Terms & Conditions

MEMBER AGREEMENT of imua.ie (IMUA IRELAND Ltd)

1. Introduction

1.1 This website https://www.imua.ie (the Site) is operated by Imua Ireland Ltd, registration number 655314 at 69 ESKER WOOD DRIVE LUCAN CO. DUBLIN, Ireland. In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Imua Ireland Ltd. References to “you” are to you where you have registered as a member (“Member”).

1.2 If you register to participate on this Site as a Member, you are agreeing to be bound by the terms and conditions contained in this “Member Agreement” and:

(a) the Imua Website Terms and Conditions; and

(b) any other laws or regulations that apply to this Site, whenever you use the Services made available on the Site.

1.3 Please take time to read these terms and conditions and make sure you understand them. If you do not accept the terms and conditions of this Member Agreement you must refrain from using this Site. Your use of the Site as a Member is deemed to signify your acceptance of an agreement to be bound by the Member Agreement.

1.4 Imua Ireland Ltd reserve the right to retract or withdraw any electronic notifications at its sole discretion as per our terms and conditions.

2. Amendment

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the same being made by us. Your continued use of the Site represents an agreement by you to be bound by the terms and conditions as amended.

YOUR MEMBERSHIP

3. Using the Site

3.1 We make the following services available to you through the Site (the “Services”):

a) listing services provided by you (in which case you will be deemed to be a “Service Provider”);

b) viewing and making booking requests (in which case you will be deemed to be a “Enquirer”);

c) buying products or tickets (in which case you will be deemed to be a “Customer”); and

3.2 You must register your correct details with us to become a Member. Only a member may use the Services on this Site. Registration is free and does not obligate you to purchase anything.

4. Eligibility

4.1 Registration as a user of the Site (“Member”) is available only to individuals aged 16 years old and over, who are not an undischarged bankrupt. By using the Site, you warrant that you satisfy these conditions.

4.2 If you act on behalf of a company, trust, or group of persons, you acknowledge that you must register to use this Site in your own name and agree to be held personally liable in the event of any non-performance or breach of the terms and conditions of this Member Agreement.

4.3 If you breach any of these terms and conditions, we may (at our discretion) cancel or suspend your registration on a temporary or permanent basis (including all associated secondary and re-registered membership accounts) and/or claim damages against you (and you may be liable to pay damages to an aggrieved Vendor or Purchaser as applicable). Breaches may include, without limitation, where you:

a. give information that is untrue, misleading, inaccurate or incomplete; or

b. have engaged in any form of bid manipulation

C. engage in any form of harassment on our site..

4.4 We reserve the right, acting in our sole discretion and without giving reason, to refuse, suspend or revoke any registration at any time.

5 . Log On Details

5.1 Upon completion of your Registration you will be provided with Log On Details (Member Name and Password). You must not share your Log On Details with any third party and must ensure that you log off from the Site after each use. You agree to notify us immediately if you become aware or have reasonable grounds to believe that your Username or Password has been compromised.

5.2 You understand that you will be held liable for any action taken by any person who has accessed the Site using your Log On Details, as if you had undertaken those actions yourself.

6. Your Conduct

6.1 While using the Services or any information made available on this Site, you warrant that you will:

a) abide by the terms and conditions of this Member Agreement;

b) not use the Site for illegal purposes, including without limitation, posting to the Site information encouraging conduct that would constitute a criminal offence;

c) not use the Site to engage in misleading or deceptive conduct, including on-line marketing practices and not provide false or misleading information to us or any third party;

d) not use any feature of the Site to send unsolicited commercial emails to Members of the Site, whether individually or as a group;

e) not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without our prior written consent;

f) not use anything on the Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with our business;

g) not post to the Site or otherwise propagate material of any kind that contains computer worms, viruses or other types of malicious or harmful programs;

h) not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;

i) not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Site; and

j) not use the Site in relation to the actual or proposed sale or transportation of any illegal or prohibited goods.

7. Feedback

7.1 You acknowledge that we may in the future operate a Member feedback system on the Site upon which Members of the Site may post comments, compliments, criticisms and other observations regarding Customers and Service Providers. You agree that we are not responsible for any content appearing on the feedback pages of the Site and that you will not:

a) post any comments that are dishonest, unlawful, harmful, unfair, unreasonable or cannot be substantiated;

b) impersonate any other person when posting material to the Site;

c) post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise reasonably objectionable; or

d) disrupt the flow of dialogue or otherwise act in a manner which negatively effects other Members of the Site.

7.2 We reserve the right to remove or refuse to post any information and/or materials (in whole or in part) that we, in our sole and absolute discretion, regard to be in breach of these terms and conditions, or in violation of any applicable law, without notice to you.

7.3 You acknowledge and agree that any information or material submitted by you to the Site for inclusion in the Member feedback system is, and will be treated by us as, non-confidential and non-proprietary and that we may use such material without restriction (without your claim to any copyright), including but not limited to for the purposes of advertising our business.

8. Requesting a Booking

8.1 When requesting a booking, you agree that you:

a) must rely solely on your own enquiries and investigations;

b) have not relied on any statement or representation made by us.

