Terms & Conditions
Terms & Conditions
Welcome to The Earthy Marketplace (“TEM”) Terms of Service.
The Earthy Marketplace (“us”, “we”, or “our”) operates The Earthy Marketplace website and app (the “Service”).
TEM provides a business subscription service that allows our members to access services designed to increase the visibility of and accessibility of their business and/or services. We, at The Earthy Marketplace, are dedicated to promoting a sustainable, ethical lifestyle and fostering a supportive space for people from all walks of life to come together and make purchasing decisions that will have a positive impact. We advocate for the most ethical and sustainable purchasing decisions, and we host businesses that we believe can offer these kinds of products/ services.
Any new features or tools which are added to TEM Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website/app. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Please read our Privacy Policy and these Terms of Use carefully before using the services.
Acceptance of Terms
By accessing TEM, or by using any part of our services, you agree to become bound by these terms and conditions (including, without limitation TEM's Privacy Policy. If you do not agree to all the terms and conditions, then you may not access or use the content on the services. The use of TEM's services is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are, at any point, considered or characterised as an offer by TEM, acceptance is expressly limited to these terms.
Please read these Terms of Service carefully before accessing or using our website.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Ireland.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Business Membership and Packages.
Businesses can only purchase their membership and add their TEM business listing by accessing our site on their computer/ laptop and not the phone version of TEM at this time. All businesses featured on TEM will be required to create a TEM business listing once they have purchased their chosen TEM Membership Package. Businesses can create their TEM business listing after logging in at 'Login' and proceeding to 'Add listing'. These can all be found in the Home drop-down list. The TEM logo on the top left of our website is the Home button where the drop-down list will appear.
TEM membership packages are available to view before signing up to become a member of TEM. These can be viewed at ‘Membership’ on TEM Homepage. You can also request a copy of our current price packages at any time by contacting us at
Businesses must note that they will not be visible to TEM users until they add their business listing to the site. Payment for your subscription begins from the point of membership purchase, TEM does not issue refunds to any business that fails to upload its listing in a timely manner.
All TEM Businesses are listed by our directory alphabetically, however, businesses who opt-in for our premium package, The Full Turnip, will be marked as 'featured' and listed in descending alphabetical order from the top of the directory.
TEM Services provide the option to add multiple business locations to their account, for example when a business has two shop locations. A business subscribing to one membership account may only use their account for the specific business they have registered with TEM for that account. Any business found to be in breach of these rules by adding other businesses to their account will have their account terminated immediately without notice.
TEM Business memberships are paid through a rolling monthly subscription and will continue until terminated or requested cancellation. Memberships can be upgraded at any point. This is available after 'login'.
To use our Service you must have Internet access, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
We may offer a number of membership plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
Accuracy of Billing and Account Information
We reserve the right to refuse any request to subscribe to our Services. In the event that we make a change to your account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided by you.
Payments can be made through Paypal, Stripe, or with a card transaction via Stripe.
You agree to provide current, complete, and accurate account information when you subscribe to our Service. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
Your account information:
Your business name (username), business description, email address, photograph/logo, location, contact information, website and/or social media account links, password, Business video(s).
Modifications to The Service and Prices
Prices for our Service are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Business Requirements, Authorisation, and Products/ Services Criteria.
At The Earthy Marketplace, we feature three major cohorts of business:
- Earthy Eats - Food places catering 100% vegan or offering vegan options as part of their regular menu.
The term food places can refer to a broad range of businesses that prepares and serves/deliver food to customers. Including but not limited to, for example, a: Restaurant, Café, Bistro, Food Truck, Bakery, etc.
- Farm Finder - Independent growers selling seasonal, organic produce of the plant variety.
Farming organically means anyone respecting the principles, rules, and requirements of organic farming.
- Shop Sustainable - A broad range of sustainable businesses Including but not limited to, for example, businesses in areas such as Refillery Zero Waste, Fashion, Children’s toys, Accessories, Beauty, Art, Crafting, Household items, Furniture, etc.
TEM will review all content before giving the authorisation to be viewed by the public on TEM. Before authorising any new business to be featured on TEM, the following criteria are taken into consideration about said business and their practices:
Environmental Impacts: Waste Reduction – what is the business doing to reduce waste?
Environmental Impacts: Resource Conservation – what is the business doing to conserve resources?
Environmental Impacts: Carbon Footprint & Toxics Reduction – what is the business doing to reduce its carbon footprint and reduce its use of toxic materials?
