MyPlace Terms of Service

Agreement Scope

1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by MyPlace Media Ltd trading as MyPlace Connect of 36 Baggot Street Upper, Dublin, D04 R6Y6, Ireland (we or us) to the person buying the services (you).
2. By accepting our quotation or signing up to use our service on our website, you agree to these Terms and Conditions. These Terms and Conditions, together with our quotation, constitute the entire agreement between you and us.
3. You agree that you have not relied on any statements, promises, or representations made by us, other than those explicitly set forth in these Terms and Conditions and our quotation. These Terms and Conditions govern the entire agreement between you and us and supersede any other terms, including any terms you may try to impose or incorporate, or that are implied by trade, custom, practice, or course of dealing.

Data & Data Protection

1. Your business retains full ownership of all data collected through MyPlace Connect. We will never claim ownership of your data or attempt to alter this ownership arrangement.
2. If you decide that the data collected by MyPlace Connect is no longer needed, you may request that we delete the data from our systems. Upon receiving such a request, we will purge the data from our servers and it will no longer be available through our services.
3. We reserve the right to use anonymized data for the purpose of improving our services and providing additional value to our customers. This data will be used solely for internal data and analytic purposes and will not be sold or disclosed to third parties. It will not be possible to identify individual customers or businesses from this data.
4. Our service complies with EU GDPR and California Consumer Privacy Act (CCPA), the strictest data protection legislations in the world, and will generally apply in most jurisdictions. However, it is your responsibility to ensure compliance with any additional data protection legislation in your jurisdiction.
5. While our service complies with the required data legislation, we cannot control what you do when you use the data outside of our system. You should retain the same respect for users data and privacy, and comply with all regulations when you use data collected on our service on other third party services

Interpretation

1. For the purposes of these Terms and Conditions, a “business day” refers to any day that is not a Saturday, Sunday, or public holiday.
2. The headings used in these Terms and Conditions are provided for convenience and reference purposes only. They do not have any legal significance or impact on the interpretation of the terms contained in the agreement.
3. Unless explicitly stated otherwise, words used in the singular form in these Terms and Conditions shall include the plural form, and vice versa.

Services Provided

1. We promise to provide the services with reasonable care and skill, and in compliance with the quotation and any material specifications. If necessary, we may make changes to the services to comply with legal or safety requirements, and we will notify you accordingly.
2. We will make every reasonable effort to complete the services within the time frame specified in the quotation, but we cannot guarantee that this will always be possible. It is understood that time is not of the essence in the performance of our obligations

Cancelation and Amendment

1. We reserve the right to withdraw, cancel, or modify a quotation if it has not been accepted by you or if the services have not commenced within 30 days of the date of the quotation (unless the quotation has already been withdrawn).
2. Either party may cancel an order for any reason prior to the acceptance or rejection of the quotation.
3. If you need to make any changes to the services, please notify us in writing as soon as possible. We will make every reasonable effort to accommodate your requests, and any additional costs associated with the changes will be included in the fees and invoiced to you.
4. If circumstances beyond our control require us to make changes to the services or how they are provided, we will promptly notify you. We will make every effort to minimize the impact of such changes.

Payment

1. Payments will be processed automatically using the payment method stored on your account
2. Payment is due within 10 days of the invoice date, or as per the credit terms agreed between us.
3. If payment is not made within the specified period, we may suspend further provision of the Services and cancel any future services that have been arranged with you.
4. Where a card stored for payment has expired, it must be replaced within 30 days of the invoice date

Assignment

1. We reserve the right to assign, transfer, charge, subcontract, or otherwise deal with any of our rights under these Terms and Conditions, as well as delegate any or all of our obligations to any third party.
2. You cannot assign, transfer, charge, subcontract or otherwise deal with your rights or obligations under these Terms and Conditions without our prior written consent.

Termination

You shall be permitted to terminate the agreement on the occurrence of the following events:

• MyPlace suffering an act of insolvency, being: the appointment of a receiver, liquidator or examiner or the calling of a creditors meeting
• There being a material breach of the terms of this agreement which is capable of remedy, but is not remedied by MyPlace within 30 days of being called to do so
• There being a breach of the terms of this agreement which is not capable of remedy

MyPlace shall be permitted to terminate this agreement on the occurrence of the following events:

• You or MyPlace the suffering an event of insolvency, being: the appointment of a receiver, liquidator or examiner or the calling of a creditors meeting
• There being a material breach of the terms of this Agreement by you and/or MyPlace which is capable of remedy but is not remedied by you and/or MyPlace within 30 days of being called upon to do so; or
• There being a breach of the terms of this agreement which is not capable of remedy

Intellectual Property

1. We retain all copyrights and other intellectual property rights in any goods supplied in connection with the Services. We may take necessary action to prevent infringement of these rights.

Liability and Indemnity

1. We limit our liability to you as outlined in this clause, including liability under these Terms and Conditions, in breach of statutory duty, in tort or misrepresentation, or otherwise.
2. Our liability for any claim, whether in contract, tort, or otherwise, is limited to the total amount of Fees you have paid under the Contract.
3. We are not responsible (whether due to our employees, agents or otherwise) for any liability arising from our provision of the Services or any other obligations under these Terms and Conditions or the quotation, including:
   1. Any indirect or consequential losses or damages, costs or expenses.
   2. Any loss of profits, business, data, reputation, or any third party claims.
   3. Any failure to perform obligations due to causes beyond our control.
   4. Losses caused by your breach of obligations.
   5. Losses arising from the choice of Services or their use meeting your requirements.
4. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees

Law & Jurisdiction

1. These Terms and Conditions are interpreted and governed by the laws of Ireland. Any disputes arising from these Terms and Conditions are subject to the exclusive jurisdiction of the Irish courts.