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Terms & Conditions (GIY App)

GIY APP & Platform Terms of Use

Overview

 The following are terms of a legal agreement between you (User) and GIY Limited (GIY). GIY has a registered office at GROW HQ, Farronshoneen, Dunmore Road, Waterford X91 NX30, Ireland and is a company registered in Ireland under company number 9727934N. 

By accessing the GIY Platform and App (collectively any "Platform"), or by submitting the registration information on any Platform (at which point we ask you to agree to these Terms of Use) you create an agreement with us. Under this agreement, you agree to be bound by these terms of use as amended from time to time (Terms of Use). In return, we agree to allow you to access and use the Platforms until such access is terminated in accordance with these Terms of Use.

Please take the time to read these Terms of Use carefully, as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions.  If you do not agree with these Terms of Use, please do not register for, access, or use any Platform.

If you accept these Terms of Use, you may use the Platform in accordance with your licence, and may continue to do so for so long as you accept these Terms of Use. Your continued use will be deemed to be continued acceptance of these Terms of Use.

If you wish to complete quizzes or challenges, use the challenge tutorials, receive service notifications, subscribe to services, have a profile page or be entitled to notification of material changes to these Terms of Use (collectively referred to as "Registration Features"), you must register and create a Platform account. Any such account may be terminated in accordance with these Terms of Use.

GIY may, without notice to you, at any time revise these Terms of Use by updating this posting. It is your responsibility to regularly check the Platforms to determine if there have been changes to these Terms of Use and to review such changes. However, where required by law, and provided you have registered with the site and therefore have an account, we will send you an e-mail notifying you of any material changes to these Terms of Use to the email address recorded on your Account. GIY may also make improvements or changes in the products, services, or programs described on any Platform at any time without notice.

These Terms of Use apply exclusively to your access to and use of the Platforms and do not alter the terms or conditions of any other agreement you may have with GIY.

Platform Intellectual Property Rights

All rights in all software, designs, arrangements, graphics pertaining to the Platforms belong to GIY.

All trademarks, product names, and company names and/or logos displayed on the Platforms are either trademarks or registered trademarks of GIY or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of GIY. All page headers, custom graphics, button icons, and logos are service marks, trademarks and/or trade dress of GIY or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of GIY.

User Conduct

General

In using any Platform, you agree:

  • to comply with all policies of GIY or its Associates contained in, or referred to on, the Platform or as otherwise communicated to you by or on behalf of GIY from time to time;
  • not to disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, software, accounts, servers or networks connected to or accessible through the Platform or affiliated or linked Web sites;
  • not to use the Platform or content for any unlawful purpose or solicit others to perform or participate in any unlawful acts
  • not to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
  • not to upload, post, or otherwise transmit through or on the Platform any viruses or other harmful, disruptive or destructive files;
  • not to use or attempt to use another's account, service or system without authorization from GIY, create or use a false identity on the Platform or submit false or misleading information;
  • not to transmit through or on the Platform spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
  • not to infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • not to divulge your username and password to others either on or off the Platform;
  • not to attempt to obtain unauthorized access to any aspect of the Platform which is restricted from general access or to interfere with or circumvent the security features of the Platform or any related Platforms

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, national and international laws and regulations when using any Platform. We reserve the right to terminate your use of the Platform or any related Platforms/websites for violating any of the agreements.

Interaction

The Platforms contain areas where you may exchange comments with other users. You agree that you will not post or otherwise disseminate on or through any Platform unlawful, defamatory, harassing, libellous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation or, that are otherwise objectionable, including without limitation, content that demonstrates bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. GIY reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless GIY and its Associates from all claims from third parties based upon communications made or materials posted by you or upon your abuse of any Platform.

Notice of Inappropriate Use

If you believe that any other person has engaged in any conduct contrary to these Terms of Use, please Contact Us using support@giy.ie.

Privacy Policy

Privacy and You

GIY gathers and processes your personal data in accordance with this privacy notice and in compliance with relevant data protection law, including the EU General Data Protection Regulation (‘GDPR’) and implementing legislation such as the Data Protection Act 2018. This notice provides you with the necessary information regarding your rights and our obligations, and explains how, why and when we process your personal data.

What & How?

GIY processes your personal information to meet our legal, statutory and contractual obligations and to provide you with access to our Platforms.

The personal data that we collect includes:

  • Name
  • Email
  • Password
  • Phone Number
  • Organisation and Department/Team Name (where applicable)

In order to verify your identity on log-in, you may be asked to use a fingerprint. This will involve the collection and processing of biometric data, which is a special category of personal data.

We collect information in the below ways:

  • Where you supply information online through our website or online mobile applications;
  • When you or others give us information verbally or in writing. This information may be on application forms, in records of your transactions with us or if you make a complaint.
  • From your online activities with third parties where you have given us your consent (for example, by consenting to our use of certain cookies or other location tracking technologies).

