Terms and Conditions
Last Updated on Wednesday, 15 September 2010 19:43 Written by Marguerite Tuesday, 20 July 2010 06:29
General Terms & Conditions of Use
These terms and conditions (the Terms and Conditions”) govern your use of the Company website, www.transflowtherapy.com (the "Company Site") and your relationship with Transflow Therapy Limited, a company registered under the Companies Acts (registration pending) and having its registered office at ‘Chapel Hill’, Glenanail, Tuam Road, Galway, Ireland (referred to as the "Company", "we" or "us"). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for, or use the Company Site. If you have any questions on the Terms and Conditions, please contact the Company’s Managing Director, Marguerite Tonery, using the contact details listed at clause 18 below.
- Use of the Company Site
The Company Site is provided to you for your personal use subject to these Terms and Conditions. By using the Company Site, you agree to be bound by these Terms and Conditions.
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Company Site. We provide services to you through our website and those services are provided to you on the basis of these Terms and Conditions. These Terms and Conditions applies to all users (casual browsers or otherwise). Transflow Therapy Limited reserves the right at all times to discontinue or modify any or our Terms and Conditionsas we deem necessary or desireable without prior notifications to you (including whether or not the registration process has been complete). Such changes may include, among other things, the adding of certain fees or charges. If we make changes to our Terms and Conditions, these deletions or modifications shall be effective immediately upon Company posting thereof. If you do not wish to accept the new Terms and Conditions, you should not continue to use the Company Site. If you continue to use the Company Site after the date on which the change comes into effect, your use of the Company Site indicates your agreement to be bound by the new Terms and Conditions.
3.2 Certain products and services are only available to you after you have registered on the Company Site. By registering on the Company Site you are stating that you are over 18 years of age, or are a minor with parental consent to use our Company Site.
3.3 You must ensure that the details provided by you on registration or at any time are correct, accurate, and complete.
3.4 You must inform us immediately of any changes to the information that you provide when registering by updating your personal details in order that we can communicate with you effectively.
- Password and Security
4.1 When you register to use the Company Site, you will be asked to create a username and password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us immediately in writing using the contact details listed at clause 18 below.
4.2 If the Company has reason to believe that there is likely to be a breach of security or misuse of the Company Site, we may require you to change your password or we may suspend your account.
- Intellectual Property
5.1.1 Everything located on or in the Company Site, including the Microsites, is the exclusive property of Transflow Therapy Limited, or used with express permission of the copyright and/or trademark owner. Any copying, distribution, transmission, posting, linking, deep linking, or otherwise modifying of the Company Site or any microsite without the express written permission of the Company is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
5.1.2 The content of the Company Site is protected by copyright, trademarks, database rights and other intellectual property rights (including but not limited to text, software, photos, video, graphics, music, sound). The Company owns the copyright in the selection, coordination, arrangement, and enhancement of content, in addition to the original content pertaining to the Company Site. You may retrieve and display the content of the Company Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Company Site without prior written permission from the Company. If permission is granted for copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
5.1.3 Trademarks that are located within or on the Company Site or a Web Site otherwise owned or operated in conjunction with transflowtherapy.com shall not be deemed to be in the public domain but rather the exclusive property of Transflow Therapy Limited, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
5.1.4 You are not permitted to upload, post or otherwise make available on the Company Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.
5.1.5 By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other website user to access, view, store, or reproduce the material for his/her/it’s personal use. You hereby grant Transflow Therapy Limited the right to edit, copy, publish, and distribute any material made available on the Company Site you.
5.1.6 The foregoing provisions of Clause 5 apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Your Use of the Company Site
5.2 You may not use the Company Site for any of the following purposes:
5.2.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
5.2.2 transmitting material that encourages conduct that constitutes acriminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
5.2.3 interfering with any other person's use or enjoyment of the Company Site; or
5.2.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
5.3 You will be responsible for our losses and costs resulting from your breach of this clause 6.
- Availability of the Company Site
6.1 Although we aim to offer you the best service possible, we make no promise that the services at the Company Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Company Site, you should report it to the Company using the contact details listed at clause 18 below and we will attempt to correct the fault as soon as we reasonably can.
