System Data Protection
Storing Medical Information
Medical information must not be stored in the GAA Management System. Clubs that do store such information contravene the system terms and conditions.
Servasport GAA Management System Terms And Conditions
UPON COMPLETING SIGN IN TO THE SERVASPORT SYSTEM OR SIGNING THE MEMBERSHIP APPLICATION FORM OR LICENCE CARD,
THE APPLICANT ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THESE CONDITIONS.
The following are the terms and conditions for use of the Servasport Service ("Servasport Service" or "the Service") by the End User (hereinafter referred to as "the End User" or "The End User"). Please read them carefully.
IMPORTANT: BY PLACING SERVASPORT PRODUCTS ON A WEBSITE AND/OR ACCESSING ANY PART OF THE SERVASPORT SERVICE THE END USER IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. SHOULD THE END USER NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/ SHE/ IT SHOULD CLOSE THE BROWSER WINDOW; THEREFORE TERMINATING THE REGISTRATION PROCESS, AND AGREEING TO STOP ALL USE OF THE SERVICE AND SURRENDERING ANY AND ALL AUTHORITY TO USE THE SERVICE.
IF THE END USER IS DEEMED TO HAVE ORDERED THE SERVICE, SERVASPORT'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY SERVASPORT, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
THE END USER AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING AND THAT SHOULD THERE BE A CONTRADICTION BETWEEN PRODUCT-SPECIFIC TERMS AND CONDITIONS, AND GENERAL TERMS AND CONDITIONS, THE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL APPLY.
The Service consists of a browser interface, message application, SMS gateway access, e-mail facility, data encryption, data transmission, data access, data storage and, if applicable, synchronization software. The End User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Service. These costs will be displayed during the registration process. All fees are payable upfront, prior to credits being activated.
Servasport makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Servasport reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time with 14 days' notice. All fees paid to Servasport when such termination occurs are addressed in the sections below.
Messages shall be deemed to have been delivered when Servasport has delivered/sent the messages to the immediate destination that Servasport's software is programmed to do, including SMTP servers, Mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. Servasport does not guarantee delivery on behalf of Mobile telephone networks of mail servers.
Servasport lays no claims to its network coverage. Although Servasport focuses on providing extensive coverage aggregation services, mobile networks may choose from time to time to not be part of Servasport or its service providers' networks. This may result in messages not being delivered.
USE OF PROPRIETARY SOFTWARE
Subject to the terms and conditions of this Service Agreement and Northern Irish Law, Servasport grants the End User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with the Servasport Service Agreement. The End User will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to Servasport products and/or services. As between the parties, the End User acknowledges that Servasport, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and the End User shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING BY THE END USER OR User PRIOR TO ENTERING INTO THIS AGREEMENT.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account for usage of the Service, the End User must complete the registration process by providing Servasport with current, complete and accurate information as prompted by the Membership/registration Form. Inaccurate details will result in suspension. The End User will also choose a password and an account name will be assigned. The End User is entirely responsible for maintaining confidentiality with regard to its password and account information. Furthermore, the End User is entirely responsible for any and all activities that occur under its account. Servasport will not be held liable to any third party claims and or actions taken with respect to services offered. The End User agrees to notify Servasport immediately of any unauthorized use of its account or any other breach of security.
It is Servasport's policy to respect the privacy of the End User. Servasport will not monitor, edit, or disclose any personal information about the End User or the End User's Servasport account, including its contents, without the End User's prior permission unless Servasport has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Servasport; (3) enforce this Service Agreement or protect Servasport 's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by Servasport; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the End User or a claim by a third party that the End User is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the End User or others. Servasport's service transmits the Sender's name (From field) and/or email address with each message that the end-user sends.
The End User agrees that Servasport may access its account, including its contents, as stated above or to respond to service or technical issues.
THE END USER HEREBY GRANTS SERVASPORT THE RIGHT TO SEND THE END USER COMMUNICATION VIA E-MAIL/SMS OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION THAT SERVASPORT DEEMS IMPORTANT FOR THE END USER TO KNOW, RELATING TO THE SERVICE.
End User details may be used by the GAA and other third parties for applications which the GAA currently has or will develop in the future.
MESSAGE AND OTHER LIMITATIONS
Servasport assumes no responsibility for the deletion or failure to store information. Servasport has set no fixed upper limit on the number of messages the End User may send through the Service apart from how many units are left in the End User's account; however, Servasport reserves the right, at its sole discretion, to determine whether or not the End User's conduct is consistent with the letter and spirit of the Service Agreement and may terminate the Service if the End User's conduct is found to be inconsistent with the Agreement. Servasport may, in the future, with prior notification, limit the amount of storage space available to each Member.
