PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING WHAT2DO – THE COMMUNITY EVENT GUIDE OR OTHER
GINGELAND ONLINE PROPERTIES
What's in these terms and conditions?
These terms and
conditions (these Terms) tell the user (You/Your) the rules for
using the GingeLand and/or What2Do – The Community Event Guide website(s) and/or
mobile application (the GingeLand Online Properties and each an
Online Property) owned and operated by GingeLand Limited (We/Us/our).
You may find the following
information in the sections as set out below:
1. Who
We are and how to contact Us
2. By
using our GingeLand Online Properties, You accept these terms
4. There
are other terms that may apply to You
5. We
may make changes to these terms
6. We
may make changes to our GingeLand Online Properties
7. We
may suspend or withdraw our GingeLand Online Properties
8. We
may transfer this agreement to someone else
9. Our
GingeLand Online Properties are only for users in Ireland, including Northern Ireland
10. You
must keep Your account details safe
11. How You may use material on our GingeLand
Online Properties
12. Do
not rely on information on our GingeLand Online Properties
13. We
are not responsible for websites We link to
14. User-generated
content is not approved by Us
15. How
to complain about content uploaded by other users
16. Our
responsibility for loss or damage suffered by You
17. How
We may use Your personal information
18. Uploading
content to our GingeLand Online Properties
19. Rights You are giving Us to use
material You upload
20. We
are not responsible for viruses and You must not introduce them
21. Rules
about linking to our GingeLand Online Properties
22. Which
country's laws apply to any disputes?
GingeLand Limited t/a GingeLand (a company incorporated in Ireland with registered number 654190) is an Irish software development company. Our product “What2Do – The Community Event Guide” (the Mobile App) is an online community event guide and advertising platform for any kind of local/community event. The GingeLand Online Properties will display real-time information to you, the user (You and Your), about any event within 20kms of Your location. The GingeLand Online Properties and associated services are provided free of charge for guest, standard and admin users of the GingeLand Online Properties.
Our registered office and main trading address is 6-9 Trinity Street, Dublin 2.
We are a private company limited
by shares (LTD).
To contact Us, please email info@gingeland.com or alternatively, contact us using the
What2Do Support section of The Mobile App.
If You do not agree to these Terms, You must
not use our GingeLand Online Properties.
Registered users of GingeLand Online Properties will be required to
agree to these Terms in order to carry out services provided by the website(s)
and/or mobile application.
We recommend that You print a copy of these
terms for future reference.
The Mobile App accommodates a number of user types, namely Guest,
Standard and Admin Users.
Guest User
As a Guest User, You have limited permissions for the features
available in the GingeLand Online Properties.
Standard User
As a Standard User, You will be required to create an account in order
to access the additional features and functionality of the GingeLand Online
Properties.
Admin User
As an Admin User, You must first become a Standard User and You can then
progress to become an Event Organiser/Admin User to access further enhanced
features and functionality on the GingeLand Online Properties.
In order to access the permissions outlined below under each user, You
agree to follow GingeLand Online Property rules as outlined in this Terms of
Service.
To create an account with GingeLand Online Properties you agree that:
·
You, are
least 16 years of age, or at the legal age of the location where you reside, in
order to use the GingeLand Online Properties features and functionality. If you
are 13 years of age or older, you need permission and the supervision of any
parent or legal guardian who is responsible for monitoring Your use. If you are under the age of 13 years, then
you cannot register to use GingeLand Online Properties features and
functionality and please do not send any information about your person.
·
The
information You provide about yourself to GingeLand Online Properties will be
true, accurate and current, and this information will be maintained as such.
·
Your
GingeLand Online Property account(s) will be Your full responsibility,
including keeping safe all associated email addresses and password combinations,
which should not be disclosed or discussed with any other person or forum. Any
breach to the security of Your account(s) should be immediately reported to Us.
·
Should
any dispute arise in relation to the ownership of provided email address or
social media logon for GingeLand Online Properties, We reserve the right to
adjudicate and act accordingly as the sole arbitrator however any action taken
will be at our sole discretion. This may include but not be limited to the
suspension or termination of said account(s).
·
The
information You provide about any entities You register will also be true,
accurate and current, and You confirm that you will maintain this information
to be correct for public consumption.
·
You have
a legally binding authority to act on behalf of any entity that You register
with GingeLand Online Properties, and in doing so you grant GingeLand Online
Properties the relevant permissions for that entity as outlined in these Terms.
