Jinga Life Limited – Consumer Terms and Conditions
We may amend these from time to time as set out in this document. Please check to ensure you understand the terms that apply at the time you enter into any transaction with the Company. These Terms were most recently updated 16 April 2018.
1. When the following words with capital letters are used in these Terms, this is what they mean:
1. "Advice" means the advice or other services provided by a Practitioner or the Company to a User through the App or otherwise facilitated by the Company.
2. Affiliates: those persons providing Services or Products through the Company or its App or ordered through the Company or its App, including suppliers and Practitioners and any subcontractors to the Company.
3. App: means the Jinga Life Application, which is currently web based and available through jinga.life. This can also refer to the Jinga Life mobile application, currently in development.
4. Company: Jinga Life Limited, registered in the Republic of Ireland with company number 529029 and registered office at 45 Blackbourne Square, Rathfarnham Gate, Dublin 14.
5. Distance Selling Regulations: EU (Consumer Information, Cancellation and other Rights) Regulations 2013 as implemented under UK and Irish Law.
6. Event Outside Our Control: is defined in clause 8.2.
7. Materials: means any materials, documents, information, intellectual property or other assets belonging to the Company and/or any Affiliate.
8. Online Shop: means the facility provided to Users on the App for ordering and/or purchasing non-pharmaceutical and non-testing Product/s from a third party supplier (not currently available).
9. Practitioner: the medical health practitioner carrying out or providing the Services to include but not limited to a registered general practitioner ("GP"), registered nurse ("Nurse") or registered medical specialist clinician or consultant ("Specialist") registered, as applicable, with the relevant body in the Republic of Ireland.
10. Product: any physical product ordered by you through the Company’s App or which the Company provides to you.
11. Services: any services that the Company provides to you or which you order or access through the Company’s App
12. Terms: the terms and conditions set out in this document including the Schedules.
13. User: means a customer of the Company who makes use of the Services and/or orders or purchases Products via the App.
14. In writing or written: shall include in relation to any communication from the Company or its Affiliates, any email, on-screen alert, on-screen notification, prompt, field or other communication of information to you from the Company or its Affiliates and in relation to any communication from you to the Company shall include any email address provided to you by the Company for such communication.
OUR CONTRACT WITH YOU
1. The Services and Products ordered through the App may be provided to you by the Company or by a third party. These are the terms and conditions on which the Company supplies Services, Products or otherwise contracts with you. If a third party provides a Service or Product through the App, the third party may apply its own terms and conditions to the Service or Product provided by it. Please ensure that you carefully read these Terms and the terms and conditions of any third party which provides a Service or Product through the App.
2. The Schedules to these Terms are part of the contract.
3. The Company does not contract otherwise than on these Terms unless explicitly agreed in writing. If you do not agree with these Terms, you should not use the Company’s App or otherwise order or use any Product or Services from the Company.
CHANGES TO TERMS
1. The Company may revise these Terms from time to time in the following circumstances:
1. changes in how the Company accepts payment from you;
2. changes in relevant laws and regulatory requirements; and
3. where the Company in its discretion deems a revision necessary or desirable and notifies you of such a revision.
2. If the Company makes a revision to these Terms under clause 3.1, the Company will notify you when you next access the App and you will have a right to cancel your contract in accordance with clause 9.3 (c). The then current Terms will apply to any transaction or use and it is your responsibility to ensure that you are content to contract on the then current Terms at the point of any transaction or use.
1. The Company will not be responsible for any delays or lack of performance by it or any of its Affiliates due to an Event Outside Our Control. See clause 8.3 for the Company's responsibilities when an Event Outside Our Control happens.
2. The Company may have to suspend the Services if the Company has to deal with technical problems, or to make improvements to the Services. The Company will use reasonable efforts to minimise such times of suspension but such suspension shall not affect your obligation to pay any subscription or other payment due, provided that such period(s) of suspension do not exceed 30 days in aggregate in any year period.
3. If you do not pay the Company for the Services when you are supposed to as set out in these Terms, the Company may suspend the Services with immediate effect until you have paid the Company the outstanding amounts.
IF THERE IS A PROBLEM WITH THE SERVICES
1. In the unlikely event that there is any defect with the Services:
1. please contact and inform the Company as soon as reasonably possible;
2. please give the Company a reasonable opportunity to repair or fix any defect and/or to contact the relevant Practitioner and request that they carry out the required repair or fix the defect; and
3. the Company will use reasonable efforts to repair or fix the defect as soon as reasonably practicable. However the Company is not responsible for any failure by a Practitioner to repair or fix the defect.