Environmental Impacts: Product Development & Life Cycle – what is the business doing to minimise the environmental footprint of its products?
Environmental & Social Impact: Supply Chain & Procurement – how is the business engaging with suppliers to promote sustainability?
Social Impact: Civic Engagement & Giving – how does the business give back to the community?
Social Impact: Workers – how has the business engaged employees and ensured that they are treated well?
Ethicality - An ethical product is one in which morality is the basis of the creation of the product. All ethical products are created without using any type of process material, person, or animal in an unethical or moral way.
You understand that our mission is to increase the visibility of and accessibility to businesses that offer conscious, ethical, and sustainable purchasing options and/or services. We, at The Earthy Marketplace, are dedicated to promoting a sustainable, ethical lifestyle and fostering a supportive space for people from all walks of life to come together and make purchasing decisions that will have a positive impact, while supporting businesses that care. Although every service and business member featured on TEM is not required to be expressly vegan, we at TEM operate with vegan values at our core. We advocate for the most ethical and sustainable purchasing decisions, and we select businesses that we believe can offer these kinds of products/ services in some capacity. TEM cannot police every item being distributed and sold by our members and wish to make you aware that likely not all products sold or distributed will meet our intended criteria. All businesses reserve the right to sell any products/services they see fit. We strongly advise that you do your own research before purchasing from any TEM featured businesses. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through TEM will meet your expectations.
The Earthy Marketplace bears no responsibility or liability in the case of any product/services from our members falsely advertising, selling, or distributing any products/ services later deemed to be either unethical and/or unsustainable.
If it comes to your attention that one of our members is Greenwashing*, please contact us immediately at
TEM reserve the right to refuse membership to anyone at any time.
*Greenwashing: Disinformation disseminated by an organisation so as to present an environmentally responsible public image.
Earthy Services
Earthy Notices, Earthy Offers and, Earthy Events hereinafter “our Earthy Services.”
Posting capabilities on our Earthy Services are made exclusively available to businesses who opt-in via their membership.
Businesses can access and post to Earthy Offers and Earthy Events via their business dashboard at 'My Dashboard'.
Earthy Notices - Looking for volunteers or to fill a job position? Advertise anytime on Earthy Notices to let the public know you’re hiring! Here you can notify the public of any volunteering roles, job vacancies/or positions available within your establishment that you are hoping to fill. We believe that there is currently no one place to find specifically local, sustainable, and/or plant-based jobs/farming volunteering roles, so we want to go straight to the source and give you that place to post collectively as a community!
Earthy Offers - This is the place to come to highlight any special offers or current deals your business may have on offer. Draw in new customers or impress your regulars by advertising any monthly/weekly or daily special offers, promotional offers/discount codes, etc. you decide to make available! If it’s a special offer, this is the place to post about it! As a farmer, sometimes you might have excess produce. Skip the food waste and losses and instead advertise any excess produce you might have at a slightly reduced cost so that you can still make a profit and avoid the dreaded food waste too :)
Earthy Events - Here you can advertise any upcoming free* public events that you may be hosting for example; a sales event, a market, a tour (of the farm e.g.), an opening event, swapping event, clean up event, sea swim event, community event, a family event, seasonal event or any creative activity you can think of really! Charity events will also be permissible but you will be required to give evidence that the event is for charity and not for personal/business monetary gains.
While all TEM business members will have access to Earthy Offers and Earthy Events, with The Full Turnip Package and the Seedling Package, you will also have full use of our `Earthy Notices' Service to advertise any jobs/ volunteering roles you may be hiring for at any time. If you would like to post to `Earthy Notices' at any stage please email us at
*The event must have no attendance or entry fee.
We reserve the right to refuse service, deny authorisation, terminate, delete or remove any content shared to our Earthy Services, at any time and for any reason.
The Earthy Marketplace and our tree planting mission
At The Earthy Marketplace, we believe in giving back to nature directly. We also believe that to begin to tackle the biodiversity crisis and climate change, we need to start thinking differently and collectively. That's why every month, with the help of our friends over at tree-planting initiative Reforest Nation, we have decided to ensure that a percentage of our service fee goes towards planting native Irish trees every month. If you wish to help us in our tree planting mission, you can opt to plant one or two native trees monthly depending on which of our service packages you choose. Depending on which package you decide on, one or two of our native tree icons will be displayed on your permanent business feature to indicate your participation in our reforestation mission! Our commitment to give back to nature in this way will contribute not only towards offsetting the carbon footprint of The Earthy Marketplace community but also aid biodiversity and help to reforest and re-wild Ireland.
