Terms & Conditions
Website Terms and Conditions
We reserve the right to update or amend the Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. IT IS THEREFORE YOUR RESPONSIBILITY TO CHECK THE TERMS AND CONDITIONS REGULARLY FOR ANY CHANGES.
1. WHO WE ARE AND WHAT WE DO
1.1. leanonme.eu (“the Website”) is a website operated by Inline Events Limited an Irish Registered Company [CRO Number 516469] trading as Lean On Me (Lean On Me), with our registered office at 6/7 Glentworth Street, Limerick City (“we”, “us” or ”our”) and includes any other companies within the Inline Events Limited Group of companies, including our affiliates, parents and subsidiaries, who have developed an online platform to help struggling businesses who have been forced to close their doors during the COVID 19 Crisis.
The purpose of our website is to help those businesses by providing an online platform which allows a participating business (“PB”) to register and promote their business and most importantly allows their loyal and valued clients, customer and friends to prepay the PB for goods or services by paying them now which would be used in the future once the relevant PB are back in operation.
1.2. As a platform provider, we help facilitate transactions for and between PB’s and their Customers on our platform. We are never a buyer or a seller; we merely provide an online venue for you to negotiate and complete transactions. The Website provides services (“Services”) that include but are not limited to:
- Displaying information provided by PB’s about their business.
- Facilitating the connection between the PB and the Customer.
- Purchasing of a Voucher from the PB in due course
- A Coupon will issue from Lean on Me as a record of the transaction between the PB andthe Customer (See Coupons Terms and Conditions)
1.3. For the avoidance of doubt nothing in these Terms and Conditions shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost, or enter into any contracts or other arrangements in the name of or on behalf of the other.
1.4. The Website and our Services are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access the Website only through standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Website, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
1.5. Limited Licence: Notwithstanding any other term of these Terms and Conditions, you shall be permitted to crawl, index, display or cache the contents of the Website solely for the purpose of (i) displaying the Website as part of search engine results, and (ii) optimising (through Accelerated Mobile Pages, or otherwise) the delivery of the Website to other users of the Website. Lean On Me reserves all rights, including copyright, in its HTML code and content (including code that is optimised for Accelerated Mobile Pages) and nothing in these Terms and Conditions shall act as an express or implied waiver of any of Lean On Me’s rights, or its ability to enforce the terms of these Terms and Condition.
1.6. Prevention on use: We reserve the right to prevent you from using the Website and the Services (or any part of them).
1.7. Definitions: In Terms and Conditions, we use various defined terms. You will know they are defined because they begin with a capital letter and are defined throughout the body of this document and the ancillary documents which form part of these Terms and Conditions.
2. REGISTERING WITH US AS A PARTICIPATING BUSINESS (PB)
2.1. Why Register: All PB’s must Register in order to promote your business on the Website and to complete a transaction with the Customer through the Website.
As a Customer, if you make a purchase from the PB you may use the guest checkout or you may create an Account with us. We will create an Account for you based on the information provided to us in connection with the transaction (e.g. your name, address, email address, and other transaction information). We reserve the right to decline a new registration or to cancel an Account at any time. You register with us so you don’t have to re-enter your information every time you buy something.
2.2. To register as a PB you need to supply us with the following information:-
- (i) Your Stripe Account
- (ii) Registered Company name and registered business name (if any).
- (iii) Registered address and trading address if different.,
- (iv) Contact details to include; telephone number and email address of principle contact.
- (v) Description/ Logo/Images of business .
To register as a Customer and open an account you need to supply us with your name, address, email and telephone number.
2.3. Passwords: During registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or any breach of security known to you. Your password should be changed regularly and you agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
2.4. Valid email addresses: All Accounts must be registered with a valid personal email address that you access regularly. Any Accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.
3. LEAN ON ME’S LIMITATION OF ITS LIABILITY
3.1. This section 3 takes precedence over all other sections in this Agreement and sets forth our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Services or Website or any purchase (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.
3.2. Use of the Website/Services is at your own risk. Lean On Me has not carried out any due diligence as to the veracity of the information provided by the PB’s and provides no warranty to this effect. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
3.3. To the extent permitted by law, Lean On Me will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services. Lean On Me takes no responsibility or bears no liability if a PB cannot or will not redeem the Coupon. Please see Coupon Terms and Conditions in this regard.
