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TERMS AND CONDITIONS

  1. INTRODUCTION

Thank you for selecting www.cribmed.com (referred to as “Site”, “CribMed.com”, “CribMed”, “CribMed’s”, “Crib Med”, “Crib Med’s”, “we”, “our”, or “us”) means Crib Med Limited, a limited liability company incorporated under the laws of Ireland, and having its registered address at GROUND FLOOR, 8-9 MARINO MART FAIRVIEW, Dublin, CLONTARF D03 P590 Ireland.

Please read these Terms of Use (“Terms”) carefully. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. The Terms are a legal agreement between you and us in relation to your use of the Site and its associated services (the “Agreement”).

Key Terms

“Crib Med Content” means all Content that CRIB MED makes available through the Site, Application, or Services, including any Content licensed from a third party.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“User” means a person who uses or navigates through [http://www.Crib Med.com] or any other domain included above.

”Site” means the domain .com, or any other included above, under which CRIB MED allows users to use or navigate the online platform.

”Application” means any application on mobile devices that allow users to enjoy the same services as provided in the Site.

“Tenants” means a User who requests a booking of an Accommodation via the Site, Application or Services, or a User who stays at an Accommodation and is not the Landlord for such Accommodation.

“Landlord” means a User who agrees with the CRIB MED team on publishing a Listing via the Site, Application and Services in order to be booked by Users. Landlords can be individuals, companies or any other entity that owns or manage properties to rent for more than one month.

“You” means a User, Tenant or Landlord (as applicable).

“Listing” means an Accommodation that is listed by the CRIB MED team as agreed with the Landlord and as available for rental via the Site, Application, and Services.

“Lease Agreement” means the private tenancy agreement signed between Landlord and Tenant in which CRIB MED is not a party.

“Check in date” means the date in which the Tenant moves into the Accommodation.

“Check out date” means the date in which the Tenant moves out of the Accommodation.

“Down Payment” means the payment needed to secure the desired property which consists of the first month rent, plus the Crib Med Service Fee for the entire stay up to a maximum of 12 months.

“Security Deposit” means the security deposit that the Tenant pays directly to the Landlord at the beginning of their stay and is refundable at the end of their stay, by the Landlord, if the conditions under the Lease Agreement have been complied with.

“Service fee” means the fee paid through the site by the Tenant when he/she books through the Site, Application or Services.

“Booking Request” means when a Tenant clicks on the “Request to Book” button and fills out the booking form through the Site, Application or Services. The Booking Request converts to the form of an email that the Landlord receives which contains all the information requested in the booking form. The Booking Request also contains the check-in dates, check-out dates, and the amount of the first month’s rent corresponding to the Accommodation.

“Marketing Material” means photography, videography, floor plans and any other marketing material designed, created and developed by CRIB MED or any of its subcontractors.

“Tax” or “Taxes” means any sales taxes, GST, value added tax (VAT), and other similar municipal, province or state indirect or other withholding and personal or corporate income taxes.

 

  1. USE CONSTITUTES ACCEPTANCE

By accessing the Site or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.

  1. SCOPE

These Terms govern your use of the Site and its associated and services including Landlord and Tenant accommodation rentals, rating and commenting on Crib Med Landlords and properties, advertising, all communications, content, updates and new releases, (collectively, the “Services”). It includes by reference the Site’s Privacy Policy. All of the Site and Services are within the scope of this Agreement.

  1. OUR RELATIONSHIP WITH YOU

Crib Med is an online platform that helps Landlords and Tenants meet and transact accommodation and facilitate communications. We are an independent contractor for all purposes, and are NOT your agent or trustee. We do NOT have control of, or liability for, the accommodations or services that are exchanged between third party Landlords and Tenants. We do NOT guarantee the identity of any Landlord or Tenant or ensure that a Landlord or a Tenant will satisfactorily complete any transaction and we do NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ACCOMODATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. Our role is STRICTLY LIMITED to that of a facilitator and third-party record-keeper. We are NOT to be considered a Landlord or Tenant ourselves and we do NOT provide any accommodation services. We do NOT endorse, promote or represent the truthfulness or accuracy of any statement made on or throughout the Crib Med Site or Services. YOU UNDERSTAND AND AGREE THAT CRIB MED IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LANDLORDS AND TENANTS, NOR IS CRIB MED A REAL ESTATE BROKER, AGENT OR INSURER. CRIB MED HAS NO CONTROL OVER THE CONDUCT OF LANDLORDS, TENANTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY HOUSING OR ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

  1. PROTECTION OF MINORS

You must be 18 years or older to use the Site or any Service and must be 18 years or older to book accommodation or act as a Crib Med Landlord. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.