·
You may
request an additional Event Organiser/Admin User for any one of Your registered
Entities and in doing so, You are accepting sole responsibility of adding the
correct user details, and of ensuring these Terms are adhered to, and accept
that any new user added will be awarded full Event Organiser/Admin User
permissions to said Entity.
·
Should
any dispute arise in relation to any activity or information provided
pertaining to an Entity or Entities registered with GingeLand Online Properties
then, where possible, that dispute must be addressed to the Entity or Entities
directly. We reserve the right to adjudicate and act accordingly as the sole
arbitrator however any action taken will be at our sole discretion. This may
include but not be limited to the suspension or termination of said account(s)
and as such, the removal of all associated advertised materials and uploads to the
GingeLand Online Properties.
As a Guest User You will have the following permissions on our GingeLand
Online Properties:
a) access to the home page with Premium Events
only for browsing;
b) search events by their locality or by
category of event;
c) access all event information including viewing
associated vouchers;
d) access all entity information including viewing
associated vouchers and events;
e) share events with friends on other social
media channels, by text message, email and various social media channels; and
f) access What2Do Support section which includes
a feedback option, a help centre, our policies and terms of service.
As a Standard User You will have the ability to access the following
permissions in addition to the permissions available to Guest Users:
a) to register and login through Facebook,
Google, Apple ID (iOS only) or manual registration using email address,
password, first name, last name, date of birth and gender (optional);
b) to follow events You may wish to attend or
are interested in. In order to do this a user:
i.
may add
and remove events to Your calendar on Your device;
ii.
may add
events for public following – the event is added to Your calendar on Your
device and confirmed friends can see You are following the event; and
iii.
may add
events for private following – the event is added to Your calendar on Your
device, however confirmed friends cannot see that You are following the event;
iv.
agrees
to receive push notification reminders on and/or before a followed event start
date;
v.
agrees
to receive push notification reminders for any amendments to followed events;
and
vi.
agrees to receive push notification request to confirm
attendance after a followed event end date (Yes or No).
You may opt out of push
notifications at any time by changing Your preferences in the My Notifications
section of the Mobile App.
Please be aware that friends not
confirmed are unable to see any events You are following either private or
public.
c) to collect vouchers by;
i.
following
an entity or event. Permanent or temporary voucher offers linked to an entity
or event will automatically get assigned to Your “My Voucher” section;
ii.
collecting
exclusive vouchers linked to a specific event. These will be assigned to Your
“My Voucher” section after following the associated event;
iii.
assigning
an exclusive voucher not linked to an event to Your “My Voucher” section;
iv.
adding
and removing vouchers displayed in Your “My Voucher” section; and
v. agreeing to receive push notifications for reminders on the expiration of exclusive vouchers, or, an amendment to any vouchers collected, or, associated with followed events/entities. You may opt out of push notifications at any time by changing Your preferences in the My Notifications section of the Mobile App.
d) to follow entities so a user may;
i.
quickly
access the Entity information screens via the “My Favs/Following” section;
ii.
receive
push notifications for events and/or vouchers that have been added; and
iii.
receive
push notifications for updates, or, cancellations to events and/or vouchers
collected.
e) to report abuse or make a complaint in
relation to an event or entity;
f) to rate and review an entity;
g) to add confirmed friends to, and see if they
are attending, events publicly. By using this function, you agree;
i.
that access
to Your contacts is required for this function;
ii.
that you
may connect with contacts using a mobile phone number or email address;
iii.
that users
become friends when each party/user agrees to follow each other. Please note
that neither user will be notified when a follow request is made as it is
mutually exclusive; and
iv.
to receive a push notification once the friend
agreement is confirmed.
h) to import or export events in Calendar;
i) to edit and/or delete personal information;
j) to store advanced search criteria in the “Favourites”
section;
k) to store up to three saved locations for;
i.
quickly
searching events in the area of a saved location;
ii.
receiving
newsletters with upcoming events in the area of a saved location; and
iii.
as an
Event Organiser, to quickly provide event and/or entity locations.
l) to receive a newsletter for upcoming events
in each saved location which is issued on a daily, weekly and/or monthly basis
as per Your recorded preferences;
m) to store and prioritise event categories of interest
for home screen personalisation;
n) to view history up to 12 months; and
o) to include event name, venue, date &
attendance record; and voucher history for exclusive vouchers redeemed; and the
name & date of friends confirmed.