8.2 We do not:

a) make any warranty or representation, express, implied or inferred, relating to the quality, standard or suitability of any services listed on this Site;

b) endorse or recommend any Service Provider;

10. Payment Methods – Customers

10.1 The following payment methods are accepted:

a) Credit/Debit Card (Visa, MasterCard).

b) Transactions processed through the Site.

12. Appointment

12.1 By listing any products or tickets on this Site you are authorising Imua Ireland Ltd to act as your exclusive agent to list and sell the products or tickets and, in the case where product or ticket sold through Imua Ireland Ltd.

13. Exclusivity

You understand that by listing any product(s) or ticket(s) for sale on the Site, you are restricted from listing that product(s) or ticket(s) for sale elsewhere.

14. Warranties

When listing products or event tickets, you warrant that:

a) you are the legal owner of the products or tickets or are legally authorised to list the products or tickets for Sale;

b) you have good title to the products or tickets and the Customer will obtain quiet possession on completion of the Customer’s obligations under this Member Agreement;

c) the description and other information in respect of the product(s) or tickets(s) listed in advertisements and on this Site are true and correct in all respects.

15. Subscription Fee

a. You agree that a subscription fee in the amount set out below (“Subscription Fee”) shall apply to any service provider listed on the Site and that, without exception, no Service Provider shall be listed until such SubscriptionFee has been paid by the Service Provider to us in full.

Any subscription fee once submitted is not refundable. Subscription Fee quoted is based on the Country the service appears in.

Subscription Fee options (including VAT):

€10 per month

€30 per 3 months

€100 per year

b. The following payment methods for Vendors are accepted:

i) Credit/Debit Card (Visa, MasterCard).

ii) Processed through the Stripe.

LIABILITY, INDEMNITY, RELEASE AND EXCLUSIONS

15. Liability

To the extent permitted by law the aggregate of our liability to you is limited to an amount not exceeding €1,000.00 (one thousand). Under no circumstances shall we be liable for any indirect or consequential losses.

16. Indemnity

You agree to indemnify us and hold us harmless for and against all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) incurred or suffered by us arising out of, caused by, attributable to or resulting from:

a. any act or omission by you;

b. your negligence; or

c. your non-compliance with this Member Agreement.

17. Release

To the extent permitted by the law, you agree to release, us and our current and former officers, employees and agents from all liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) which you may incur or suffer arising out of, caused by, attributable to or resulting from:

a. us performing any obligation or enforcing any right under the Member Agreement;

b. the act or omission of any Customer, Service Provider or third party Member of the Site; and

c. the provision of the Services by us.

18. Exclusions

18.1 To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under this Member Agreement.

18.2 Despite the above, nothing contained in this Member Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Irish Consumer Laws or any international consumer protection legislation, provided that, to the extent that such law permits us to limit our liability, then our liability is limited to supplying the Services again or payment of the cost of having the Services supplied again.

DISPUTES

19. Hair and Beauty Directory:

19.1:  Imua Ireland Ltd provides these services to listing parties, we are not responsible for errors or omissions in listings what so ever, all listings are the sole responsibility of the Service Provider. Questions, searches and financial arrangements are made directly through the listing party and are not the function or responsibility of Imua Ireland Ltd Fees for listing on Hair and Beauty Directory.

GENERAL

20. Personal Information and intellectual property

20.1 You consent and authorise us to:

a. Collect and use your personal information as defined under GDPR regulations Article 8 2018 for the provision of the Services;

b. unless otherwise advised, we may use your personal information for promotional, marketing, publicity, research and profiling purposes including publishing your full name and business name (if applicable), along with the price, details and attached media on the Site or such other places as we reasonably determine.

c. All materials provided to us may (as part of our commercial business practices) form part of our copyright materials and you (as a member) agree to this use, providing us with a perpetual irrevocable licence to use all materials from you, for our commercial business needs.

21. Force Majeure

We are not responsible for any loss arising out of any occurrences or conditions beyond our control, including but not limited to any flood, war, terrorism, earthquake, act of god, general strike or any other event or thing outside either party’s control including any change in itinerary or schedule which precludes us from performing our obligations under the Member Agreement.

22. Survival

Any indemnity or any obligation of confidence under the Member Agreement is independent and survives termination of the Member Agreement. Any other term by its nature intended to survive termination of the Member Agreement survives termination of the Member Agreement.

23. Severability

Part or all of any clause of this Member Agreement that is illegal or unenforceable will be severed and the remaining terms and conditions will continue in force.

24. Waiver

A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

46. Governing Law

These Member Agreement are governed by the laws applicable in the Republic of Ireland all parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state and country.

TERMS OF BUSINESS – Service Providers

General Terms & Conditions in respect of Membership and Advertising with Imua Ireland Ltd for the advertising of Hair and Beauty Service Providers and Courses in a listing capacity

Issue Date: 20th of October 2019

These Terms & Conditions together with our other legal policies govern your use of the imua.ie website and your membership or advertising account with Imua Ireland Ltd and your relationship with Imua Ireland Limited (“the Company”, “we” or “us”) as the proprietor and promoter of the imua.ie. Please read them carefully as they affect your rights and liabilities under the law. If you have any questions on the Terms & Conditions or our other legal policies, please contact us. By visiting the imua.ie site and again each time you do so, you agree you are accepting these terms and conditions and our other legal policies and any amendments thereof from time to time.

