for any reason whatsoever to:
4.3. accept or reject your application as a Registered User or Subscriber; and/or
4.3.1. refuse you access to the Website and/or Services or part thereof.
5. OUR OBLIGATIONS TO YOU
5.1 We shall use our reasonable endeavours to make the Website and/or Services and any additional service that we agree to provide available to you at all times, but we cannot guarantee an uninterrupted and fault free service.
5.2 Notwithstanding the foregoing, VR Retail has the sole and absolute discretion to accept, modify, edit, vary, re-format, or reject the Contents submitted to it by the Subscriber for the publication of such Contents on its Website.
5.3 Our ability to provide the Services and the availability of the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system and the number of other User logging onto the Website, server and Network at the same time.
5.4 The Network is not controlled by VR Retail and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network. Such circumstances may result in the Services and/or the Website being temporarily unavailable and your access suspended. VR Retail will take reasonable action to minimise the disruption caused by such circumstances, but some such interruptions may not be avoidable.
5.5 We reserve the right to make changes to the Services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Services.
5.6 VR Retail also reserves the right from time to time to monitor your Use of the Website and/or Services.
6. YOUR OBLIGATIONS TO US
6.1 You are entitled to, subject to the terms herein, upgrade from Non Registered User status to Subscriber or upgrade your Subscription or Professional Subscription (as applicable) at any time during the term of your Contract.
6.2 You shall comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations.
6.3 You hereby warrant and undertake to us that you have the legal capacity to enter into these Terms and You shall at all times:
6.3.1 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the Network;
6.3.2 not re-sell, promote for resale or for any commercial use the Services and/or the Website or engage in any other similar commercial activities unless otherwise permitted by VR Retail;
6.3.3 comply with instructions issued by VR Retail (or its employees or representatives) from time to time relating to the Website and/or Services;
6.3.4 co-operate with reasonable security or other checks or requests for information made by VR Retail from time to time;
6.3.5 not use the Website and/or Services and shall not do anything that will infringe any Intellectual Property Rights or other rights of any third parties, including without limitation, posting any information (in any format) on the Website which may be deemed to be obscene, defamatory, libellous or slanderous, or which may cause injury to, invade the privacy of or otherwise violate other rights of any person;
6.3.6 not use any information obtained using the Website and/or the Services otherwise than in accordance with these Terms;
6.3.7 contact our customer services immediately by emailing us at [firstname.lastname@example.org] if you suspect fraudulent, unlawful or illegal use of the Website and/or the Services;
6.3.8 shall notify VR Retail immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed;
6.3.9 use the information retrieved from the Services and/or the Website at your own risk and that you shall be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches in any applicable laws and legislations;
6.3.10 not do anything which involves the transmission of junk mail, chain letters, unsolicited mass mailing, instant messaging or “spamming”; and
6.3.11 comply with all applicable laws, regulations and legislations in respect of your Use of the Website and/or the Services.
6.4 Subject always to the provisions in clause 6.3, where you Use the Website and/or Services as a Subscriber, you undertake:
6.4.1 to provide to us true, correct and accurate information;
6.4.2 to promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate;
6.4.3 not to submit Content of whatsoever nature on the Website which is or may be construed to:
6.4.4 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.4.5 harass or advocate harassment of another person;
6.4.6 display pornographic or sexually explicit material of any kind;
6.4.7 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.4.8 promote any illegal activities including but not limited to violating someone else’s privacy or providing or creating computer viruses; and
6.4.9 infringe the rights (including the intellectual property rights) of any third party;
6.4.10 solicit password or any other personally identifying information from other users of the Website and/or Services for unlawful and illegal purposes.
6.5 Where you are a Subscriber, we may provide you with login details to access the certain features and functionalities of the Services. You shall keep your login details confidential and secure. Without prejudice to VR Retail’s other rights and remedies, we reserve the right to promptly disable your login details and suspend your access to the Services (in part or in whole) in accordance with clause 10 if we have reason to believe that you have breached this clause 6.5.
6.6 For the avoidance of doubt, as a Subscriber, you shall at all times be fully liable for the breach of any of these Terms by using a third party using your login details to access the Services.
6.7 VR Retail reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 6.
7 SUBSCRIPTION CHARGES
7.1 Certain Subscriptions are subject to Charges. You shall pay for such Subscriptions in advance using your credit card, debit card, direct debit or any other acceptable method of payment, as set out on the Website . We reserve the right to withhold or cease provision of the Services where payment has not been received. Save as otherwise expressly stated in these Terms, all Charges are non refundable.