As an Admin User/Event
Organiser You will have the same permissions as Standard Users, with the
following additional permissions allowing You to:
a) register an entity or multiple entities with
GingeLand Online Properties;
b) receive a unique Admin Dashboard for each
entity. Please note:
i.
the Admin
Dashboard is accessible via the Mobile App only;
ii.
as an
Admin User you will have the option to add other Admin Users to the entity via
the Admin Dashboard. Additional Admin Users will hold equal access and
administrator rights as the original Admin User;
iii.
Additional
Admin Users will receive their own Admin Dashboard for the associated Entity
assigned; and
iv.
Additional
Admin Users added will receive an email asking them to accept or reject the
permission. Additional Admin Users can also accept or reject the permission through
the Mobile App.
c) add, copy or amend events;
d) add or amend vouchers;
e) amend or delete entity
information;
f) remove Yourself as an Admin
User provided there is another registered Admin User on the system for the
associated entity;
g) as an Admin User, remove the
Admin access of another Admin User for an associated entity;
h) delete your standard profile
from our GingeLand Online Properties/The Mobile App under the same conditions
as above;
i) view high-level KPI stats
for the entity, including number of followers, active events and active
vouchers;
j) receive a mandatory weekly
and monthly Administrator User Summary for all Admin Users associated to an
entity in order to;
i.
assist
with the keeping event information current;
ii.
to
assist with keeping voucher information current; and
iii.
to
provide detailed KPI associated to previous and current events.
These Terms refer
to the following additional terms, which also apply to Your use of our GingeLand
Online Properties:
Our Privacy Policy which can be found here. See further under section 4. How do we use your personal data?
Our Acceptable Use
Policy can be found here, which sets out the permitted uses and
prohibited uses of our GingeLand Online Properties. When using our GingeLand
Online Properties, You agree to comply with this Acceptable Use Policy.
Our Cookie Policy
can be found here, which sets out information about the
cookies We use on our GingeLand Online Properties.
If You are a Guest
User, a Standard User or an Admin User and You are availing of our services
through our GingeLand Online Properties and our relevant terms of service will
apply.
These terms apply
to You as soon as You access the GingeLand Online Properties by any means and
continue in effect until they are terminated. There may come a time when either
You or GingeLand decides it is best to part ways. When that happens, these Terms
will generally no longer apply. However, certain provisions will always remain
applicable to both You, the user, and GingeLand.
We may terminate
your right to use the GingeLand Online Properties at any time (a) if You
violate or breach these Terms; (b) if You misuse or abuse the GingeLand Online
Properties, or use the GingeLand Online Properties in a way not intended or
permitted by Us; or (c) if allowing You to access and use the GingeLand Online
Properties would violate any applicable local, state, provincial, national and
other laws, rules and regulations or would expose Us to legal liability. We may
choose to stop offering the GingeLand Online Properties, or any particular
portion of the GingeLand Online Properties, or modify or replace any aspect of
the GingeLand Online Properties, at any time. We will use reasonable efforts to
provide You with notice of our termination of Your access to the GingeLand
Online Properties, where, in Our sole discretion, failure to do so would
materially prejudice You. You agree that We will not be liable to You or any
third-party as a result of Our termination of Your right to use or otherwise
access the GingeLand Online Properties.
All of the provisions
contained in these Terms which, by their nature, should survive termination of
these Terms, will survive and continue to apply to You and Us (including,
without limitation, all limitations on liability, releases, indemnification
obligations, disclaimers of warranties, agreements to arbitrate, choices of law
and judicial forum and intellectual property protections and licences)
We amend these Terms
from time to time. Every time You wish to use our GingeLand Online Properties,
please check these Terms to ensure You understand the Terms that apply at that
time. These Terms were most recently updated on the date as set out at the
bottom of this page.
We may update and
change our GingeLand Online Properties from time to time to reflect changes to
our GingeLand Online Properties, our users' needs and our business priorities.
We will try to give You reasonable notice of any major changes.
We do not guarantee
that our GingeLand Online Properties, or any content on it, will always be
available or be uninterrupted. We may suspend or withdraw or restrict the
availability of all or any part of our GingeLand Online Properties for business
and operational reasons. We will try to give You reasonable notice of any
suspension or withdrawal.
You are also
responsible for ensuring that all persons who access our GingeLand Online
Properties through Your internet connection are aware of these Terms and other
applicable terms and conditions, and that they comply with them.
You agree that We will
not be liable for any losses, direct or indirect, suffered by You or any persons
who access our GingeLand Online Properties through Your internet connection, in
relation to a loss of access or interruption to the GingeLand Online Properties.