6.2 Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
- The Company's Right to Suspend or Cancel your Registration
7.1 We may suspend or cancel your registration immediately at our reasonable discretion, or if you breach any of your obligations under these Terms and Conditions.
7.2 You can cancel your registration at any time by informing us in writing using the contact details listed at clause 18 below.
7.3 The suspension or cancellation of your registration and your right to use the Company Site shall not affect either party's statutory rights or liabilities.
- Disclaimer of Warranty and Limitation of Liability
8.1 The Company Site may provide content from other resources or other Internet sites and, while the Company tries to ensure that material included on the Company Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site, we will attempt to correct the inaccuracies as soon as we reasonably can.
8.2 The use of the Company Site and microsite is at your own risk. Neither the Company, it’s affiliates, nor any of their respective employees, agents, third party content providers or licensors warrant that Transflow Therapy Limited, it’s affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Company Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this site, or the accuracy, reliability or content of any information, service, or merchandise provided through this site or the microsites.
8.3 This site and the microsites are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties or title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
8.4 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
8.5 You specifically acknowledge that the Company is not liable for defamatory, offensive, or illegal conduct of other users or third parties, and that the risk of injury from the foregoing rests entirely with you. Under not circumstance will the Company or any person or entity involved in creating, producing or distributing the Company Site or the contents hereof, including the microsites and any software, be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this site. You hereby acknowledge that the provisions of this clause shall apply to all content on the Company Site and the microsites.
8.6 Additionally, neither the Company, nor it’s affiliates, information providers of content partners shall be liable regardless of the clause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Company Site, or any of the microsites, or for any delay or interruption in the transmission therof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages. The Company is not responsible for any content that a website user, subscriber, or an unauthorised user may post on the Company Site or any of the microsite. Any content that is posted or uploaded that is, or may be deemed unsuitable can and may be taken down by the Company. Furthermore, the Company refers the right to edit, change, delete, prohibit, any and all content that the Company deems unsuitable.
8.7 If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Company Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
8.8 This clause 8 shall not limit or affect our liability resulting from any products or services provided through the Company Site being found to be unsafe or if something we do negligently causes death or personal injury.
- Third Party Websites
As a convenience to users, the Company Site includes links to other websites or material which are beyond its control. The Company is not responsible for content on any site outside the Company Site.
- Terms and Conditions of Sale on transflowtherapy.com
The following are the terms and conditions of the Company’s agreement, which applies to all purchases of products or services by you from Transflow Therapy Limited, via the Company Site. It is at the Company’s discretion to alter the terms and conditions, as deemed necessary, and as such it is your responsibility to read terms and conditions before making a new purchase.
You may submit an order for products or services to transflowtherapy.com by completing ordering details on the order summary page and then clicking the confirm button. All prices are reflected in € Euro, include Value Added Tax (VAT) if applicable, and may be subject to a postage and packing charge. The Company is under no obligation to accept your order, but would normally do so, where product availability exists. Each order reflects pricing at the time of purchase, the payment of which, via your credit card/debit card, will be approved by your credit card/debit card company. Gift vouchers are not accepted for online purchases.
10.2 Order Acceptance
We will notify you of our acceptance of your order by email shortly after we receive it. At that point, a binding agreement between us will be in place based on these terms and conditions. If we do not accept your order for any reason or the price of the product has increased between the time of ordering and the Company’s acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you as such. At this point, you will then need to resubmit your order. Only credit and debit cards are acceptable as payment for orders via the Company Site.
10.3 Product Promotion Period
All products displayed at a special promotional price on the Site will have a clearly displayed time limited duration (closing date). The closing date is finite, and will be valid for all orders accepted prior to midnight on the closing date displayed. The Company has the right to alter (extend or shorten) the offer closing date without prior notification.
10.4 Delivery of Product or Service
The Company makes every effort to despatch orders within 48 working hours of placement of order. Unless otherwise stated by the Company (i.e. product no longer in stock, or discontinued), we ensure that your products are delivered within 28 days from acceptance of order. All deliveries will be made to the address specified by you in your order. Orders may be divided and sent separately at our discretion and expense. Inability by the Company to deliver products to you at the address you provided for any reason (other than that when the Company is at fault), we will notify you.
