Terms

Website Terms & Conditions of Use
Version 1.1

Introduction
This page states the website terms and conditions (Terms & Conditions) under which Members and or users (collectively “Users”) may use this website.

Access to this website and the use of information on it is subject to the latest version for the time being of the Terms & Conditions, Privacy Statement and, if and when Text Me A Drink (TMAD) permits registration and or membership, any Membership Agreement. If and when TMAD permits registration and or membership, Members must register and agree to abide by the Membership Agreement and related member terms and conditions. The Terms & Conditions, Privacy Statement and any Membership Agreement may be amended, replaced and or updated from time to time and the latest version of each respectively shall be available on the website. You should carefully read all of these terms. By proceeding further, you agree and will be deemed to have accepted them.

You are only authorised to use the TMAD website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it or print it. If you do not agree with it, you should leave the TMAD website and discontinue use of the TMAD website immediately.

This Agreement includes TMAD's policy for acceptable use of the TMAD website and content posted on the TMAD website, your rights, obligations and restrictions regarding your use of the TMAD website.

TMAD may modify this Agreement from time to time and such modification shall be effective upon posting by TMAD on the TMAD website. You agree to be bound to any changes to this Agreement when you use the TMAD website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on TMAD and that you provide to other Users (if permitted to do so). Information provided by other TMAD users, members and or operators (if permitted) may be inaccurate, out of date, inappropriate or incomplete, and TMAD assumes no responsibility or liability for this material. If you become aware of misuse of the TMAD website by any person, please contact TMAD immediately.

TMAD reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you (if permitted), or to restrict, suspend, or terminate your access to all or any part of the TMAD website or services at any time, for any or no reason, with or without prior notice, and without liability.

By using and or registering with the TMAD website, you represent and warrant that you have the capacity to understand, agree to and comply with these terms. You should provide true, accurate and complete registration information if and when required. As part of any registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates or resembles someone else, is or may be protected by trade mark or any proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Definitions
In these Terms & Conditions, the following terms shall mean:

  • 'TMAD' means TEXTMEA LIMITED (BNN: 501786) trading as TMAD of 41 JAMES ST DUBLIN 8, Ireland;
  • 'Member(s)' means a current validly registered user and or member of the TMAD website and or Services (if any);
  • 'Privacy Statement' means our statement of practice as regards the privacy and security of your personal information when accessing and/or using this website and any of our features and services on or available through it;
  • 'Services' means the information, navigation information, advertising and or navigation products and services provided by or via TMAD to Members and or such limited access which may be permitted to Users (if any);
  • 'you' means any and all persons accessing or using this website and/or availing of any information and/or services available on or via this website, including Users and Members;
  • 'we' and 'our' and 'us' means TMAD.

General
We reserve the right to change, amend or replace these Terms & Conditions (in whole or in part) at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions and policies.

When you use certain services please read the additional information with regards to such services.
All products and services are subject to availability.

We do not agree to store details of your selection, registration and purchases (if permitted), so please print out these terms and conditions and the additional details (where applicable) for your own records;

We store the details mentioned and submitted by you as set out below.

We shall not be under any liability for any delay or failure to deliver any products or services of any third parties, or for scheduled or estimated timetables or times or changes thereto.

Risk of delay, loss and damage in relation to your and or third party products, services and or timetables is solely your responsibility.

Information
TMAD cannot be held responsible (and does not have the staff or resources to verify) information provided by third parties. We do not check or verify third party information, schedules, numbers, details, etc. The sole responsibility for using and or relying on third party data and or information is on users. All such information may become out of date, or may contain inaccurate or inappropriate material.

Member Conduct and Appropriate Content
The TMAD website is made available for your limited, personal, non-commercial use only. You may not use the TMAD website for any illegal or unauthorised purpose. International Users (if permitted) agree to comply with all local rules regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content (if permitted)(“Materials”) that you submit, post and display on the TMAD website (if permitted). We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these terms. Further, under no circumstances does TMAD have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Members use of the TMAD website.

You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video,
messages and other materials (Content), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means that you, and not TMAD are
entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services.
TMAD does not control any Content posted via the Services and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to
Content that is offensive, indecent and or objectionable. Under no circumstances will TMAD be liable in
any way for any Content, including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Services. 

No Sale
TMAD is an online information, advertising and listing service only and is not in any way involved in the sale, promotion of and or advertisement of alcohol or similar services and products.

Any contract, if any, is directly between a customer, user or member, and the venue they choose to deal with and which they themselves select. If you do not agree, then you are not permitted to use this website.

