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◦ 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.
VR Retail Limited (“We”) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 and 2003 (as amended) (the Acts), the data controller is VR Retail Limited whose registered address is 127 Fisherman’s Wharf, Dublin 4 Ireland.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
· Information you give us. You may give us information about you by filling in forms or subscribing for the Service on our Site www.vrgardens.com (our/the “Site”) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our Site, subscribe to our Service, participate in discussion boards or other social media functions on our Site, enter a competition, promotion or survey, engage in our Interactive Services and when you report a problem with our Site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
· Information we collect about you. With regard to each of your visits to our Site we may automatically collect the following information:
• technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
· Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this Site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
This helps us to provide you with a good experience when you browse our website and also allows us to improve our Site. For detailed information on the cookies we use and the purposes for which we use them see our Cookies policy on the Site.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
· Information you give to us. We will use this information:
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
• to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail, SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please email us at email@example.com. ;
• to notify you about changes to our Service;
• to ensure that content from our Site is presented in the most effective manner for you and for your computer.
· Information we collect about you. We will use this information:
• to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive features of our service, when you choose to do so;
• as part of our efforts to keep our Site safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
• to make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.
· Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined the Companies Act 2014.
We may share your information with selected third parties including:
· Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
· Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day).
We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in Dublin). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
· Analytics and search engine providers that assist us in the improvement and optimisation of our Site.
We may disclose your personal information to third parties:
· In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
· If VR Retail Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org. Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Acts give you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
If you sign up to the apps, websites or newsletter or from any marketing communications from VR Retail Limited the company may send you information about our services which we think may be of interest to you. In this case, we may build up a profile of you based upon what we infer from your usage of the different pages of our website and various applications e.g. by using your VR Retail Limited account information and combining it with information we collect using your IP address and cookies. For instance, we may use some categories of information (including interest groups, year of birth, gender and region) to tailor the information we send to you. We do this so that we send you content you’re interested in, instead of unwanted and irrelevant stuff.
When you sign up to marketing communications, we’ll normally contact you by email, but we may send you marketing texts also if you’ve given us your mobile number for this purpose.
If you sign up to marketing communications from our affiliates, we may provide your name and contact details you gave us for marketing (e.g. email or mobile number) to our affiliates so that they can send you marketing communications.
To opt out of marketing communications, click unsubscribe and follow the directions on any marketing communication received from us or contact us at email@example.com and request to opt-out. If you opt-out from communicationsfrom our affiliates, we won’t share your contact details with them anymore.
However, you’ll still need to directly opt-out from communications from the trusted partners to whom we have already given your information.
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.]