RoamPA Limited Terms and Conditions.

PLEASE READ THIS DOCUMENT carefully.

March 2016.

General Statement

  • By accessing, RoamPA.com[1](the “Website”), and mobile application (collectively the “Services”), including all material contained therein, you consent to the following terms and conditions of use (the “Terms and Conditions”). Please read them carefully. If you do not agree to be legally bound by all of the following Terms and Conditions you should not access or use the Website or our Services or software. You agree to compensate us in full for any loss arising from any breach by you of these Terms and Conditions.
  • These Terms and Conditions in tandem with the Privacy Policy[2] will govern your use of our Services. Nothing in these Terms and Conditions is intended to create any enforcement rights by third parties. Should you have any questions or comments regarding our Services, or its policies, please feel free to contact us at moc.a1498194051pmaor1498194051@ofni1498194051.
  • We provide the Services and operate the Website. The Website is an online platform providing information on tracking, co-ordinating and supporting internationally mobile employees or self-employed individuals. RoamPA Limited is a limited company incorporated in Ireland with registered number 521528 and registered address at Westbic Business Centre, Racecourse Road, Roscommon, Ireland.
  • References to “RoamPA“, “we” and “us” are references to RoamPA Limited. References to “you” are to the person accessing or using the Services or Website, or the company or organisation on whose behalf such person accesses, streams or uses the Services or Website.

 

  1. User Access

 

  • These Terms and Conditions apply to all users whether they have registered with our Website/Services or not. You become a user by accessing the Services in any way. You need not register with the Services to make these Terms and Conditions apply to you. You register with our Services when you request a username and password.
  • If you do not understand all of the terms in these Terms and Conditions, then you should seek legal advice, before using the Services.
  • If you fail to periodically review these Terms and Conditions to determine if any of the terms have changed, you assume all responsibility for your failure to do so.
  • The Privacy Policy which is specifically incorporated by reference forms a part of these Terms and Conditions.

 

  1. User Conduct and obligations

 

  • If you do not wish to be bound by each and every provision in these Terms and Conditions, you should discontinue use of our Services.
  • If you are registering for these Services as an individual, you represent and warrant that you have legal capacity to do so. If you are registering on behalf of another entity, you hereby represent that you have the authority to do so. Any use of either the Website or Services will result in your being bound by these Terms and Conditions.
  • You shall not (directly or indirectly):
    • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
    • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
    • bypass any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services);
    • decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas, or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
    • act in a manner that negatively affects other users’ ability to use the Service;
    • infringe copyright, trademark or other intellectual property rights of RoamPA or any third parties;
    • post false, inaccurate, misleading, defamatory or libellous content; or
    • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws.
  • Users may submit, store and retrieve location data and/or other material for personal use and/or your employer’s use. You shall be solely responsible for your own submissions and the consequences of submitting, storing, and retrieving them. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
  • Users shall not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Users shall not hold RoamPA responsible for any losses incurred as a consequence of others abusing the Services.
  • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions or the Privacy Policy.
  • Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services or any parts thereof are unavailable at any time or for any period.
  • RoamPA may from time to time, restrict access to some parts of the Website to users who have registered with us.

 

  1. Intellectual Property Rights

 

  • Subject to your acceptance of these Terms and Conditions and any other terms and conditions and brought to your notice by RoamPA, we grant you a limited, nonexclusive, non-transferable personal license to access and use our Services. Any unauthorised use of our Services or any of the materials contained therein immediately terminates this limited license.
  • RoamPA is the owner or the licensee of all intellectual property rights in the Website and the Services, and in the material published thereon. Those works are protected by copyright laws and treaties around the world.
  • You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
  • You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
  • Without limitation and subject to these Terms and Conditions, you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part thereof) without RoamPA’s prior written consent.