All purchases, whether via gifts or otherwise, are between the recipient of the gift and the outlet in question. All contracts and payments for gifts are between the gift donor and the particular outlet in question. No sale contract shall be deemed to exist between TMAD and any member, user, gift donor and or gift recipient.

Redemptions
All gifts must be redeemed by the recipient within thirty (30) days from the date of the purchase of the gift. If not redeemed with this period the gift and token may be deemed to have expired. The venues shall be under no obligation to furnish gifts which are older than this period, regardless of the venues have received payment.

Redemption Delays
TMAD cannot guarantee that gifts will be instantly redeemable in all outlets. For example, the service or individual outlets may operate a delay system (e.g. 24 hours) from the time of online payment to the gift being redeemable for verification and update purposes.

Legal Limits
If outlets are obliged to operate under certain legal obligations such as age limits, then gifts may only be redeemed at such outlets if the recipient has the required valid legal age and in addition is able to produce valid identification acceptable to the outlet in question. Gifts and or gift recipients which fail to meet these standards can be voidable at the instance of the outlet and or TMAD.

Conditions for Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the TMAD website. By way of example, and not as a limitation, you agree NOT to:

  • Defame, abuse, harass, stalk, threaten, bully or otherwise violate the rights (such as rights of privacy and publicity) of others;
  • Publish, distribute and/or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information;
  • Use other Members personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members;
  • Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others;
  • Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by TMAD;
  • Create a false or misleading identity of another individual or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
  • Transmit, email or post any material that contains in any form software, viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy, delay, hinder or limit the functionality of any computer, software, hardware or telecommunications equipment;
  • Use the TMAD website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website;
  • Attempt to gain unauthorised access to the TMAD website, other accounts, computer systems or networks connected to the TMAD website, through password mining, spying or any other means;
  • Modify, adapt, translate, or reverse engineer any portion of the TMAD website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the TMAD website (without our permission or consent);
  • Reformat or frame any portion of the web pages that are part of the TMAD website;
  • Disseminate content that infringes any patent, trade mark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property or personality law or any other applicable law;
  • Remove any copyright, trade mark or other proprietary rights notices contained in or on the TMAD website;
  • Disseminate any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;
  • Interfere with any Users or Members use and enjoyment of the TMAD website;
  • Harvest or collect email addresses or other contact information of Members, including usernames, from the TMAD website by electronic or other means;
  • Posting any incomplete, false or inaccurate information or information which is not User's own accurate posting;
  • Posting any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other Members, sub-distributors or sub-agents;
  • Deleting or revising any material posted by any other person or entity;
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of any TMAD website or any activity being conducted thereon;
  • Taking any action, which imposes an unreasonable or disproportionately large load on any TMAD website's infrastructure;
  • Disclosing to or sharing a password or ticket code with any party that is not expressly permitted to use such password, or using a password for any unauthorised purpose;
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any TMAD websites or services;
  • Accessing or downloading any content or publications otherwise than as permitted;
  • Attempting to reverse engineer or disable, amend, alter or bypass any security information, coding, encryption, use restrictions or embedded information or identifiers;
  • The information on this website is not intended to be provided to and should not be used in any State or jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this website or otherwise. If you have any doubts about the legality of your using this website, you should not use this website.

TMAD grants a non-exclusive non-transferable, limited personal licence to Members and or Users (as appropriate) to view and or access copies of (i) the publicly accessible material and (ii) the material available from those additional areas of the website to which Members may be permitted access pursuant to the terms of these Terms & Conditions and or the Membership Agreement on the website and any other websites under TMAD's control (whether partial or otherwise) (if permitted) (collectively “TMAD Website(s)”) for User's personal use in accordance with the terms and conditions of these Terms & Conditions and or the Privacy Statement and such other terms and conditions as may be imposed by TMAD from time to time at its sole discretion.

The contents of TMAD websites, such as text, graphics, images, logos, button icons, software and other Material are protected under European Union, Irish and international copyright, database rights, sui generis right, trade mark and other intellectual property laws. Except as otherwise provided in the Membership Agreement, all Material is the property of TMAD and or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on each TMAD website is the exclusive property of TMAD. All content belonging to TMAD remains the property of TMAD. All content not belonging to TMAD is licensed to TMAD on a perpetual royalty free basis. Unauthorised use of the Materials may violate copyright, trade mark and other laws. TMAD retains all copyright, trade mark, service-mark and other proprietary notices contained in the original Material and any copy Users makes of the Material. Users may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public purpose. Except to the extent otherwise permitted by the Agreement, the use of the Material on any other website or in a networked computer environment or any other communications or technology device or for any purpose is prohibited. Users and or Members are not authorised to sell, licence, forward or copy the Material to any other communications or technology device nor to forward, sell, licence, copy or distribute the Material to any other party whatsoever and wheresoever.