  1. NO DUTY TO MONITOR

You agree that we are not liable for content that is provided by others. We have no duty to screen content supplied by Landlords, Tenants or other users, but we have the right to refuse to post submitted content. We reserve the right to remove any content for any reason at any time.

  1. CHANGES TO CRIB MED

We may discontinue or change any Crib Med content, service, function or feature at any time with or without notice.

  1. NAMES

If you wish to register with the Site you will need to use your own name. Only your first name will be visible before any confirmed Bookings. At the time of a confirmed Booking your full name will be available for your Tenant to see. Using your own name, you consent to it being passed to others by use of certain of the functions of Site. Crib Med reserves the right to reject or remove any name.

 

  1. THIRD PARTIES AND EXTERNAL LINKS

 

9.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold Crib Med liable for any disputes you may have with such third party supplier.

 

9.2 Links: This Site provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources.  If you decide to access any third party websites linked to this Site you do so entirely at your own risk.

9.3 Some parts of the CRIB MED Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, [http://www.google.com/intl/en_us/help/terms_maps.html].

9.4 Some other parts of the CRIB MED Platform implement YouTube for videos. Your use of YouTube is subject to YouTube’s terms of use, located at, [https://www.youtube.com/t/terms]

9.5 The floor plans contained in CRIB MED are for information purposes only, and only reflect approximate measurements of the properties or its rooms. By no means are the measurements or dimensions of the floor plans on CRIB MED are accurate, and their function is only to suggest the position of different rooms in a property. CRIB MED is not liable for any misleading information caused by the floor plans or its possible lack of accuracy.

  1. COOKIES

Cookies are small data files that your browser places on your computer or device.  Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting Crib Med.

Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer.

You can visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. Note, however, that if you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly.

  1. LANDLORD and TENANT

11.1 Landlord Responsibilities:

a) As a Crib Med Landlord it is your responsibility to ensure the accommodation you provide is:

    1. Legally compliant, for example in respect of any applicable permitting, zoning, safety, and health regulations, building or co-op regulations, subletting permissions and so on
    2. Clean and sanitary.
    3. A true and accurate description of the actual property of the listing you intend to rent.

b) Listing a property is free of charge for the Landlord. By creating the listing the Landlord approves its publication. By approving the publication of the listing, the Landlord agrees and accepts these Terms. The Landlord understands and agrees that once the Tenant books the Accommodation, the price of such booking may not be altered. In the case that the Landlord alters the price, the Tenant will have the right to cancel the booking.

 

c) You as the Landlord, in the case of a pre check-in cancellation by yourself, as Landlord, agree to refund the Tenant according to clause12.2 Cancellation policy for Landlords, or in the case of a pre check-in cancellation by the Tenant, agree to clause12.3 Cancellation policies for Tenants.

 

d) You as the Landlord will be required to have a current Stripe account to receive any payments derived from the use of the Crib Med online platform.

11.2 Monthly Rent Payments: Crib Med makes available an online platform or marketplace for Tenants and Landlords to meet online and arrange for bookings of Accommodations directly with each other. Crib Med is not a property manager or a travel agency. Our role is limited to providing the Site, facilitating communications and serving as the limited payment collector of ONLY the first month’s rent of each Landlord from Tenants on behalf of the Landlord. Crib Med takes no responsibility for the collection of the following rent instalments. It is up to the Landlord to collect subsequent monthly payments including utility bills or any other expenses or Security Deposit and be responsible for and to abide by and adhere to all local laws, rules and regulations applicable to the advertisement of and rental of accommodation.

11.3 Security Deposit: Landlords may choose to include security deposits in their Listings (“Security Deposit”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing it is the responsibility of the Landlord to collect from the Tenant at Check In, and not before. The Security Deposit that the Tenant pays at the beginning of their stay is refundable at the end of their stay if the conditions under the Lease Agreement have been complied with, but Crib Med will not take part in determining what proportion of the original deposit will be returned to the Tenant upon their departure from the property. The quantity to be returned to the Tenant will be at the sole discretion of the Landlord as per the agreed conditions of the contract between Tenant and Landlord, and Crib Med will not intermediate at all on this matter. Crib Med is not a party between any legally binding document signed by the Tenant and Landlord. It is at this point where any dispute, conflict, disagreement or discord shall be dealt directly between Landlord and Tenant.