 

  • Warranty Disclaimer

 

  • RoamPA provides the Services and Website “as is” and without any warranty or condition, whether express, implied or statutory. RoamPA specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. RoamPA assumes no liability or responsibility for any errors or omissions in the Website or provision of the Services; any failures, delays or interruptions in the Website.
  • The Website or any of the information published is not intended to be a source of solicitation or legal advice. You should not rely or act upon any information in this site without seeking professional legal advice.
  • No tax advisor-client relationship is created by your use of these Services. The Services do not comprise tax advice and should be only used for your own or your company’s information. RoamPA do not provide tax or accounting advice. Any material provided through the Website or the Services has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before taking any action on reliance on material provided though the Website or the Services. While RoamPA have made every attempt to ensure that the information contained in this Website or the Service has been obtained from reliable sources, RoamPA is not responsible for any errors or omissions, or for the results obtained from the use of this information. In no event will RoamPA, its agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Website or the Services or for any consequential, special or similar damages, even if advised of the possibility of such damages. We may provide links to other websites related to the topic(s) covered in the Services, but we do not intend such links to be an endorsement of such websites or any of the content published thereon. RoamPA disclaims all liabilities stemming from any loss that may be suffered due to reliance on tax, legal or accounting information published on the Services.
  • You agree that your use of our Services shall be at your sole risk. To the fullest extent permitted by law, the company, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with our Services and your use thereof. We make no warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to this Website. In relation to any loss or damage suffered by a user, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of the use or reliance on any of the content displayed on our site, we shall not be liable for:
    • errors, mistake or inaccuracies of content of any materials in the Services;
    • personal injury or property damage, of any nature whatsoever, resulting from your access to and sure of our Services;
    • unauthorised access to or use of our secure servers and/ or any and all personal information and/or financial information stored thereon;
    • interruption or cessation of transmission to or from our Website, any bugs, viruses, Trojan horses, malware or spyware, or the like which may be transmitted to or through our Website by any third party;
    • errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via our Website;
    • loss of profits, sales, goodwill or reputation; and
    • any indirect or consequential loss or damage.

 

  • Indemnity

 

  • To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from:
    • your use of and access to our Services;
    • your violation of any part of these Terms and Conditions;
    • your violation of any third party right, including without limitation any patent, trademark, copyright, property, or privacy right; or
    • any claim that your content caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of our Services.
  • You agree to indemnify and hold RoamPA and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable legal fees arising, directly or indirectly, out of your use of the Services or your violation of any law or the rights of any third party.

 

  • Accounts and Subscription

 

  • Although portions of our Services are available without creating an account, certain features of our Services may require a user account with us before access is granted. A user account is the collection of information that facilitates your use of the Services. The account describes the credentials required to access the Services.
  • After creating a user account, the Services are accessed by means of a user profile that will be operated through your account. The profile will contain data pertaining to a company, and the authorised individuals therefrom that may operate the account.
  • If you create an account, you are solely responsible for the activity that occurs on your account.
  • If an account is operated or may be accessed by a number of authorised individuals, from within a company or otherwise, all of such users shall be collectively responsible for the activity that occurs on the account.
  • You must notify us immediately of any breach of security or unauthorised use of your account and you agree to cooperate with us in causing any unauthorized use to cease immediately. Although we will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of the Company or others due to such unauthorised use.
  • All users who wish to set up an account and utilise the Services must purchase a subscription. This subscription is processed through a secure payment gateway and billed annually, bi-annually, bi-monthly or monthly depending on your subscription. RoamPA reserves the right to alter this payment process and will duly inform any users of such alterations. Only on successful completion of a subscription purchase will you be granted access to the software.  This access is granted throughout the remainder of the subscription until cancellation or failure of payment.
  • You may cancel your subscription by emailing moc.a1498194051pmaor1498194051@ofni1498194051.

 

  • Termination

 

  • RoamPA may change or discontinue the Services and/or Website at any time without prior notice. We reserve the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that you violate any of the Terms and Conditions set forth herein (without prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Services and Website.

 

  • General

 

  • Message and data rates may be charged by your communications networks supplier for certain aspects of the services including but not limited to SMS, push notifications and other similar communications.
  • If any provision of these Terms and Conditions is deemed invalid by a court of 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.
  • Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
  • Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
  • No waiver of any portion of these Terms and Conditions shall be deemed a further or continuing waiver of such portion or any other portion, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
  • Any cause of action against us, arising out of or related to the Website or Services, must commence within one (1) year after the cause of action accrues. Otherwise such action is permanently barred.
  • RoamPA may change or discontinue the Services and/or Website at any time without prior notice. We reserve the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that you violate any of the Terms and Conditions set forth herein (without prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Services and Website.

 

  • Governing Law and Jurisdiction

 

  • These Terms and Conditions and any dispute or claim arising out of or in connection with the use of the Website and/or Services shall be governed by and construed in accordance with the law of Ireland.
  • The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or the use of the Website and/or Services.

 

  • Contact

 

 

 

 

 

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