jumpAgradeTerms&Conditions
This page (together with our Privacy Policy) tells you information about jumpAgrade Ltd (‘jumpAgrade’, ‘Our’, ‘We’, or ‘Us’) and the legal terms and conditions (‘Terms’) thatapplywhenyouusethejumpAgradeplatform(‘Oursite’).
OurService
JumpAgrade is an online software platform that allows students to improve their grades through personalised feedback on the work they do in preparation for second level exams. jumpAgrade captures the value of the traditional private tutoring service, this being the prompt and detailed feedback a student receives from a tutor, but delivers it to students in a more efficient, convenient and affordableway;throughamobileappandwebplatform.
Definitions
“Adult User” – A person over the age of 18 who contracts with jumpAgrade for the provision of Our Service to a Student User (defined below). [Once Payment (as defined below) is made an Adult User is deemed to have consented to a Student UserusingOurService;]
“Booking” - A Booking is made where an Adult User completes a form on Our Site and completes payment for Our Service in accordance with these Terms. [Each Booking entitles a Student User to 4 weeks of Questions, and provided Submissions aremade,FeedbackfromtherelevantTutorUser;]
“Feedback” A communication provided by a Tutor User to a Student User relating to aSubmission;
“Platform” – The part of Our Site where Tutor Users can upload Problem Sets and StudentUserscanreceiveproblemsetandsubmitSubmissions;
“Problem Set” – A personalised set of questions which a Tutor User prescribes to a StudentUserfollowingacompletedBooking;
“Submission” The work submitted by a Student User in response to the weekly Problem Set prescribed by a Tutor User. Only one Submission can be made per ProblemSet;
“Tutor” Tutors
“Tutor User” - Tutor users are service providers to students which are facilitated throughthejumpAgradeplatform;
[“Site User” - Any registered user on the jumpAgrade platform, including all registered“AdultUsers”,“TutorUsers”and“StudentUsers”.]
OurServices
JumpAgrade offers parents an innovative and flexible ‘out of school’ study option for any Leaving Certificate student on a range of subjects (see the ‘Services’ section of Our Site) through the provision of tailored Problem Sets by an experienced Tutor in addition to detailed Feedback and guidance from Tutors on all Submissions made throughOurPlatform(“OurService”).
Our Platform then facilitates a Tutor User (e.g. Math Leaving Certificate tutor) to provide a set of problems/questions to a Student User on a chosen area of a
With each Booking a Student User will receive a weekly Problem Set over a 4 week period. Once a Problem Set has been received and completed by a Student User they are entitled to make one Submission per week to the Tutor User. Once a Submission has been entered on Our Platform by a Student User, it is the responsibility of the TutorUsertoprovideFeedbacktotheStudentUserwithina48hourperiod.
You agree that by registering a profile and accessing Our Site or using Our Services, or any content or information provided as part of Our Services, you are entering into an agreement with Us, such agreement being governed by these Terms. Please read these Terms carefully and make sure that you understand them before using Our Site and purchasing Our Services. Please note that before a Booking can be confirmed you will be asked to agree to these Terms. If you refuse to accept these Terms,youwillnotbeabletoavailofOurServices.
We may amend these Terms from time to time. Every time you wish to use Our Site and order Our Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on the 21 st day of September 2017.
jumpAgrade Ltd is a business registered in Ireland (Company Number: 569565 whose registeredofficeisatHeywoods,Castleconnell,Co.Limerick.
1. jumpAgradeRights&Responsibilities
a) To help Student Users, by facilitating the provision of personalised learning tuition services by Tutor Users.
b) To ensure, as much as possible, that Our Site remains functional, including systems, the booking system and payment processing.
c) To communicate any planned maintenance of Our Site or downtime.
d) To reasonably endeavour to keep Our Site free from viruses and worms.
e) To decide when a Tutor’s profile is sufficiently complete to be set live and be by other Users.
f) To communicate new Bookings, confirmation of Bookings, and Cancellations, both Student Users and Tutor Users via the mode of communication by them upon registration.
g) To process each Adult User’s payment promptly, and usually within 7 days of Booking, provided there is no Complaint.
h) To investigate Complaints to a reasonable degree by promptly informing the Adult Users, Student Users and Tutor Users of issues raised (see section below) [and allowing them to represent themselves by
i) To process Refunds promptly in circumstances where an Adult User claims for a Refund in accordance with these Terms. [in the event lessons/feedback do not take place, a Complaint is upheld and under the of our refund policy.]
j) To take all precautions we consider reasonable and necessary to protect Users and Tutor Users information. jumpAgrade will only use in accordance with its Privacy Policy. jumpAgrade will not be held for unauthorised use of information by Adult Users, Student Users or Users.
k)
To
monitor
Submissions,
postings
and/or
messages
made
on
Our
website
all
communications
made
between
Student
Users
and
Tutor
Users
Our
Platform.