3.4. Lean On Me makes no warranty that the Website/Services will meet your requirements, that content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
3.5. Except as expressly stated in these Terms and Conditions, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
3.6. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
3.7. You, the PB and Customer agree to indemnify and hold Lean On Me harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against us by any third party arising out of your use of the Website/Services and/or any content submitted, posted or transmitted through the Website and or Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Lean On Me in consequence of your breach of these Terms and Conditions.
4. YOUR OBLIGATIONS
4.1. You warrant that all information provided on Registration and contained as part of your Account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.
4.2. Without limitation, you undertake not to use or permit anyone else to use the Services or Website:
4.3.1. to upload, send or receive any material, including user content, which is not civil or tasteful;
4.3.2. to upload, send or receive any material, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
4.3.3. to upload, send or receive any material, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
4.3.4. to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);
4.3.5. to cause annoyance, inconvenience or needless anxiety;
4.3.6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
4.3.7. for a purpose other than which we have designed them or intended them to be used;
4.3.8. for any fraudulent purpose; or
4.3.9. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
4.4. The following uses of the Website and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
4.4.1. resell the Services or Website;
4.4.2. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
4.4.3. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
4.4.4. access the Services (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
4.4.5. execute any form of network monitoring which will intercept data not intended for you;
4.4.6. send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
4.4.7. create or forward “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
4.4.8. send malicious email, including flooding a user or site with very large or numerous emails;
4.4.9. enter into fraudulent interactions or transactions with us or a PB (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
4.4.10. use the Services or Website (or any relevant functionality of either of them) in breach of this Agreement;
4.4.11. use in an unauthorised manner, or forge, mail header information;
4.4.12. engage in any unlawful or criminal activity in connection with the use of the Services and/or the Website or any Coupon; or
4.5. Equipment: The Services and use of the Website does not include the provision of a computer or other necessary equipment to access the Website or the Services. To use the Website or Services, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
5.1 You will honour the full value of the Coupon (gross of Payment Processing Partners fees) and HEREBY UNDERTAKE to reopen the business and honour the issuance of all Vouchers purchased by Customers (the Coupon being a record of this transaction).
5.2 If at any point it becomes clear that you will not be able to reopen the business you must immediately notify Lean On Me to close the account on the Website and all refences to the PB will be immediately removed from the Website and in these circumstances you must use your best endeavours to refund all payments received from Customers for Vouchers.
5.3 In the event that Lean On Me issues Coupons representing transactions in excess of €1,000 to a PB, Lean On Me reserves the right to request on demand the PB to provide such information, undertakings and indemnities as are necessary, to satisfy Lean On Me that the PB can reasonably be expected to re-open following the Covid 19 restrictions having been lifted. In the event that Lean On Me does not request the PB to provide the information specified in this clause 5.3 the PB automatically confirms its undertaking and representation with the Customer and Lean On Me to reopen its business and honour the issuance of all Vouchers purchased by Customers as set out at Clause 5.1 above.
5.4 Lean On Me, reserves the right to request such additional information as is necessary from the PB at any time to complete the necessary due diligence to allow the PB to remain on the Website and to confirm the PB’s express representation to reopen its business following the lifting of the Covid 19 restrictions on it’s business.
5.5. In the event that a PB refuses, fails or neglects to comply with any such requests of Lean On Me as more particularly set out at 5.4 above, Lean On Me may suspend and terminate the PB account immediately until such time as the PB provides the necessary information to reasonably satisfy Lean On Me of its ability and commitment to re-open its business.
6. RULES ABOUT USE OF THE SERVICES AND THE WEBSITE
6.1. Errors and omissions: We are not liable for errors or omissions. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information forming part of the Services from time to time.
6.2. We do not give any warranty that the Services or the Website are free from viruses or anything else which may have a harmful effect on any technology.
6.3. Stopping access: Although we will try to allow uninterrupted access to the Services and the Website, access to the Services and the Website may be suspended, restricted or terminated at any time. Your access to the Website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
6.5. Multiple Accounts: If you use multiple Accounts, if we do take any action against you, you may have action taken against all of your Accounts.
