9 DARTER TERMS AND CONDITIONS OF SERVICE
These are the terms and conditions on which we supply our Services to you. Please read
them carefully before you use our Services or make a Booking. These Terms tell you who
we are, how we will provide the services to you, what to do if there is a problem and other
important information.
YOUR PARTICULAR ATTENTION IS DRAWN TO CLAUSE 11 (LIMITATION OF
LIABILITY; CUSTOMER DEFAULTS).
1. ABOUT US
1.1. Who we are: 9 Darter Social Limited is a company registered in Ireland, with
company number 773460 and its registered office at 77 Camden Street Lower,
Dublin 2, D02 XE80. Any references to “9 Darter” or “we” or “us” or “our” in these
Terms means 9 Darter Social Limited.
1.2. Our services: 9 Darter provides entertainment consoles which enable members of
the public to play interactive games of social darts in our partner venues. Bookings
are made through our Platform www.9Darter.ie (“Platform”) to subsequently avail of
and play at a designated partner venue at the allotted time and date (“Services”).
For the purposes of these Terms, “Bookings” means the bookings made by the
Customer for the Services on the Platform, and a “Booking” means any one of
them. Our Services facilitate the making of such Bookings and the access to and
use of the venue is made available by the designated partner venue. Our partner
venues are located in the Republic of Ireland.
1.3. Contact: To contact us, please email our customer service team at info@9darter.ie.
2. OUR CONTRACT WITH YOU
2.1. Our contract.
- 2.1.1. These are the terms and conditions (the “Terms”) on which we supply our
Services to you, however accessed and/or used. As used in these Terms,
the term “Customer”, “you” and/or “your” refers to the user who makes a
Booking. “Players” are the people who use the Services under a Booking
made by the Customer and each are referred to in these Terms as a
“Player”. The Customer may also be a Player.
2.1.2. The Terms are legally binding and apply to all Bookings made for, and the
supply and use of, the Services.
2.1.3. All Bookings for the Services are also subject to any additional booking
policies published on the Platform, which are incorporated herein by
reference and form part of these Terms.
2.1.4. These Terms apply to the Booking and the Services to the exclusion of any
other terms that you may seek to impose or incorporate, or which are
implied by trade, custom, practice or course of dealing.
2.1.5. To the extent that we issue or publish any descriptive matter, illustrations,
images or advertising whether in our brochures, catalogues, website,
Platform or otherwise in relation to the Services, these are provided for
informational purposes only and are intended to give an approximate idea of the Services. They do not form part of our contract with you and are non-binding.
2.2. Acceptance of these Terms. By making a Booking and/or using the Services, you
accept and agree to be bound by the Terms. If you do not accept these Terms,
please do not make a Booking or use the Services.
2.3. Breach of the Terms. If you breach these Terms, 9 Darter may, at its discretion:
(a) cancel your booking immediately, with or without advance written notice; (b)
suspend, cancel, or limit access to our Services and our Platform; and/or (c) to the
extent permitted by applicable law, retain any amounts paid or payable to you in
respect of your Booking for the Services. If 9 Darter cancels your Booking due to a
breach of these Terms by you, we reserve the right, at our discretion, to decline any
future Booking by you.
3. BOOKINGS AND PAYMENTS
3.1. Bookings. A Booking constitutes an offer by you to purchase the Services in
accordance with these Terms. A Booking shall only be deemed to be accepted
when we communicate acceptance to you via email. It is only at this point that a
valid Booking will be deemed to have been made.
3.2. Booking Fees. In consideration of us providing the Services you must pay our fees
for the Services as set out on the Platform at the time of making your Booking (the
“Booking Fees”). You may be asked to supply certain information in order for us to
process payment, including but not limited to credit card details and a billing
address. 9 Darter may amend its standard or published Booking Fees at any time,
at its sole discretion. 9 Darter also reserve the right to refuse or cancel a Booking at
any time. The Booking Fees only cover the cost of the Services the subject of the
respective Booking. You are responsible to pay for any food, drinks and other
refreshments or expenses incurred by you at the venue and/or in relation to your
Booking.
3.3. Payments. All Booking Fees are payable by you in full at the time of Booking.
Booking Fees may be subject to Value Added Tax and other charges which will be
notified to you on the Platform at the time of making a Booking. Payments are
processed by our payment processing partner at the time the Booking is made.
3.4. Making a change to your Booking. If you wish to change the nature or details of
your Booking, you must contact us with the details of the requested change as soon
as possible but in any event at least 48 hours in advance. We will do what we can
to accommodate the change but do not guarantee that we be able to accommodate
your request.