The purposes and reasons for processing your personal data are detailed below:

  • to provide you with our services;
  • to correspond with you;
  • to complete identity and fraud prevention checks;
  • to comply with our legal obligations;
  • to send you promotional and marketing materials, subject to any preferences that you express when we collect your contact details or subsequently. You can opt out of receiving promotional and marketing materials from us at any time by contacting us.

The legal bases on which we process your personal data are:

  • that this is necessary for compliance with a legal obligation that applies to us
  • that this is necessary for the purposes of our legitimate interests in marketing and promoting our products and services, preventing identity fraud and conducting our business in a responsible and commercially prudent manner.

We will not process your personal data for these purposes if such legitimate interests should be overridden by your own interests, rights and freedoms;

The legal basis on which we collect, process and transfer special categories of data relating to you in the manner described above are;

  • that you have given your explicit consent to such processing.

What are your rights as a Data Subject?

As a data subject you have a number of rights which are summarised below. Some of these only apply in specific circumstances and are qualified in several respects by exemptions in data protection legislation. We will advise you in our response if we are relying on any such exemptions.

Right to be informed: you have a right to be informed about our collection and use of personal data.

Access to personal data: You have a right to request a copy of the personal information that we hold about you. Should you wish to make such a Subject Access request, please email to support@giy.ie. You should include sufficient information to clearly identify yourself as well as any other relevant information that will reasonably assist us in fulfilling your request. Your request will be dealt with as soon as possible (within 30 days under GDPR).

Right to correction of personal data: You can request us to rectify any personal data that we are processing about you which is inaccurate.

Right to withdraw consent: Under the new regulation consent should be freely given, specific, informed and provided via an unambiguous indication. Where we have relied upon your consent to process your personal data, you have the right to withdraw that consent at any time.

Right of erasure: You can request us to erase your personal data where there is no compelling reason to continue processing. This right only applies in certain circumstances, it is not a guaranteed or absolute right.

Right to data portability: You can request us to provide your personal data to you in a format which enables you to transfer that personal data to another organisation. You may have the right to have your personal data transferred by us directly to third party organisations, if this is technically feasible.

Right to restrict processing of personal data: In certain circumstances you can request us to suspend our processing of your personal data. Where we suspend our processing of your personal data we will still be permitted to store your personal data, but any other processing of this information will require your consent, subject to certain exemptions.

Right to object to processing of personal data: You have the right to object to our use of your personal data which is processed on the basis of our legitimate interests. However, we may continue to process your personal data, despite your objection, where there are compelling legitimate business reasons to do so or we need to process your personal data in connection with any legal claims.

How do we protect your data?

We recognise that online data protection and security is of vital importance for all our clients. Therefore, it is essential we provide you with confidence in the security of your personal data before you process your personal data on our website, for example when you register your personal details for our newsletter.

We use a variety of security measures to securely process your personal information when you interact with our website. Our advanced security techniques are governed by a mature IT infrastructure and framework. Our approach is focused on achieving the best mitigation of all known security risks. In order to help us in this regard, we employ a secure server so that all supplied information is transmitted via Secure Socket Layer (SSL) technology and encryption whenever possible to reduce the impact of any potential incidents. As the security of communications via the internet is not completely secure, we cannot guarantee the security of any information that you disclose using your internet connection. You accept the inherent security implications of using the internet. We will not accept liability for any direct, consequential, incidental, indirect, or punitive losses or damages arising from your use of online communications.

Implications of Not Providing Your Data

You are not under a statutory or contractual obligation to provide your personal data to GIY, however, as this information is required for our legal obligations, and to be able to enter into the agreement with you, we will not be able to offer our services without it.

How Long We Keep Your Data

GIY only ever retains personal data for as long as is necessary and we have strict review and retention policies in place to meet these obligations. We are required under EU laws to keep your personal data for a minimum of 5 years after the business relationship ends, after which time it will be destroyed. Where you have consented to us using your details for direct marketing, we will keep such data until you notify us otherwise and/or withdraw your consent.

Lodging A Data Complaint

GIY only processes your personal data in compliance with this privacy notice and in accordance with the relevant data protection law. However, if you wish to raise a complaint regarding the processing of your personal data or if you have any questions about how your personal data is gathered, stored, shared or used, or to exercise any of your data rights, please contact support@giy.ie.

If you are unsatisfied with how we have handled your information, you have the right to lodge a complaint with the supervisory authority:

Data Protection Commission, Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland.

Phone +353 (0761) 104 800 | LoCall 1890 25 22 31 email info@dataprotection.ie

For further information about your rights, please contact the Data Protection Commission.