7.2 Your Subscription shall automatically renew at the end of the relevant period for which you have paid. In order to automatically renew your Subscription, VR Retail shall automatically charge you for the relevant Charges by using the details of your debit or credit card which you used to pay for the first period. If your debit or credit card details have changed since your last use on the Website, VR Retail may not be able to automatically renew your Subscription.
7.3 If you are a consumer, you have a legal right to cancel a Subscription under the European Directive on Consumer Rights (Directive 2011/83/EU) within fourteen (14) days after the day the Contract for the Subscription is formed (“Cancellation Period”). You can notify us of your decision to cancel the Subscription by writing to us by email to [email@example.com] . Valid cancellation by you will be effective from the date you sent us the e-mail.
7.4 If you cancel a Subscription during the Cancellation Period as described in clause 7.3 above:
7.4.1 before we start providing the Services subject to the Subscription to you, you will receive a full refund of the price you paid for that Subscription (“Price”); or
7.4.2 after we start providing the Services subject to the Subscription to you, you will receive a refund of the Price less a pro rata proportion of the Price decided at VR Retail’s sole discretion representing the provision of the Services up to and including the date you cancel the Subscription in accordance with clause 7.3
7.5 We will process the refund due to you as soon as possible and, in any case, within fourteen (14) calendar days of the day on which you gave us notice of cancellation as described in clause 7.3.
7.6 On payment of the relevant Charges in accordance with your Subscription, you hereby acknowledge and agree that payment constitutes an express request for the immediate commencement of the performance of the Services by VR Retail, which for the avoidance of doubt shall commence before the end of the Cancellation Period, such that on payment of such relevant Charges, you can immediately access the Services using the Website.
7.7 For the avoidance of doubt, clauses 7.3, 7.4, 7.5 and 7.6 shall not apply where you have a [Professional Subscription] .
8 INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS
8.1 Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from VR Retail to You, any Intellectual Property Rights owned by and/or licensed to VR Retail and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with VR Retail and/or its licensors.
8.2 Unless otherwise expressly set out to the contrary, all Intellectual Property Rights in the Content shall remain exclusively with You and/or Your licensors.
8.3 You are expressly prohibited from:
8.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;
8.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to VR Retail; and
8.3.3 doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website and/or Service or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to VR Retail without first obtaining the written permission of the owner of such Intellectual Property Rights.
8.4 This web site, and the information which it contains, is the property of VR Retail and its affiliates and licensors, and is protected from unauthorised copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All vrgardens or VR Retail product names and logos are copyright and trademarks of VR Retail. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.
8.5 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or supplied as part of the website shall remain at all times vested in us and/or our licensors. You are permitted to use this material only as expressly authorised by us and/or our licensors. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8.6 The images, information and data featured on this website are subject to copyright and other intellectual property rights held by VR Retail and our contributors/licensors/affiliates as indicated. There are also copyrights relating to the database itself and to the design, structure and code employed in the website
8.7 Copyright © 2018-2019 VR Retail Limited. All rights reserved.
9.1 Subject to these Terms, you hereby grant VR Retail a non-exclusive, perpetual, non-terminable, transferable, sub-licensable and royalty-free licence to use the Intellectual Property Rights owned by and/or licensed to you in the Content for the Purpose.
9.2 You hereby unconditionally and irrevocably waive all moral rights attaching to the Content pursuant to Patents Act 1992 (as amended), Trade Marks Act 1996, Copyright and Related Rights Act 2000 (as amended), Industrial Designs Act 2001 and any similar or corresponding rights.
9.3 You hereby agree that VR Retail may:
9.3.1 upon obtaining prior consent from You (such consent not to be unreasonably withheld), refer to You in any of its marketing material as a customer of VR Retail and refer to the type of services that VR Retail has provided to You; and
9.3.2 use any of your trademarks and/or logos in VR Retail marketing and publicity materials for its publicity and marketing purposes.
9.4 You hereby indemnify and shall keep VR Retail indemnified against all losses, liabilities, costs and expenses (including without limitation legal costs) suffered or incurred by VR Retail arising from in connection with any infringement of any third party Intellectual Property Rights by VR Retail’s use and/or possession of the Content for the Purpose.
