Gymlockr's legal notices.
Updated August 2008
Legal Notices
WEBSITE TERMS OF USE ("Terms of Use")
1 Introduction
Welcome to http://www.gymlockr.ie/ a new search engine for finding and comparing health & fitness providers. It gives you the opportunity to search for, find and contact health & fitness services provided by health & fitness providers
http://www.gymlockr.ie/ and the facilities, services and materials available thereon (the "Website") is owned and operated by Gymlockr.ie trading as www.gymlockr.ie ("www.gymlockr.ie") For the purpose of these terms and conditions "we", "our" and "us" refers to www.gymlockr.ie.
2 IMPORTANT NOTICE
www.gymlockr.ie IS NOT INVOLVED IN THE PROVISION OF ANY health & fitness OR health & fitness ADVICE OR DIAGNOSIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS INTENDED AS A GUIDE ONLY AND SHOULD NOT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL health & fitness ADVICE. THE WEBSITE IS AN INFORMATION SERVICE THAT DISPLAYS INFORMATION ON health & fitness providerS THAT HAS BEEN GATHERED FROM THE health & fitness PROVIDER OR THE INTERNET. WE DO NOT SCREEN OR VALIDATE ANY CONTENT POSTED BY health & fitness PROVIDERS, NOR DO WE ENDORSE ANY PARTICULAR health & fitness PROVIDER. IF YOU DECIDE TO ENGAGE A health & fitness PROVIDER TO PROVIDE health & fitness SERVICES TO YOU, YOU DO SO AT YOUR OWN RISK. WE WOULD RECOMMEND THAT YOU UNDERTAKE YOUR OWN RESEARCH INTO ANY health & fitness PROVIDER LISTED ON THE WEBSITE AND THAT YOU SHOULD CONSULT WITH YOUR DOCTOR OR PRIMARY health & fitness PROVIDER BEFORE ENGAGING ANY health & fitness PROVIDER FROM THIS WEBSITE. YOU SHOULD BE AWARE THAT THE RESULTS OF ANY SEARCH YOU PERFORM ON THE WEBSITE FOR health & fitness PROVIDERS SHOULD NOT BE CONSTRUED AS ENDORSEMENT BY www.gymlockr.ie OF ANY PARTICULAR health & fitness PROVIDER OR CONSTITUTING ANY COMPARATIVE RANKING OF health & fitness PROVIDERS.
3 Services we do not provide
3.1 www.gymlockr.ie is not a health & fitness referral service and does not endorse, recommend, or approve any health & fitness Provider listed in the Website. We are not health & fitness professionals nor do we hold ourselves out to be health & fitness professionals and will not discuss or advise on any issues relating to health & fitness treatment with Clients or health & fitness Providers.
3.2 www.gymlockr.ie is not involved in any transaction between you and health & fitness Providers who use this Website. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of health & fitness Providers to fulfil their obligations in any transactions.
3.3 As we cannot control the information provided by health & fitness Providers or information sourced by www.gymlockr.ie from the Internet that are made available through this Website, www.gymlockr.ie does not guarantee or endorse the authenticity, quality, safety or legality of any health & fitness Provider or the services provided or purported to be provided by the health & fitness Providers, the accuracy of any listings or health & fitness Provider data we may provide to you, or the ability of health & fitness Providers to complete a transaction.
3.4 If you choose a health & fitness Provider to provide health & fitness Services and indicate your decision to arrange a quotation with that health & fitness Provider to us via the Website, then we will inform the health & fitness provider of your choice. If the health & fitness Provider then decides that it wants to provide the relevant health & fitness Services to you, they will contact you directlyand you will complete the contract for the provision of health & fitness Services with the health & fitness Provider directly.
3.5 If you choose to use the website service to text a phone number to a mobile phone then your name and phone number will be recorded and made available to the health & fitness provider.
Services we provide
4.1 www.gymlockr.ie is a search engine for individuals seeking to access health & fitness services ("Clients," "Your" or "You") and health & fitness providers situated around the world, be they individual health & fitness practitioners, hospitals, health & fitness providers, travel agencies (together the "health & fitness Providers") who want to provide health & fitness services. www.gymlockr.ie facilities introductions between Clients and health & fitness Providers through the Website. For the purpose of these Terms of Use, "health & fitness Services"means the health & fitness service or services that the health & fitness Provider is legally permitted to provide to a Client.
4.2 www.gymlockr.ie gathers information from various worldwide health & fitness Providers about their facilities and services as well as from a large number of publically available websites. You can access this information via the website. This information should assist you in making a decision on choosing your preferred health & fitness provider by conducting your own research into such health & fitness Providers. If you choose a health & fitness Provider to provide health & fitness Services, then we will facilitate contact between you and the health & fitness provider, by providing your information to the health & fitness Provider (the "Website Service") or providing you with the contract information of the health & fitness Provider.
