Acceptance and Acknowledgement

 

This Agreement (the Agreement) outlines in detail the terms and conditions governing your access to and use of the www.shemazing.net (‘SHEmazing’) web site.

 

By entering and/or using the SHEmazing web site you are bound by the terms and conditions contained in this Agreement. These terms and conditions are critical to ensure your protection and ours. It is imperative that you take the time to read the terms and conditions in this Agreement. Should you have any questions about them please do not hesitate to contact us at sue [at] magicmum.ie

 

SHEmazing retains the right at all times, to adapt, alter or amend this Agreement and/or any part thereof. You are responsible for examining this Agreement on a continuing basis. Indeed your continued use of the SHEmazing web site is indicative of an acceptance by you of any modification to this Agreement and an approval to be bound by its terms.

 

Residents outside of Ireland

 

The SHEmazing web site is for the use of citizens of Ireland (32 counties). Residents of other countries are free to access and use the SHEmazing web site, however they do so at their own risk. It is the sole obligation of non residents to ensure that accessing and using the SHEmazing web site does not breach their local laws.

 

Third Party Sites

 

The web site may contain links which might navigate you away from the SHEmazing web site and access other web sites (“linked sites”). Such linked sites are not under the control of SHEmazing and therefore SHEmazing is not accountable for the subject matter and/or content of any linked sites or any link contained in a linked site or any changes or updates to such sites. SHEmazing is not accountable for web casting or any other form of transmission received from any linked site. SHEmazing is merely providing these links to you as a convenience and the insertion of any link does not amount to an endorsement by SHEmazing of the site nor does it imply any association with their operators.

 

Dealings with Advertisers

 

Any dealings or correspondence with, or participation in promotions and/or advertisers established on or through the SHEmazing web site are solely between you and such advertiser. Consequently and as a result of this you agree that SHEmazing will not be accountable or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the SHEmazing web site. You should check specifications of vehicles with the seller of the vehicle before committing to a purchase. Any unsolicited commercial communication made with our advertisers through the SHEmazing website is chargeable at €300 per communication.  By accessing this website, any user agrees to this charge and to our payment terms of 7 days from invoice.

 

Intellectual Property / Copyright

 

All materials published on the SHEmazing web site including, but not confined to, product descriptions, photographs, images, illustrations, pricing information and reviews are protected by copyright and owned or controlled by SHEmazing. You hereby agree that all trademarks, trade names, service marks, rights (unregistered or registered) in any designs, applications for any of the foregoing; business or trade names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including software, software architecture, design or code including source and object code, data specifications, drawings, instructions, programs, developments, methods, techniques and improvements; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the SHEmazing web site (hereinafter referred to as “Intellectual Property”) are solely owned by SHEmazing. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. Any other trademarks, company logos and product names cited herein are the property of their respective owners.

 

The graphics, text, web site design, the selection and arrangement thereof and all software are copyright of SHEmazing. Apart from the express consent permitted by these terms and conditions, you are not permitted to, adapt, alter, copy, download, display, reproduce, redistribute, republish, transmit, create derivative works from or otherwise extract or re-utilise any of the contents of this site. You must not cache any of the contents for access by third parties nor mirror or frame any of the content of the site nor incorporate it into another website without our express written permission. By submitting any material, including photos, to the SHEmazing website or associated web pages, you grant SHEmazing full right and authority to use such material to the fullest extent that you are entitled to do so by law. You also warrant to SHEmazing that you have the full right and entitlement to such material and agree to indemnify SHEmazing against any loss or claim to which it may be exposed as a result of you submitting such material if you have no such entitlement.

 

Limitation of Liability

 

SHEmazing does not make any warranty that the web site is unfettered from infection by viruses or any other thing that has contaminating properties and we do not accept any liability for any claims or losses arising from any inability to access the SHEmazing site. Furthermore, SHEmazing will not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss howsoever arising (including, but not limited to, an action in negligence, contract or other tortious action) that develops from the use of material and information available on the SHEmazing web site.

 

Disclaimer

 

The information and material contained in the SHEmazing site including, but not limited to, images, product descriptions, photographs, illustrations, pricing information and reviews may contain typographical errors and inaccuracies. SHEmazing does not warrant the completeness or accuracy of the information or materials or the reliability of any advice, statement, opinion or other information displayed or distributed through the SHEmazing web site. You acknowledge that any reliance on any such opinion, statement, information or memorandum shall be at your own risk. SHEmazing reserves the right in its sole discretion to correct any omissions or errors in any part of the SHEmazing web site.

 

The SHEmazing web site, the material and information on the SHEmazing web site are administered “as is” without any representation or warranty, implied or express, of any kind, including, but not limited to warranties regarding merchantability, non-infringement, fitness for any particular purpose and title. Please note that all vehicles are subject to prior sales.

 

SHEmazing does not attempt to make any warranty, guarantee nor any representation regarding the quality of or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies on the SHEmazing web site. SHEmazing will not be liable for any failure to perform any of its duties under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, war, strikes, industrial disputes, lock-outs and breakdown of internet services or other computer services

Indemnity and Waiver

 

You hereby agree to indemnify and keep indemnified SHEmazing its successors and assigns and each of its respective directors, officers, agents and employees from and against any and all liability, losses, damages, claims (including reasonable legal fees) caused in any way from your use of the material and information posted on the SHEmazing site or resulting from any breach of this Agreement whether such breach is carried out by you, your use of the SHEmazing web site, your connection to the SHEmazing site or your contravention of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the SHEmazing web site is done at your own risk and discretion and that you waive any right to bring any action or claim against SHEmazing or its successors, officers, assigns, employees, directors and agents for any damage, injury or loss arising from your access to or use of the SHEmazing site.