Users may not copy or adapt the HTML code that TMAD creates to generate its pages. Such HTML code is also protected by TMAD copyright.

Acceptable Website Use
General Rules: Users may not use any TMAD website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trade mark, trade secret, database or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, harassing abusive or hateful, or (d) is otherwise a breach of the Terms & Conditions for the time being.

Website Security Rules
Users are prohibited from violating or attempting to violate the security of any TMAD website, including, without limitation, (a) accessing data not intended for such party or logging into a server or account which such party is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any TMAD website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing” (d) sending unsolicited email, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. TMAD may investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting parties who are involved in such violations.

TMAD is committed to ensuring the privacy of your information and seeking to attain the highest standards of security at all times. However, you should note that messages and information passing over the Internet may not be free from interference by third parties and should be independently verified. You should never disclose data over the Internet in any manner unless you have satisfied yourself as to the security of the related technology/encryption. Please note that TMAD cannot guarantee the privacy or confidentiality of information relating to you passing over the Internet. In accessing this website and in availing of any of the services/information available on or via this website, you are deemed by these Terms & Conditions to accept that electronic messaging and Internet communication may not be free from interference by third parties and may not remain confidential. The use by you of this website is at your sole risk.

Proprietary Rights
TMAD does not claim any ownership rights in any Materials that you submit, post, or display on or through the TMAD website (if permitted). After submitting, posting or displaying Materials on or through the TMAD website (if permitted), you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the TMAD website, you hereby grant to TMAD a perpetual, royalty free limited license to use, copy, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the TMAD group websites and services. The license you grant to TMAD is non-exclusive (meaning you are free to license your Materials to anyone else in addition to TMAD), fully-paid and royalty-free (meaning that TMAD is not required to pay you for the use on the TMAD website of the Materials that you post), sublicensable (so that TMAD is able to use its related entities, affiliates and subcontractors such as Internet content delivery networks to provide the TMAD website), and worldwide (because the Internet and the TMAD website are global in reach). You represent and warrant that: (i) you own the Materials posted by you on or through the TMAD website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the TMAD website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the TMAD website. TMAD own and retain all rights on the TMAD website, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the TMAD website by TMAD. Except as expressly authorised by TMAD, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of TMAD proprietary information.

You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and 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.

Take Down Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trade marks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights and warrant and indemnify us in relation to same.

TMAD respects the intellectual property rights and good name of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the website, please contact us and provide us with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest or other right; a description of the copyrighted work or other right that you claim has been infringed; a description of where the material or other right that you claim is infringing is located on the website (including a URL and/or screen shot); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the right owner, its agent, or the law or is defamatory or otherwise unlawful; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the right owner or authorised to act on the right owner's behalf.

If you have a complaint please contact us at www.text-me-a-drink.com, please send us an email at Contact us at Text Me A Drink.

Disclaimer of Warranties
TMAD and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, accuracy, currency, actual charges, reliability or operability or availability of information or Materials displayed on the TMAD website. TMAD further expressly disclaims (1) that the TMAD website will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the TMAD website or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the TMAD website or the content made available as part of the TMAD website will be correct, accurate, timely, or otherwise reliable. TMAD expressly disclaims any and all responsibility and liability for the conduct of any other Member or User, and expressly disclaims that the content and Materials on the TMAD website input by other Members is correct or accurate.

THE TMAD WEBSITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE TMAD WEBSITE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS,” “WITH ALL FAULTS”, “AS IS AND WHEN AVAILABLE”, WITH NO WARRANTIES WHATSOEVER. TMAD EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU AGREE THAT YOUR USE OF THE TMAD WEBSITE IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at TMAD's request defend, TMAD, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the TMAD website, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys fees, of every kind and nature. In such a case, TMAD will provide you with written notice of such claim, suit or action.

Limitation of Liability
YOUR USE OF THE TMAD WEBSITE AND OR SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL TMAD, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH DELAY, CANCELLATION, USE OF, OR INABILITY TO USE, THE TMAD WEBSITE OR OTHER SERVICES, WHETHER OR NOT TMAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE TMAD WEBSITE, FROM INABILITY TO USE THE TMAD WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE TMAD WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE TMAD WEBSITE OR ANY PART OF THE TMAD WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TMAD WEBSITE.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings);
  • loss of goodwill or reputation;
  • special or indirect losses;
  • suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

Notwithstanding the above, subject to the above paragraph our total aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the registration, product(s) or services in respect of one incident or series of incidents attributable to the same clause.