4.3You may simply wish to browse through the Website to see what www.gymlockr.ie has to offer. If this is the case, then only some of the provisions of these Terms of Use will be applicable to your use of the Website and other provisions will not be relevant.
5 CONTENT POLICY
5.1 www.gymlockr.ie acts as a passive conduit for the online distribution and publication of information submitted through the Website, and has no obligation to screen content or information in advance and is not responsible for screening or monitoring material posted by you or health & fitness Providers. You are solely responsible for the content and information you provide to us to be published on the Website through our data entry forms or otherwise. We reserve the right to edit or remove your content if we believe it is untrue or that it may create liability for us.
5.2 You acknowledge we may publish your reviews of health & fitness Providers or the health & fitness Services provided to you by health & fitness Providers either on the Website or on associated or linked websites and you consent to the unrestricted publication of such reviews. When posting a review if a health & fitness Provider to www.gymlockr.ie you to abide by current review policies which include:
· Review cannot be libellous
· Review must be family friendly (no profanity, etc.)
· No hearsay. You cannot make a statement about what someone else has said.
· No personal insults
· No reports of criminal activity (these must be reported to the proper authority)
· Commercial information of any kind including email address or phone numbers
· Content not relevant to other potential customers
· Review must use standard email etiquette (not all CAPS, no HTML, etc.)
· We may choose to reject reviews where we cannot contact you by email or phone
6 AGE AND RESPONSIBILITY
You should note that the Website Service is only available to, and may only be used by individuals who are legally entitled to form such contracts under law in the jurisdiction in which they reside. If you are under the age of eighteen, you should not access and or use this Website or the Website Services. By accessing and using this Website, you warrant that you are over the age of eighteen.
7 DATA PROTECTION
7.1 For the purpose of these Terms of Use "Data"means all electronic data or information (including personal data as defined in the Data Protection Acts, 1988 and 2003 (the "DP Acts") submitted by you onto the Website and transferred by www.gymlockr.ie to the health & fitness Provider, the processing of which is necessary to conclude the contract between you and the health & fitness Provider. You recognise and acknowledge that in order to facilitate the provision of health & fitness Services to you, we will need to provide certain of your personal information, including any health & fitness information you provide us with, to health & fitness Providers who you wish to arrange a consultation with. You explicitly consent to the transfer and disclosure of your personal information to these health & fitness Providers even where such health & fitness Providers are based in countries where protections for personal data are not as strong as those in Ireland under the DP Acts or in the European Union generally. We may also use your contact details, including your phone number and email address, to contact you from time to time to update you as to progress in relation to your consultation with a health & fitness Provider and other matters concerning the Website Services. You consent to us contacting you in this regard.
7.2 www.gymlockr.ie endeavours to protect your privacy and the privacy of others who access the Website and use its facilities. For full details of the manner in which www.gymlockr.ie uses cookies, the type of information we collect, how we use it and further details concerning the circumstances upon which we disclose information, please read the Privacy Statement which is hereby incorporated in to and forms part of these Terms of Use.
7.3 www.gymlockr.ie operates servers outsider of the European Economic Area therefore you hereby agree to the transfer of personal data outside the European Economic Area. By using this website to www.gymlockr.ie holding and processing, both electronically and manually, personal data about you (including sensitive personal data as defined in the Data Protection Acts 1988-2003) for the operations, management, security and administration of the www.gymlockr.ie and complying with applicable laws, regulations and procedures, including transfer of personal data outside the European Economic Area.
8 Provision of Information
8.1 If you wish to arrange a consultation with a health & fitness provider, then you will be asked to provide certain information including details such as your contact details (phone number and email address), age and gender and some health & fitness information to allow us to present your data to health & fitness Providers who may be interested in providing health & fitness Services to you. You warrant and undertake that it is information provided by you is up-to-date, accurate in all material respects, not the confidential property of others or in violation of any other third party's rights, and is sufficient for us to facilitate the Website Services. Although www.gymlockr.ie endeavours at all times to respect your privacy you should not provide any information that may cause you personal damage if made public
8.2 Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the internet and will not be liable to you or anyone else for any damages or other loss incurred in connection with any information sent by you to us or to a health & fitness Provider or any information sent by us, a health & fitness Provider or any third party to you over the internet.
9 SUSPENSION/TERMINATION
www.gymlockr.ie may at any time, without notice to you, suspend or terminate your access to this Website, or any service forming part of this Website, wholly or partially for any reason, including without limitation, where you have provided false or misleading information, or you are in breach of these Terms of Use, or if www.gymlockr.ie cannot verify or authenticate any information submitted to the Website. www.gymlockr.ie is not liable to you or any third party for any suspension or termination of access to this Website.