1. Imua.ie

1.1 imua.ie is a web portal based scheme initiated and currently operated by Imua Ireland as a platform primarily for the advertising for Hair and Beauty professionals, services, and courses.

1.2 As a prospective promotor of hair and beauty services you may apply to be registered to participate by way of posting advertising data on the imua.ie Site in any of the following capacities:

(1) Member

(2) Such other forms or categories of use or participation as we may from time to time determine and prescribe.

1.3 The principal characteristics and incidents of each type of participation including inter alia details re permitted duration of display of advertisements, charges etc shall be as displayed on the imua.ie Site and may be reviewed from time to time. Each type of participation shall be subject to strict compliance by the participant with the Imua.ie Code of Conduct and these Terms and Conditions and our other legal policies, as may be revised from time to time.

2. Registration as a Member of the Imua.ie

and/or to use the Site

2.1 No application by you for registration as a member, advertiser or otherwise will be deemed to be accepted by us unless and until we formally accept your application in writing. Acceptance is at our sole discretion and may be refused by us.

2.2 To be registered to participate in the Site you must:-

2.2.1 be over sixteen years of age in the case of an individual, or in the case of a partnership or other grouping of individuals, be each over sixteen years of age, and have full legal full capacity to enter into and comply with these Terms & Conditions;

2.2.2 in the case of a body corporate be duly incorporated and of good standing in the country of incorporation, and have full capacity to enter into and comply with these Terms & Conditions;

2.2.3 have duly completed the prescribed application for registration or renewal of registration as appropriate and made payment of the prescribed fee and the application must have been duly accepted by us;

2.2.4 provide us with and at all times maintain a valid working e/mail address at your business location or principal private residence as registered for the time being with us.

2.3 You irrevocably authorise us to contact you and communicate with you and to forward such information or documentation as we may deem fit or require to you at your email address or other addresses provided by you; if more than one address is provided, we may use any one or more of the addresses at our sole discretion. Where the registered member/advertiser comprises more than one person you agree that the notice and sending of information by us to any one person shall be deemed to constitute the sending of notice and information to all persons comprising the member or advertiser as the case may be.

2.4 You must ensure that the data provided by you on registration or at any time and as shown or recorded by us is correct up to date and complete.

2.5 You must inform us in writing immediately of any changes to any information that you provided when registering or at any time to ensure that any information remains accurate and up-to-date.

2.6 All data must be supplied by you in such format and in accordance with such specifications as we may advise (or vary) from time to time.

3. Password & Security

3.1 When you register to use imua.ie Site you may be assigned a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting us immediately.

3.2 If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your membership of and/or advertising account with Imua Ireland Ltd and your access to the imua.ie Site.

4. Application of Terms and Conditions and Code

4.1 The imua.ie Site is provided to you for use by you, as a registered participant, for advertising Hair and Beauty Services, Professionals and Courses and is subject to these Terms & Conditions and the Imua Ireland Ltd Code and our other legal policies from time to time as shown on the imua.ie Site or otherwise notified to you.

4.2 By applying for registration as a participant and again by using the Site and on each occasion you access or use the Site in any capacity you agree to be bound by these Terms & Conditions, the Imua Ireland Ltd Code of Conduct and our other legal policies from time to time.

4.3 As a condition of participation with the imua.ie Site you agree in particular at all times to comply with and be bound by the Imua Ireland Ltd Code of Conduct.

4.4 Amendments

We may update revise add to or otherwise change these Terms & Conditions and the Code of Conduct and our other legal policies from time to time for legal or regulatory reasons or commercial reasons or to allow the proper or improved operation of the imua.ie Site for or such other purpose or reason as we may at our absolute discretion deem appropriate. Any such changes shall be posted on the imua.ie Site or may be notified to you by such other means as we deem fit. The changes will apply to the use of the imua.ie Site from such date or dates as we may indicate or in default of indication will apply from the date of posting thereon on the imua.ie Site. If you do not wish to accept the new Terms & Conditions or other legal policies you should not continue to use the imua.ie Site. If you continue to use the imua.ie Site after the date on which the change comes into effect, your use of the imua.ie Site indicates your agreement to be bound by the Terms & Conditions and other legal policies as so changed.

5. Operation of the imua.ie Site

5.1 The object of the imua.ie Site is to provide an internet display service for displaying details of services and courses by members or other advertisers or for advertising such other services or displaying such information as we may at our absolute discretion decide from time to time.

5.2 We will on request advise you from time to time of the normal anticipated time periods for display or updating of data from time to time submitted and input by you for the Imua.ie Site. We may at our absolute discretion require a delay of display for pre-screening, review, editing or other purposes without any obligation on us so to pre-screen review or edit.

5.3 We may change from time to time the specification and format in which you may be required to provide your data; we shall notify you where practicable in advance of any such change.