TMAD is only a portal and information listing website and does not verify, screen or censor information, listings, publications and or Material available or offered. TMAD is not involved in the actual creation or formulation of publications nor the content, views and or opinion contained in any publications or Materials. As a result, TMAD has no control over the quality, safety or legality of the publications, postings, the truth or accuracy of the listings or publications and does not have the ability to alter, amend, moderate or censor publications. In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, local laws and customs, underage persons or people acting under false pretences. Users assume all risks associated with dealing with other users with whom Users come in contact through any TMAD Website or publication and all responsibility for their use of the website, services, publications and all local laws and customs.

Because user authentication on the Internet is difficult, TMAD cannot and does not confirm that each user is who he, she or it claims to be. As TMAD does not and cannot be involved in user-to-user dealings or control the behaviour of participants on or via the TMAD website. In the event that a User has a dispute with one or more Users, Users release TMAD (and its officers, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent resulting from such disputes.

TMAD is under no legal obligation to, and generally does not, control the information provided by publishers, suppliers and or other users which may be made available or accessible through or via the TMAD website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled or not labelled. TMAD expects that Users will use caution and common sense when using TMAD websites.

The Material may contain inaccuracies or typographical errors. Except and only to the extent expressly provided to the contrary in the Agreement, (i) TMAD makes no representations about the accuracy, reliability, completeness, or timeliness of TMAD websites or the Material and (ii) changes are periodically made by TMAD to the TMAD website and may be made by TMAD at any time and without notice.

Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any publications and or Material posting or any content placed by publishers, suppliers and or Users on the TMAD website.

TMAD is not responsible for any User arrangements, reservations, plans, purchasing, licensing, accessing or downloading decisions.

TMAD endeavours to provide generally accurate details wherever and whenever possible. No customer of TMAD (or any other person involved with the provision and maintenance of this website or publishers) takes any responsibility for the accuracy of the information provided on or via this website. Use and reliance of such information is at the Users sole risk. TMAD does not accept any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:

  • use of this website, including but not limited to any electronic messaging and Internet communication that may arise from, in the course of or pursuant to such use; and/or
  • reliance on the information contained in this website, whether: (a) downloaded or not; (b) authorised or not.

TMAD makes no representation or warranty or undertaking of any kind in relation to the analysis or information contained on this website or the completeness or accuracy of such information. In the event of any liability whatsoever arising, such liability shall be capped and limited to the amount of any Membership fee received or the value of the last registration or transaction or €1.00 whichever is lower. In the event of any cancellation or delay TMAD does not accept any liability whatsoever.

Alcohol
TMAD does not sell, promote or advertise alcohol and is not a licensed bar, restaurant, hotel or similar establishment. We are simply providing an internet database for our customers and Members to appraise themselves of information and the existence of events and locations. Any contract, if any, is between the customers, user or member and the venue that the customer, user or member chooses.

Lost or Deleted Messages
TMAD and its customer are not responsible for incidents related to the mobile recipient including for the avoidance of doubt deleted text, deleted messages, interoperability and or the inability to open messages and texts, loss of phone, communications and delays in communications, telecommunications, outages and similar events beyond our control. The entire responsibility for same remains with the users, recipient and or Member. You are not permitted to use this website if you disagree.

User Submissions (if permitted)
Users are responsible for their own communications and for the consequences of postings and other submissions of Users, if any. Users shall not do the following things: post material that is copyrighted, unless the User is the copyright owner or has the permission of the copyright owner to post it; post material that reveals trade secrets, unless the User owns them or has the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy data protection or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive or hateful; post sexually-explicit images or statements; post advertisements or solicitations of business other than as contemplated by the Agreement, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

TMAD does not represent or guarantee the truthfulness, accuracy, legality or reliability of communications posted by users or endorse any opinions expressed by Users or publishers or authors. Users acknowledge that any reliance on material posted on any TMAD website will be at the User's own risk.