We may transfer our
rights and obligations under these Terms to another organisation. We will
always tell You in writing if this happens and We will ensure that the transfer
will not affect Your rights under the contract.
Our GingeLand
Online Properties are directed to people residing in Ireland (including
Northern Ireland). We do not represent that services available on or through
our GingeLand Online Properties are appropriate for use in or available in
other locations.
If You choose, or You
are provided with, a user identification code, password or any other piece of
information as part of our security procedures, You must treat such information
as confidential. You must not disclose it to any third party.
We have the right
to disable any user identification code or password, whether chosen by You or
allocated by Us, at any time, if in our reasonable opinion You have failed to
comply with any of the provisions of these Terms.
If You know, or
suspect that anyone other than You knows, your user identification code or
password, You must promptly notify Us at info@gingeland.com.
We are the owner or
the licensee of all intellectual property rights in our GingeLand Online
Properties, and in the material published on it. Those works are protected by
copyright laws and treaties around the world. All such rights are reserved.
You may print off
one copy, and may download extracts, of any page(s) from our GingeLand Online
Properties for Your personal use and You may draw the attention of others
within Your organisation to content posted on our GingeLand Online Properties.
You must not modify
the paper or digital copies of any materials You have printed off or downloaded
in any way, and You must not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying text.
Our status (and
that of any identified contributors) as the authors of content on our GingeLand
Online Properties must always be acknowledged.
You must not use
any part of the content on our GingeLand Online Properties for commercial
purposes without obtaining a licence to do so from Us or our licensors.
You have no right
to, and agree not to use any automated channel to extract data from GingeLand
Online Properties. This includes, but is
not limited to, the scraping; harvesting; crawling or mining of our content.
If You print off,
copy or download any part of our GingeLand Online Properties in breach of these
Terms, Your right to use our GingeLand Online Properties will cease immediately
and You must, at our option, return or destroy any copies of the materials You
have made.
The content on our GingeLand
Online Properties is provided for general information only. It is not intended
to amount to advice on which You should rely. You must obtain professional or
specialist advice before taking or doing, or refraining from taking or doing any
action, act or thing on the basis of the content on our GingeLand Online
Properties.
Although We make
reasonable efforts to update the information on our GingeLand Online Properties,
We neither make nor give any representation, warranty or guarantee, whether
express or implied, that the content on our GingeLand Online Properties is
accurate, complete or up to date.
Where our GingeLand
Online Properties contain links to other sites and resources provided by third
parties, these links are provided for Your information only. Such links should
not be interpreted as approval by Us of those linked websites or information You
may obtain from them.
We have no control
over the contents of those sites or resources.
Our GingeLand
Online Properties may include information and materials uploaded by other users
of the GingeLand Online Properties, including to blogs, bulletin boards and
chat rooms. This information and these materials have not been verified or
approved by Us. The views expressed by other users on our GingeLand Online
Properties do not represent our views or values.
Admin Users may
place advertisements on the GingeLand Online Properties and in doing so, if you
are an Admin User You agree that You will comply with all applicable laws when
placing advertisements. These include, but are not limited to, the Consumer
Protection Act 2007, the European Communities (Misleading and Comparative
Marketing Communications) Regulations 2007, the European Communities
(Misleading Advertising) Regulations 1988, European Communities (Protection of
Consumers in Respect of Contracts made by means of Distance Communications)
Regulations 2001, the European Communities (Directive 2000/31/EC) Regulations,
2003 (each as amended, supplemented or replaced from time to time) and any
other consumer protection legislation at the time being in force.
If You wish to
complain about content uploaded by other users, please use one of the following
channels:
·
Select
“Report Abuse” on any Event information screen in The Mobile App (3 dots
parallel to the event name);
·
Submit
an online form via the What2Do Support section in The Mobile App; or
·
Contact
Us directly on feedback@what2do.gingeland.com.
We take abuses to this policy and our acceptable use policy (available here) very seriously and if deemed by Us to be necessary or required by law, we will work with the relevant law enforcement agency to ensure any issues are handled effectively.
We encourage you as a first priority to contact your local law
enforcement agency should you have reason to believe content could lead to the
endangerment of life or is illegal in nature.
Please then ensure you contact us, without delay, on one of the channels
outlined above, and advise us of the same.
Whether You are a
Guest User, Standard User or Admin User:
·
We do
not exclude or limit in any way our liability to You where it would be unlawful
to do so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors and for
fraud or fraudulent misrepresentation.