5.4 It shall be your obligation to directly receive collect and deal with all visitor user enquiries arising from the display of your advertising data on the imua.ie Site. You will ensure and procure that as far as within your power that all enquiries and requests for information in respect of services advertised by you on the imua.ie Site are directed to you and not to the Imua Ireland Ltd. We will not nor should we be obliged to forward details of any user enquiry received by us.

5.5 Subject to the terms hereof we will provide access for you to vary or remove your data during such hours as we may from time to time advise. Your data will be displayed on the imua.ie for such period or periods as we may from time to time stipulate or determine in accordance with our charging or other display policies as may be notified from time to time to you or shown on the imua.ie.

5.6 It shall at all times be your sole responsibility to review for accuracy your data displayed on the imua.ie Site and insofar as may be permitted by law we accept no responsibility and shall have no obligation or liability to edit verify or review your data; provided we may at any time at our absolute discretion edit amend or remove your data. We may at any time change the layout, format, appearance, functionality, tabbing and sequence of display of your data. We shall endeavour to notify you, and in advance where we deem it practical and appropriate, of any such editing, amendment, removal or change or alteration.

5.7 Although we may from time to time have requirements (in addition to any pursuant to the other terms hereof) advice or recommendations in respect of content format location and presentation of your data on the imua.ie Site we shall not be thereby deemed to have or incur any liability or to make any representation or warranty or to have any expertise whether in respect of website content design or display formatting marketing and sale or otherwise, save as may be mandatorily implied by applicable law.

5.8 Although we aim to offer you the best service possible, we make no promise that the services at the imua.ie Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the imua.ie Site you should report it to us at our contact details as shown on the imua.ie Site and we will attempt to correct the fault as soon as we reasonably can.

5.9 Your access to the imua.ie Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

5.10 The format layout presentation aims and purposes of the imua.ie Site will be kept under review by us and may be altered by us in whole or part from time to time as we may in our absolute discretion decide; you accept and acknowledge that no representation is made my us that the imua.ie Site will be maintained or operated in any particular way or with any particular content format design layout purpose or functionality.

6. Your Use of the imua.ie Site

6.1 You agree not to use the imua.ie Site for any of the following purposes:-

6.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;

6.1.3 interfering with any other person’s use or enjoyment of the imua.ie Site;

6.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;

6.1.5 for the advertising or promotion of anything other than hair and beauty services and courses solely owned by you or in respect of which you have irrevocable authority in respect of the advertising and sale thereof in accordance with the material supplied by you for publication on the imua.ie Site;

6.1.6 for inputting or disseminating any material which may be in breach of any law or code applicable to advertising and sale whether those laws or codes and standards apply exclusively or non-exclusively to advertising of services generally;

6.1.7 for any purpose or in any manner which may be in breach of the Imua Ireland Ltd Code of Conduct;

6.1.8 in breach of any intellectual property or third party right or entitlement of any kind;

6.1.9 in any manner which may render us liable to any claim of loss or damage whatsoever;

6.1.10 for transmission or use or dissemination of any material which is misleading, out of date or inaccurate;

6.1.11 for input use or dissemination of any material which contains any software or programme which may adversely or without relevant consents affect damage or disable in any way our or any third party hardware or software or other information technology resources or property or which may collect;

6.1.14 without our express written consent for input use or dissemination of any material which includes any software or programme which collects or records data about us any user accessing the Imua.ie Site or any other third party.

6.2 YOU AGREE, CONFIRM, REPRESENT AND WARRANT:-

6.2.1 that you are aware accept and acknowledge Imua Ltd makes no warranty, representation or endorsement or shall have any liability or responsibility in respect of the imua.ie Site or any aspect thereof or any matter or material relating thereto or the contents members subscribers users or advertisers thereof and we are sole proprietors of the Imua Ireland Ltd and the imua.ie Site;

6.2.2 that you are aware and acknowledge that no representation or warranty is or has been made by Imuya Ireland Ltd that it will continue as our parent company, and that our ownership and control may at any time be transferred to third parties;

6.2.3 that you are aware and acknowledge that no representation or warranty has been made that the control or ownership of Imua Ireland Ltd and the imua.ie Site shall remain with us and that ownership and control may at any time be assigned of and disposed of by us to a third party;

6.2.4 that all material provided by you for use in dissemination or display on the imua.ie Site will at all times be kept up to date, accurate and comprehensive and you will comply with all laws applicable to advertising, sale and marketing whether generally, or specifically in respect of Hair and Beauty;

 

6.2.5 that you will comply fully with your obligations under the Data Protection Acts 2018 and data protection legislation from time to time in force in respect of any data which we may supply to you or which may be obtained by you pursuant to your membership or use of the imua.ie Site or advertising of services thereon or any transactions entered into subsequent to and pursuant to advertising of any services thereon;

6.2.6 that you will ensure that all data supplied by you in connection with the Imua Ireland Ltd or the imua.ie Site complies with the Data Protection Acts 2018;

6.2.7 that all data supplied by you and when appearing or published or disseminated on the imua.ie Site will not breach any contract or infringe any copyright or other intellectual property rights or third party rights of any kind;

6.2.8 that you acknowledge and are aware that we make no representation as to the proposed duration of the Imua Ireland Ltd or the Imua.ie Site or as to the maintenance of either in their current or any other form;

6.2.9 that all data relating to you or any services offered by you and all other material displayed on the imua.ie Site is fully up to date comprehensive and accurate in all respects and not such as may be likely to deceive or mislead any person and to advise us in writing in accordance with our requirements of any changes required to rectify any error or deficiency therein.