Disclaimers and Limitations of Liability

General Disclaimer

The Platforms and their content are provided on an “as is” and “as available” basis. You acknowledge having read and understood these terms of use, and any other conditions brought to your attention in the course of your access to, or use of, any platform.

To the maximum extent permitted by law, you expressly agree that:

  1. your use of any platform is at your sole risk;
  2. you are solely responsible for data uploaded or messages sent via the Platform;
  3. except as otherwise expressly agreed in writing, GIY and its associates expressly disclaim any implied or express representations or warranties of any kind relating to the use of the platforms;
  4. without limiting the foregoing, GIY and its Associates assume no responsibility for, and make no warranty or representation:
    • as to the accuracy, currency, completeness, reliability or usefulness of, any information obtained through use of any Platform
    • that confidentiality of information transmitted through any Platform will be maintained;
    • that any Platform will be of merchantable quality, fit for a particular purpose or meet your requirements;
    • that any access to, or use of, any Platform will:
      • not infringe any rights (including intellectual property rights) of any third party;
      • be free of defects, viruses, or anything else that may interfere with or damage the operations of a computer system;
      • be uninterrupted, timely or error-free ;
    1. you must take your own precautions to ensure that whatever you select for your use from any platform is free of defects, viruses or anything else that may interfere with or damage the operations of a computer system; and
    2. GIY and its Associates are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with your use of any platform

    No advice or information, whether oral or written, obtained by you from or through your use of any platform, or otherwise from GIY or its Associates, creates any warranty not expressly made in these Terms of Use.

    Limitation of Liability

    Except as expressly provided in the following sentence, in no event will the aggregate liability of GIY and its associates to you in connection with these terms of use exceed €500. Where any legislation implies in the agreement any term, condition or warranty, and also renders void any provision in a contract which purports to exclude or modify the application or exercise of, or liability under, such term, condition or warranty, such term, condition or warranty will be deemed to be included in these terms of use. However, the aggregate liability of GIY and its Associates for any breach of such term, condition or warranty will be limited, at GIY option, to any one or more of the following: 

      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

    To the maximum extent permitted by law GIY and its Associates exclude all liability to any person for loss or damage of any kind (howsoever caused, including by negligence) arising from or relating in any way to any access to or use of any platform (including liability for any special, indirect, consequential or incidental damages, including, damages for loss of profits or revenues, business interruption, loss of programs or other data or costs of replacement goods, or otherwise, even if same have been expressly advised of the possibility of such loss or damages).

    Indemnity

    You must indemnify and keep indemnified GIY and its Associates and their respective directors, officers, employees and agents from and against any claims, losses, liabilities, costs, expenses (including investigative costs, court costs, legal fees, penalties, fines and interest) and damages of any kind (including those which are prospective or contingent) whatsoever and howsoever, directly or indirectly arising out of or in connection with these terms of use or your use of any platform, including liability arising in connection with your breach of these terms.

    Termination

    GIY may, as it sees fit, for any reason or for no reason at all, without liability to you or any third party, terminate your account or your access to any Platform. If we exercise any such termination right we will send an e-mail to the e-mail address recorded on your Account Page and termination will be effective upon us sending that e-mail (and will be considered effective even if the e-mail is not delivered for any reason).

    You may terminate your account for any reason at any time by sending an email clearly requesting that your account be terminated to support@giy.ie and we will implement your request promptly.

    If your account is terminated, we may, as we see fit, delete any content relating to your use of any Platform on our servers or otherwise in our possession. Immediately upon termination, either by you or us, of your account you will no longer be permitted to use any Registration Features on that Platform.

    Governing Law; Venue and Jurisdiction

    Governing Law

    This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.

    Jurisdiction

    Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

    Effective Date, Amendment and Severability

    These Terms of Use are effective as of 1st January 2021.  GIY may from time to time revise these Terms of Use (including the Privacy Policy) by updating this posting. Where required by law, and provided you have registered with the site, we will send you an e-mail notifying any material changes and if you subscribe for email updates (at the end of this document) we will endeavour to notify you of all changes. Your continued use of any Platform after any such updating means you accept such revisions and any changes to the Privacy Policy will apply both to User Information and Usage Data we already have about you at the time of the change, and any such information created or received after the change takes effect. If you do not agree to any changes, you must not continue to use any Platform.

    In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

    Entire Agreement

    These Terms of Use contain the entire understanding and agreement between you and GIY regarding the Platforms and supersedes all prior and contemporaneous agreements and understandings between us regarding such subject matter.

    How to find out about changes to these terms

    If we make any substantiative changes to these Terms of Use, we will notify all our registered users via the email associated with their account, as well as adding a notification on the site itself.

    These Terms are effective and were last updated on February 3, 2021.

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