3.5. Cancelling your Booking. If you wish to cancel your Booking in its entirety, please
notify as soon as possible. You must provide at least 48 hours advance notice of
cancellation to receive a full refund.
3.6. Your legal right to change your mind. If you are a consumer and you have made
a Booking with us on the Platform, you have a legal right to change your mind about
your purchase and to receive a full refund of what you have paid for, subject to the
following conditions:
- 3.6.1. You must let us know no later than 14 days after the date we confirm
acceptance of your Booking; and
3.6.2. You (or any other Player) may not have used or started to use the Services
at the designated partner venue the subject of your Booking.
3.7. Refunds. In circumstances where you are entitled to a partial or full refund for your Booking under these Terms or otherwise in accordance with applicable law, we will refund you using the same method you used to pay for your Booking.
3.8. Age:
- 3.8.1. You must be at least 18 years old (or the applicable age of majority in your
jurisdiction, whichever is greater) (the “Applicable Age”), to use the
Services. Individuals that are under the Applicable Age may use our
Services but will be subject to the restrictions of the partner venue.
3.8.2. Please ensure that such parent or legal guardian reads the Terms with you
if you are under the Applicable Age.
3.8.3. Partner venues may be bars, hotels, clubs, venues and other such
premises which are licensed to sell alcohol and, as such, they are subject
to compliance with applicable laws, including but not limited to age
restrictions, serving restrictions and hours of opening.
3.9. Bookings are non-transferable and may not be re-sold. Bookings may not be re-
sold or transferred for commercial gain. Any attempt to do so may result in the
cancellation of your Booking, without refund, and the holder of a re-sold or
transferred Booking may be refused entry or required to leave the respective
partner venue.
4. THE SERVICES
4.1. Supply of Services.
- 4.1.1. We will supply the Services to the Customer in accordance with the
Booking in all material respects, with diligence and reasonable care.
4.1.2. We will make darts available for your temporary use at the designated
partner venue in such numbers as are adequate to meet the requirements
of your Booking or procure that they are made available at your designated
partner venue.
4.1.3. Darts are provided for the purposes of your Booking only and for your
temporary use only. All such darts remain the property of 9 Darter and
must be returned at the end of the game the subject of your Booking.
4.2. Availability and Disclaimer of Warranties.
- 4.2.1. We will use all commercially reasonable endeavours to make the Services
available at the times listed on the Platform for each partner venue, except
for planned or essential maintenance which may cause periods of
unavailability of the Services and/or the Platform from time to time.
4.2.2. We do not warrant that that the Platform and/or the Services will be
uninterrupted or error-free.
4.3. External factors. We are not responsible for any failure to supply the Services in
circumstances where the failure to supply the Services arises due to an event
outside of our reasonable control.
4.4. Partner Venues.
- 4.4.1. Our partner venues are owned and operated by third parties, with which we
have entered into concession agreements to allow for the provision of the
Services at the partner venues, subject to their availability and to any other
restrictions or requirements that may apply under applicable law.
4.4.2. Partner venues operate their own security policies and may have specific entry requirements. They may carry out security searches and reserve the right to refuse entry, or to remove any person who behaves in a way that may put the enjoyment or safety of others at risk or in a way which otherwise violates any other policy, regulation or law applicable to that partner venue.
4.5 Non-conformance. In the event of a lack of conformity of the Services with these
Terms, we will use our best endeavours to bring the Services into conformity within
a reasonable period of time, and without significant inconvenience to you. If this is
not possible, you will be entitled to a refund for the Services paid for, including any
affected Bookings. This is in line with your statutory rights as a consumer. For the
avoidance of doubt, these rights do not extend to circumstances where:
- 4.5.1 you fail to show at the designated venue on the allocated date for your
Booking;
4.5.2 the information provided by you at the time of Booking is not accurate,
truthful or complete.
4.6 Technical Support.
- 4.6.1 If during or in connection with a game the subject of your Booking, you
experience technical faults or defects in the system, unit or equipment
provided by us in connection with the Services or any other interruption to
the Services, please notify the partner venue which may be able to assist
with troubleshooting or minor fixes either directly or through us or our
technical support partner. If the fault or defect cannot be resolved, we will
arrange to issue you with a full or partial refund, depending on the
circumstances. Please send an email regarding any such issues to us at
info@9darter.ie including as much information as possible.
