Terms & Conditions
Where we refer in the Terms and Conditions to “your organisation”, all such references should be taken to apply to the entity in the name of which application is made.
By applying to become a member of the Irish ProShare Association (herewith “IPSA”) you or your organisation agree to accept without modification the Terms and Conditions below and agree to comply with and be bound by the Memorandum and Articles of Association of IPSA and any regulations and bye-laws from time to time in force. By viewing and using the Site you or your organisation are deemed to consent to and accept the Terms and Conditions.
Please read these Terms and Conditions carefully before subscribing to become a member.
1. CHANGES TO THESE TERMS AND CONDITIONS:
We reserve the right to change these Terms and Conditions at any time. Any changes are effective immediately upon posting to the Site. Your or your organisation’s continued use of the Site constitutes both your and your organisation’s agreement to such Terms and Conditions.
2. YOUR STATUS:
In order to apply on your own behalf or on behalf of your organisation to become a member of IPSA you must be at least 18 years old and you must be legally capable of entering into binding contracts.
3. USER REGISTRATION:
In order for you or your organisation to become a member of IPSA you must register, set up an account and pay a subscription. This subscription fee is determined by IPSA and can be subject to change at any time at its sole discretion.
Membership of IPSA is personal to you or your organisation and may not be transferred or reassigned. By registering to become a member you or your organisation agrees to pay all fees and charges including applicable taxes and to comply with the Articles of Association of IPSA and any regulations and bye-laws from time to time in force.
4. PERSONAL INFORMATION:
In order for you or your organisation to become a member of IPSA you must provide the Site with (a) true, current, complete and accurate information as prompted to do so by the Site and (b) maintain and properly update this information as required to keep it true, current, complete and accurate.
In the case of an organisation, applying to become a member it must provide names and descriptions of the principals, officers, directors and/or partners and secretary if appropriate and any other information which IPSA may require.
In the case of an individual applying to become a member he/she must give the name, residence, business profession or other occupation of the applicant and any other information which IPSA may require.
If you or your organisation provides any information that is untrue, not accurate, incomplete or inaccurate or the Site has reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate IPSA has the right to suspend or terminate your or your organisation’s membership.
All information requested on original sign up shall hereafter be referred to as “Registration Information”. This Registration Information will be retained by IPSA for no longer than as is necessary.
Unless you or your organisation has agreed to the use of the Registration Information for direct marketing purposes by IPSA or selected third parties, IPSA agrees to use the Registration Information only for the purpose of supplying the benefits of membership to you or your organisation. If you or your organisation has agreed to the use of the Registration Information for direct marketing purposes it may opt out in writing at any time. IPSA does not make any representation or warranty with respect to the content of any direct marketing messages or any goods or services which may be obtained from such third parties, and you or your organisation agree that IPSA shall not have any liability with respect thereof.
IPSA reserves the right to disclose the Registration Information if required to do so by law or if it believes in good faith that any such disclosure is reasonably necessary for the administration of Justice, to enforce these Terms and Conditions, to respond to any complaint received regarding the rights of third parties, or to protect the rights, property or personal safety of IPSA its users and the public.
Organisations admitted to membership may nominate a number of nominees, as determined by IPSA from time to time, who shall be authorised by the organisation to represent its interests at IPSA. The nominees for the time being of an organisation may at the absolute discretion of IPSA be entitled to the rights and privileges of members as set out in the Articles of Association of IPSA or in any regulations or bye-laws.
6. USER ACCOUNT, PASSWORD AND SECURITY:
You are entirely responsible for maintaining the confidentiality of your or your organisation’s password and account, and for any and all activities, which may occur under your or your organisation’s account or password. You agree to immediately notify IPSA of any unauthorised use of your or your organisation’s account, password or any other breach of security known to you. IPSA will not be liable for any loss that you or your organisation may incur as a result of someone else using or accessing your or your organisation’s password or account, either with or without your or your organisation’s knowledge. However you or your organisation may be held liable for losses incurred by IPSA or any other party as a result of someone else using or assessing your or your organisation’s password or account. You or your organisation will not use anyone else’s account at any time without the permission of the account holder. You or your organisation may change its password or profile by following the instructions on the Site.