10 TERM AND TERMINATION
10.1 Subject to clause 10.2 and 10.3 and unless otherwise expressly set out to the contrary in these Terms, our Contract with you shall remain in force:
10.1.1 where you are a Non Registered User, for the duration in which you Use the Website; or
10.1.2 where you are a Subscriber, for the duration of your registration with us.
10.2 VR Retail may terminate your Contract at any time and for any reason on the provision of no less than fourteen (14) days written or e-mail notice to you.
[For the avoidance of doubt, VR Retail shall provide you with a pro rata refund of any Charges paid and representing any unused period of the Services and/or Website. ]
10.3 VR Retail reserve the right to suspend and/or terminate your access to the Website and/or the Services immediately without refund on notice if:
10.3.1 the Network owner ceases to make the Network available to Us;
10.3.2 we believe that You and/or someone using your login details has failed to comply with one or more of these Terms;
10.3.3 we believe that there has been fraudulent use, misuse or abuse of the
Website and/or the Service, including any breach of clause 6.3 and/or 6.4;
10.3.4 we believe that you have provided us with false, inaccurate or misleading information in respect of your registration and/or Use of the Website and/or the Service; or
10.3.5 we believe that You are in the business of re-selling, promoting the Services for resale or if you are otherwise engaged in other similar and/or commercial activities.
10.4 For the avoidance of doubt, if your Services have been terminated by Us in accordance with these Terms, your access to the Services (in whole or in part) as a User shall cease.
10.5 Upon the termination of your Contract for any reason and subject to payment of an additional fee, we shall provide you with such access to the Website for a period of thirty (30) days from the termination of the Contract to enable you to retrieve any of your Content stored on the Website. On the expiry of the aforementioned period, you will no longer have access to the Content and we reserve the right to delete or destroy any such Content in our possession and/or stored on the Website.
10.6 VR Retail shall not be liable for any loss or damage howsoever arising from the termination of the Service or any part thereof.
11.1 The Website may include facts, views, opinions, advice and recommendations from other Subscribers which may or may not be endorsed by VR Retail and VR Retail shall to the maximum extent permitted by law exclude all liability in respect of the reliability, legality, legitimacy, accuracy, correctness, defamatory nature, completeness, timeliness or otherwise of all information published or made available to you on the Website and/or the Services.
11.2 All information published on the Website and/or made available through the Services including without limitation the Content, is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the information (including suggested materials quantities) made available on the Website and/or through your use of the Service shall be at your own risk and VR Retail shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such information and /or Content.
12 EXCLUSION OF WARRANTIES AND LIABILITIES
12.1 VR Retail provides the Service on an “as is” and “as available” basis, and you use the Website at your sole risk.
12.2 VR Retail makes no warranty that the Website will meet your requirements; nor that the Website will be uninterrupted, timely, secure, or error free; nor does VR Retail make any warranty as to the results that may be obtained from the use of the Website; nor as to the accuracy or reliability of any information obtained through the Website; nor that defects in the Website will be corrected.
12.3 VR Retail shall not be responsible for the effect or result of the introduction or entry of any virus into the Website.
12.4 The Subscriber understands and agrees that any content and/or material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. VR Retail shall not be responsible for any damage to the Subscriber’s computer system or loss of data that results from the download of such content and/or material.
12.5 The Website may be linked to or from other websites that are not maintained by VR Retail. VR Retail does not control in any respect any information, products or services offered by such other websites and shall not be responsible for the content of such other websites.
12.7 VR Retail shall not be liable to the you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of VR Retail, its employees or agents or otherwise) which arise out of or in connection with the provision of the Service or their use by you. Our liability if you are a personal User: We draw your attention particularly to this clause
12.8 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms and such amount that we may pay to you for such loss or damage you suffer under or arising out of your Contract shall in no circumstances exceed the amount of payment due under the Contract.
12.9 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. 12.10 We only supply the Services for your own private use. You agree not to use the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.11 We do not exclude or limit in any way our liability for:
12.11.1 death or personal injury caused by our negligence;
12.11.2 fraud or fraudulent misrepresentation;
12.11.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
12.11.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
[Our liability if you are a professional User 12.12 Nothing in these Terms limits or excludes our liability for:
12.12.1 death or personal injury caused by our negligence;
12.12.2 fraud or fraudulent misrepresentation; and
12.12.3 any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982.
12.13 VR Retail’s maximum aggregate liability to you under, arising from or in connection with your Contract, whether arising in contract, tort (including negligence) or otherwise, shall not exceed in aggregate the amount paid by you to VR Retail in accordance with the terms herein in the twelve (12) months preceding the date of the claim.