4.6.2 We will not be responsible or required to issue any refund in the event the
fault or defect arises due to a power or electrical outage, loss of internet or
network connectivity at the partner venue or any misuse of the Services or
any unit or equipment provided by us or on our behalf in connection with
the Services and/or your Booking.
4.7 Queries or Complaints. Any queries or complaints related to the Platform or the
Services or otherwise arising under or in connection with these Terms may be
referred to info@9darter.ie. We will endeavour to respond to you promptly.
5. YOUR OBLIGATIONS
5.1. The Customer shall:
- 5.1.1. provide us with such information and materials as we may reasonably
require in order to supply the Services, ensuring that all such information is
complete, truthful and accurate;
5.1.2. co-operate with us in all matters relating to the Services;
5.1.3. comply with applicable laws, including health and safety laws, and any
regulations or policies made aware to you by the partner venue;
5.1.4. only use the darts provided by us or on or behalf in connection with any
Booking and not for any other purpose;
5.1.5. act responsibly and exercise all reasonable care when using or handling
the darts to ensure your safety and the safety of others;
5.1.6. not intentionally, wrongfully and/or negligently do anything which wouldcause any harm, injury or damage to any person or property;
5.1.7. procure that all Players within your group are aware of and comply withthese Terms.
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes. We may make changes to these Terms and/or the Services (as
the context requires):
- 6.1.1. to reflect changes in relevant laws and regulatory requirements;
6.1.2. to implement minor technical adjustments and improvements, for example
to address a security threat; and/or
6.1.3. if the change will not materially affect the nature or quality of the Services.
6.2. More significant changes. In addition, we may make more significant changes to
these Terms or the Services, but if we do so we will notify you of such changes.
7. PROHIBITED USE
7.1. You may not use the Platform and/or the Services:
(a) in any way that is unlawful or fraudulent or has any unlawful or fraudulent
purpose or effect;
(b) to transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar solicitation
(spam);
(c) to knowingly transmit any data, send or upload any material that contains
viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware,
adware or any other harmful programs or similar computer code designed
to adversely affect the operation of any computer software or hardware;
(d) download, modify, copy, distribute, transmit, display, perform, reproduce,
duplicate, publish, licence or offer for sale any content, data or other
information contained on, or obtained from or through our Platform or
Services; and
(e) to send, knowingly receive, upload, download, use or re-use any material
which does not comply with our content standards (which may be available
from time to time), or which could not reasonably be expected to be seen
as related to the provision of the Services.
7.2. You agree not to access without authority, interfere with, damage or disrupt any part
of the Platform, any equipment or network on which the Platform operates, any
software used in the provision of our Platform and/or the Service, any equipment or
network or software owned or used by any third party.
7.3. You also agree not to use a false email address or phone number, or to
impersonate any person or entity or otherwise use your Booking to mislead us or
others.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All intellectual property rights in and to the Platform and the Services (and all
content published therein) shall be owned by 9 Darter and our licensors (the “9Darter IP”). For the avoidance for doubt, the 9 Darter name and logo are trade
marks of 9 Darter.
8.2. 9 Darter grants you a non-exclusive, non-sublicensable, non-transferrable limited
licence to use the 9 Darter IP to the extent necessary to use the Platform and the
Services for or in connection with your Booking or prospective Bookings, but for no
other purposes.
8.3. No licence to use any intellectual property rights is granted or implied by these
Terms except the rights expressly granted in these Terms.
9. DATA PROTECTION
9.1. We will only use your personal information as set out in our Privacy Policy.
9.2. For the purposes of this clause, the “Data Protection Legislation” means all
applicable data protection and privacy legislation in force from time to time including
the General Data Protection Regulation ((EU) 2016/679); the Irish Data Protection
Acts 1988 – 2018; the European Communities (Electronic Communications
Networks and Services (Privacy and Electronic Communications) (Regulations
2011) (S.I. No. 336 of 2011), as amended.
9.3. Each party will comply with all applicable requirements of the Data Protection
Legislation. This clause is in addition to, and does not relieve, remove or replace, a
party's obligations or rights under the Data Protection Legislation.
9.4. You will ensure that you have all necessary and appropriate consents in place to
enable 9 Darter to fulfil your Booking and provide the Services.
10. THIRD PARTY CONTENT
10.1. We are not responsible for and makes no warranties or representations of any kind
and shall have no liability or obligation whatsoever in relation to the accuracy or
reliability of, any information or content howsoever obtained from any third party
(including from any partner venue), or any errors or omissions arising, from the use
of such third-party information or content.