[We
do
so
in
the
hope
of
helping
Students
and
Tutors
meet,
2.UserResponsibilities
Asdefinedatthebeginningofthisdocument,a“User”meansapersonwhouses OurSite(whetherornotregisteredwithus).
a) Users are responsible for their own security in conjunction with our services, online and offline.
b) Users are solely responsible for the material they post on Our Site, including sent, and must not post defamatory, offensive or illegal material.
c) Users must immediately report any defamatory, offensive or illegal material view on our website.
d)
Users
must
exercise
their
own
judgement
regarding
the
accuracy
of
provided
on
the
website.
jumpAgrade
cannot
guarantee
that
all
e) Users are responsible for their own internet security when using the website.
f) Users must contact jumpAgrade immediately if they believe their password been compromised. Users will be responsible for the actions of any conducted in their name until they have notified jumpAgrade
g) Users must not use the site with the intention of disintermediating in any way. Users must not use the platform with the intention disintermediating jumpAgrade in any way. Users must not promote or services of any company other than jumpAgrade.
h) Users agree to abide by the Privacy Policy provided through the platform.
i) Any User who fails to meet these terms and conditions may be barred from the platform and related services.
3. StudentResponsibilities
Asdefinedatthebeginningofthisdocument,a“Student”meansaUserwhohas registeredaStudentaccountonthewebsite.
a) jumpAgrade takes no responsibility for the actions of Students or Tutors and solely responsible for its own actions.
b)
Students
must
be
18
years
old
to
book
a
submission
for
themselves,
or
be
by
a
parent
or
legal
guardian
who
gives
consent
for
them
to
tuition.
Students
must
ensure
that
all
of
their
personal
details
and
c) Students have up to 12 hours before their first Lesson with a new Tutor is due commence to confirm the booking. To confirm a booking, Students must valid payment details on our platform. In confirming their booking with Tutor, the student is entitled to a weekly submission to the tutor where the is to provide feedback between 24 and 48 hours.
d) When a booking is confirmed, Students enter directly into a contract with The terms and conditions within this document cover all between the Students and Tutors.
e) When a confirmed booking exists, Students must ensure that they have a debit/credit card registered on our platform, with sufficient funds to the bookings they have confirmed.
f) Students cannot pay the Tutor directly. All payments must be made through jumpAgrade platform.
g) Students agree that there will be no attempts to disintermediate jumpAgrade any way, either at the time of booking or at any point in future and that all
futureLessonswithaTutorfoundthroughtheplatformwillbebooked throughjumpAgrade.
h) Students must use their own judgement about the services of Tutors detailed the platform.
i) Any Student who fails to meet these Terms and Conditions may be barred from using the platform and related services. reserves the right to cancel any existing bookings.
4. Adult Responsibilities
Asdefinedatthebeginningofthisdocument,a“Adult”meansaUserwhohas registeredaadultaccountonthewebsite.
j) jumpAgrade takes no responsibility for the actions of adults, Students or and is solely responsible for its own actions.
k)
Students
must
be
18
years
old
to
book
a
submission
for
themselves,
or
be
by
a
parent
or
legal
guardian
who
gives
consent
for
them
to
tuition.
