Terms Of Use

Terms Of Use

Your agreement with us to access to, browse and use of our website. Please read these terms carefully.
Your access to, browsing and use of our website. These terms were updated on 01 December 2019.

DEFINITIONS

These terms and conditions (“Terms”, “Agreement”) are an agreement between Garúa Milonguero, trading as TLC Encuentros Ltd (“Garúa Milonguero”, “us”, “we” or “our”), and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the garua-milonguero.com website and any of its services (collectively, “Website” or “Services”) in relation to any “Events” we organise. “Content” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Website from time to time (including, anything made available for download); “including” and its derivations mean “including, without limitation”; “material” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images displayed on the Website. These Terms incorporate by reference the Terms of Use agreement regarding your use of our Website, the Códigos Codes of Conduct agreement regarding expected behaviours while attending our Events and the Privacy Policy.

AGE REQUIREMENT

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

BACKUP & STORAGE

In no Event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate personal copy of any information or communication you submit on our website. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We do not store messages you submit via the form on our contact page or registration information on our database indefinitely. We therefore reserve the right to permanently delete messages and registrations, without bias or filtering, anytime after a period of 1 year from the date of creation. Therefore, we make no guarantee that the data you need will be available.

LOSS OF SERVICE

We take all reasonable steps to ensure that all facilities on our website are available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our servers or where facilities are unavailable for any other reason, whether within or outside our direct control. In the Event of system failure, loss of access or deterioration in service we, the defaulting party, shall take all reasonable steps to restore or rectify the service. You, the non-defaulting party, shall not be entitled to any form of compensation, however the defaulting party shall within a reasonable period of time report to the non-defaulting party the cause of the loss or deterioration in service.

LINKS TO OTHER WEBSITES

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

PROHIBITED USES

You may use the Website for personal non-commercial use only. You may only download and print extracts of the Content for your own personal, non-commercial, use. In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the Site; or (m) reproduce, republish, modify, archive, distribute, store or commercially exploit the Content without our prior written consent; or (n) modify or adapt or create derivative works of the Content. We reserve the right to terminate your use of the Website and Service or any related website, at any time, without notice and in our absolute discretion, for violating any of the prohibited uses.

WEBSITE ACCESS

Our Website is accessible by the public, with restricted view of content, except where content is legally required to be public. Users who have been granted full access to the website will be given a temporary username and password to access the site. We reserve the right to change these usernames and passwords at any time without prior notice or explanation. Users who have received a username and password from us may not pass this information to any other person, or any third party, for any reason without our prior written consent. We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Website, with or without notice, for any reason or no reason, including without limitation your violation of these Terms.

INTELLECTUAL PROPERTY

This Agreement does not transfer to you any intellectual property owned by Garúa Milonguero or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Garúa Milonguero. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Garúa Milonguero or Garúa Milonguero licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Garúa Milonguero trademarks, service marks, graphics and logos or third-party trademarks.

ASSIGNMENT TRANSFER

Neither party may assign or otherwise transfer this Agreement or any rights, duties and obligations hereunder without the prior consent in writing of the other party.

DATA PROTECTION

We take your privacy seriously and confirm that we will not rent or sell any private data submitted by Users without the User’s express prior approval. Please see our Privacy Policy which explains the types of information collected, stored, shared and processed in connection with the Website, how and why we use such information, who we share it with and your legal rights.

PARTNERSHIP

Nothing in this Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no Event will Garúa Milonguero, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Garúa Milonguero has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Garúa Milonguero and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater than one euro or any amounts actually paid in cash by you to Garúa Milonguero for the one month period prior to the first Event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

INDEMNIFICATION

You agree to indemnify and hold Garúa Milonguero and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

JURISDICTION

These Terms, your use of the Site and your use of the Services, shall be governed by and construed in accordance with Irish law and the Irish Courts shall have exclusive jurisdiction over any dispute which may arise. Any contractual or legal relationship between you and us will be concluded in English.

AMENDMENTS

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the top of this Agreement. Continued use of the Website after any such changes shall constitute your consent to such changes.

VALIDATION

Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing. It is hereby declared that the foregoing paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses. This Agreement sets out the entire Agreement and understanding of the parties and is in substitution of any previous written or oral agreements between the parties.

ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Website and its Services.

CONTACT

If you wish to raise a complaint or you have any questions please contact us by email at garuateam@gmail.com. TLC Encuentros Ltd is a company limited by guarantee. Unit 9, Rossfield, 50 Rosemount Business Park Ballycoolin Dublin 11 Ireland. Registered in Ireland. Registration number 664230.

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