·
We
exclude all implied conditions, warranties, representations or other terms that
may apply to our GingeLand Online Properties or any content on it.
·
We will
not be liable to You for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable,
arising under or in connection with:
·
use of,
or inability to use, our GingeLand Online Properties; or
·
use of
or reliance on any content displayed on our GingeLand Online Properties.
·
In
particular, We will not be liable for:
·
loss of
profits, sales, business, or revenue;
·
business
interruption;
·
loss of
anticipated savings;
·
loss of
business opportunity, goodwill or reputation; or
·
any
indirect or consequential loss or damage.
·
You
agree not to use our GingeLand Online Properties for any commercial or business
purposes, and We have no liability to You for any loss of profit, loss of
business, business interruption, or loss of business opportunity.
We will only use Your
personal information as set out in our Privacy Policy which can be found here.
Whenever You make
use of a feature that allows You to upload content to our GingeLand Online
Properties, or to make contact with other users of our GingeLand Online
Properties, You must comply with the content standards set out in our
Acceptable Use Policy, found here.
You warrant that
any such contribution does comply with those standards, and You will be liable
to Us and indemnify Us for any breach of that warranty. This means You will be
responsible for any loss or damage We suffer as a result of Your breach of
warranty.
Any content You
upload to our GingeLand Online Properties will be
considered non-confidential and non-proprietary. You retain all of Your
ownership rights in Your content, but You are required to grant Us and other
users of our GingeLand Online Properties a limited licence to use, store and
copy that content and to distribute and make it available to third parties. The
rights You license to Us are described in section 19. Rights
You are giving Us to use material You upload.
We also have the
right to disclose Your identity to any third party who is claiming that any
content posted or uploaded by You to our GingeLand Online Properties
constitutes a violation of their intellectual property rights, or of their
right to privacy.
We have the right
to remove any posting You make on our GingeLand Online Properties if, in our
opinion, your post does not comply with the content standards set out in these
Terms or our Acceptable Use Policy, found here.
You are solely
responsible for securing and backing up Your content.
We do not store
terrorist content.
When You upload or
post content to our GingeLand Online Properties, You grant Us a
worldwide, non-exclusive, royalty-free, transferable licence to use that content to provide any requested
services to all other users of our GingeLand Online Properties forever.
We do not guarantee
that our GingeLand Online Properties will be secure or free from bugs or
viruses.
You are responsible
for configuring Your information technology, computer programmes and platform
to access our GingeLand Online Properties. You should use Your own virus
protection software.
You must not misuse
our GingeLand Online Properties by knowingly introducing viruses, trojans,
worms, logic bombs or other material that is malicious or technologically
harmful. You must not attempt to gain unauthorised access to our GingeLand
Online Properties, the server on which our GingeLand Online Properties are
stored or any server, computer or database connected to our GingeLand Online
Properties. You must not attack our GingeLand Online Properties via a
denial-of-service attack or a distributed denial-of service attack. By
breaching this provision, You would commit a criminal offence under the Criminal
Damage Act 1991. We will report any such breach to the relevant law enforcement
authorities, and We will co-operate with those authorities by disclosing Your
identity to them. In the event of such a breach, Your right to use our GingeLand
Online Properties will cease immediately.
You may link to our
GingeLand.com homepage, provided You do so in a way that is fair and legal and
does not damage our reputation or take advantage of it.
You must not establish
a link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
You must not
establish a link to our GingeLand Online Properties in any website that is not
owned by You.
Our GingeLand
Online Properties must not be framed on any other site, nor may You create a
link to any part of our GingeLand Online Properties other than the home page,
without the express permission and relevant licence as outlined in section 11 How You may use material on our GingeLand
Online Properties.
We reserve the
right to withdraw linking permission without notice.
The website in
which You are linking must comply in all respects with the content standards
set out in our Acceptable Use Policy, found here.
If You wish to link
to or make any use of content on our GingeLand Online Properties other than
that set out above, please contact info@gingeland.com.
If You are a
consumer, please note that these Terms, their subject matter and their
formation, are governed by Irish law. You and We both agree that the courts of
the Republic of Ireland will have exclusive jurisdiction.
If You are a
business, these Terms, their subject matter and their formation (and any
non-contractual disputes or claims) are governed by Irish law. We both agree to
the exclusive jurisdiction of the courts of the Republic of Ireland.
Date Last Updated: 7th
October 2020