Website Terms & Conditions
This website, www.pulsetri.com, is owned and operated by Pulse Triathlon Club, Dublin (the “Website”). Please read these terms and conditions and the privacy policy carefully, they are the terms of use for the Website (the “Terms and Conditions”). These Terms and Conditions were last updated in October 2015.
- USER OBLIGATION
Use of the Website constitutes your acknowledgement and acceptance of these Terms and Conditions, which take effect on the date on which you first use the Website. Pulse Triathlon Club reserves the right to change these Terms and Conditions at any time by posting changes online and it is your responsibility to refer to and comply with these terms on accessing the Website. Your continued use of the Website after changes are posted constitutes your acceptance of these Terms and Conditions as modified. If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of the Website and therefore should cease using Website immediately. If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on the Website relating to specific material then the latter shall prevail.
- INTELLECTUAL PROPERTY
All copyright, trademarks and other intellectual property rights in the Website,including the design, arrangement, layout and organisation of the Website, and all material or content supplied and displayed as part of the Website is owned by, licensed to or permitted to be used by Pulse Triathlon Club unless otherwise indicated and shall remain at all times the property of Pulse Triathlon Club or the third party to whom it is attributed. In accessing the Website or downloading anything there from, you agree that you do so only for your own personal and non-commercial use and agree not to change or delete any copyright or proprietary notice from materials downloaded from the Website or any website accessible through the Website without the prior written permission of Pulse Triathlon Club.
Without the prior written permission of Pulse Triathlon Club you may not copy, reproduce, download, post, store, including in any other web site, distribute, transmit, broadcast, commercially exploit or modify in any way the material or content on the Website, or any materials accessible through the Website, in whole or in part or permit or assist any third party to do so for a use other than personal and non commercial. If such permission is granted the source of the material must be clearly identified and attributed to Pulse Triathlon Club and the appropriate proprietary rights acknowledged and a link established to pulsetri.com subject to 6 below.
However such permission will not be granted in relation to any material on the Website which is attributed as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
- USE AND SECURITY
The use of the Website is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, racist or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Website. You agree to notify us immediately of any unauthorised use or any other breach of security.
- DISCLAIMER OF WARRANTIES
The information provided by Pulse Triathlon Club on the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of materials available through the Website or from third parties will be correct, accurate, timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.
- LIMITATION OF LIABILITY
To the fullest extent permitted by law, under no circumstances shall we be liable to you for any direct, indirect, incidental, special or consequential damages, whether in action of contract, negligence or other action, arising out of or in connection with the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above mentioned damages that results from the use or inability to use the products or services.
Pulse Triathlon Club does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material, including payment for and delivery of such products or services. For the avoidance of doubt, Pulse Triathlon Club is not responsible for any direct, indirect, incidental, special or consequential loss that arises from or in connection with, any content, advertising, products, services or information available on any third party websites or material.
- LINKS
Linking to the Website is permitted. Links to the Website is subject to these Terms and Conditions and in particular to Pulse Triathlon Club’s proprietary rights. All links to the Website must be direct to any complete content page and not any part of a page within the Website and must not be viewed within the pages of any other website e.g. through the use of “iframes”.
Pulse Triathlon Club disclaims all liability for any legal or other consequences,including for infringement of third party rights, of links made to the Website.
- CANCELLATION AND RETURNS
You have a statutory right to a 14 day cooling-off period when purchasing goods and/or services online, subject to certain exceptions e.g. where club gear has been made to order or a training session has been performed . If applicable in relation to the purchase of goods, you have the right to cancel your order and return the goods, anytime before and up to 14 calendar days, starting from the day after the goods are received by you, provided that the goods are in perfect condition and the packaging remains in an ‘as new’ state. If applicable in relation to the purchase of services, you have the right to cancel your order anytime before and up to 14 calendar days, starting from the day on which you purchased the services.
In the event that you receive a good that is damaged or defective in any way, please contact info@pulsetri.com.
- GENERAL
Pulse Triathlon Club shall not be liable for any failure to perform any of our obligations under these Terms and Conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Pulse Triathlon Club’s failure to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- INDEMNITY
You agree to indemnify and keep indemnified Pulse Triathlon Club from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of the Website other than in accordance with these Terms and Conditions.
- LAWS AND JURISDICTION
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland. Disputes arising here from shall be subject to the exclusive jurisdiction of the courts of Ireland.
If you have any queries please contact info@pulsetri.com