Adult
users
must
ensure
that
all
of
their
personal
details
and
l) Adults have up to 12 hours before their first Lesson with a new Tutor is due commence to confirm the booking. To confirm a booking, Students must valid payment details on our platform. In confirming their booking with Tutor, the student is entitled to a weekly submission to the tutor where the is to provide feedback between 24 and 48 hours.
m) When a booking is confirmed, Students enter directly into a contract with The terms and conditions within this document cover all between the Students and Tutors.
n) When a confirmed booking exists, Students must ensure that they have a debit/credit card registered on our platform, with sufficient funds to the bookings they have confirmed.
o) Students cannot pay the Tutor directly. All payments must be made through jumpAgrade platform.
p) Students agree that there will be no attempts to disintermediate jumpAgrade any way, either at the time of booking or at any point in future and that all Lessons with a Tutor found through the platform will be booked jumpAgrade.
q) Students must use their own judgement about the services of Tutors detailed the platform.
r) Any Student who fails to meet these Terms and Conditions may be barred from using the platform and related services. reserves the right to cancel any existing bookings.
4.TutorResponsibilities
Asdefinedatthebeginningofthisdocument,“Tutor”meansaUserwhohas registeredaTutoraccountontheplatform.
a) Tutors are not employees of jumpAgrade and are solely responsible for their actions both on and off the platform.
b) Tutors must be at least 18 years old.
c) If Tutors contact Students who are under 18, they must ensure that these are represented by a parent or legal guardian who gives consent for Student to receive tuition.
d) Tutors are responsible for ensuring that the personal information they and their personal statements on the platform are accurate and in no misleading. They must update this information to maintain its accuracy.
e) Tutors must disclose any criminal convictions or cautions they may have to
f) Tutors agree that they will be ranked based on a mixture of profile data, ratings and number of lessons taught.
g) Tutors should confirm bookings and respond to messages received from and Users promptly.
h) Tutors should make no attempts to solicit Students or disintermediate in any way, either at the time of booking or at any point in
i) Tutors must not complete coursework, or any similar assignments, on behalf Students.
j) Tutors must ensure that all written communication with Students takes place the platform.
k) Tutors shall indemnify jumpAgrade for all claims and liabilities arising out of use by the Tutor of the platform, including costs and expenses incurred.
l) Any Tutor who fails to meet these Terms and Conditions may be immediately from using the platform and related services. jumpAgrade reserves right to cancel any existing bookings, at any time.
m) Tutors are responsible for checking that bookings made by students are within the agreed timeframe of 48 hours.
5. MissedFeedback
a)
A
“Missed
Feedback”
means
a
claim
by
a
Student
that
they
have
not
received
b) A Student must inform jumpAgrade of a Missed feedback by phone or email 48 hours of the scheduled finish time of a Lesson, to be entitled to a
c) When a Student informs jumpAgrade of a Missed feedback, jumpAgrade will the Tutor within 72 hours by email and text message to inform them a Missed feedback claim has been raised.
d) To contest a Missed feedback claim, Tutors must contact jumpAgrade by or email within 48 hours of being informed of the claim.
e) If the Tutor has not provided timely feedback to the student within 48 hours the submission, jumpAgrade will process a full refund for the cost of the
1.UseofOursite
1.1. By using Our Site you confirm that all the information you provide when you
create a profile, place a Booking, and/or register a payment account with
1.2. You agree that when using Our Site and interacting with other Site users that you will:
i. only use Our Site for lawful purposes;
ii. not use Our Site in a way that may lead to the encouragement, procurement or carrying out of any criminal activity;
iii. only have one profile on Our Site, which must include accurate information, including your real name;
iv. not access or attempt to access the accounts of other Site users;
v. [not provide or attempt to provide contact details to other Site users within the description information on your profile; ]
vi. not use Our Site in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of Our Site;
vii. not breach the provisions of Section 10 of these Terms (usage of Intellectual Property);
viii. not knowingly or negligently introduce viruses, Trojans, worms or other harmful material onto Our Site or Our servers;
ix. not penetrate or attempt to penetrate Our Site security measures, or attack
Our Site servers via a
1.3. We have the right to remove any material posted on Our Site and reserve the right to suspend, restrict or terminate your access to Our Site at Our sole discretion
and at any time without notice to you if We have reasonable grounds to believe that youhavebreachedanyoftheTerms,breachedanylaworaremisusingOurSite.
1.4. jumpAgrade Ltd has an unlimited right to take any appropriate action against you in order to defend Our rights or those of any other person.
YourInformationandOurPrivacyPolicy
1.5. When you use Our Site, register for our Services, make a Booking with us etc. your personal data may be processed and stored by jumpAgrade Ltd.