4. You will not have to pay for the Company or Practitioner to repair or fix a defect with the Services under this clause 5.1.
2. As a consumer you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials the Company or Practitioner use are faulty or not as described. Advice about your legal rights is available in the Republic of Ireland from your local Citizens' Information Centre. Nothing in these Terms will affect these statutory rights.
3. The Company values your feedback and, following a consultation, provides you with the opportunity to rate your consultation and to provide additional comments. If you have any complaints, please do not hesitate to get in touch by e-mailing the Company at email@example.com.
PRICE AND PAYMENT
1. The price of the Services or Products will be set out in the Company's App or in the Schedules to these Terms at the time of agreement by the Company to provide the Services and or Products. The Company's prices may change from time to time, but price changes will not affect any Services or Products that you have already ordered.
2. These prices exclude: (i) VAT, where applicable, and unless otherwise stated; and: (ii) reasonable credit card and other processing fees, where these are incurred by the Company.
3. Subject to clause 6.6, the Company will typically charge or invoice you for the Services or Products at the time you order them. Any amounts charged or invoiced are due and payable upon the invoice being issued unless otherwise specified in these Terms or the App.
4. You can pay for Services or Products using a credit or debit card.
5. Payment for the Services and/or Products and all applicable delivery charges is to be made in advance.
6. You understand and acknowledge that subscriptions will automatically renew upon the end of the agreed term, unless you provide a written request to the Company to cancel the subscription at least five working days prior to the end of the relevant subscription period.
7. Subscriptions available within the App are monthly subscriptions, payable up-front in advance. For your convenience, the per-month price will be displayed.
OUR LIABILITY TO YOU
1. If the Company fails to comply with these Terms, the Company is responsible for loss or damage you suffer that is a foreseeable result of the Company's breach of these Terms or the Company's negligence up to a limit of the total fees paid to the company by you,, but the Company is not responsible for any loss or damage that:
1. is not foreseeable. Loss or damage is foreseeable if it is an obvious and direct consequence of our breach or if it is contemplated by you and the Company at the time the Company entered into this contract; or
2. has been caused by a relevant Practitioner (except to the extent such Practitioner is an employee of the Company acting within the scope of their employment), Affiliate, subcontractor or third party. Such Practitioner, Affiliate, subcontractor or third party person shall be solely liable for that loss or damage unless and to the extent that it is caused by the negligence, material breach or wilful default of the Company.
2. Partnership companies are not responsible for any loss or damage that has been caused by the Company, a Practitioner, an Affiliate or subcontractor or third party and the Company or the Practitioner, Affiliate, subcontractor or third party shall be solely liable for that loss or damage.
3. The App is not suitable for managing a medical emergency or acute condition, any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any product or service urgently.
4. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and the Company’s obligations under law as a data controller, the Company is not responsible for any data loss or unauthorised access by other persons, whether a result of unauthorised access, misaddress, technical failure, technical interference, negligence or otherwise. The Company reserves the right to withdraw or delete any information from the App at any time.
5. Except as set out under clause 7.7, the Company:
1. otherwise disclaims all warranties, express or implied;
2. does not warrant that the App, the Company’s servers, or e-mail sent from the Company are free of viruses or other harmful components.
3. will not be liable for any damages of any kind arising from the use of the App, including, but not limited to:
3. will not be liable for any damages of any kind arising from the use of the App, including, but not limited to:
3. punitive; and/or
4. consequential damages.
6. Except in respect of the actions or omissions of the Company or its officers and employees acting within the scope of their employment, the Company does not accept any liability or responsibility for the actions or omissions of any third party, in particular its Affiliates and any Practitioners who are not employees of the Company.
7. The Company only supplies the Products and Services for domestic and private use. You agree not to use the Products and/or Services for any commercial, business or re-sale purpose, and the Company has no liability to you for any:
1. loss of profit;
2. loss of business;
3. business interruption; or
4. loss of business opportunity.
8. The Company does not exclude or limit in any way its liability for:
1. death or personal injury caused by the Company's negligence or the negligence of its employees, agents or subcontractors;
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 12 of the Sales of Goods Acts 1893 and 1980 in the Republic of Ireland (title and quiet possession);
4. breach of the terms implied by sections 13, 14 and 15 of the Sales of Goods Acts 1893 and 1980 in the Republic of Ireland (description, satisfactory quality, fitness for purpose and samples);
5. defective products under the Liability for Defective Products Act 1991 and the European Communities (Liability for Defective Products) Regulations, 2000 in the Republic of Ireland;
6. breach of the terms implied by section 39 of the Sale of Goods and Supply of Services Act 1980 in the Republic of Ireland; or
7. for any other liability which cannot be excluded or limited by applicable law.