6.3 You agree to indemnify us in respect of all claims, losses, costs, demands, damages, expenses or liabilities whatsoever arising out of or in connection with any breach of these Terms & Conditions or any of our other legal policies by you or relating to any data or other material which may be published displayed or disseminated by us on the imua.ie Website on your behalf or at your request or pursuant to data supplied by you.

7. imua.ie Logos, Intellectual Property

7.1 You agree that you will not, and you agree to ensure and procure that all third parties within your reasonable power and procurement will not, use any of the imua.ie Logos, make any reference to Imua Ireland Ltd or the imua.ie Site in any advertising, promotional, website or other material or manner except strictly in accordance with our prior written consent and such terms and conditions (in addition to the terms and conditions hereof, and the Imua Ireland Ltd Code of Conduct), as we may from time to time require, whether by specific notification to you or by way of such more generally applicable terms and conditions as my be displayed by us on the Imua.ie Site or otherwise published.

7.2 The content of the Imua.ie Site is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the imua.ie Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the imua.ie Site without written permission from us.

8. Your data and Intellectual Property Consents

8.1 Without limiting any implied consent which you may be deemed to give or have given by becoming a member of or advertiser with the Imua Ireland Ltd you (a) hereby consent to and grant and (b) agree to furnish all such further necessary and appropriate authorisations, consents and approvals as may be (and in addition to any specific consents, licences and approvals herein contained and other than those required under Data Protection legislation) reasonably required by us to ensure the full and unhindered use by us for all purposes in connection with Imua Ireland Ltd all data obtained by or submitted to us by you or on your behalf.

8.2 YOU HEREBY LICENCE us by way of non-exclusive licence for all purposes in connection with the Imua Ireland Ltd as we may in good faith determine from time to time to the extent of any copyright or other intellectual property rights you may hold all such data and material referred to in the foregoing subparagraph for use for any one or more of the Imua Ireland Ltd purposes, or the purposes of the imua.ie Site as determined or required from time to time in good faith by us.

8.3 YOU HEREBY WAIVE AND DISCHARGE to the extent lawful any right of confidentiality or any similar right of privacy that may apply which might otherwise restrict the proper use by us of any such data, materials or information in the foregoing subparagraphs for the Imua Ireland Ltd purposes, or the purposes of the imua.ie Site, as determined in good faith from time to time by us.

8.4 YOU AGREE AND CONSENT to the use and transfer to us for use and processing by us without obligation at our sole discretion for the Imua Ireland Ltd purposes, or the purposes of the imua.ie Site, as determined in good faith from time to time by us of information relating to you

9. The Company’s Right to Suspend or Cancel

9.1 We may suspend or cancel your registration membership and/or your access to the imua.ie Site immediately at our absolute discretion or if, in our opinion, you breach any of your obligations under these Terms & Conditions or any of our legal policies or if any data input or sought to be input by you may be likely to cause you to be in breach any of those obligations.

9.2 You may cancel your registration or membership as member or advertiser of Imua Ireland Ltd or the imua.ie Site at any time by informing us in writing. If you do so, you must stop using the imua.ie Site.

9.3 The suspension or cancellation of your registration and your right to use the imua.ie Site shall not affect either party’s accrued rights, entitlements or obligations.

9.4 We may at any time suspend whether temporarily or indefinitely or terminate the Imua Ireland Ltd and the imua.ie Site.

10. Disclaimer, Indemnity

10.1 You agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection

with or caused by any breach by you(including without limiting the foregoing any act omission or circumstance giving rise to your being deemed to be in breach) of these terms and conditions or the Imua Ireland Ltd Code of Conduct or any of our legal policies from time to time or otherwise arising or pursuant to your use of the imua.ie Site or data created or submitted by you for use on the imua.ie Site.

10.2 Without limiting the foregoing you agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach or alleged(by any third party) breach by you(including without limiting the foregoing any act omission or circumstance giving rise to your being deemed or claimed (by any third party) to be in breach) of any duty liability or obligation to any third party or of any third party right or entitlement arising out of or in respect of or otherwise in connection with any material or data supplied to us by you or on your behalf or created or displayed by us at your request or with your acquiescence or otherwise input or submitted by you or on your behalf on or in connection with Imua Ireland Ltd or the imua.ie Site or in connection with any dealings you may at any time have with any third parties in respect of any matter or circumstance relating in any way to or data at any time displayed on the Imua Ireland Ltd or the imua.ie Site.

10.3 The imua.ie Site provides content from other Internet sites or resources and while we may at our discretion try to ensure that material included on the imua.ie Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the imua.ie Site we will attempt to correct the inaccuracies as soon as we reasonably can.