1.6. For more information about how jumpAgrade Ltd use your personal information and Our security processes and policies, please read Our Privacy Policy. Please note
that when you agree to these Terms you shall also be deemed to have read and agreedtothePrivacyPolicyinitsentirety.
2.TermsandConditionsfortheSupplyofServices
2.1. We have taken reasonable precautions to try to ensure that prices quoted on Our Site are correct and that the Our Services have been described fairly.
2.2 All the subjects offered in the Our Services section of Our Site are subject to availability, including the availability of particular Tutor Users, meaning We may not always be able to supply your order at a desired time. We will inform you as soon as
possible if tuition the desired subject that you wish to order is not available and, if agreeabletoyou,Wemayoffertuitioninthatsubjectatanalternativetime.
2.3 Our Services allow messaging and sharing of information between Student Users and Tutor Users.
2.4 When ordering Our Services or registering on Our Site it is your responsibility to ensure that the information you provide to Us is accurate information. If any of the
details previously provided to Us require updating, you can update these details by contactingUsatthecontactdetailslistedinClause[]oftheseTerms.
2.5 You must access and use Our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) Our Services in ways that:
i. violate, misappropriate, or infringe the rights of other users of Our Site, including privacy, publicity, intellectual property, or other proprietary rights;
ii. are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful,
racially, or ethnically offensive, or instigate or encourage conduct that would beillegal,orotherwiseinappropriate,includingpromotingviolentcrimes;
iii. involve publishing falsehoods, misrepresentations, or misleading statements;
iv. impersonate someone else;
v. markets tuition services other than those of jumpAgrade Ltd;
vi.
involve sending illegal or impermissible communications such as bulk
vii. involve any use of the Services in a manner different to that contemplated by these Terms, unless otherwise authorized by Us.
2.6 We may change, suspend or end any of Our Services, or change and modify
prices prospectively at Our discretion. To the extent allowed under law, these changesmaybemadeeffectivewithoutnoticebeingprovidedtoyou.
3.YourOrder
RegisteringaTutorUserProfile
3.1. When registering a profile as a Tutor User you will have to provide Us with certain compulsory personal information as listed in Section 2.4 above. Please see Our Privacy Policy for more information on how your personal information will be used.
3.2 When you register a Tutor User profile We may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of Our Site and/or to maintain your profile security, such as in the My account section of Our
site. It is your responsibility to maintain the confidentiality of your password and profileinformation.
3.3.IfyouhaveanyproblemswhilstregisteringyourprofilepleasecontactUs.
3.4 Once you have registered a Tutor User profile on Our Site you will then be placed on a contact listing operated by Us. Where a Booking is received in a subject you provide tuition on, and We have assigned the relevant Student User to you, then We
will contact you by
3.5 The assignment of Tutor Users to a Student User in relation to a Booking is solely at the discretion of jumpAgrade Ltd.
3.6 Once a Booking has been assigned to a Tutor User then that Tutor User will be
required to access the Platform section of Our Site and confirm the assignment by clickingthe“Confirm”buttoninthe‘PendingAssignments’section.
3.7 You are responsible for keeping your device and your profile safe and secure, and you must notify Us promptly of any unauthorized use or security breach of your profile.
Makinganorderandacceptanceofyourorder
[3.8. Please note that all Orders submitted by an Adult User are an offer to purchase ourServicesandaresubjecttoacceptancebyUs.]
3.9. We may choose, in Our sole discretion, not to accept an Order for any reason
without liability to you. Examples of when We may not accept an Order include, but arenotlimitedto:-
i. If services are shown on Our site but are not available or are incorrectly priced or otherwise incorrectly described; or
ii. If jumpAgrade Ltd are unable to obtain authorisation of your payment; or
iii. Incorrect/inaccurate information was entered in your Order.
3.10. Before you submit your Order, you have the opportunity to review and confirm which of Our Services you are ordering to allow you to check the total price of your Order. This will allow you to correct any input error prior to a Booking being completed.
3.9. Once you have confirmed your Order you will then be asked to input your
payment details. The payment process is explained in more detail below at Section [].
3.10. Please note that completion of the online checkout process does not constitute
Our acceptance of your Order. Our acceptance of your Order will take place only whenpaymentforyourorderedserviceshasbeencompleted.