9. Without prejudice to clause 7.7 above, the liability of the Company in connection with the Services and any Product whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:
1. The sum total of fees paid by you
2. [€1,000,000] in aggregate otherwise.
10. * This clause is exclusive of our obligations under EU General Data Protection Regulations (GDPR) when they come into force in May 2018.
EVENTS OUTSIDE OUR CONTROL
1. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside Our Control.
2. An Event Outside Our Control means any act or event beyond the Company's reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. For the avoidance of doubt, an Event Outside Our Control includes any action or failure to act by the relevant Practitioner and/or insufficient/variable network connectivity at any time for the User, Company or Practitioner.
3. If an Event Outside Our Control takes place that materially affects the performance of the Company's obligations to you under these Terms:
1. the Company will notify you; and
2. the Company's obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the Company's performance of Services to you, the Company will resume the Services as soon as reasonably possible after the Event Outside Our Control is over.
4. You may cancel the contract immediately if an Event Outside Our Control takes place resulting in a suspension of the Services that continues for longer than 2 weeks and you no longer wish the Company to provide the Services. Please see your cancellation rights under clause 9. The Company may cancel the contract if an Event Outside Our Control continues for longer than 2 weeks.
YOUR RIGHTS TO CANCEL AND APPLICABLE REFUNDS
1. Subject to Clause 9.3, you have the following rights regarding (i) cancellation of the Services (including where you choose to cancel because the Services are affected by an Event Outside Our Control or if the Company change these Terms under clause 3.1 to your disadvantage); and (ii) refunds, where you have made a payment for a:
1. monthly subscription, you may cancel the Services and you shall:
1. be entitled to a refund of your subscription, in whole or in part if you choose to cancel the Services because the Company has changed the Terms to your disadvantage or the Company breaks this contract in any material way and the Company does not correct or fix the situation within 14 business days of you asking the Company to do so in writing;
2. not be entitled to a refund of your subscription, in whole or in part where you choose to cancel because the Services are affected by an Event Outside Our Control
2. non-subscription Service that you request from time to time (including, without limitation, fees for consultations with Specialists), you may cancel such requests by providing reasonable (and, in any case, greater than 24 hours) notice to the Company but you acknowledge and accept that the Company may begin to procure, resource, prepare, organise and/or undertake provision of a Service as soon as you request the Service and, accordingly, any costs the Company has reasonably incurred in procuring, resourcing, preparing, organising or undertaking the relevant Service shall be deducted from any refund that is due to you, and such deduction shall be a minimum of €20 in respect of Services provided in the Republic of Ireland. You shall not be entitled to any refund for any Services that cannot be fulfilled due to your own absence (including, without limitation, for a scheduled consultation), insufficient or variable network connectivity, negligence or other relevant error.
2. Once the Company has begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving the Company written notice if:
1. the Company breaks this contract in any material way and the Company does not correct or fix the situation within 14 business days of you asking the Company to do so in writing;
2. the Company goes into liquidation or a receiver or an administrator is appointed over its assets;
3. the Company changes these Terms under clause 3.1 to your disadvantage;
4. the Company is affected by an Event Outside Our Control in the circumstances set out in clause 8.4.
3. No refund shall be due because of the unavailability of any feature or function of the App that is available to Users free of charge. Nor shall any refund be due because of any temporary interruption in service. You accept by using the App that Practitioners may vary in their opinions and provided any opinion and/or advice and/or recommendation and/or prescription is given in good faith by a relevant Practitioner, no refund shall be due in respect of Services provided.
RIGHT TO CANCEL UNDER DISTANCE SELLING REGULATIONS
1. Under the Distance Selling Regulations, you can also cancel a contract within 14 days without giving any reason. Your legal right to cancel starts from the date of the confirmation email (an acceptance in writing by email from the Company or third party supplier stating that the order is accepted which will form the basis of the contract) which is when the contract between us is concluded. Your cancellation period will expire after 14 days from the day of the conclusion of the contract.
2. You acknowledge that you cannot cancel an order for the supply of digital content or Services which have been fully performed, where we started delivery of the digital content or performance of the Services upon your request.
3. To cancel your order under clause 10 You must inform us (Jinga Life Limited, OfficePods, 6-7 Marine Road, Dun Laoghaire, Co. Dublin, A96 P9H6, email firstname.lastname@example.org) of your decision to cancel this contract by an unequivocal statement (e.g. e-mail or letter). To meet the cancellation deadline, you must send your communication of cancellation before the 14 day period has expired.