10.4 Except in respect of any liability we may have or limited under any applicable laws we shall not be liable to you for any breach of contract, duty or for any reason in connection with the use or operation of Imua Ireland Ltd or the imua.ie Site or any data from time to time displayed thereon or related thereto for loss of profit, indirect, special or consequential loss, damage, cost or expenses or compensation whatsoever which you may suffer or incur or which you may be liable for to any third party.

10.5 The provisions of this clause shall not limit our liability for death or personal injury except to the maximum extent permitted by applicable law.

10.6 To the extent permitted by law the you hereby acknowledge, agree and confirm that we shall not have any liability or responsibility in respect of any error or omission in connection with the use, processing displaying or publication of any data or other material supplied by you or any loss or damage thereby incurred by any person; provided that upon being made aware of any error we shall procure the making good of such error as soon as practically possible and insofar as is within our reasonable power.

10.7 The benefit of this clause shall be deemed to be for our benefit and also severally to the maximum extent permitted by law for Imua Ireland Ltd and for each of our and their officers and employees, and for such other person or persons as we may at any time nominate in writing, as if each of them were party hereto.

 

11. Third Party Websites

11.1 As a convenience to customers, the imua.ie Site includes links to other websites or material which are beyond its control. The Company is not responsible for content on any site outside the imua.ie Site.

11.2 You may not link to our Website without our prior specific written consent and upon such terms and conditions as we may require. We reserve the right to withdraw any linking permission so granted without notice.

12. Advertising & Sponsorship

12.1 The imua.ie Site may contain third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the imua.ie Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

13. Applicable Law, Complaints, Dispute Resolution

13.1 These Terms & Conditions will be subject to the laws of Ireland and you irrevocably submit to the non-exclusive jurisdiction to the Courts of Ireland.

13.2 In the event that you have at any time a complaint, dispute, or grievance with us against us in relation to any matter arising out of or in connection with this imua.ie Site you agree in the first instance before seeking any judicial or other remedy (but without prejudicing your right of access thereto) to furnish full and comprehensive details (including such further details and information as may be reasonably requested by us)of the complaint dispute grievance or claim to the CEO of Imua Ireland Ltd for investigation and if he shall deem fit to make a recommendation for resolution thereof. Any such recommendation shall not bind you or us, or be admissible against either you or us in any legal proceedings, unless you and we agree in writing to accept the recommendation.

14. International Use

14.1 We make no promise or representation that materials on the imua.ie Site are appropriate or available for use in or advertising or display to locations outside Ireland, and for accessing the imua.ie Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Ireland, you do so on your own initiative and are responsible for compliance with local laws.

14.2 If you choose to use the imua.ie Site for advertising to persons and locations outside Ireland, you must ensure that you comply with all relevant local laws.

15. Termination

15.1 We may at any time terminate our contract (and your membership of the Imua Ireland Ltd) with you by notice to you. In the event of termination we shall not be obliged to refund any charges on subscriptions or advertising fees paid by you save and in accordance with such

repayment policy (if any) as we may from time to time determine or save to the extent of that restriction of any such liability to repay would be unlawful.

15.2 You may at any time terminate your contract (and membership) with us by notice in writing to us at the contact details provided by us from time to time on the imua.ie Website. Upon termination you shall not be entitled to repayment of all or part of any subscription or advertising fees or charges paid by you save as we may from time to time at our discretion determine and save to the extent that any exclusion of repayment may be unlawful.

16. Miscellaneous

16.1 You may not transfer your membership of Imua Ireland Ltd or any of your rights under these Terms & Conditions or any of our legal policies to any other person. We may transfer our rights under these Terms & Conditions and any of our other legal policies to any other person as we may deem fit and to another business where we reasonably believe your rights will not be affected.

16.2 If you breach these Terms & Conditions or any of our other legal policies and we chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms & Conditions and any of our other legal policies.

16.3 We shall not be responsible for any breach of these Terms & Conditions or any of our other legal policies caused by circumstances beyond our reasonable control.

16.4 The imua.ie Site is owned and operated by Imua Ireland Ltd, 69 ESKER WOOD DRIVE LUCAN CO. DUBLIN

16.5 If you have any queries please contact us at our contact address as shown from time to time on the imua.ie Site.

17. Payment

17.1 Payment by you of membership, subscription and advertising fees shall be made in accordance with such provision for payment and rates and charges as we may from time to time determine and publish on the imua.ie Site.

17.2 Interest shall accrue on any sums due and unpaid by you hereunder at the rate per centum per day which shall exceed by 0.001 per centum the rate of interest for the time being chargeable under Section 1080 of the Taxes Consolidation Act 1999 (or such other rate of interest as may from time to time be chargeable upon arrears of tax which rate of interest shall be duly adjusted if necessary for expression as a rate per day) or 10% per centum per annum whichever rate is greater when calculated on a per annum basis.

18. Interpretation

In these Terms and Conditions, the following terms shall be deemed to have the following meanings:-

“the Company”, “we”, “us”, “our” and expressions of a similar nature mean and refer to Imua Ireland Limited.

“imua.ie Site” means the website https://www.imua.ie/.

“participant” means a person who has applied for and been duly accepted in accordance with the terms hereof to be a registered member featured seller or advertiser with Imua Ireland Ltd.

