THE FOLLOWING TEXT (”THESE TERMS”) OUTLINES THE TERMS AND CONDITIONS AND YOUR OBLIGATIONS AS A “BUYER” WHEN ACCESSING AND USING THE TMU WEBSITE, WEB PAGES, CONTENT, DATABASES AND INFORMATION (COLLECTIVELY REFERRED TO AS “THE PLATFORM”) RELATING TO MERCHANTS REGISTERED ON THE PLATFORM.

You can also carefully review our Privacy Policy which outlines our obligations and practices towards handling any personal information that you may provide to us.

These Terms shall be without prejudice to such other terms and conditions and TMU rules and policies that may be applicable to you as a user of the Platform.

In these Terms, all references to “TMU”, “the Company”, "our", "us", "we" and any similar expression shall refer to TMU Ireland Ltd, a company incorporated under the Laws of the Republic of Ireland and having company number 701630.

1. Fundamental Matters

a) We provide a Platform and venue where a merchant (“Merchant”) can upload, display and promote information and other content relating to its business as well as the products and/or services that the Merchant sells and/or provides. The Merchant’s content is uploaded and displayed in a dedicated area on the Platform (“Shop Window”).

b) Once you have registered an account with us, as a user of the Platform you will be able to access, browse and view the Shop Window of any Merchant to obtain more information about the Merchant, its business and its product and/or services.

c) If you would like to obtain more detailed information relating to the business, products and/or services of a Merchant (including the price of any products and/or services offered by the relevant Merchant), and if you would like to purchase any such products or services from such Merchant, you may:

(i) either visit any physical store, office, shop or other physical premises or space (“Premises”) from which the Merchant offers and sells or provides its goods or services, the location, address, opening times and other contact details of which may be included in the Shop Window; or

(ii) visit an online store on a website maintained and operated by the Merchant on which the Merchant offers and sells its products or services (“Online Store”), by clicking on a dedicated link in that Merchant’s Shop Window, in which case you will be taken directly to the Online Store from which you may choose to buy products or services from the Merchant.

d) WE NEED YOU TO UNDERSTAND THAT WHENEVER YOU DECIDE TO PURCHASE ANY PRODUCT OR SERVICE FROM A MERCHANT, YOU WILL BE ENTERING INTO A CONTRACT DIRECTLY WITH THE MERCHANT.  WE ARE NOT PART OF THAT TRANSACTION.

e) You are not buying directly from us, but from one of the Merchants that use the Platform.  

f) We do not pre-screen Merchants, nor do we guarantee or endorse any items or services sold or content posted by such Merchants.

g) Each Merchant is required to give you sufficient detail prior to you agreeing to proceed with the purchase of any product or service offered by the Merchant.  If you are not sure about a product or service offered by a Merchant or if you require any clarifications, please contact the Merchant before you purchase the item.

2. Purchase & Payment

a) The purchase of any products or services from a Merchant will be subject to the relevant Merchant’s terms and conditions, privacy policies, cookie policies and any other similar policies which may be applicable (“Merchant Terms & Policies”).

b) The Merchant Terms & Policies should be made available to you either on its Online Store or in its Premises (as the case may be), before you agree to purchase any product or service from such Merchant.

c) We do not vet, monitor, check or otherwise review any Merchant Terms & Policies. Nor do we check, monitor, verify and ensure that the Merchant displays, provides and/or maintains appropriate Merchant Terms & Policies on its Online Store or in its Premises, and we do not attest or otherwise certify the quality, clarity, sufficiency, legality or validity of any such Merchant Terms & Policies.

d) We are not responsible for the Merchant Terms & Policies. Each Merchant is responsible for its Merchant Terms & Policies, as well as any and all issues related to products or services offered in its Online Store or Premises (as the case may be).

e) It is your sole responsibility to ensure that you review the relevant Merchant Terms & Policies before agreeing to purchase a product or service from the Merchant. If you have any questions relating to the Merchant Terms & Policies that may be applicable to a purchase of any product or service by you from a Merchant, or if you are unable to view or otherwise obtain such Merchant Terms & Policies, please contact the Merchant prior to agreeing to complete any such purchase. Only purchase a product or service from a Merchant if you are comfortable with and have a full understanding of all information provided by the Merchant.

f) Whenever you purchase any product or service from a Merchant, we will assume, without further enquiry, that the Merchant has provided you with all the Merchant Terms & Policies related to such purchase, and that you have read, understood and agree fully to the contents thereof.

g) In order to buy a product or service from a Merchant, you need to pay the Merchant by using one of the payment methods that the Merchant lists as an acceptable method of payment in its Online Store or at its Premises (as the case may be).  

