AS EXPLAINED IN FURTHER DETAIL BELOW, WHEN YOU USE ESCAPADA
These Terms and Conditions apply to any interaction you have with Escapada via electronic means. This may be by accessing and using our website www.escapadaretreat.com or such other sites that may be provided by us or by accessing and using our information, goods or services using a mobile or online application and references to the “site” in these terms and conditions will refer to an Application, where information, goods or services are offered through an application.
Please do read these terms carefully as they affect your rights and liabilites under the law.
If you do not agree to these Terms of Use and Purchase, please do not register, subscribe or use the Site or purchase any goods or services from us.
Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.
Escapada provides information, materials and services for registered users and casual users alike through its Site. Written, video and audio resources may be available, and the Site may also allow users to book retreats and training, publications and access other general information.
Access to certain services will require registration with the Site or Application and certain areas may be restricted to registered users.
These terms will apply to customers who have booked, purchased or paid for goods or services using the Site, to registered users and to those who simply view the Site (“you”).
By using the Services, you agree to be bound by these Terms of Use and Purchase. Please note that separate terms may apply to certain courses, retreats and other Services, which are provided by any means other than via our Site.
Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current Terms of Use and Purchase in full at the time you use the Services.
REGISTRATION
You can access many of our services without registering or subscribing but if you wish to view certain content or access certain service, you may be required to register with the site.
In addition there are cartain areas of our site and certain services, which may only be available to, registered members and other areas and services which may be subject to subscription or payment
When you register for one of our electronic services we will ask for certain personal information. Any personal information you provide us will be handled in accordance with our Privacy and Data Protection Policy
We reserve the right to cancel any registration at any time and for any reason
USER GENERATED CONTENT
We may offer opportunities for users to post content to our Site (“Content”).
We may remove Content from the Site for any reason but in particular, content, which does not comply with our standards, may be removed.
By publishing any Content on the Site you confirm that:
you are the author of the Content;
you own all of the intellectual property rights in the Content (unless the Content consists merely of information)
Any Content that you publish on our Site will be your personal responsibility. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.
You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.
You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content.
In particular you agree not to publish (or otherwise use our Services to distribute) any Content or engage in any activities which:
Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses any person or advocates harassment of any person;
Displays or promotes pornographic or sexually explicit material of any kind;
Does anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
Is illegal, infringes intellectual property rights, defames any person, breaches confidentiality or promotes any illegal activities;
Promotes illegal or unauthorised copying of another person’s copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
Provides instruction information about illegal activities, such as making or buying illegal weapons, violating someone else’s privacy or providing or creating computer viruses;
Contains or is subject to restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
Solicits passwords or personally identifying information from other users for commercial or unlawful purposes;
Involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”;
Promotes information that you know to be false or misleading;
Contains personal information e.g. names or contact details;
Or amount to commercial activities and/or sales, such as contests, sweepstakes, barter, advertising and pyramid schemes
Involve uploading any files using our Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
Access our Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
Solicit log-in information or accessing an account belonging to someone else.
Bully, intimidate, or harass any user of our Services.
Do anything unlawful, misleading, malicious, or discriminatory.
Do anything to disable or impair the proper working of the Services.
Do anything to suggest, express or imply that statements made by you are endorsed by us.
Impersonate any other person in any profile whether or not that other person is a user of the Services.
We reserve the right to remove any Content from our Services at any time and for any reason.
USE AND ABUSE OF THE SITE
We grant you a limited licence to access and make personal use of the Services, but not to download (other than page caching) the Site, or any portion of it, except with our express written consent.
If you come across any offensive, inaccurate or damaging material on our Services or if you are subject to any form of abuse or harassment we ask that you contact us immediately by emailing info@escapadaretreat.com
VIRUSES, HACKING AND OTHER OFFENCES
You agree not to upload any files or post or publish any using our Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your registration and right to use our Services will cease immediately.
We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
AVAILABILITY OF THE SITE
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with this Site you should report it to info@escapadaretreat.com and we will attempt to correct the fault as soon as we reasonably can.
Your access to our Services may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the Site may be restricted whether or not you have registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
OUR LIABILITY
We will operate the Services with the reasonable skill and care of an online service provider and no further warranties or indemnities are provided.
You should ensure that any decisions or practice made or implemented by you after viewing our content or materials are made taking into account other factors (apart from the information we provide) which you are aware of. In particular if you are subject to or suffer from any psychiatric, psychological or medical condition, which may be affected by participating in a Retreat or any of our other Services then you should take medical advice before engaging with any of our goods, services or content.
We shall not be liable to you by reason of any representation, or any implied warranty, condition or other term or any duty at common law, or under the express terms of these terms or this Agreement, for any consequential loss or damage (whether for lost profit, lost opportunity or lost reputation or otherwise), costs expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of goods or their use or resale by you, except as expressly provided in these conditions.
Our entire liability under or in connection with these terms and conditions shall not exceed the amounts paid by you to us.
Nothing in the this clause 13 or any other of these terms of use and purchase will exclude or limit our liability in respect of death or personal injury caused by our negligence
INTELLECTUAL PROPERTY
The format and content of our Services is protected by International copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on our Services. Material is provided for personal use and may not be copied, shared, resold or licensed to any other party.
Our Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of our Site without our express written consent.
NOTICE AND TAKE-DOWN
We will make all reasonable efforts to identify and remove content that is defamatory or infringing on intellectual property rights when notified but cannot be responsible where you have failed to provide the relevant information.
In the event that you believe that any content on the Site is defamatory or infringing on intellectual property right you should notify us in writing either by email to info@escapadaretreat.com or by post to Escapada Health Retreat, 6 Northcliffe, Chapelizod, Dublin 20, Ireland and including the following:
Your full name and contact details, including postal address, telephone number and e-mail address;
The exact URL or Service at which the defamatory or infringing content appears;
The content that you believe is defamatory or infringing on intellectual property rights;
The reason that you believe the content is defamatory or infringing on intellectual property rights;
A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
A signed declaration of truth in respect of the information in the notice.
Any statement made under this clause may be used in court proceedings.
INTERNATIONAL USE
We make no promise that materials on this Site are appropriate or available for use in locations outside the EU, and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the EU, you do so at your own initiative and are responsible for compliance with local laws.
You shall comply with all foreign and local laws and regulations, which apply to your use of our Site or our simple randomisation service in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
GENERAL
If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
We will not be responsible for any breach of these Terms of Use and Purchase caused by circumstances beyond our reasonable control.
We may make changes to the format of the Site, services provided or to the Site’s content at any time without notice.