10.2. Our Platform may contain links to other third-party websites which are not controlled
by us. For example, if you click on a banner advertisement, the click may take you
off our Platform. The fact that we may provide a link to any such third-party website
does not mean that we endorse these websites. Such links are provided only for
your convenience, and we have no control over such third-party websites. Your
access to and use of such websites is at your own risk and we shall have no liability
in respect of those third-party websites.
11. LIMITATION OF LIABILITY; CUSTOMER DEFAULTS.
11.1. To the maximum extent permitted by applicable law:
11.1.1. 9 Darter shall not be liable for any indirect, incidental, special,
consequential, punitive, or exemplary damages, including damages for loss
of business, profits, goodwill, data, or other intangible losses, even if 9
Darter has been advised of the possibility of such damages; and
11.1.2 9 Darter’s total liability to the Customer shall not exceed the amount paid or
payable by you to us in respect of the Booking to which the liability relates.
11.2 Nothing in these Terms shall limit or exclude our liability for:
- 11.2.1 death or personal injury caused by our negligence, or the negligence of our
employees, agents or subcontractors (as applicable);
11.2.1 fraud or fraudulent misrepresentation;
11.2.3 any matter in respect of which it would be unlawful for us to exclude or
restrict liability.
11.3 The limitations and exclusions of liability set out in this clause 11 shall survive the
termination or expiration of the contract contemplated by these Terms.
11.4 Where the Customer is a consumer, nothing in these Terms shall exclude or limit
the Customer’s statutory rights as a consumer.
11.5 You acknowledge that there are obvious potential dangers involved in playing darts
and that if you choose to you engage in any game of darts, you do so at your own
risk. To the maximum extent permitted by applicable law, we will not be responsible
for any injury, harm or damage to the extent caused by the negligence, wrongful act
or misuse of the Services by you or by any Player in your group.
11.6 If the performance of our obligations under these Terms is prevented or delayed by
any act or omission by the Customer or failure by you to perform any obligation
hereunder (“Customer Default”):
- 11.6.1 without limiting or affecting any other right or remedy available, 9 Darter
shall have the right to suspend the use of the Services until the Customer
remedies the Customer Default;
11.6.2 we shall not be liable for any costs or losses sustained or incurred by the
Customer arising directly or indirectly from our failure or delay to perform
any of our obligations set out in these Terms; and
11.6.3 the Customer shall reimburse us on written notice for any costs or losses
sustained or incurred by us arising directly or indirectly from the Customer
Default.
12. GENERAL
12.1. Force Majeure. We shall have no liability to you under these Terms if we are
prevented from or delayed in performing our obligations under these Terms, or from
providing the Services, due to circumstances beyond our reasonable control,
including, without limitation, acts of God, flood, earthquake or other natural disaster;
epidemic or pandemic; terroristic attack, war, civil riots or commotion, armed
conflict, malicious damage; compliance with any law or governmental order, rule,
regulation or direction; collapse of buildings, fire, explosion or accident; strikes,
lock-outs or other industrial disputes, failure of a utility service or transport or
telecommunications network.
12.2. Entire Agreement.
- 12.2.1 These Terms constitute the entire agreement between us and supersedes
and extinguishes all previous agreements, promises, assurances,
warranties, representations and understandings between them, whether
written or oral, relating to its subject matter.
12.2.2 Each party acknowledges that in entering into these Terms it does not rely
on, and shall have no remedies in respect of any statement,
representation, assurance or warranty (whether made innocently or
negligently) that is not set out in these Terms. Each party agrees that it
shall have no claim for innocent or negligent misrepresentation or
negligent misstatement based on any statement in these Terms.
12.3 Assignment. We may assign or transfer our rights and obligations under these
Terms to another entity and will notify you by posting on the Platform if this
happens.
12.4 Waiver. If we do not insist that you perform any of your obligations under these
Terms, or if we do not enforce our rights against you, or if we delay in doing so, that
will not mean that we have waived our rights against you or that you do not have to
comply with those obligations. If we do waive any rights, we will only do so in
writing, and that will not mean that we will automatically waive any right related to
any later default by you.
12.5 Severance. Each clause of these Terms operates separately. If any court or
relevant authority decides that any of them is unlawful or unenforceable, the
remaining clauses will remain in full force and effect.
12.6 Governing Law and Jurisdiction. These Terms governed by Irish law and we
each irrevocably agree to submit all disputes arising out of or in connection with
these Terms to the exclusive jurisdiction of the Irish courts.