12.14 Subject to clause 12..12, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.14.1 any loss of profits, sales, business, or revenue;
12.14.2 loss or corruption of data, information or software;
12.14.3 loss of business opportunity;
12.14.4 loss of anticipated savings;
12.14.5 loss of goodwill; or
12.14.6 any indirect or consequential loss.]
12.15 In the event that you have a claim or right of action against any other User arising from their Use of the Service, you agree to pursue such claim or action independently of and without any demands from VR Retail, and you fully and completely release VR Retail from all claims, liability and damages arising from or in any way connected to such claim or action.
12.16 In the event that a claim or action is brought against VR Retail in connection with or arising from your activities or Use of the Services and/or the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend VR Retail in such claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow VR Retail to assume the exclusive defence and control of such matter.
12.17 Links to third party websites appear on the Website. Such third party websites are not the responsibility of VR Retail and VR Retail accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
13 PRIVACY STATEMENT
14 DATA PROTECTION
14.1 Please refer to our data protection policy, available on the Website at INSERT ANCHOR LINK TO Usage Policy SECTION].
15.1 Please refer to our cookies policy, available on the Website.
16.1 VR Retail may alter or amend these terms and conditions by giving reasonable notice on the Website. By continuing to Use the Services and/or the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your agreement with VR Retail, you may do so by giving VR Retail notice of termination, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect.
16.2 These Terms and your access to and use of the Service shall be exclusively governed by and construed in accordance with the laws of Ireland and you irrevocably submit to the exclusive jurisdiction of the Courts of Ireland to settle any dispute which may arise out of or in connection with these Terms.
16.3 You may print and keep a copy of these Terms, which form the entire agreement between you and VR Retail and supersede any other communications or advertising in respect of the Service and/or the Website.
16.4 No delay in exercising or non-exercise by you and/or VR Retail of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or VR Retail’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.
16.5 If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.
16.6 The Company shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Service, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
16.6.1 Act of God, explosion, flood, tempest, fire or accident;
16.6.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
16.6.3 acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
16.6.4 import or export regulations or embargoes;
16.6.5 strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
16.6.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
16.6.7 power failure or breakdown in machinery.
[SECTION B – SPECIAL CONDITIONS FOR PROFESSIONAL SUBSCRIPTIONS
B1.1 The following definitions shall apply to this Section B:
“Account” means each individual account created by you for a Client, permitting them access and use of the Website and Services; and
“Client” means an individual you are providing gardening related services to.
B2 Your Services
B2.1 All Professional Subscriptions are subject to payment of Charges, unless otherwise stated on the Website.
B2.2 You acknowledge that the Free and Professional or “Pro” subscription that is available on any platform is not to be used in a large DIY, Building chain, mega store or any retail store or commercial environment without specific and legal consent and licencing agreements from Vr Retail Ltd.
B2.3 You shall not transfer, assign or sub-licence your right to use the Services.
B2.4 Creation of any Account is subject to your registration with VR Retail and the acceptance of these Terms. We reserve the right to refuse access to the Website and Services to any Client that has not accepted our Terms.
B2.5 For the avoidance of doubt, any Client with an Account shall be deemed a Subscriber, for the purpose of these Terms.
B2.6 We reserve the right to suspend and/or terminate your and any Client’s access to and use of the Services where we have not received payment of the Charges by any due date. You indemnify and shall keep us indemnified against all losses, damages, claims, costs and expenses (including reasonable legal expenses) incurred or suffered by VR Retail arising out of or in connection with any claim or demand made by a Client against VR Retail arising out of or connection with any suspension or termination of an Account in accordance with this clause B2.6.
B3.1 Where any Charges payable by you are based on the number of Accounts held by you, such Charges shall be due annually in advance and are based on the number of Accounts held by you on commencement of the relevant year.
B3.2 You shall pay for your Professional Subscription HOW? Annually/quarterly? in advance using your credit card, debit card, or any other acceptable method of payment, as set out on the Website. Save as otherwise expressly stated in these Terms, all Charges are non refundable.
B3.3 Your Professional Subscription shall automatically renew at the end of the relevant period for which you have paid. In order to automatically renew your Professional Subscription, VR Retail shall automatically charge you for the relevant Charges by using the details of your debit or credit card which you used to pay for the first period. If your debit or credit card details have changed since your last use on the Website, VR Retail may not be able to automatically renew your Professional Subscription.]