4. If your contract is cancelled under clause 10, we will reimburse to you all payments received from you for services or products not received, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
1. The Company may have to cancel a request for Services before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which the Company cannot provide the Services. The Company will promptly notify you if a Service is unavailable.
2. Once the Company has begun to provide the Services to you, the Company may cancel the contract for the Services at any time by providing you with at least 15 calendar days' notice in writing.
3. If the Company has to cancel provision of a Service or the Services under clause 10.1 or clause 10.2 and you have made any payment in advance for the Service or Services that has not been provided to you:
1. in the case of a Service you have requested and paid for via a monthly subscription payment, the Company shall use reasonable endeavours to restore the affected Service per clause 4.2 and no refund of such subscription payment shall be due where the Company has cancelled the Services due to an Event Outside Our Control;
2. in the case of a Service you have requested and paid for via a non-subscription payment, the Company shall refund the individual payment to you;
3. for the avoidance of doubt, in the case of a Service you have requested that ordinarily is available free of charge to Users, you shall not be eligible to receive any refund;
4. for the avoidance of doubt, no refunds shall be payable in the event that a Service that you have requested cannot be provided due to your own absence (including, without limitation, for a scheduled consultation), negligence, failure to provide requested information or other relevant error.
4. The Company may cancel the contract for Services at any time with immediate effect by giving you written notice if:
1. you do not pay the Company when you are supposed to as set out in these Terms; or
2. you break the contract in any other material way and you do not correct or fix the situation within 7 calendar days of the Company asking you to in writing, or sooner if reasonably required.
1. When you use the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices, alerts, prompts, information fields or other information through the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1. You undertake that:
1. all information you give to the Company, its Affiliates and any Practitioner will be accurate and not omit anything of importance;
2. if, following use of the App, you are in any doubt, or have any concerns regarding any information you have received or failed to receive via the Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered GP or suitable healthcare professional not affiliated with the Services and/or shall utilise the emergency services as applicable.
3. you will not register more than once with the App or the Services;
4. subject to clause 16 you will not register on behalf of any other person or answer questions or pretend to be any other person;
5. you will promptly notify the Company if you are aware that any part of your medical record in the App or held by the Company including any tests, prescriptions, imaging, advice given or opinion expressed is incomplete or inaccurate;
1. The content of the Company's website, App and other Materials is protected by copyright, trademarks, database right and other intellectual property rights.
2. You may retrieve and display the content of the Company's App and/or any information stored on or procured through it on a computer or device screen, store such content in electronic form on disk or print copies of such content for your own personal and non-commercial use, provided you keep intact all and any copyright and proprietary notices.
3. Consultations, activity and data inputted in the App may be recorded by the Company and you consent to such recording, storage and subsequent retrieval by the Company. You may view consultation recordings from within the App for your own private purposes (and may show them to any other medical practitioner who is supporting your care) but you acknowledge that all intellectual property rights in these belong to the Company.
4. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content of the Company's App without written permission from the Company. You do not obtain any right in the copyright, design right or any other intellectual property rights in any materials or other documents or items made available to you on the Company's App or through your use of the Services.
5. You shall be entitled to use any such materials, documents or other items as are referred to in paragraphs 13.1 to 13.4 above for personal use and only in connection with the Services but shall not be entitled to copy, edit, alter or disseminate (including but not limited to, distributing or making the materials, documents or other items available on a file-sharing network) any such items (in whole or in part) or use them for any commercial purpose. For the avoidance of doubt, nothing in these Terms restricts you from using your medical information for your own personal use including passing to any other medical practitioner.
6. All content included in the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its content suppliers and protected by national and international copyright laws. The compilation of all content in the App is the exclusive property of the Company. All software used in the App is the property of the Company or its software suppliers and protected by national and international copyright laws.
1. The Jinga Life mark, logo, combined mark and logo and other marks indicated in our App are trademarks of the Company or its affiliates in the Republic of Ireland and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Company or its Affiliates.
LICENSE AND APP USE
1. The Company grants you a limited license to access and make personal use of the App and not to modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. Any unauthorised use terminates the permission or license granted by the Company. You may not use any logo or other proprietary graphic or trademark of the Company or its Affiliates as part of the link without our express written permission.
YOUR USE OF THE COMPANY’S SYSTEMS
1. Persons aged 18 years or older may use the App on their own, via their own account, with payment made using their own credit or debit card.[a] Persons aged 16 years to 18 years may use the App on their own, via their own account, with payment provided by a credit or debit card belonging to a parent, legal guardian or other adult individual who has consented for their credit or debit card to be used for such purposes. Persons under 16 years of age (a “Minor”) may have their account opened by a parent or legal guardian on their behalf but (i) the Minor’s account shall be accessible only by switching profiles within the adult’s account to which it is attached; and (ii) the Minor may use the App and the Services only with the express permission and ongoing presence and supervision of the parent or legal guardian. The Company and its Affiliates reserve the right to refuse to provide Services and/or Products, terminate accounts, or remove or edit content where they have a reasonably held suspicion that a Minor is using the App and/or the Services contrary to the provisions of this clause 16.