“Imua Ireland Ltd” means the scheme for advertising Hair and beauty services by way of a Portal known as https://www.imua.ie/

“data” includes any type of data, information or material in any form or medium.

“legal policies” means the within Terms and Conditions, the Imua Ireland Ltd Code of Conduct, the general terms of access to the imua.ie Site any Privacy Statement or Policy and any other terms and conditions stated to be applicable to use or access to the imua.ie Site or governing the terms of advertising thereon as may be displayed by us from time to time on the imua.ie Site or otherwise notified to you.

“Imua Ireland Ltd Code of Conduct” means the Code of Conduct governing membership of the Imua Ireland Ltd as displayed from time to time on the imua.ie Site or otherwise published by us.

“Imua Ireland.ie Logos” means the name “Imua Ireland Ltd” and any representations or variations thereof or any reference to Imua Ireland Ltd or the imua.ie Site or any domain names, web addresses, trademarks, service marks, business names or goodwill related thereto.

General Terms & Conditions of Access to Website Portal https://www.imua.ie/

These Terms & Conditions together with our other legal policies enforcement at the time govern your access to the Imua Ireland Ltd website https://www.imua.ie/ (“the imua.ie Site”) and your relationship with Imua Ireland Limited as the proprietor and promoter of the Imua Ireland Ltd (“the Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you have any questions on the Terms & Conditions or on any of our legal policies, please contact us. By visiting the imua.ie Site and on each occasion you visit the imua.ie Site you are accepting these terms and conditions and our other legal policies as amended from time to time.

Imua Ireland Ltd

imua.ie is a web portal initiated and currently operated by Imua Ireland Ltd as a platform for the advertising for sale of Hair and Beauty Services.

Other than the provision and maintenance of this Website, Imua Ireland Ltd does not have any input into the content of advertising in the imua.ie Site and does not verify the content of the statements made therein.

The content of advertising in the Website is at all times the sole responsibility of the seller/advertiser who has input the content and we do not accept responsibility for any errors, omissions or inaccuracies in the same nor do we warrant or represent any of the content of the

We have not and shall not be deemed by you to have verified or investigated or in any way to guarantee or endorse the accuracy of any statement, covenants or representations made by any person in respect of any service advertised on the imua.ie Site or otherwise.

Application of Terms and Conditions and Code

The imua.ie Site is provided to you for use by you subject to these terms & conditions, the terms and conditions in respect of Imua Ireland Ltd membership and advertising, the Imua Ireland Ltd Code and our other legal policies from time to time as shown on the imua.ie Site or otherwise notified to you.

By accessing the imua.ie Site in any capacity and on each occasion that you do so, you agree to be bound by these Terms & Conditions and our other legal policies from time to time.

Amendments, Faults

We may update revise add to or otherwise change these Terms & Conditions and the Code and our other legal policies from time to time for legal or regulatory reasons or commercial reasons or to allow the proper or improved operation of the imua.ie Site for or such other purpose or reason as we may at our absolute discretion deem appropriate. Any such changes shall be posted on the imua.ie Site or may be notified to you by such other means as we deem fit. The changes will apply to the use of the imua.ie Site from such date or dates as we may indicate or in default from the date of posting thereon on the imua.ie Site. If you do not wish to accept the new Terms & Conditions or our other legal policies you should not continue to use the imua.ie Site. If you continue to use the imua.ie Site after the date on which the change comes into effect, your use of the imua.ie Site indicates your agreement to be bound by the Terms & Conditions and other legal policies as so changed.

We make no promise that the services at the imua.ie Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the imua.ie Site you should report it to us at our contact details as shown on the imua.ie Site and we will attempt to correct the fault as soon as we reasonably can.

Your access to the imua.ie Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

Enquiries re Products and Services Advertised

If you have any enquiry in relation to any service, course or other product advertised on the imua.ie Site, you must make contact directly with the relevant person so advertising at the contact details provided by that person on their advertisement. We do not and will not pass on to advertisers any requests for information or enquiries.

You agree that you will comply fully with your obligations under the Data Protection Act 2018 and data protection legislation from time to time in force in respect of any data which we may supply to you or which may be obtained by you pursuant to your use of the imua.ie Site.

You agree that you will ensure that all data supplied by you in connection with the Imua Ireland Ltd or the imua.ie Site complies with the Data Protection Acts 2018.

Disclaimers, Indemnities

The imua.ie Site provides content from other Internet sites or resources and while we may at our discretion try to ensure that material included on the imua.ie Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the imua.ie Site we will attempt to correct the inaccuracies as soon as we reasonably can.

We provide a service to subscribing members of the Imua Ireland Ltd and advertisers of displaying advertisements in respect of services. We do not and cannot be taken as endorsing or guaranteeing the suitability of or make any representation whatsoever in relation to the persons who are purporting to advertise services or in relation to services that they offer. In particular, we do not make any warranty or representation in relation to compliance by any persons being members of the Imua Ireland Ltd with our legal policies and in particular we do not make any representations in respect of compliance by any such persons with any matters referred to in the Imua Ireland Ltd Code of Conduct. If you decide to purchase any good or service from any such advertiser, you agree to at your discretion and it shall be your responsibility to make appropriate enquires as to the compliance by any such Seller with our legal policies including inter alia with the Imua Ireland Ltd Code of Conduct and at your discretion to include any term or condition as you deem fit in relation to such compliance in any contract you may enter into with any such person.