7. AUTO RENEWAL:
You or your organisation’s subscription will be automatically invoiced by IPSA one month in advance of the renewal date unless you or your organisation provide written (including email) notification that you do not wish to renew the membership. No payment will be taken for renewal until provided by you or your company. Payment must be made within 30 days of your renewal date or IPSA reserve the right to cancel your subscription without notice.
8. MEMBERSHIP PAYMENT:
In order for you or your organisation to become a member of IPSA through the Site you must provide IPSA with valid credit card information and providing such information you or your organisation authorise IPSA to bill all fees, charges and applicable taxes through that account as and when they become due. Any queries regarding billing on your or your organisation’s account must be raised with IPSA within 30 days. You or your organisation will be billed in Euro. If IPSA does not receive payment from the credit card issuer, you or your organisation agree to pay all amounts due on its account upon demand. If IPSA does not receive prompt payment for all fees and charges and applicable taxes, you or your organisation will be in default and IPSA reserves the right to suspend your or your organisation’s account without notice. Subject to any rights of withdrawal applicable law, fees, charges and applicable taxes are non refundable.
9. EVENT SERVICE:
Once you or your organisation have/has become a member of IPSA it may book and pay for attendance at events hosted by IPSA through this Site.The fees for such events can be charged to the credit card or an invoice can be issued which must be discharged within 30 days.
10. CANCELLATION POLICY:
IPSA cancellation policy may vary depending on the service.
You have the right to cancel your place at an Event under these terms:
• If you cancel your attendance at least 14 days before IPSA Event is due to begin, you will be due a full refund of that amount.
• If you cancel your attendance at a IPSA Event less than 14 working days before an event is due to begin, or if you fail to attend an event, no refund will be given.
11. LIABILITY AND DISCLAIMER:
To the extent permitted by law, we provide the Site without any warranties or guarantees. In particular, we do not warrant that the Site or any of its contents are virus free. You or your organisation must take its own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties. Although we do our best to provide constant, uninterrupted access to the Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. The Site provides content from other sources and while we try to ensure that material included on the Site is correct, we cannot accept responsibility if this is not the case. This disclaimer does not affect your or your organisation’s statutory rights.
To the full extent allowed by law, you or your organisation agree that IPSA will not be liable to you or your organisation for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or relating to the Site. If we are found to be liable to you or your organisation our liability shall not exceed the membership fees. Nothing in these terms and conditions shall exclude IPSA’s liability for personal injury or death caused by negligence.
12. USE OF MATERIAL ON THE WEBSITE:
For the purposes of this agreement, “material” includes, without limitation, text, video, graphics and sound material, published on the Site. You or your organisation may download and print extracts from the material and make copies of these for its own personal and non-commercial use only. You or your organisation is not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Site. You or your organisation must not reproduce any part of the Site or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
13. TERM AND TERMINATION:
(a) We reserve the right to terminate your or your organisation’s membership at anytime without notice, and without issuing any refunds if it is in breach of the Terms and Conditions. We shall not be liable to you or your organisation or any third party arising from the termination of your or your organisation’s membership.
(b) We reserve the right to terminate your or your organisation’s account following the expiry of your or your organisation’s membership and to delete all information and files on your or your organisation’s account if you or your organisation does not renew its membership. You can renew you or your organisation’s membership within two months only, following the expiry of the membership period. After two months if you have not renewed you or your organisation’s membership within this two month period you will not be able to access your or your organisation’s account and all data and information relating to you or your organisation’s account will be deleted.
14. THIRD PARTY ADVERTISING ON THE WEBSITE:
You or your organisation may see advertising material submitted by third parties on the Site. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy.
15. GOVERNING LAW:
The Terms and Conditions shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. You or your organisation and IPSA agree to submit to the exclusive jurisdiction of the Courts of Ireland. The place and performance of this agreement shall be Ireland.
16. CONTACT US:
If you have any questions or queries please contact us providing your or your organisation’s name, address and telephone number and details of the product you ordered addressing your correspondence firstname.lastname@example.org