Although Servasport prides itself on speedy delivery of messages, messages may be delivered late due to queuing or network traffic. This will still result in the message being seen as "delivered" by Servasport.
Any unauthorized commercial use of the Service, is expressly prohibited. The End User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the End User agrees not to:
Use the Service in connection with junk SMS messages, email, spamming or any unsolicited messages (commercial or otherwise) through use of any communication channels provided by Servasport;
Store medical information relating to individuals members registered within the system.
Harvest or otherwise collect information about others, including email addresses, without their consent;
Create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
Transmit through the Service, associate with the Service or publishing with the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
Libel, defame or slander any person, or infringe upon any person's privacy rights;
Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or
Engage in any other activity that Servasport believes could subject it to criminal liability or civil penalty or judgment.
FEES, PAYMENT AND YOUR RIGHT TO CANCEL
Fees. In consideration for the use of Servasport's services, the End User shall pay to Servasport a transaction or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect. Servasport may from time to time offer limited time "Free Trial" or similar promotions during which no transaction fees or reduced transaction fees shall apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this Agreement shall remain in full force and effect. All fees are payable upfront. Failure to purchase credits upfront will result in suspension of the services. Upfront payment refers to payment that is made within a reasonable time so as to allow Servasport to add the SMS credits to the End User's account.
Payment. Transaction fees are due and payable at the time of or before Servasport delivers a message to the End User's recipients via every method of delivery based upon the billing plan selected by Servasport. Payment shall be deemed to have been made as soon as the fee is available in Servasport's bank account.
Credit Card Payment. If the End User has elected to pay for the Service by credit card, and Servasport does not receive payment from the credit card issuer, the End User agrees to pay all amounts due, immediately upon demand by Servasport. All amounts are pre-paid and the End User agrees to payment and the Terms and Conditions of such payment when such payment is made. Servasport reserves the right to come to other payment arrangements on a case-by-case basis. (Agreements with the credit card issuer govern use of the End User's credit card, and the End User must refer to that agreement to ascertain its rights and liabilities as a cardholder.) The End User is charged in Sterling and conversion rates are worked out once a day against the EURO. This may change the sales price due to currency fluctuations. The final purchase amount is the amount reflected on the Credit Card holder's statement.
Termination or Cancellation by the End User. The End User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective the End User must carry out such termination in accordance with the policies and procedures established by Servasport, which will be posted in the Billing Information section or similar location within the Servasport web site. Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to info@Servasport.com.
The cost of sending SMS messages to mobile numbers is subject to change should the Mobile Network Operators increase their rates. The End User acknowledges that the increased charges may be applied with immediate effect.
The End User acknowledges that Servasport are dependant on various telecommunications networks and institutions for the delivery of its messages and that Servasport may adjust its prices and offering, should the prices be adjusted due to reasons which are not in Servasport's control. Servasport undertakes to notify the End User of such adjustments in writing, prior to implementing such adjustments. Should the End User's account not have any credits left, the said account will automatically expire. The account will be re-activated upon payment for new message units. Any message units purchased must be used up within 120 days from the date on which it had been purchased. Servasport may extend this period on a case-by-case basis at its sole discretion.
Refunds for SMS message credits:
Refunds are not provided for SMS bundles or credits purchased except in exceptional circumstances, for example in the event of system failure. Credits will be refunded at the discretion of Servasport alone. In the event where a refund is provided the amount requested for refund must be the same amount as message credits are left in the End User's account, i.e. all messages sent will be subtracted from the End User's account. Further to that the End User will receive back the amount which fits in with the corresponding volume-option - i.e. on the cost-scale equivalent to the amount of message credits sent. There is a 10% charge on all refunds.
Refunds for branding fees, licenses, monthly administration fees, and any other fee that the End User pays to Servasport which excludes all SMS message credit fees: no refunds will be made for any fees which are not related to SMS message credits.
Credit-based billing principles. Servasport are able to charge variable amounts of credits per message sent through its system. These variable amounts are published on Servasport's coverage pages from time to time, and Servasport charges the published rate when a message is sent through the system. The End User may however select the bands or profiles which will apply to specific products, thereby defining the maximum charge per message. The End User understands that the number of credits to a specific destination network may change due to various factors, and that Servasport may adjust these rates whenever it deems it necessary to do so. Should the End User not have selected a specific band or profile that supports delivery to a specific destination, the End User understands and accepts that messages sent may not be delivered to such destinations. Conversely, should the End User have chosen specific bands which support a higher credit rate per message, and is not aware that a specific route at the time of sending the message to Servasport will be charged at the said higher rate, the End User accepts that he/she will be charged at whichever rate was at that stage applicable to the desired destination network or MSISDN number.
MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
Modification of Terms. Servasport frequently updates, modifies, and otherwise continually seeks to improve the Servasport services and products. Such changes often dictate that Servasport simultaneously modify Servasport's Terms and Conditions of Use. As such, Servasport shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the Servasport service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the End User of the Service after any such change has been posted shall constitute the acceptance of any such changes. If the End User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The End User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.
Termination, Cancellation and/or Suspension by Servasport; Disclosure of Information. This Agreement and the license granted here under may be terminated, canceled and/or suspended by Servasport at any time if, in Servasport's sole discretion, the End User breaches these Terms of Service. Such termination, cancellation and/or suspension by Servasport shall be effective immediately upon notification by Servasport to the End User in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, Servasport may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the End User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. Servasport reserves the right to suspend the End User's service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the End User's status as being a Servasport Client, financial status of the End User or the content of the messages originating from the End User.
In the event that Servasport receives complaints from recipients or third parties with respect to the use of the Service, Servasport additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.
Termination or Cancellation by the End User. The End User free to terminate or cancel this Agreement at any time, in accordance with termination policies.
Obligations Upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this Service Agreement, the End User is responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Payment and other obligations under this Service Agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of Servasport (in whole or in part) where said suspension arises from the End User's failure to comply with, or violation of, the terms of this Service Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the End User agrees to immediately cease using Servasport and remove all Servasport software and applications on any computer, database, server (local or remote) in your possession or under its control. Servasport shall have no obligation to the End User after any termination or cancellation of this Service Agreement, excepting the point below.
Financial obligations of Servasport upon Termination and/or Cancellation. Should the termination of services result in a situation where the End User still has credits (or messages that are pre-paid) at any stage, the End User shall receive back the monetary value of such credits in full, save any expenses that may be incurred by Servasport to facilitate this remuneration, including but not limited to payment commissions, transfer duties, legal costs, third-party involvement.
NO WARRANTIES OR LIABILITIES
GENERALLY. THE END USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE INTERNET GENERALLY IS AT ITS OWN RISK AND THAT SERVASPORT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. SERVASPORT WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO SERVASPORT AVAILABLE TO THE END USER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE END USER WILL BE ABLE TO ACCESS SERVASPORT AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
Whilst Servasport will ensure that the service is reasonably available at all times, will at all times endeavor to maintain connections to as many aggregators, gateways and Carriers as are, in its discretion, commercially viable and make all upgrades to the Servasport service available to The End User in a commercially reasonable and timely manner, the End User acknowledges that Servasport cannot guarantee the availability of a Carrier's SMSC. Thus user expressly acknowledges and agrees that use of the service and the internet generally is at its own risk and that Servasport is provided "as is" and "as available" without any warranties whatsoever, express or implied. Servasport will use commercially reasonable efforts to ensure access to Servasport is available to the End User through the required access protocols, but makes no warranty or guarantee that the End User will be able to access Servasport at any particular time or any particular location.
ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in this document, Servasport and its affiliates, agents, content providers, service providers, and licensors:
(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF SERVASPORT GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF SERVASPORT GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
(ii) SHALL IN NO EVENT BE LIABLE TO The End User OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY, AND ANY ASPECT ANCILLARY THERETO; (The End User AGREES TO INDEMNIFY SERVASPORT PURSUANT TO SECTION 11 HEREOF FOR ANY AND ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRUPTIONS IN CONNECTION WITH REGARD TO USE OF THE SERVICE);
WITHOUT IN ANY WAY LIMITING THE FOREGOING, SERVASPORT SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO TWO TIMES THE LOWEST MONTHLY TRANSACTION FEE APPLICABLE TO SUCH ACCOUNT AND /OR CLAIM IN EFFECT FOR THE MONTHLY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY The End User AND/OR The End User ALLEGING LIABILITY.
HIGH RISK ACTIVITIES. THE SERVASPORT SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF SERVASPORT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, SERVASPORT AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, SERVASPORT'S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
THIRD PARTY BENEFICIARIES
Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section 9 herein are for the benefit of Servasport and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.
The End User agrees to indemnify, hold harmless, and defend Servasport and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, solicitors' fees and disbursements) arising from or relating to (i) the use of the Service in any manner which violates the terms of this Service Agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The End User agrees to cooperate as fully as reasonably required in the defense of any claim. Servasport reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the End User.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders. This Agreement shall be governed by and construed and interpreted in accordance with the law of the Northern Ireland. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the End User does not have any authority of any kind to bind Servasport in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms and conditions constitute the whole agreement between Servasport and the End User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.