Imua Ireland Ltd DISCLAIMER

You are aware accept and acknowledge that Imua Ireland Ltd shall not have any liability or responsibility in respect of the Imua Ireland Ltd or the imua.ie Site or any aspect thereof or any matter or material relating thereto or the contents members subscribers users or advertisers thereof and we are sole proprietors of the Imua Ireland Ltd and the imua.ie Site and operate the Imua Ireland Ltd and the imua.ie Site on our own behalf.

You agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach by you (including without limiting the foregoing any act omission or circumstance giving rise to your being deemed to be in breach) of these terms and conditions or any of our legal policies from time to time or otherwise arising or pursuant to your use of the imua.ie Site.

Without limiting the foregoing you agree to indemnify us on demand against all losses damages costs expenses liability claims or proceedings which we may at any time incur suffer or be subject to arising out of or in connection with or caused by any breach or alleged (by any third party) breach by you (including without limiting the foregoing any act omission or circumstance giving rise to your being deemed or claimed (by any third party) to be in breach) of any duty liability or obligation to any third party or of any third party right or entitlement arising out of or in respect of or otherwise in connection with your accessing or other use of the Imua Ireland Ltd or the imua.ie Site or in connection with any dealings you may at any time have with advertisers or other third parties in respect of any matter or circumstance relating in any way to Imua Ireland Ltd or the imua.ie Site or any transaction relating to any service at any time advertised or displayed on the imua.ie Site.

Except in respect of any liability we may have which is prohibited to be excluded or limited under any applicable laws we shall not be liable to you for any breach of contract, duty or any reason in connection with the use or operation of Imua Ireland Ltd or the imua.ie Site or any data from time to time, displayed thereon or related thereto for loss of profit or any direct or indirect special consequential loss, damage, cost, expenses or compensation whatsoever which you may suffer or incur or which you may be liable for to any third party.

These terms and conditions shall not limit our liability for death or personal injury except for the maximum extent permitted by applicable law.

The benefit of this clause shall be deemed to be for our benefit and also severally to the maximum extent permitted by law for Imua Ireland Ltd and for each of our and their officers and employees, and to such other person or persons as we may at any time nominate in writing, as if each of them were party hereto

Third Party Websites

As a convenience to customers, the imua.ie Site includes links to other websites or material which are beyond its control. The Company is not responsible for content on any site outside the imua.ie Site.

You may not link to our Website without our prior specific written consent and upon such terms and conditions as we may require. We reserve the right to withdraw any linking permission so granted without notice.

Applicable Law, Complaints, Dispute Resolution

These Terms & Conditions will be subject to the laws of Ireland and you irrevocably submit to the non-exclusive jurisdiction to the Courts of Ireland.

In the event that you have at any time a complaint dispute grievance with us or claim against us in relation to any matter arising out of or in connection with the imua.ie Site you agree in the first instance before seeking any judicial or other remedy (without prejudicing your right of access to the Courts) to furnish full and comprehensive details (including such further details and information as may be reasonably requested by us)of the complaint dispute grievance or claim to the Chairman for the time being of our parent company, Imua Ireland Ltd for investigation to enable him if he shall deem fit to make a recommendation for resolution thereof. Any such recommendation shall not bind you or us, or be admissible against either you or us in any legal proceedings, unless you and we agree in writing to accept the recommendation.

International Use

We make no promise or representation that materials on the imua.ie Site are appropriate or available for use in or advertising or display to locations outside Ireland, and accessing the imua.ie Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Ireland, you do so on your own initiative and are responsible for compliance with local laws.

The imua.ie Site is owned and operated by Imua Ireland Ltd, 69 Esker Woods Drive

Lucan Co Dublin

If you have any queries please contact us at our contact address as shown from time to time on the imua.ie Site.

Interpretation

In these Terms and Conditions, the following terms shall be deemed to have the following meanings:-

“participant” means a person who has applied for and been duly accepted in accordance with the terms hereof to be a registered member featured seller or advertiser with Imua Ireland Ltd.

“Imua Ireland Ltd” means the scheme for advertising hair and beauty services by way of a Portal known as https://www.imua.ie/.

“data” includes any form of data, information or material in any form or medium.

“legal policies” means any terms and conditions applicable in respect of members and advertises on the Imua Ireland Ltd Code of Conduct or general terms of access to the imua.ie Site and Privacy Policy any other terms and conditions intended by us to apply to and govern the use or access of the imua.ie Site and terms of advertising carried out thereon as may be displayed by us from time to time on the imua.ie Site or otherwise notified to you.

“Imua Ireland Ltd Code of Practice” means the Code of Practice governing membership of the Imua Ireland Ltd as displayed from time to time on the imua.ie Site or otherwise published by us.

“imua.ie logos” means the name “Imua Ireland Ltd” and any representations thereof or any reference to Imua Ireland Ltd or the imua.ie Site or any domain names, web addresses, trademarks, service marks, business names or goodwill related thereto