11.4 Accommodation Damages: You acknowledge and agree that as a Crib Med Tenant, you are responsible for leaving the accommodation in the condition in which you found it and you are responsible for your own acts and omissions as well as the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the accommodation. In the event that a Landlord provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Crib Med is not a party between any legally binding document signed by the Tenant and Landlord. It is at this point where any dispute, conflict, disagreement or discord shall be dealt directly between Landlord and Tenant.

11.5 Property Viewings: Crib Med does allow properties to be viewed before a booking is confirmed, however the viewing must be organised through the Crib Med online platform and a representative of Crib Med MUST be present at the property viewing. A property viewing is not guaranteed and the possibility of a property viewing depends on the availability of the property , the lease agreement conditions with the current Tenant and the availability of the Landlord and a Crib Med representative.

 

  1. PAYMENTS AND REFUNDS

12.1 Booking Process: To book and reserve a property, at the time of booking a Down Payment is needed payable only through the Crib Med online platform equalling the Landlord’s first month rent and the Crib Med Service Fee. After the property has been booked and payment confirmed the Landlord and Tenant can communicate directly to organise a private lease or tenancy agreement according to the terms and conditions and House Rules of the listing at time of booking. These payments are subsequently transferred to the Landlord and Crib Med. The corresponding payments are processed by Stripe and transferred to Crib Med Limited and the Landlord immediately. Thereafter future monthly rent instalments (if any), Security Deposit and bills (if any) are to be paid directly from the Tenant to the Landlord in whichever method stated in the Landlords conditions on their listing, or as agreed to by both parties. After the Tenant checks in and 24 hours period has passed, CRIB MED has no responsibility, at all, on what happens in that private legal relationship between the Landlord and the Tenant. Any standard Stripe fees incurred are charged Crib Med, however currency conversion fees and any other non standard fees, will be charged to the Tenant or Landlord. For more information regards Stripe fees please visit  www.Stripe.com

12.2 Cancellation policy for Landlords: The Landlord can, always after he/she has confirmed the Booking, cancel that Booking depending on the following terms:

a) Pre Check In:

 

If the Landlord cancels before the Tenant checks in, the Landlord shall refund the first month’s rent in full to the Tenant, and CRIB MED will refund the Crib Med Service fee in full to the Tenant. The Landlord must communicate their intention to cancel directly to the Tenant through the Crib Med online platform. By using this site the Landlord agrees to the standard ‘pre check in’ (12.3 a) cancellation policy for Tenants.

 

b) Post Check In:

 

The cancellation policies are those communicated by the Landlord in his House Rules and will be contained in the Landlord’s private lease or tenancy agreement in which, in any case, CRIB MED is not a party and Crib Med will not intermediate at all on this matter.

12.3 Cancellation policies for Tenants:  If you, as a Tenant, cancel the requested booking:

a) Pre Check In:

If the Booking has been confirmed and the Tenant cancels before the official Check In date only the full down-payment will be retained and no further payment will be required.

b) Post Check In:

The cancellation policies are those communicated by the Landlord in his House Rules and will be contained in the Landlord’s private lease or tenancy agreement in which, in any case, CRIB MED is not a party and Crib Med will not intermediate at all on this matter.

12.4 Minimum Standards and Landlord Responsibilities: If you are a Crib Med Landlord, you are responsible for ensuring that the accommodation you list on the Site meets minimum quality standards regarding access, adequacy of the description on the Site, safety, cleanliness, and does not present a Tenant with cause for a Crib Med complaint. During the 24-hour period following Tenant check-in, the Landlord should be available, or make a third-party available, in order to try, in good faith, to resolve any issues.

12.5 No Insurance: Nothing in these Terms is intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Tenant(s), and the Tenant(s) have not paid any premium in respect of the Crib Med refund policy.

12.6 Taxes and SALES TAX: means any sales taxes, GST, value added tax (VAT), and other similar municipal, province or state indirect or other withholding and personal or corporate income taxes. Crib Med will not pay any taxes on your behalf or provide you with any tax related advice. You are responsible to the authorities in the relevant country for payment of all applicable taxes. Crib Med only charges SALES TAX on the Crib Med Service fee and not on the rental fees paid to the Landlord. Landlords and Tenants are responsible for the calculation, collection and payment of any applicable taxes between themselves and Crib Med requires the parties to keep accurate financial records and make their remittances promptly.

12.7 Currency: CRIB MED charges in Euros (€) and thus the prices included on the Site, Application or Services are in Euros (€).

12.8 Service Fee:

a) Tenant

 

A Service Fee for the use of the Crib Med online platform is charged to the Tenant. This Service Fee ranges between 8% to 17% + (VAT 23%) depending on the length of stay and is calculated on the entire rental period up until a maximum of 12 months. The payment of this Service Fee is due at the time of booking as part of the Down Payment.

