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SHOPBRAIN TERMS AND CONDITIONS OF USE

SHOPBRAIN TERMS OF USE

Welcome to Shopbrain!

These terms of use (the “Terms”) govern your access and use of the Shopbrain website located at www.shopbrain.com (including any subdomains) (the “Website”), our Shopbrain mobile application and browser extension and all related websites, applications and any other online services we provide (the “Services”), including any updates to or new versions of the Services.

The Services are made available to you by Shopbrain (Ireland) Limited, a company incorporated and registered in the Republic of Ireland with company registration number 560809 and its registered office at Unit K Digital Court, Rainsford Street, The Digital Hub, Dublin 8, Ireland, and its licensors or providers (“Shopbrain”, “we”, “us” or “our”).

BY USING OUR SERVICES YOU ACCEPT THESE TERMS

By downloading and using the Services, you confirm that you accept these Terms and you agree to comply with them.

If you do not agree to these Terms, please do not use the Services.

We recommend that you print a copy of these Terms for future reference.

OTHER TERMS THAT MAY APPLY TO YOU

These Terms refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy [INSERT AS LINK TO SITE’S PRIVACY POLICY] which details how we use your personal data; and
  • Our Cookie Policy [INSERT AS LINK TO COOKIE POLICY], which sets out information about the cookies on our Website.

WE MAY MAKE CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to change these terms from time to time so we recommend that you check regularly for the most recent version that applies when using the Services.  The most recent version of the Terms will be posted on our Website at https://www.shopbrain.com/terms

We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Website or Services. If you continue to use the Services after the changes become effective, then you will be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us by ceasing to use the Services. The date these Terms were last amended is set out at the end of these Terms. Any amendment, variation or modification to the Terms you purport shall not be binding on us.

OUR SERVICES

The Services are provided to you by Shopbrain for free and aim to locate the best publicly available price and offers for the products you would like to buy and the hotels you would like to book, so you can make informed purchasing decisions at the best price.  We make money to sustain the service through commission when you click on a link to a merchant and/or make a purchase.

The Services allow you to view information about products listed by third party merchants online, find offers on those products, track pricing information and product reviews.  If you click on an offer, you will be redirected to the third party merchant’s site.  These third party sites will have their own terms of use and privacy policies, which may differ from these Terms, so we encourage you to read them.

By providing links to third party sites, we do not endorse, warrant or guarantee the products or services available through those links and Shopbrain is not an agent or broker or otherwise responsible for the activities or policies of those websites or their products or services.  Shopbrain does not guarantee that the product offer details, prices, availability or other terms or rates provided by the Services are actually the terms that may be offered to you by a third party if you pursue the offer or that they are the best prices, terms or lowest rates available in the market.

We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third party websites or by any third party you interact with through the Services.  In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site or service.  By using the Services, you release and agree to indemnify, defend and hold us harmless from any and all liability arising from your use of any third party website or service.

WE MAY MAKE CHANGES TO THE SERVICES

We may update and change our Services from time to time to reflect changes to our products and/or features, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW THE SERVICES

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We will not be responsible for any suspension, delays or failures in performance where performance is commercially impractical due to circumstances beyond our reasonable control including but not limited to, strikes, labor difficulties, riot, fire, death or curtailment of the parties’ usual source of supply, or governmental decrees and orders.

HOW YOU CAN REMOVE THE SERVICES

If you wish to stop using the Services, just uninstall Shopbrain from your browser and/or phone.

YOUR USE OF THE SERVICES

When you download or use the Services, you agree to these Terms and in return, subject to your ongoing compliance with these Terms, Shopbrain grants you a limited, personal, non­-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use the Services solely for your personal use.