7. SUSPENSION AND TERMINATION
7.1. If you use (or anyone other than you, with your permission uses) the Services or Website in contravention of this Agreement, we may suspend your use of the Services and/or Website (in whole or in part).
7.2. If we suspend the Services or Website, we may refuse to restore the Services or Website until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.
7.3. Lean On Me shall fully co-operate with any law enforcement authorities or court order requesting or directing Lean On Me to disclose the identity or locate anyone in breach of these Terms and Conditions.
7.4. Without limitation to anything else in this section 6, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Website; ii) suspend your use of the Services and/or Website; iii) suspend the use of the Services and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this agreement immediately if:
7.4.1. you commit any breach of these Terms and Conditions;
7.4.2. we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
7.4.3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
7.5. Notwithstanding anything else in this section 6, we may terminate this Agreement at any time.
7.6. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
7.7. Email requests to terminate your Account should be send to email@example.com We will endeavour to ensure that your Account is closed and that all references to you are removed from Website within 48 hours of your electronic request having been received.
9. LINKS TO AND FROM OTHER SITES
9.1. Where the Website contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products of Other Sites (including relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Website, you do so entirely at your own risk.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Website and its content (including without limitation the Website design, text, processes, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes files, text and graphics that are intentionally made available on the Website for downloading, copying and/or printing, such as downloadable Coupons.
11. Payment Processing Partner Fees and Administration
11.1 All monies relating to purchases from the PB’s through the Website net of third party (Payment Processing Partners) provider fees initially being Stripe and Fire Financial Services (see https://www.fire.com/business-fees-and-charges &
https://stripe.com/ie/pricing?utm_campaign=paid_brand-IE_en_Search_Brand_Stripe- 1615558792&utm_medium=cpc&utm_source=google&ad_content=307395167915&utm_term=stri pe%20fees&utm_matchtype=e&utm_adposition=&utm_device=c&gclid=Cj0KCQjwyur0BRDcARIsA Et86ICnRacSVel85MJySu8wpO4JKPtk9iTCGq9OUWo4oGCkgchtjz1H60YaAoSmEALw_wcB ) will be administered by GRID Finance Impact Limited on behalf of Inline Events Limited/Lean On Me for a short administrative period before being remitted to PB’s. These funds may reside in accounts administered by Stripe, FIRE Financial Services and other institutions for the purposes of receiving, ringfencing, reconciling and onwards transmission of funds to the PB’s. Grid Finance Impact Limited and Inline Events Limited t/a Lean on Me are not receiving specific payment instructions from Customers or PB’s and will not deduct, and waives the right to impose, any other fees for the provision of the services described herein during the period during which the government has imposed restrictions on the PB’s but reserves the right to impose fees if the services continue to be provided beyond that period. Any such fees if imposed will be identified clearly to and agreed by users before any transaction can be processed.
11.2 For the avoidance of doubt, Inline Events Ltd / Lean on Me does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to a PB or Customer. To provide the Services, we utilise third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) and we, PB’s and Customers are subject to the rules and regulations and fees of such Payment Processing Partners.
11.3 Delays: Monies being transmitted by Payment Processing Partners are not completed immediately and in some instances are held by Payment Processing Partners such as Stripe for a period of 7 to 14 days for which PB’s and Customers are bound by Payment Processing Partners terms.
11.4 Payment Providers: At the sole discretion of Lean On Me the platform may change its payment providers and request PB’s to set up a Stripe account in order to remain on www.leanonme.eu
12.1. Interpretation: In this Agreement:
12.1.1. words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
12.1.2. section headings such as (“12. GENERAL” at the start of this section) and section titles (such as “Interpretation:” at the start of this section 12.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
12.1.3. references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
12.2. No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.
12.3. Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
12.4. Survival: In any event, the provisions of sections 1, and 3 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Services or Website again, then the provisions of the terms and conditions that then apply will govern your re-use of the Services or Website. In the event you use Coupons bought under this Agreement, then those provisions applicable to Coupons will survive termination of this Agreement.
12.5. Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
12.6. Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Ireland.
12.7 Additional Terms
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully:
13. Data Protection