 

b) Landlord

 

The use of the Crib Med platform is currently free of charge for Landlords, however we reserve the right to levy Service Fees in the future. However from the Down Payment of the first month rent you could be charged directly by Stripe or Paypal for the cost of the transaction. The amount of this fee is based on the amount of the first month rent. This fee is calculated as a percentage and could be anything up to 3.4% of the total amount transferred to you, the Landlord. All transaction costs and fee deductions will appear in your Stripe account and not in your Crib Med online dashboard. For more information please visit the official Stripe website www.Stripe.com or Paypal website www.Paypal.com

 

  1. OWNERSHIP AND INTELLECTUAL PROPERTY

13.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The content of the Site is protected by copyright, trade-marks, database and other intellectual property rights. You may retrieve and display the content of the Site, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Crib Med.

13.2 License to Use Your Content: In these Terms, “your content” means all works and materials (including but not limited to text, images, documents, comments, graphics, audio material, video material, audio-visual material and files) that you submit to us or the Site for publication on the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:

a) reproduce, store and publish your content on and in relation to our Site and Services and any successor websites or services;

b) publish your content on and in relation to our Site and Services.

You may edit your content to the extent permitted using the editing functionality made available by us. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.

13.3 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services.

You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not Crib Med that will be liable.

13.4 Copyright Infringing Content: A portion of the Site’s content is contributed by our users and is known as User Generated Content (UGC). We do not check UGC for violations of copyright, trademarks or other rights but the Site is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA).

We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please contact us via the Contact section of the Site at contact@cribmed.com with the following information:

a) The name and address of the complaining party

b) A description of the infringing materials and their Internet location, usually the URL

c) Sufficient information to identify the copyrighted works

d) A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of

e) A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.

14. LICENSE TO USE OUR SERVICES

a) You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.

b) You acknowledge that the features and services provided by us may change at any time without prior notice to you.

c) You acknowledge that we reserve the right to sign out, terminate or delete your membership at any time and for any reason at our sole discretion.

d) Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Site.

e) We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.

15. ACCEPTABLE USE OF OUR SERVICES

You must not:

a) Use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility

b) Use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity

c) Use our Site or Services to copy, store, Landlord, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software

d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent

e) Access or otherwise interact with our Site or Services using any robot, spider or other automated means

f) Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

     16.  PERSONAL INFORMATION AND PRIVACY

The Crib Med Privacy Policy is provided on this Site. You agree to our Privacy Policy, and to any changes published by us. You agree that we may use and maintain your data according to the Crib Med Privacy Policy, as part of the Services.

    1 7.  YOUR CONTENTS

17.1 Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to us in any way.

17.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Crib Med in any way.

17.3 Prohibited Content: You may not use the Site or Services for any of the following purposes:

a) Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

b) Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

c) Gaining unauthorised access to other computer systems.

d) Interfering with any other person’s use or enjoyment of the Site.

e) Breaching any laws concerning the use of public telecommunications networks.

f) Interfering or disrupting networks or websites connected to the Site.

g) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

h) Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.

17.4 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.

  1. WARRANTIES AND DISCLAIMER

We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

  1. LIMITATIONS OF LIABILITY

You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

  1. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant to us that:

a) This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.

b) You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.

c) You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

d) All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.

21. INDEMNIFICATION

You agree to indemnify and hold harmless CribMed.com and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. CribMed.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by CribMed.com in the defence of any claims.

  1. TERMINATION

Crib Med reserves the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.

  1. JURISDICTION LIMITATIONS

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

  1. INTERNATIONAL USE

If you choose to access this Site from a location outside Ireland, you do so on your own initiative and you are responsible for compliance with local laws.

  1. GENERAL PROVISIONS

25.1 Entire Agreement: This Agreement incorporates by reference our Privacy Policy which collectively with this Agreement contain the entire understanding between the Parties and supersede all prior representations, agreements, statement and understandings, either verbal or in writing.

25.2 Governing Law:  You agree that the laws of Ireland govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

You further agree that any disputes or claims that you may have against us will be resolved by a court located in Ireland, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS IN ITALYOVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; and (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

25.3 Relationship of Parties: Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.

25.4 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.

25.5 Amendment: You may not amend or waive any provision of this Agreement unless in writing and signed by both Parties.

25.6 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.

25.7 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us at contact@cribmed.com.

25.8 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.

25.9 Severability:  If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.

25.10 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.

25.11 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.

25.12 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.

LAST UPDATE TO THE TERMS AND CONDITIONS: 1 March 2019

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