3.11. After entering your payment details (see Section [ ] below), you will receive an
3.12 Save in circumstances described in Section 3.13, a further email will be sent to
you confirming acceptance of your Order and providing you details of your Booking, includinglogindetailsandinstructionshowtoaccessOurPlatform.
3.13.
If jumpAgrade Ltd cannot supply you with the Services you have ordered for whatever reason, We will not process your Order but instead will inform you of this by
refund, as soon as reasonably possible, being no more than 30 days from the date on whichyourorderwascancelled.
3.14 The identity of both Student Users and Tutor Users using Our Services will remain confidential, save in accordance with Section 10.7.
4.Payment
4.1. During the checkout process when you are submitting your Order you will be asked to enter and complete your payment details via a Stripe account. This payment will be the total sum payable for the Services ordered for the agreed period.
4.2. Please note that jumpAgrade Ltd and Stripe may collect and store your payment information as part of this service. Any information collected and stored by jumpAgrade Ltd will only be used in accordance with the Privacy Policy. Please note
that Stripe’s terms of use and privacy policies are independent of jumpAgrade Ltd, andthesecanbeviewedonStripe’splatform( www.stripe.com ).
4.3. All payments made via Stripe are subject to authorisation by Stripe. If Stripe
refuse to authorise payment jumpAgrade Ltd will not accept your Order and will not
4.4. If there is an error and your payment is not received by jumpAgrade Ltd via Stripe but a Booking has been completed and you have already received the Services you ordered, you must immediately make payment for these Services to jumpAgrade Ltd.
5.Pricing
5.1.
jumpAgrade Ltd use all reasonable efforts to ensure that all pricing information on Our site is correct and
jumpAgrade Ltd is not obliged to supply Services which are incorrectly priced, as long aspaymenthasnotbeenreceivedfromyouandhasnotbeenprocessed.
5.2. All prices are displayed in Euros and are inclusive of the current rate of any applicable VAT, unless expressly indicated otherwise.
5.3.
The total cost for the supply of the Services will be itemised and identified on the payment screen during the checkout process and in your Acknowledgment
5.4. The terms and conditions of Our site will be subject to change from time to time. We suggest that you regularly check the terms and conditions on Our site.
5.5. jumpAgrade Ltd may vary the prices for the Services, as listed on Our site, at any time and without any notice to you. You will not be charged, nor will price change be
applied retrospectively to Services already ordered by you and for which jumpAgradeLtdhasalreadyreceivedpayment.
6.SupplyofServices
6.1. Please note that these Terms do not affect your statutory rights as a consumer.
For more information on your statutory rights, contact your local trading standards authorityortheequivalentconsumeradvicebody.
6.2. If you have any questions, complaints or comments relating to the supply of Our
Services, or these Terms, please contact jumpAgrade Ltd. Contact details are set out inClause22oftheseTermsorcanbefoundonthe‘Contact’sectionofOurSite.
6.3. Bookings will be made available to Student Users through the ‘Platform’ section on Our Site. The use of the Services ordered, including any Problem Set and Feedback provided by a Tutor User, will be specific to the Student User on whose
behalf the Adult User purchased the Services for and such information should not be sharedwiththirdparties.
Delays
6.4. Occasionally, access to Our Site and/or the supply of the Services you ordered may be delayed or prevented for reasons beyond jumpAgrade Ltd’s control, such as events in nature and other force majeure events. Where this is the case, we will
make every effort to keep you informed but shall be under no liability to you for such delayorfailurewherepaymenthasnotbeentaken.
6.5 Access to Our site may be interrupted, including for maintenance, repairs, upgrades, or platform failures .
7.CancellationandReturns
7.1. As an EU consumer, under the EU Directive 97/7/EC on protection of consumers in respect of distance contracts (the “Directive”) as implemented in the Republic of Ireland, you are entitled to cancel your Order with Us within seven working days
from the date on which that order is made at no extra cost and no reason will be requiredtobegiven.
7.2. However, as stated in the Directive, the entitlement to cancel your Order under
Section 7.1 shall not apply where We have begun the provision of Services to you, withyouragreement,beforetheendofthesevendaycancellationperiod.
7.3.