The Tree Tally
Our Tree Tally can be seen on The Earthy Marketplace Home page. This will be updated weekly by TEM to keep everyone up to date on the total number of native trees planted by The Earthy Marketplace community to help restore Ireland's forests. Each business and farm taking part in our tree planting mission will have our native tree icon or icons (depending on how many trees they opt-in to plant each month-1or2) added to their gallery for public view. This can be done by the business themself or by TEM.
Intellectual Property
- Your TEM Business Account- When you subscribe to our Services you will be required to create an account, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify TEM of any unauthorised uses of your account or any other breaches of security. TEM will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of TEM Business members- If you post material or links or otherwise make (or allow any third-party to make) material available through the TEM Services (any such material, “Content”), to any of the Earthy Services or anywhere on TEM Services, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or any other post-able content. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third-party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence and does not violate the privacy or publicity rights of any third party; the content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites and similar unsolicited promotional methods; the content is not named in a manner that misleads your readers into thinking that you are another person or company; and you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by TEM or otherwise. you will conform to the regulations of the General Data Protection Regulation including (but not restricted to) the following: Inform your customers what information you collect about them and how it is processed. Give your customers the right to restrict that processing. Give your customers access to their data and agree to correct any incorrect information. Erase customer data if they request deletion.
The contents of the services are owned by or licensed to TEM. In the case of User Materials (as defined in the "User Materials'' section below) the contents are licensed to TEM by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license, or use for commercial purposes any copyrighted material on the services without the prior written consent of TEM, except as provided below. All rights not expressly granted in these Terms of Use are reserved to TEM.
You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the services.
You may copy, or download, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include, without modification, all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests TEM promotes or endorses your, or any third-party's, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use apps, widgets, and tools on the Services that allow selected User Materials to appear on your mobile device, personal, noncommercial website, weblog, or other application, subject to the conditions in the preceding sentence. No quotes from any material on the Services may be used in any media without attribution to TEM.
Any other use of Services content requires prior written permission from TEM.
Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
User Materials
TEM Business membership allows users to post, upload, transmit, and/or otherwise submit (hereinafter "Submit") text, photos, images, videos, and other content materials on or through our Services ("User Materials"). You agree to post only content you own or licensed and were not acquired through theft or other unlawful means. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by the TEM staff and on the Services by the general public. You acknowledge that the Services are for public and not private communications.
TEM reserves the right to screen, refuse to post, remove or edit User Materials at any time and for any reason or no reason in its absolute and sole discretion without prior notice, although it has no duty to do so. If TEM elects to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If TEM has questions about your User Materials, TEM retains the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you submit on or through the Services. However, by submitting User Materials on or through the Services, you are agreeing that the information and images submitted may be used by TEM and may be published on our websites and/or in all other mediums. By submitting User Materials, you hereby grant TEM, its affiliates, and their respective licensees, a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publish, publicly perform, display, create derivative works of, host, index, cache, tag, encode, reproduce, edit, display, and/or adapt your User Materials in any media formats or channels, whether now known or hereafter devised, throughout the world and for any purpose including, but not limited to, TEM, its linked pages, applications and services, third party licensee web sites, applications and services, over the air (on all forms of radio or television), TEM print publications, and other applications and services later devised, without payment and further consent or notice to you. You further grant TEM, and their licensees the right to contact you in connection with your User Materials and to use your member name, address, and other information that you have provided in connection with the User Materials as defined in our Privacy Policy.
In addition, you grant each user of the Services, third-party websites (such Instagram, Facebook, and partner API sites where TEM data is shared and/or promoted), applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Services, third-party websites, applications and services, and to use your User Materials under these Terms of Use and the terms of use of the third-party websites, and as permitted by the functionality of the Services and third-party web sites, applications and services (such as through widgets, RSS feeds and other methods similar or dissimilar, now known or later devised).
Entries submitted for posting are selected entirely at the discretion of TEM. You acknowledge and agree that The Earthy Marketplace shall have no obligation to post display, or otherwise make publicly available any photo, information, or other content submitted by you, and may, in its sole discretion, remove, edit, modify or delete any photo, information, or other content that you submit to the Services.
By submitting any photo, content, or information to us, you represent that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to TEM. You understand and intend that any photo, content, or information submitted by you to TEM may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy may be published or otherwise become associated with any photo, content, or information you submit to the Services.