The Company will charge your account for payment at the time the order is despatched for delivery to you. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. The Company is not responsible for the operation of the secure link, and as such, is not, unless negligent, be liable for any loss suffered by you, if a third party obtains unauthorised access to any information provided by you via such link. In the event that products are not available for any reason, after we have accepted your order, you will be informed by email. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/debit card account.
The Company operates a Delivery and Returns Policy. Transflowtherapy.com always aims to offer the highest levels of quality and service. If you do not like a product you purchase from transflowtherapy.com, the product must be returned to us within 28 days from the date of purchase, in the condition that it was received.
Products sold on the Company Site are designed to comply with statutory legal requirements and applicable safety standards of Ireland. As such, the Company does makes no representation or warranty that any prodct is compliant with health, safety or other legal requirements pertinent to countries outside of Ireland. This does not affect your statutory rights as a consumer.
10.8 Emailing Requirements
Emails will be forwarded by transflowtherapy.com to the address you specify to the Site. It is of utmost importance that you provide an accurate and valid email address that is up-to-date; otherwise we will be unable to accept your order. You must ensure that any change of email address between the time of your order submission and delivery of the products by us to you must be submitted by you to the Company to advise us of your new address. The Company will not be responsible for failure to perform under this agreement where such failure is attributable to a change of address.
10.9 Complaints Procedure
If for any reason you have a complaint or comment about the Site or any product or service supplied or provided to you by the Company, please contact us using the contact details listed in Clause 18 below.
10.10 Description of Product and Service
The Company endeavours to ensure to the best of our knowledge that the product and service descriptions on the Site are accurate and up-to-date. As we are continually striving to improve the quality of our products and services, specifications or design modifications may be made from time to time, which have not been reflected on the site. We include images of products on the Site to help you with your selection. However, minor variations (e.g. in colour), should be expected.
We will not be liable to you for any breach of our agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil unrest, riots, floods, drought, fire, legislation or other cause beyond our reasonable control. This does not affect your statutory rights. If we choose not to enforce a right under our agreement, that decision will not prevent the Company from enforcing other rights, or the same right on a later occasion.
Transflow Therapy is a trademark of Transflow Therapy Ltd. All rights are hereby expressly reserved in respect to this trademark. Unless otherwise indicated, other trademarks (if any) appearing on transflowtherapy.com are the property of their respective owners.
- Advertising, Promotions and Sponsorship
Part of the Company Site may contain advertising, promotions, and sponsorship. We may use our site, or any of the services we provide, or in any of the correspondence we send to you to run advertisements that promote products and services we offer, or any or it’s subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us.
Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
- Third Party Content
In certain situations, the content available through the transflowtherapy.com website represents the opinions and judgements of the respective third party providing such content. Transflow Therapy Ltd. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than the Company. Under no circumstances shall Transflow Therapy Ltd., or it’s affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by your reliance on information acquired through the transflowtherapy.com website. It is your responsibility to evaluate the information, opinion, advice, or other content presented through the Site.
- International Use
We make no promise that materials on the Company Site are appropriate or available for use in locations outside Ireland, and accessing the Company Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Ireland, you do so on your own initiative and are responsible for compliance with local laws.
- Applicable Law
These Terms and Conditions are subject to the laws of Ireland. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Ireland.
17.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
17.2 If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
17.3 The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
17.4 The Company Site is owned and operated by Transflow Therapy Limited, a company registered under the Companies Acts (registration pending) and having its registered office at ‘Chapel Hill’, Glenanail, Tuam Road, Galway, Ireland.
17.5 If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- Contact Details
If you have any queries, please contact the Company’s Managing Director, Marguerite Tonery, in writing at either of the following addresses:
- by post at Transflow Therapy Limited, ‘Chapel Hill’, Glenanail, Tuam Road, Galway, Ireland.
Last updated: 1st September, 2010.