All order cancellation requests under the Directive must be sent to Us by
(or contact Us if you do not have
7.4. If you wish to cancel (or are considering cancelling) the Services you have
ordered, please be aware that cancellation rights of EU consumers under the Directivedonotapplytocertainservices.
7.5. If you consider the Services you receive, or are receiving, are being incorrectly
supplied then you must note the details of any error in supply and you must inform
7.6. Please note that We will not accept that the Services were incorrectly supplied
where you fail to notify Us of this within a reasonable period of time. In the case of incorrectlysuppliedservices,Wemayofferyouareplacementservice.
7.7. Paragraphs within this Section 7 are not intended to be a full statement of all
your rights under the Directive. For further information about your statutory rights, contactyourlocaltradingstandardsauthorityorlocalconsumeradvicecentre.
7.8. For further details about how to exercise your cancellation rights, please see the information provided on of Our Site.
8.RefundPolicyundertheDirective
8.1. jumpAgrade Ltd will give you a refund where you cancel an Order in accordance with the Directive. All such refunds will be processed in accordance with your legal
rights and jumpAgrade Ltd will refund you within 30 days from the date on which We receivethecancellationofyourorder.
8.2. Where an Order is cancelled in accordance with the Directive We shall have no
liability for information provided to you that was not permanently deleted by you followingyourcancellationoftheOrder.
8.3. Any refunds made by Us will be made to the method of payment provided when
you placed your Order and will be subject to Our right to withhold amounts for any breachoftheseTerms
9.GeneralplatformTerms
Accuracyofcontent
9.1. To the extent permitted by applicable law, jumpAgrade Ltd disclaims all representations and warranties, express or implied, that content or information
displayed in or on Our Site is accurate, complete,
9.2 By using Our Site and Our Services you agree that We are not responsible for
third parties' content or information or for any damages as result of your use of or relianceonsuchcontentorinformation.
Damagetoyourcomputerorotherdevice
9.3. jumpAgrade Ltd uses reasonable efforts to ensure that Our Site is free from viruses and other malicious or harmful content. However, We cannot guarantee that your use of Our Site (including any content on it or any platform accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use Our Site safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, jumpAgrade Ltd shall not be
liable to any person for any loss or damage they suffer as a result of viruses or other maliciousorharmfulcontentthattheyaccessfromorviaOurSite.
Linkstootherplatforms
9.4. jumpAgrade Ltd have placed links on Our Site to other platforms We think you may want to visit. We do not have control over the content of these platforms nor do We vet these platforms. You agree, should you access a linked platform from Our Site, that We are not responsible for the content of these platforms, including any advertising or products made available to you through such sites. Furthermore,
jumpAgrade Ltd will not be responsible for any offence, damage or loss caused by or connectedtoyouruseofsuchplatformsexceptwhererequiredbyapplicablelaw.
10.IntellectualProperty
10.1. You agree that all intellectual property rights (including, but not limited to, database rights, copyright, trademarks and any other intellectual property rights) in all material or content (including, but not limited to, logos, graphics, photographs, animations, videos, text, data compilation, audio and/or visual clips, music, software and any combination of the foregoing) supplied or made available on Our Site is owned or licensed by jumpAgrade Ltd and is protected by applicable copyright laws
and treaties throughout the world. You are only permitted to use these materials/contentasexpresslyauthorisedbyUsorOurlicensors.
10.2.
You may use, download and print content on Our Site solely for your own personal use or personal
i. copy, reproduce, use or otherwise deal with any content on Our Site;
ii.
iii.
reproduce, crawl, frame, link to or
iv. or use the content of Our Site, or content provided as part of any Services ordered by you, for any commercial exploitation whatsoever.
10.3. Except as set out at Sections 10.1 and 10.2 above, You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish,
display, distribute, commercially exploit, tamper with or create derivative works of suchmaterialandcontent.
10.4. The ‘jumpAgrade’ trade mark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear as part of Our Services, on Our Site, advertisements, whether registered or not (the “Trade Marks”), are and remain the exclusive property of jumpAgrade Ltd and/or its partners and/or licensors and are proprietary marks protected by applicable copyright laws and
treaties throughout the world and may not be reproduced or otherwise without Our expresspermission.