Businesses will be able to add a video(s) to their TEM account. Members must ensure that the content of any videos shared to your TEM account is suitable and relevant. TEM reserves the right at any time to remove any content that we deem to be inappropriate or misuse of our Services without any notice.
TEM respects the intellectual property rights of others. It is, therefore, our policy to expeditiously process, investigate and address notices of alleged infringement, and to take appropriate action under the relevant intellectual property laws.
You agree that you will not:
- use the services for promotional or commercial purposes, except as expressly permitted by TEM;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Services Content (other than your own added content), except as expressly authorised by TEM;
- reverse engineer any portion of the Services, except as may be permitted under the law;
- remove or modify any copyright, trademark, or other proprietary rights notice on the Services or any materials printed or copied off of the Services;
- use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index the Services or any Services Content except for RSS feeds;
- access, retrieve or index the Services to construct or populate a searchable database of business reviews;
- reformat or frame any portion of the Services without consent by TEM;
- take any action that (i) imposes or may impose, in TEM's sole discretion, an unreasonable or disproportionately large load on our infrastructure or server, including but not limited to, throttle violations; (ii) interferes or attempts to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypasses any measures we may use to prevent or restrict access to the Services;
User Conduct
As a condition of use of the Services, you promise not to use the Services or any services available on the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by TEM. You understand that you are expected to respect the rights of others as a condition of your use of the Services.
Solely as examples, and not in any way limited to the following examples, you agree not to use the Services:
- To abuse, harass, threaten, stalk, impersonate, or intimidate other users of TEM
- To post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that is degrading, intimidating, or hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age or disability
- For any illegal or unauthorised purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content
- To post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any TEM user
- To create or submit unwanted emails or communications to any other users of TEM
- To use or access the Services in any manner that violates any laws in your jurisdiction
- To submit links to or comments soliciting on behalf of multi-level marketing schemes (so-called pyramid schemes)
- To attempt to impersonate another user or person
- To sell or otherwise transfer your profile.
The Earthy Marketplace Forums & Posting Services (“TEM Services”) incl. but not limited to Earthy Notices, Earthy Offers, Earthy Events, and Suggest a Listing.
We place love, care, respect, honesty, and integrity at the core of what we do. The Earthy Marketplace welcomes users who:
- are concerned about their impact on the environment and interested in reducing their carbon footprint. (TEM believes that ultimately the solution to the climate emergency lies on the shoulders of governments and large corporations, alongside that, we as individuals can and should take personal responsibility for our carbon footprints.)
- want to practice conscious and ethical consumerism to live more sustainably, begin to eat plant-based, and help support their local economy.
- want to vote with their money by using positive purchases to support businesses that reflect their ethics and values and prioritise sustainability above the drive for profit.
- are plant-based i.e vegan, vegetarian, or are interested in eating more ethically and sustainably by choosing more of your foods from plant sources.
And businesses who are defined by any of the following:
- any plant-based food places that are vegan and/or vegan-friendly based in and operating out of the Republic of Ireland. In keeping with the conscious consumerism ethos of TEM, we believe that veganism is the most ethical and sustainable diet, and therefore TEM reserves the right to promote food places that support veganism in all or some of their dealings.
- organic farmers and processors based in and operating out of the Republic of Ireland, selling plant produce (for example but not limited to seasonal fruit, vegetables, herbs, edible flowers, legumes, beans, lentils, grains, and cereals) directly to customers. Offering farm gate collections, local deliveries, and/or nationwide deliveries.
- any small sustainable business based in and operating out of the Republic of Ireland that must be characterised by some or all of the following;
- choose ethical and sustainable suppliers, that comply with international standards of human rights and environmental protection,
- buy in bulk to reduce packaging,
- source or produce organic,
- are plastic-free, use only sustainable, natural, organic, and or locally sourced material,
- donate a percentage of every purchase to support climate benefiting initiatives, NGO’s and/or charity/charities,
- use eco-friendly coffee cups, cutlery, plates,
- create high-quality items in limited amounts,
- use recyclable, reusable, repurposed, and/or compostable materials,
- are plant-based (offer vegan/vegan-friendly options),
- seek to educate customers about the importance of sustainability,
- choose to reduce, reuse and recycle,
- support local environmental groups,
- Connect to power from green energy suppliers,
- Use ethical banks,
- Promote sustainable production processes throughout the cycle.
TEM does not outwardly endorse the use of animal products, but we accept that some TEM members are not exclusively vegan and therefore will sell animal-derived produce.
TEM reserves the right, at its sole discretion, to modify the terms by which we define an applicable user or business to be granted account access on or through the services of TEM, at any time and without prior notice.