Apart from this license, you have no other rights in the use of the Services and by downloading and using the Services you represent, warrant and agree that you will not:

  1. use or interact with the Services in any way that violates any applicable law, regulation or these Terms, is harmful, misleading, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable;
  2. modify, edit, copy, reproduce, create derivative works of, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise use the Services except as expressly permitted by us;
  3. decompile, disassemble, reverse engineer, alter, enhance or in any way exploit the Services in any manner except as may be expressly permitted by applicable law;
  4. link to, mirror or frame any portion of the Services;
  5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or the websites linked to the Services;
  6. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
  7. infringe or violate the intellectual property rights of us or any third party; or
  8. collect Service users’ information, or otherwise accesses the Services using automated means (e.g. harvesting bots, robots, spiders, or scrapers, etc.) without our prior written permission.

If you breach any of the foregoing, the above license will terminate automatically.

Where permitted by law, we reserve the right to disclose to our legal representatives, any Court and any regulatory and/or law enforcement authority the identity of any user who breaches these Terms and/or our Privacy Policy (or any part thereof).

You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of these Terms, or to review or edit any content. However, we reserve the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or any order or requirement of a court, consent decree, administrative agency or other governmental body.

YOUR ACCESS TO THE SERVICES

We do not guarantee that our Website and/or the Services will be secure or free from bugs or viruses.

You are responsible for making all arrangements necessary for you to have access to the Services, including internet access and virus protection software. You are also responsible for the cost and maintenance of any internet access and ensuring that all persons who use the Services through your internet connection are aware of these Terms, and that they comply with them in full.

You agree that the availability of the Services may be dependent on third party providers such as Firefox, Safari, the Chrome Extension Store, iTunes, Google Play or any other website, app store and its affiliates (“Third Party Provider”) from which you choose to download the Services. You acknowledge that these Terms are concluded between you and us only, and not with any other Third Party Provider or our licensors or providers. Each Third Party Provider may have its own set of terms to which you agree to abide by before downloading the Services and obtaining the license to use the Services. To the extent that such other terms and conditions from such Third Party Provider conflict with these Terms, these Terms will prevail to the maximum extent allowed under local laws.

Neither the Third Party Provider nor our licensors or providers have any obligation to provide access to, maintain the Services or provide support services. The Third Party Provider is not responsible for any claims you or a third party may have in relation to the Services including, any consumer protection claims, intellectual property infringement claims, or any claim that the Services fail to conform to any applicable legal or regulatory requirement.

HOW YOU MAY USE MATERIAL ON OUR SITE

The Services, and all information (in any form including without limitation text, graphical, video and audio), images, icons, buttons, software, design, applications, trademarks, brand names and other elements available on or through the Services (the “Content”) are the property of Shopbrain, its licensors, providers, or affiliates or the applicable third party entity, and are protected by copyright, trade mark, database right, sui generis rights and other intellectual property rights (as the case may be) under national laws and international treaties.

Your access and/or use of the Services does not transfer to you or any other person any ownership or other rights in the Services, or their Content, unless specified otherwise in these Terms. Any rights not expressly granted to you in these Terms are expressly reserved by Shopbrain and its licensors, providers and affiliates. For greater certainty, you agree that you will not take any action that is inconsistent with Shopbrain, its licensors, providers or affiliates’ ownership of the Services and/or Shopbrain’s ownership of, or any third party’s ownership of, any Content.

Without limiting the generality of the foregoing, users of the Services shall be entitled to copy Content contained within the Services only for their own personal and non-commercial use, but may not republish or reproduce any such Content in any manner without the prior written consent of Shopbrain, its licensors, providers or affiliates.

You acknowledge and agree that, in the event of any third party claim that the Services and/or your possession and use of the Services infringes a third party’s intellectual property rights, we, and not the Third Party Provider, are responsible for the investigation, defense, settlement and discharge of any such infringement claim.

NAMES, LOGOS AND TRADE MARKS

Certain names, graphics, logos, icons, slogans, designs, words, titles or phrases contained within the Services may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of Shopbrain, its licensors, providers, affiliates or other third party entities. Trademarks may be registered in Canada and in other countries as applicable. All Trademarks not owned by Shopbrain are the property of their respective owners, and, where used by Shopbrain are used under license or with permission. All Trademarks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trademarks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Services may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trademark(s). You agree that you will not take any actions inconsistent with Shopbrain, its licensors, providers or affiliates’ ownership of, or any third party’s ownership of, the Trademarks. Only Shopbrain, its licensors, providers or affiliates are authorized to produce and market products and literature under the Trademarks. The use of the Trademarks on any product, literature or electronic media not produced or offered by Shopbrain, its licensors, providers or affiliates is prohibited unless prior written approval has been obtained from the respective owner.