Ownershipofrightsandusercontent
10.5. If you acquire any copyright or other intellectual property rights in Our Site (whether by operation of law or otherwise), then you agree to assign those rights to jumpAgrade Ltd (including any rights you may have in user generated content that you submit through Our Site) on a worldwide basis absolutely to the fullest extent
permitted by law. You will also unconditionally and irrevocably waive any and all moralrightsyouacquireinortoOurSite,ifapplicableinyourjurisdiction.
10.6. You further agree to execute all such documents and do all such acts and things as We may reasonably require in order to assign any such rights to jumpAgrade Ltd and to waive any moral rights you acquire in or to Our Site, if applicable in your jurisdiction.
10.7.
Any material that you upload to Our Site, including all material provided as part of Our Services, will be considered
10.8. jumpAgrade Ltd will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of Our Site and you hereby agree to be responsible to jumpAgrade Ltd for and indemnify jumpAgrade Ltd and keep jumpAgrade Ltd indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by jumpAgrade Ltd as a
result of any claim in respect of your use of Our Site and or any Services we provide toyou.
10.9. jumpAgrade Ltd has the right to remove any material or posting you make on Our Site at jumpAgrade Ltd’s sole discretion.
11.Liability
11.1. Nothing in these Terms shall exclude or limit jumpAgrade Ltd’s liability for personal injury or death caused by their negligence or for fraud or fraudulent
misrepresentation. In addition, these Terms shall not limit or exclude any other liabilitythatisnotpermittedtobelimitedorexcludedbyapplicablelaw.
11.2. You have certain rights as a consumer, including legal rights relating to services provided without proper care and diligence, or incorrectly described services. For further information about your legal rights in your country, contact your local trading
standards department or equivalent consumer advice body. Nothing in these Terms willaffecttheselegalrights.
11.3. The Services supplied by jumpAgrade Ltd to you will be supplied with proper care and diligence by sufficiently skilled and trained staff and if the Service is not of satisfactory quality, you can contact jumpAgrade Ltd for a refund on any order made.
11.4 jumpAgrade Ltd is only responsible for losses that are a natural, foreseeable consequence of Our breach of these Terms. We will not be liable to you if We are prevented or delayed from complying with Our obligations under these Terms by
anything you (or anyone acting on your behalf) does or fails to do or due to events whicharebeyondOurreasonablecontrol.
11.5 In any event, jumpAgrade Ltd will not be liable, arising out of or in connection with these Terms for any:
i. losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption;
ii. loss of goodwill or reputation; or
iii. special or indirect losses suffered by you arising out of or in connection with these Terms; or
iv.
11.6. jumpAgrade Ltd will not be liable for any breach by you of the applicable laws
of the country in which you are resident in connection with the Services We supply orhavesuppliedtoyou.
11.7 The aggregate liability of jumpAgrade Ltd under these Terms shall not exceed five times the most recent fee that you paid for any Services We provided to you, if any.
12.Exclusionsofliability
12.1. jumpAgrade Lrd excludes all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. JumpAgrade Ltd accepts no liability for any losses or
damages which are not reasonably foreseeable arising out of or in connection with theseTermsoryouruseofOurSite.
12.2. Except to the extent required by applicable law, jumpAgrade Ltd shall not be
liable to any person for any loss or damage which may arise from the use of or relianceonanycontentorinformationdisplayedinoronOurSite.
12.3. jumpAgrade Ltd will not be responsible for any charge issued by your card
issuer or bank, as a result of jumpAgrade Ltd processing your credit/debit card paymentinaccordancewithyourbooking.
12.4. These exclusions shall be governed by and construed in accordance with law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any
reason unenforceable then that provision shall be deemed severable and shall not affectthevalidityandenforceabilityoftheremainingprovisions.
13.Assignment
13.1.
You may not assign or
obligations under these Terms to any third party without the written consent of jumpAgradeLtd
13.2.
jumpAgrade Ltd may assign, transfer, novate or
and obligations under these Terms to any company or any other third party at its discretion,providedthatyourrightsundertheseTermsarenotaffected.
14.Thirdpartyrights
Only you and jumpAgrade Ltd shall be entitled to enforce these Terms. No third partyshallbeentitledtoenforceanyoftheseTerms.
15.Waiver
No relaxation or delay by jumpAgrade Ltd in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed with you andtherelevantpartyinwriting.
16.Severance
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competentjurisdiction,therestoftheseTermsshallremaininfullforceandeffect.