10 USE OF WEBSITE
10.1 You agree not to use this Website or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms of Use including but not limited to:
10.1.1 For any commercial puspose including but not limited to creating, checking, confirming, updating or amending your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists
10.1.2 any purpose that is fraudulent, unlawful or prohibited by these Terms of Use;
10.1.3 copying, modifying, transmitting, displaying, distributing, performing, reproducing, licensing, publishing, creating derivative works from, transferring or selling any information, software, products and services contained on or forming part of this Website, or otherwise using such content of the Website for resale, redistribution or for any other commercial use whatsoever including but not limited to any surveys, contests or pyramid schemes;
10.1.4 accessing or using the Website in and from jurisdictions which restricts or prohibits same by local law;
10.1.5 accessing or using the Website in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the Website or interfere with any other party's use and/or enjoyment of the Website;
10.1.6 posting or transmitting (whether on a bulletin board, forum or otherwise) to or from the Website any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law;
10.1.7 transmitting material which may cause harm to www.gymlockr.ie's or any other party's computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer's functionality or the operation of the Website;
10.1.8 harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam, junk email or chain letters;
10.1.9 accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
10.1.10 attempting to gain unauthorised access to the Website, or any computer systems and networks connected to any www.gymlockr.ie website, through hacking, password miming or any other means; or
10.1.11 harvesting or otherwise collecting by any means any program material or information (including without limitation email address or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of www.gymlockr.ie.
10.2 The pages contained in this Website may contain technical inaccuracies and typographical errors. The information on this Website may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date nor any liability for any failure to do so.
10.3 www.gymlockr.ie reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms of Use, including but not limited to removal of your postings and content from this Website, and restricting your ability to access this Website and use the Website Services.
10.4 The opinions expressed on the bulletin board or evaluation forums are not those of www.gymlockr.ie. Any statements, advice and opinions made by users of evaluation forms or bulletin boards are those of the user or a health & fitness Provider only. Where you post any statements, advice and opinions to a bulletin board or evaluation form, you accept responsibility for all such content and www.gymlockr.ie neither endorses nor shall be held responsible for the reliability or accuracy of such content. You agree to indemnify www.gymlockr.ie against any loss, damage or expense incurred by www.gymlockr.ie arising out of your misuse of the Website (including any bulletin boards or evaluation forms) and the Website Services or any information accessible through the Website.
11 COPYRIGHT NOTICE AND LIMITED LICENCE
11.1 The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, get-up, business names, domain names, rights in good will, know-how, designs and rights in designs, trade names and logos (whether registered or unregistered) (the "Materials") contained in this Website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws and are also protected under national laws and international treaties. www.gymlockr.ie and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials.
11.2 Any other use of the Materials on this Website, including any form of copying or reproduction, modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of www.gymlockr.ie is strictly prohibited and is a violation of the proprietary rights of www.gymlockr.ie. Other than as expressly provided herein nothing in these Terms of Use should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of www.gymlockr.ie, its licensors or any third party.
11.3 You agree to grant www.gymlockr.ie a non-exclusive, royalty free, world-wide, transferable perpetual licence with the right to sub-licence, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Materials and other information (including without limitation ideas contained therein for new or improved services) you submit to the Website either during the registration process or otherwise, including any information or materials you post to a bulletin board or evaluation forum on the website. .
12 DISCLAIMERS
12.1 This clause limits www.gymlockr.ie's legal liability to you for your access to and use of the Website. You should read this clause carefully. You acknowledge that you have agreed to these Terms of Use relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract.
12.2 THE WEBSITE IS AVAILABLE TO ALL USERS "AS IS" AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
www.gymlockr.ie MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICES OR MATERIALS AVAILABLE ON THE WEBSITE (INCLUDING WITHOUT LIMITATION, THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE).
ALL INFORMATION PROVIDED ON THE WEBSITE IS INTENDED AS A GUIDE ONLY AND SHOULD NOT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL health & fitness ADVICE AND www.gymlockr.ie MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS AS TO THE ACCURACY OF ANY INFORMATION PROVIDED ON THIS WEBSITE.
www.gymlockr.ie MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, www.gymlockr.ie ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF www.gymlockr.ie, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE WEBSITE.