h) When purchasing a product or service directly from an Online Store, you will be requested to effect payment of the price for such product or service through the dedicated checkout payment service provided by the Merchant in its Online Store. You will also be requested to provide personal details, which may include for instance your billing and delivery address and payment card details. We do not provide any integrated checkout or similar services to Merchants. Each Merchant is separately responsible to ensure that it processes and completes any sale or provision of its products or services to you and any related payments. We do not process payments made and thus have no control over the process. Nor do we provide any services, support or assistance to Merchants in relation to the processing of their transactions. We do not endorse nor guarantee and we are not responsible for the processing of any payments by any payment processor engaged by the Merchant. Each Merchant is solely responsible for any and all issues arising from the processing of your transactions.

i) Personal details that you enter on a Merchant’s Online Store or which you otherwise provide to the Merchant, will be collected, stored and processed in accordance with its Merchant Terms & Policies. You must read and accept the Merchant Terms & Policies before purchasing any product or service from the Merchant. We are only responsible for personal information collected on the Platform – please see our Privacy Policy and Cookie Policy for further information.

j) Kindly note that payment processing fees may be due.  If you have any doubt whether such fees are due, please contact the Merchant prior to agreeing to complete the purchase.

k) You may use and apply PACs when purchasing goods or services from a Merchant directly on and from its Online Store, but not at the Merchant’s Premises.  Further information about the use of PACs is provided in the PACs Rules accessible here.

3. Disputes & Reporting of Dubious Items or Services

a) Even though we are not involved in the conclusion of the transaction between yourself and the Merchant, we believe that all our users can contribute towards ensuring that the Platform is used correctly. Please help us ensure that the Platform is used appropriately by taking one of more of the following actions.

b) If you suspect that any product or service offered by a Merchant breaches your or any third-party rights or any of our policies or terms, or if you consider that any offering is fraudulent, deceptive or undesirable, please get in touch with us.  Unless you notify us otherwise, we will keep such a report confidential.

c) If you have an issue with an item that you have ordered (such as an item being delivered not as described, faulty or damaged, or an item not delivered within the prescribed time frame), we encourage you to first attempt to sort the issue directly with the Merchant.  If the matter is not solved to your satisfaction, please let us know and provide us with any information that you consider reasonable in this respect.  Even though we will not be able to issue you with any refund or provide you with any additional remedy, we will take any action against the Merchant which we consider reasonable, such as the suspension or closure of the Merchant account.

d) The European Commission operates and maintains an online European dispute resolution platform (referred to as the ‘ODR Platform’). The ODR Platform is an interactive website which may be accessed, free of charge, by the Buyer (if you are a consumer resident in the European Union, Iceland, Liechtenstein or Norway) and a Merchant (which is established within the European Union, Iceland, Liechtenstein or Norway) in order to seek the out-of-court resolution of your disputes. The ODR Platform, and more information on its use, may be accessed through the following link: ec.europa.eu/consumers/odr.

4. Cancellations & Returns

a) TMU has no responsibility for the fulfilment of any purchase made by you from a Merchant. You should contact the relevant Merchant from which you have bought a product or service directly in respect of any queries you may have on the delivery, refund, exchange or return of any product or service so purchased by you.

b) The Merchant may reserve the right to cancel a transaction on limited occasions and as further outlined in the Merchant Terms & Policies.    

c) The Merchant is required to disclose clearly the return policies relative to the sale that is carried out by the Merchant.  Please review these carefully as the return policies of one Merchant may differ from those of other Merchants, or to the terms that you are accustomed to. If you reside in the European Union and the Merchant is also established in the European Union, you may be entitled to a 14-day “cooling off period,” or a “right of withdrawal,” during which you may return an item for any reason.

d) In case of return of the purchased product or service, TMU may at its discretion consider the possibility of refunding the PACs used by the Buyer to obtain a discount on such product or service from the Merchant.

5. Warranties

a) Your use of the Platform is at your sole risk. The Platform is made available to you on an "as is" and "as available" basis. TMU and its affiliates expressly disclaim and exclude, to the fullest extent permitted by applicable law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

b) TMU and its affiliates make no warranty or condition that (i) the Platform will meet your requirements, (ii) the Platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Platform will be accurate or reliable, or (iv) the quality of any products, services, information, or other material described or displayed on the Platform will meet your expectations.

c) The Platform contains links to other websites, including Online Stores maintained by Merchants. TMU is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Platform does not imply approval or endorsement of the linked website by us. If you decide to leave the TMU website and Platform and access these third party websites, you do so at your own risk.

6. Intellectual Property Rights

Content belonging to TMU

a) The Platform and all content as may from time to time be uploaded to or displayed on the Platform by TMU (hereinafter “Our Content”), are protected by trademark, copyright and other laws protecting intellectual property and confidential information. All rights are reserved. Reproduction, transfer, distribution or storage of part or all of Our Content in any form (which for the avoidance of doubt include software, images, photographs, videos, audio, and text) without our prior written permission is prohibited except in accordance with the following permission. We consent to you storing on your computer or printing copies of extracts from these pages for your personal use only. Individual documents on the Platform may be subject to additional terms indicated in those documents.

b) You acknowledge that the software and all material which may be visually and/or audibly presented to you in your use of the Platform is either our intellectual property (including, but not limited to, copyright, domain name rights and trademarks) or of our licensor and in this regard you acknowledge that you have no rights whatsoever to use or lay claim to any intellectual property belonging to us and/or our licensors.

c) No unauthorised use of trustmeup.com, or any other uniform resource locator (“URL”) owned and/or used by us, may be made on another website or digital platform without our prior written consent.

d) You agree not to monitor, use or copy the Platform or Our Content except where this is allowed explicitly. Any unauthorised use or reproduction may be prosecuted.

e) Any data and any information licensed to us from third parties is provided for use on the Platform only and may not be used for any commercial purposes without the consent of such third parties.