 

Competitions or Sweepstakes

 

Unless stated otherwise within the text accompanying a competition, by entering a competition via SHEmazing.net you agree to the following Terms & Conditions:

1. Competitions are open to residents or Ireland other than employees of SHEmazing.net and their immediate families, their agencies or anyone professionally connected to a competition. All entrants must be 18 years or over.
2. Closing date for submissions may be changed at the sole discretion of SHEmazing.
3. If a winner is unable to receive their prize, unless stated within the individual competition, the prize can be transferred to a friend or family member.
4. The winners will be notified by email within 7 days of the closing date and must claim the prize within 28 days of being notified. The onus lies with the entrants to ensure they have a valid telephone number and email address on their SHEmazing account.
5. SHEmazing holds no responsibility if account details are missing or incorrect.
6. If a winner does not claim their prize within 28 days of being notified, they will forfeit the prize. In the event that a winner does not claim their prize within the specified time, another winner will be chosen in their place.
7. SHEmazing’ decision is final and no correspondence will be entered into. Entries that do not comply in full with these rules will be disqualified.
8. No cash alternatives will be offered.
9. SHEmazing reserves the right to substitute a prize of equivalent or comparable value should this become necessary for reasons beyond our control.
10. SHEmazing reserves the right to alter, amend or end any competition without prior notice in the event that circumstances make this unavoidable.
11. Only one entry is allowed per unique email address, unless otherwise stated. Multiple entries will not be accepted.
12. Incomplete, illegible or late entries will not be accepted. No responsibility will be accepted for entries lost or delayed in the course of transmission, nor for any associated costs to claimants.
13. The use of automated scripts is prohibited and will result in disqualification. Any unfair means of entry as determined in the sole and absolute discretion of SHEmazing will be disqualified.
14. SHEmazing accepts no responsibility for undelivered, uncollected or damaged prizes sent through the postal system.
15. Vouchers – if they constitute a prize or part of it – have a date of usage – it is the winner’s responsibility to use the voucher within the dates of usage. Hotel vouchers will state what is covered by the hotel – extras such as room service, mini-bar, beauty and spa services etc are generally not covered unless expressly stated on the hotel voucher.
16. Allocation of prizes to winners will be on a random basis, unless the prize is location specfic in which case prizes will be drawn on a random basis according to SHEmazing sole determination.
17. Winners must agree to participate in any promotional activities that may be organised by SHEmazing in connection with the competition without any further consent or payment.
18. To maximum extent permitted by law, SHEmazing is excluded from liability for any loss, damage or injury that might occur to the winner resulting from his or her acceptance of the prize.
19. All offers are subject to availability.
20. Images and text which accompany entries become the sole property of SHEmazing and by entering the competition to hereby give an unrestricted licence to SHEmazing to use such images and text.  Images and text which are copied from other websites are not eligible for entry and will be disqualified.

Prohibited or Unlawful Use

 

You hereby acknowledge and warrant to SHEmazing that you will not use the SHEmazing web site for any purpose that is prohibited or unlawful by these terms and conditions

 

You are prohibited from using the SHEmazing web site in any manner which would disable, overburden, and damage or impair the SHEmazing web site or frustrate any other party’s use and enjoyment of the SHEmazing web site. You may not acquire or attempt to acquire any information or material through any means not intentionally made available or provided for through the SHEmazing web site.

 

You hereby agree that you will not avail the contact details of advertisers to sell or canvas to them.

 

You hereby agree to indemnify and keep indemnified SHEmazing its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, losses, damages, claims (including reasonable legal fees) resulting in any way from any such uploading, posting, publication, distribution or dissemination of any such information or material on the SHEmazing web site.

 

You hereby agree and warrant that you will not upload, publish, upload, post or disseminate any material or information on the SHEmazing web site that infringes any copyright or intellectual property rights of any third party or does or would constitute a defamation or invasion of the rights of privacy or publicity of any kind of any third party or contains any content or images that are in any way harmful, threatening, defamatory, unlawful, obscene, harassing or racially, ethically or otherwise objectionable and aides or promotes violence, discrimination or illegal activity or depicts sexually explicit imagery.

 

Assignment

 

SHEmazing retains the right to subcontract or assign any or all of its rights and obligations under this Agreement.

Modifications to SHEmazing web site

 

SHEmazing retains the right from time to time and indeed at any time to modify or discontinue temporarily or permanently, the SHEmazing web site (or a part thereof) with or without forewarning. You acknowledge that SHEmazing will not be liable to you or any third party for any modification, suspension or discontinuance of the SHEmazing web site.

 

Should SHEmazing pursue its right to modify or discontinue the SHEmazing web site; SHEmazing will not be liable to you or any third party.

 

Entire Agreement

 

This Agreement constitutes the entire Agreement between you and SHEmazing. Furthermore this Agreement takes precedence over any prior agreements, statements, arrangements and understandings between SHEmazing and you.

 

Waiver

 

A waiver by SHEmazing of any breach by you of any of the terms, provisions or conditions of this Agreement or the acquiescence of SHEmazing to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid will not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.

 

Invalidity

 

If at any time any one or more provisions of this Agreement will be held to be invalid, illegal or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will continue in full force and effect.

 

Dissatisfaction

 

If you are dissatisfied any material or information posted on the SHEmazing web site or if you are unhappy with the SHEmazing web site the, or with any term or condition of this Agreement, your sole and exclusive remedy is to desist from using the SHEmazing site.

 

Governing Law

 

This Agreement will be governed by the laws of Ireland and you hereby acknowledge to the exclusive jurisdiction of the Irish courts in all matters regarding it.