ALL USE BY YOU OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES, SERVICE, MATERIALS OR PRODUCTS PROVIDED ON THE WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THE WEBSITE. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, www.gymlockr.ie AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO www.gymlockr.ie WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM www.gymlockr.ie SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
12.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, www.gymlockr.ie ASSUMES NO RESPONSIBILITY NOR DO WE GRANT ANY WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE OPERATION, SAFETY, CONDITION OR SERVICE OF THE health & fitness PROFESSIONAL OR ANY DOCTOR OR ANY OTHER PERSON ASSOCIATED WITH THE health & fitness PROVIDER THAT IS USED BY, FOR OR ON BEHALF OF, YOU. www.gymlockr.ie IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS,. REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF THE health & fitness PROVIDER OR ANY DOCTOR OR ANY OTHER PERSONS ASSOCIATED WIT THE health & fitness PROVIDER OR FOR LOSS, DAMAGES OR EXPENSES RESULTING THEREFROM.
13 LIMITATION OF LIABILITY
13.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER www.gymlockr.ie NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY FACILITIES, SERVICES AND THE WEBSITE SERVICE OFFERED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE INCLUDING FOR THE AVOIDANCE OF DOUBT YOUR TRANSACTIONS WITH health & fitness PROVIDERS OR health & fitness SERVICES FACILITATED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF www.gymlockr.ie HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
13.2 IN NO EVENT SHALL www.gymlockr.ie NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY health & fitness PROVIDER OR THIRD PARTY OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
13.3 Without limiting the foregoing, under no circumstances shall www.gymlockr.ie nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the Website or the Website Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third party.
13.4 www.gymlockr.ie does not exclude liability for death or personal injury caused by its negligence or that of its employees or authorised representatives or for fraud.
14 INDEMNITY
You agree to defend, indemnify and keep indemnified and hold www.gymlockr.ie and (as applicable) its officers, directors, employees, affiliates or other representatives harmless against any and all claims, proceedings, actions, costs (including legal costs), charges, expenses, damages, liability, losses and demands made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of this Website, including but not limited to posting content on this Website, entering into transactions with health & fitness Providers, contacting others as a result of their postings on this Website, infringing any third party intellectual property or other rights, or otherwise arising out of your breach or any breach of these Terms of Use.
15 LINKS TO THIRD PARTY WEBSITES
This Website contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to any other website through this Website is at your own risk. www.gymlockr.ie is not responsible or liable for the accuracy of any information, data, opinions, statements made on third party websites or the security of any link or communication with those websites. www.gymlockr.ie reserves the right to terminate a link to a third party website at any time. The fact that www.gymlockr.ie provides a link to a third party website does not mean that www.gymlockr.ie endorses, authorises or sponsors that website, nor does it mean that www.gymlockr.ie is affiliated with the third party websites, owners or sponsors. www.gymlockr.ie provides these links merely as a convenience for those who use this Website.
16 AVAILABILITY
16.1 Although www.gymlockr.ie endeavours to ensure the Website is available at all times, there may be occasions when access to the Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that www.gymlockr.ie shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
16.2 You have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.
17 CHANGES IN THESE TERMS OF USE
www.gymlockr.ie may modify or terminate any services offered through this Website from time to time, for any reason and without notice, and without liability to you, any other Client or any third party. www.gymlockr.ie reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of this Website including these Terms of Use at its sole discretion from time to time. You should check these Terms of Use for any changes each time you access this Website. Your continued use of the Website and/or clicking on the "I accept" button will signify your acceptance of revised Terms of Use.
18 JURISDICTION AND GOVERNING LAW
18.1 This Website is controlled and operated by www.gymlockr.ie from Ireland. www.gymlockr.ie does not make any representation that the facilities, services (including the Website Service) and/or Materials offered through this Website are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Website, facilities, services (including the Website Service) and/or Materials offered through this Website or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise), this Website, the facilities, services and/or Materials offered through this Website or any part of them are not directed at you.
18.2 These Terms of Use shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of www.gymlockr.ie and without prejudice to the right of www.gymlockr.ie to take proceedings in relation to these Terms of Use before any court of competent jurisdiction, that courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use, or for such purposes you irrevocably submit to the jurisdiction of such courts.
18.3 The language of any dispute resolution procedure or any proceedings under these Terms of Use will be English.
19 MISCELLANEOUS
Any waiver of any provision of these Terms of Use must be in writing signed by www.gymlockr.ie to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. Each of the provisions of these Terms of Use is separate and severable and enforceable accordingly and if at any time any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Nothing in these terms of use shall constitute, or be deemed to constitute, a partnership between you and www.gymlockr.ie, nor shall either party be deemed to be the agent of the other party. These Terms of Use represent the entire understanding and agreement between you and www.gymlockr.ie relating to use of this Website, its facilities and/or services (including the Website Service) and supersede any and all prior statements, understandings and agreements.