EARNING REWARDS

From time to time, Shopbrain may run competitions, offer bonuses or other rewards for downloading or using the Services or taking actions to promote the Services (the “Rewards Programs”).  In general, if you participate within the spirit of the program, you will be rewarded.  However, to protect ourselves from seen and unforeseen issues, we reserve the right, in our sole discretion, to withhold such consideration, for any reason at any time, with or without cause.  By participating in any Shopbrain Rewards Programs, you accept this condition.  Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward.  These limits will vary from program to program.  Please check the terms and conditions accompanying each Reward Program as they will govern how rewards are earned and redeemed and may differ from these Terms.

CONSEQUENCES OF BREACHING THE TERMS

Any failure to comply with these Terms, any fraud or abuse, or any misrepresentation of any information furnished to Shopbrain or its licensors, providers or affiliates by you or anyone acting on your behalf may result in the immediate suspension or termination of your use of the Services without notice or liability to you. This is without prejudice to any other rights or remedies we have under these Terms or under applicable law.

NO WARRANTIES

YOUR USE OF THE SERVICES (OR ANY PART OF THEM) IS “AS IS” AND ON AN “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, AND ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, FITNESS FOR ANY PARTICULAR PURPOSE, AND OF COMPLETENESS OR ACCURACY OF CONTENT ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.  NEITHER SHOPBRAIN NOR ANY OF ITS LICENSORS, PROVIDERS OR AFFILIATES GIVES ANY WARRANTY THAT THE SUPPLY OF MATERIAL AND CONTENT ON THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT THE WEBSITE AND SERVICES ARE FREE OF VIRUSES OR BUGS AND NO WARRANTIES ARE GIVEN AS TO THE ACCURACY OF MATERIAL OR CONTENT COMPRISING THE SERVICES.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are business user:

  • we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
  • we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use the Services; or
    • use of or reliance on any content displayed on the Services.
  • In particular, we will not be liable for:
    • loss of profits, sales, business or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF SHOPBRAIN AND ITS LICENSORS, PROVIDERS AND AFFILIATES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SERVICES, SOMEONE POSING AS YOU, OR YOUR BREACH OF THESE TERMS. YOU HEREBY UNDERTAKE AND AGREE TO PROMPTLY ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY ANY OF THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF SHOPBRAIN, ITS LICENSORS, PROVIDERS AND AFFILIATES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE OR ATTEMPT TO ENGAGE.

GENERAL PROVISIONS

You may not assign or otherwise transfer any of your rights or obligations under these Terms without the prior written consent of Shopbrain, and any attempted assignment or transfer without such consent will be void. We may assign, sub-contract or novate any of our rights and/or obligations under these Terms and you hereby consent to such assignment or transfer without requiring any further notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.

Nothing in these Terms shall be construed to create a partnership or agency relationship between you and us and neither of us shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

If we fail to insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms and the documents incorporated by reference constitute the entire agreement and understanding between us and you with respect to your access and use of the Services and supersedes all previous agreements, representations and arrangements between us (either oral or written).

If any provision of these Terms (or part thereof) is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.

GOVERNING LAW

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by and construed in accordance with Irish law and we both agree that the courts of Ireland will have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms.

If you are a business, these Terms, their subject matter and their formation (including non-contractual disputes or claims) are governed by and construed in accordance with Irish law and we both agree that the courts of Ireland have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms.

CONTACTING US

If you have any questions, requests or complaints regarding these Terms please contact us using the following information:

Email:                                     support@shopbrain.com

Mailing Address:                  Unit K Digital Court, Rainsford Street, The Digital Hub, Dublin 8, IRELAND

 

These Terms were last amended:  23 July 2019

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