17.Jurisdiction
These Terms, all transactions and any matters arising out of your use of Our Site (including any contract entered between you and jumpAgrade Ltd through the Our Site) shall be governed by Irish law and subject to the
18.EntireAgreement
18.1. These Terms and any documents expressly referred to in them constitute the entire agreement between jumpAgrade Ltd and you and supersede any and all prior arrangements, terms, conditions, warranties and/or representations between
jumpAgrade Ltd and you, relating to the subject matter of any contract, to the fullest extentpermittedbylaw,whetheroral,writtenorotherwise.
18.2. In agreeing to these Terms, (and the documents referred to herein), jumpAgrade Ltd and you warrant that none of the parties are relying on any
statement, representation, assurance or warranty of any person (whether a party to thatcontractornot)otherthanasexpresslysetoutintheseTerms.
18.3. jumpAgrade Ltd and you agree that the only rights and remedies available to
the parties arising out of or in connection with your use of Our Site and/or the ServicesshallbeforbreachofcontractasprovidedintheseTerms.
19.ChangestotheseTerms
19.1. jumpAgrade Ltd reserve the right, at their sole discretion, to change, modify, add or delete any part of these Terms at any time without further notice to you. Any changes to the Terms will be posted on Our Site by jumpAgrade Ltd and the date at the top of these Terms will be amended to show when these Terms were last revised.
19.2. jumpAgrade Ltd recommend that you revisit these Terms regularly to keep
informed of the current Terms that apply to your use of Our Site and the supply of OurServicestoyou.
19.3. Your continued access and use of Our Site and the Services after any changes or updates constitutes your acceptance of the new Terms. It is your responsibility to regularly check the Our Site and determine if there have been any changes to these Terms.
19.4. Please note that these Terms do not affect your statutory rights as a consumer.
For more information on your statutory rights, contact your local trading standards officeorequivalentconsumeradvicebody.
20.Invoicing
Where jumpAgrade Ltd elects, or is required by applicable law to issue or make available an invoice, jumpAgrade Ltd reserves the right to issue or make available electronicinvoicesandyouagreetosuchformofinvoicing.
21. Additional Terms & Conditions – Guidelines for Review of Services and Question & Answer
By accessing, browsing, using, registering or contributing to the jumpAgrade Ltd platform and any other area of Our Site where you can post submissions or reviews or ask questions you confirm that you have read, understood and agree to the followingterms:-
(IfyoudonotagreetotheseTermsintheirentirety,youmustnotuseOurSite.)
21.1Ownershipofsubmittedinformation
Other than personal data which is subject to Our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to jumpAgrade Ltd on or through Our Site or otherwise disclosed, submitted or offered by you when using the Services shall become and remain the property of jumpAgrade Ltd once submitted. You must comply with these Terms when making submitting any information on Our site as part of the Services provided to you. You warrant that you own or have the right to use any such information submitted and that any such information submittedwillcomplywiththesestandardsandguidelines.
21.2Socialnetworkingsites
These terms also govern any such information submitted on any jumpAgrade Ltd related third party platform or page such as Our Facebook page, Twitter, YouTube or socialnetworkingsite.
21.3IntellectualPropertyRights
A disclosure, submission or offer of any such information and your agreement to these terms and conditions shall constitute an assignment to jumpAgrade Ltd of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to Our Site, including questions, or to make contact with other users of Our Site or to any such information submitted on any jumpAgrade Ltd related third party website or page, you must comply with the content standards set out in these Terms. All rights, including copyright on jumpAgrade Ltd pages are owned by or licensed to jumpAgrade Ltd. Any use of any jumpAgrade Ltd social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal,
21.4Confidentiality
Any material you upload to Our Site (that is not of a sensitive nature) will be considered
who is claiming that any material posted or uploaded by you to Our Site or any jumpAgrade Ltd related third party social networking site constitutes a violation of their rights, including intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Site. We have the right to remove any information submitted by on Our Site if, in Our opinion, such information does notcomplywiththecontentstandardssetoutwithintheseTerms.
22.ContactUsDetails
If you have any questions, complaints or comments relating to Our Site, Our Services, the supply of the Services or these Terms please contact Us on the details below:
Phone:0872554782
Email: [email protected]