Not allowed:
- Trolls, pro-meat/hunting/etc debate
- Personal attacks on other members
- Multiple accounts
- Content inappropriate for minors: profanity, sexual content, promoting illegal activities, etc.
- Members under 13 years of age
- Posting private contact information (address/phone/email/etc) of others
- Posting promotions unrelated to the ethos of TEM
- Posting promotion of animal abuse
Violators may be subject to warnings, suspensions, or banned from the TEM Services at the discretion of TEM's administrators.
Right to Terminate
TEM reserves the right, at its sole discretion, to modify, discontinue or terminate the TEM Services, Application, or to modify these Terms, at any time and without prior notice. TEM may terminate or suspend any and all services provided to you, as well as the termination or suspension of any TEM account immediately, without prior notice at any time and for any reason or no reason. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You may cancel your Account at any time. See our Privacy Policy.
International Users
TEM is controlled and operated within the Republic of Ireland. TEM makes no representation that content, materials, or products available on or through TEM are appropriate or available for use outside of the EU. If you are accessing TEM from a location outside the EU, then you are responsible for compliance with applicable laws, including local laws regarding online conduct and content, and EU export laws and regulations
Links and Search Results
The Services may automatically produce search results that reference or link to third-party sites. TEM has no control over these sites or the content within them. TEM cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. TEM does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the TEM Services to search for or link to another site, you agree and understand that you may not make any claim against TEM for any damages or losses, whatsoever, resulting from your use of the TEM Services to obtain search results or to link to another site. If you have a problem with a link from the TEM Services, please notify TEM, and TEM will investigate your claim and take any actions we deem appropriate at our sole discretion.
The service of the site, content, and Services are provided on an "As Is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Spam Policy
You understand and agree that sending unsolicited email advertisements or posting unsolicited advertisements through the TEM Services' computer systems in any way is expressly prohibited by these terms. Any unauthorised use of TEM computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Indemnity
By your use of the TEM Services, you agree to indemnify and hold harmless TEM and its customers from any liability, damage, or cost (including reasonable attorneys' fees and cost) from any claim or demand made by any third party related to or arising from your access to the TEM Services, use of the services available on the TEM services, violation of these Terms of Use, or the infringement by you, or any third-party using your account or site User ID, of any intellectual property or other rights of any person or entity.
Limitation of Liability
You agree that in no event shall TEM be liable under contract, tort or strict liability, negligence, or any other legal theory (i) concerning the TEM Services, the services available on the TEM Services, or any content available on the TEM Services for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, (ii) for interruption of use or loss or corruption of data; or (iii) for any direct damages in excess of (in the aggregate) €100.
Disclaimer
If you create an account on TEM, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the TEM Services. You must not describe or assign content to your account misleadingly or unlawfully, including in a manner intended to trade on the name or reputation of others, and TEM may change or remove any description or keyword that it considers inappropriate or unlawful. You must immediately notify TEM of any unauthorised uses of your account or any other breaches of security. You agree that TEM will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Although TEM reviews all content posted on or linked to TEM Services, TEM is not responsible for user-posted content, use, or effects. By operating the TEM Services, TEM does not represent or imply that it endorses the user material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking all necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and any harmful or destructive content.
You acknowledge that TEM has no control over, and no duty to take any action regarding which users gain access to the TEM Services or use the services available on the TEM Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release TEM from all liability for you having acquired or not acquired Content through the TEM Services or the services available on the TEM Services. The TEM Services may contain, or direct you to sites containing, information that some people may find offensive, inappropriate, or otherwise objectionable, as well as content containing technical inaccuracies, violations of privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TEM makes no representations concerning any content contained in or accessed through the TEM Services or services available on the TEM Services, and TEM will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the TEM Services or the services available on the TEM Services and disclaims responsibility for any resultant harm.
Contact Us
If you see content you believe to be objectionable or have any questions about these Terms of Use, please contact us at
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with TEM or in any way relating to your use of the TEM Services, resides in the Courts of the Republic of Ireland, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the Republic of Ireland in connection with any dispute including any claim involving TEM. These Terms and Conditions are governed by the laws of the Republic of Ireland, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Entire Agreement
These Terms of Use and the Privacy Policy constitute the entire and exclusive understanding and agreement between TEM and you regarding the TEM Services. These Terms of Use supersede and replace any and all prior oral or written understandings or agreements between TEM and you regarding the TEM Services.
The failure of TEM to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of any right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of TEM. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