TMAD acts as a passive conduit for the online distribution and publication of information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by the User or any other user of communications which allegedly do not conform to the Agreement or these Terms & Conditions or, with respect to non-member users of any TMAD website, which do not conform to the terms of use applicable to the public access areas of any TMAD website, TMAD may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. TMAD has no liability or responsibility to Users or other users for performance or non-performance of such activities. TMAD reserves the right to remove communications that are abusive, illegal or disruptive. TMAD may take any action with respect to user-submitted information that it deems necessary or appropriate in its reasonable discretion if it believes it may create liability for TMAD or others or may cause TMAD to lose (in whole or in part) the services of its ISPs, publishers, advertisers, partners or other suppliers.

Registration and Password
Users are responsible for maintaining the confidentiality of its information and password(s) assigned to Users and including coding, passwords and related information and access permissions. Users shall immediately notify TMAD of any unauthorised use of any password, coding, etc. of which Users become aware. Users agree to notify TMAD promptly after the departure of any person to whom a password, coding, etc. was provided and TMAD reserves the right to cancel such password and issue a new password and or ticket in lieu thereof. TMAD reserves the right to periodically change issued passwords. You also agree to (a) immediately notify TMAD of any unauthorized use of your account and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TMAD cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Links
TMAD websites may contain links to third party websites. These links are provided solely as a convenience to Members and/or other users and not as an endorsement by TMAD of the contents on such third party websites. TMAD is not responsible for the content of linked third party websites and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites. If Users decide to access linked third party websites, Users do so at their own risk.

This website may contain hypertext links to websites not maintained by TMAD or any customer of the TMAD group. Neither TMAD any member of the TMAD group endorses or represents the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on such other websites. No customer of TMAD group is or shall be (or be deemed to be) a party to any contract that you may or do enter into with the providers of such goods, services or products. You are reminded that different terms and conditions of use will apply to you as a user of such websites. TMAD hereby disclaims any and all liability for the content of such websites and any loss or damage of any nature suffered by you as a result either: (a) of accessing or using such websites; or (b) availing of or acquiring any or all of the goods, services or products advertised or available on or via such websites. The use by you of such websites is at your sole risk.

This website may contain hypertext links to other websites. You are reminded that different terms and conditions of use may apply to you as a user of such websites.

No third party is permitted to create a link from another website to this website without our consent.

Disclaimer as to Accuracy of Information
Care has been taken in the preparation of the information contained on this website. However, we do not make any representations or warranties as to the accuracy of the information contained on this website.

Not an Offer or Solicitation
The information contained on this website is not intended to nor does it constitute an offer or solicitation of services.

Privacy Statement
TMAD will use your personal data in the manner set out in its Privacy Statement. However, in the event of a conflict between the Privacy Statement and these Terms & Conditions, the Terms & Conditions shall prevail.

Copying
The information contained on this website may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of TMAD.

Amendments
The contents of this website, including these Terms & Conditions, any information contained on this website and TMAD service are subject to change and to being updated without notice from time to time. Amendments shall be notified by updated policies and terms on this website for the time being.

General
TMAD makes no claims that the website, content or Materials may be lawfully viewed, accessed or downloaded outside of Ireland. Access to the Materials may not be legal by certain persons or in certain countries. If Users access any TMAD website from outside of the Republic of Ireland, they do so at their own risk and are solely responsible for compliance with the laws and customs of, or applicable to, its jurisdiction. Jurisdiction for any claims arising under the Agreement, including but not limited to these Terms & Conditions, shall lie exclusively with the Irish Courts and the Terms & Conditions and Membership Agreement shall be construed in accordance with the law of Ireland. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term.

Notices
TMAD may provide you with notices regarding the TMAD website or these Terms & Conditions by regular mail, email, text, MMS and postings to this website.

Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the TMAD website.

Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of Ireland, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Ireland. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms & Conditions to be unenforceable, the remainder of the Terms & Conditions will continue in full force and effect. You shall not assign these Terms & Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall TMAD be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms & Conditions constitute the entire agreement between you and TMAD with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms & Conditions by a party will be effective only if in writing and signed by a party.

We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

To provide increased value to our Members, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related reservation for products to any third party unless agreed upon in writing by us.

We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms & Conditions shall not be affected.

No delay or failure by us to exercise any powers, rights or remedies under these Terms & Conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of us.

These Terms & Conditions including the documents or other sources referred to in these Terms & Conditions supersede all prior representations understandings and agreements between you and us relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this website.

These Terms and conditions shall be governed by and construed in accordance with the laws of Ireland and any dispute between us will be resolved exclusively in the courts of Ireland.

Privacy Statement

 

 

All deals on Text Me A Drink

Any questions? contact Text Me A Drink



Text Me A Drink has been Created by
Web Design in Dublin
&
Triskel Studio

Click here