1. The Company reserves the right to deny any person (inclusive of any User) access to the App and/or its Services and Products in the event that the person is abusive or inappropriate to any Practitioner or any employee or agent of the Company. Inappropriate use includes, without limitation: (i) inappropriate, abusive, offensive behaviour or remarks; or (ii) ‘time-wasting’; or (iii) excessive use of a Service or Services in the reasonable opinion of the Company and/or relative to typical usage patterns in the reasonable opinion of the Company. In the event of inappropriate or abusive use, the Company reserves the right to terminate provision of Services or Products and use of the App (including deletion of the User’s account and information) immediately upon notice.
1. The Company and its Affiliates attempt to be as accurate as possible in their description of the Services. However, the Company does not warrant that descriptions of services or other content of the App is accurate, complete, reliable, current, or error-free. The Company provides links to other sites and maintains feeds from external data providers over which the Company has no control. The Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
1. If any dispute arises in connection with these Terms, the parties will attempt to resolve the dispute between the parties. If the dispute is not resolved within 60 days of the initial notification of a dispute by either party, the parties will attempt to settle it by way of mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR Ireland. To initiate the mediation either the Company will give you or you must give us notice in writing with an Alternative Dispute Resolution notice, (ADR notice) requesting a mediation. A copy of the request should be sent to CEDR Ireland. The mediation will start not later than 60 days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation for a period of 30 days after the mediation has started.
2. Following mediation under this clause 19, in the event that any dispute remains unresolved relating in any way to your use of the App, that dispute shall be submitted to confidential arbitration in London or Dublin following the CEDR rules specifying English or Irish law and one arbiter. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
APP POLICIES, MODIFICATION, AND SEVERABILITY
1. We reserve the right to make changes to our App at any time and, subject to clause 10.3, to withdraw any Service by providing you with reasonable notice.
2. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
INFORMATION ABOUT THE COMPANY AND HOW TO CONTACT THE COMPANY
1. The Company is a limited company registered in the Republic of Ireland. The company registration number is 529029 and the registered office is at 45 Blackbourne Square, Rathfarnham Gate, Dublin 14. The Company operates the website www.jinga.life. The main trading address of the Company is OfficePods, 6-7 Marine Road, Dun Laoghaire, Co. Dublin, A96 P9H6.
2. If you have any questions or if you have any complaints, please contact the Company. You can contact the Company by e-mailing email@example.com.
3. If you wish to contact the Company in writing, or if any clause in these Terms requires you to give the Company notice in writing (for example, to cancel the contract), you can send this to the Company by e-mail, by hand, or by pre-paid post to OfficePods, 6-7 Marine Road, Dun Laoghaire, Co. Dublin, A96 P9H6. The Company will confirm receipt of this by contacting you in writing. If the Company has to contact you or give you notice in writing, the Company will do so by e-mail, by hand, in writing or by pre-paid post to the address you provide to the Company upon agreement by the Company to provide the Services.
HOW THE COMPANY MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
1. The Company may transfer its rights and obligations under these Terms to another organisation, and the Company will always notify you in writing if this happens, but this will not affect your rights or the Company's obligations under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if the Company agrees in writing.
3. Notwithstanding that this contract has a number of Schedules which may apply to one or more of the particular Services or Products supplied by the Company, they are one set of terms and may only be accepted or declined in full.
4. The Terms are the terms of the contract between you and the Company. No other person shall have any rights to enforce any of the Terms. The Company may enforce the Terms on behalf of Affiliates.
5. If an Affiliate which is a third party provides a Service or Product through the App, such third party may apply its terms and conditions to the Service or Product provided by it and such terms and conditions will form the basis of a contract between you and the third party.
6. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
7. If the Company fails to insist that you perform any of your obligations under these Terms, or if the Company does not enforce its rights against you, or if the Company delays in doing so, that will not mean that the Company has waived its rights against you and will not mean that you do not have to comply with those obligations. If the Company does waive a default by you, the Company will only do so in writing, and that will not mean that the Company will automatically waive any later default by you.
8. These terms and conditions are governed by and construed in accordance with the laws of the Republic of Ireland.
9. You and the Company both agree to submit to the non-exclusive jurisdiction of the Irish courts.