Content uploaded by You

f) TMU does not claim ownership rights in any content as may from time to time be uploaded to or displayed on the Platform by you or by us on your behalf (hereinafter “Your Content”). You grant TMU a licence solely to enable TMU to use any information or Your Content you supply TMU with, whether by means of the Platform or otherwise, so that TMU is not violating any rights you might have in Your Content. You grant TMU a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right (with the right to authorise further sublicensing) to exercise the copyright, publicity, and database rights you have in Your Content, in any media now known or not currently known, with respect to Your Content. You agree to allow TMU to store or re-format Your Content on the Platform and display Your Content on the Platform or in any other media or means of communication in any way as TMU chooses (including modifications which do not modify the meaning of the content, such as for example, translations).

g) To the fullest extent permitted by law, you waive your moral rights in relation to Your Content and irrevocably undertake not to assert any such rights against us or any of our authorized users or assignors.

h) You hereby indemnify, defend, and hold TMU harmless against all loss, liability or expense (including reasonable attorney and witness fees and expenses) arising out of any claim brought by a third party that Your Content infringes upon, misappropriates, or otherwise violates any rights (including intellectual property rights) owned or controlled by a third party.

i) By posting Your Content on the Platform or in any other media or means of communication, it is possible for an outside website or a third party to re-post Your Content. You agree to hold TMU harmless from any dispute concerning this use.

Other

j) If you believe that any Content breaches your or any third party rights, please get in touch with us without any delay by sending an email to support@trustmeup.com.

k) The TMU Privacy Policy outlines TMU’s practices relative to data protection and privacy.  

7. Other

a) For information relating to the main parameters which TMU applies for the purposes of ranking and giving prominence to Merchants and their Shop Windows on the Platform, please refer to our Ranking Policy which may be accessed here.

b) TMU does not: (a) provide any payment services in terms of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (or PSD2); (b) act as a commercial agent in terms of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents; (c) receive, hold, control, manage, deliver or otherwise administer any goods or services (or their respective listing or sale) or payments therefor on behalf of and for the benefit of any Buyer or Merchant.

c) You are fully and solely responsible to check that the use of the Platform and our services are legal in your country of residence or where you are accessing the Platform.

d) The whole or any part of the Platform may be suspended by us in terms of other terms, conditions, rules and policies as may be applicable to you as a user of the Platform.

e) You expressly understand and agree that, to the fullest extent permitted by applicable law, neither TMU nor its affiliates will be liable for any (a) indirect, incidental, special, consequential, punitive or exemplary damages, (b) damages for loss of profits, (c) damages for loss of goodwill, (d) damages for loss of use, (e) loss or corruption of data, or (f) other intangible losses (even if TMU has been advised of the possibility of such damages), whether based on contract, tort, negligence, or otherwise, resulting from (i) the use or the inability to use the Platform; (ii) the cost of procurement of substitute goods or services resulting from any purchase or messages received or transactions entered into through or from the Platform; (iii) any promotions and related prizes or rewards made available through the Platform; (iv) unauthorised access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Platform; or (vi) any other matter relating to the Platform. To the fullest extent permitted by applicable law, in no event will TMU’s total liability to you for all damages, losses (including contract, negligence, statutory liability or otherwise) or causes of action exceed the amount of one hundred Euro (€100).

f) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Platform or with these Terms or any TMU rules and policies, your sole and exclusive remedy is to discontinue use of the Platform.

j) If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

h) We reserve the right to modify, change or in any way amend the contents of these Terms at any time, but in any case we will inform you accordingly, by means we deem reasonable in the circumstances.

i) Where these Terms are prepared in various languages other than the English Language, this shall be done for reference only. In the event of there being any discrepancies between the English language version of these Terms and any other language version, the English language version shall prevail.

8. Data Retention

a) Save as otherwise disclosed in the Privacy Policy or as otherwise required under applicable law, you acknowledge that TMU is under no obligation to retain or preserve any data in relation to any of your details, transactions or activity and that TMU reserves the right to delete data or to terminate accounts at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

9. Disputes: Choice of Law & Jurisdiction

a) These Terms and your use of the Platform shall be governed and construed in accordance with the Laws of the Republic of Ireland.

b) You irrevocably agree to submit yourself to the non-exclusive jurisdiction of the Courts of the Republic of Ireland for settlement of any matter or dispute whatsoever arising out of these Terms or the use of the Platform.

3) In any case, this choice of applicable law and jurisdiction shall not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.