IrishCentral Shamrock Club program
Terms and Conditions
The IrishCentral Shamrock Club program (“the Club or the Program”) is offered by IrishCentral LLC (“the Company”), to provide members of the Club (“Members”) the opportunity to take advantage of benefits and services offered through the Program from the Company and its participating Program sponsors,, affiliates, partners and service providers (together, “Providers”) . These terms and conditions (this "Agreement") govern the Club and your relationship with the Providers of the Program (collectively "we," "us," "our," "ours"). Purchase or use of any membership in the Club ("Membership") at any time subjects the purchaser or user ("you," "your," "yours," "Member") to the provisions of this Agreement, as amended from time to time. Except as set forth below, this Agreement governs the Program effective as of November 30, 2012.
1. PROGRAM BENEFITS. (a) The services and benefits which the Company shall provide to you during the term of your Membership shall include the following: (i) a dining discount service through which the Company shall act as your agent for the purpose of securing discounts for dining at participating restaurants; (ii) a discount shopping service that shall provide discounts and promotional offers on everyday needs & services with selected merchants and Providers (the Discount);; (iii) a one year (4 issues) subscription to Irish America Magazine; (iv) special offers from select Irish merchants and travel services; (v) discounts on select Irish theater, concerts and shows; (vi) a donation of 5% of annual membership fees collected to a qualified Irish charity as selected by IrishCentral. . . (b) IrishCentral reserves the right to modify or improve any part of the Program at any time and without notice.
2. CERTAIN CONDITIONS.
(a) Specific terms and conditions, including but not limited to minimum purchase requirements, availability and time and date restrictions, may apply to each Discount and will be described on the page featuring the Discount at http://www.IrishCentral.com/shamrockclub.
(b) For the Discount or other benefits to apply, the Membership account must be active and available at the time of purchase. Members will NOT be reimbursed retroactively for purchases made without an active and available Membership at the time of purchase.
(c) The Discount is only valid on eligible purchases at any participating merchant.
(d) Memberships are for individual use only and are non-transferable and are being made available to US residents. The program is void where prohibited.
(e) We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number.
3. MEMBERSHIP FEE. The annual Membership fee is currently $29.95 for Green level memberships and $99.95 for Gold levels. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The initial Membership fee is not refundable.
4. TERM; AUTOMATIC RENEWAL; BILLING. The initial term of a Membership shall commence on the date it is purchased and continue for a term of one (1) year in which the Membership was purchased. Each membership must be properly renewed by the Member each year in order to maintain the membership in force. A renewal reminder notice will be emailed to you prior to the expiration of your current term.Your membership will automatically renew (therein referred to as a "Renewal Membership") each year for additional one-year periods commencing on the day after the anniversary of the day in which the Membership was purchased (referred to as "Automatic Renewal Membership") unless you notify Member Service at 866-663-3847, of your decision to opt out of Automatic Renewal Membership. . Automatic Renewal Membership fees will be billed automatically to the credit card we currently have on file, in the amount of the then current Membership fee on or around the day of the month in which your current Membership or Renewal Membership term expires. Gift memberships will not be automatically renewed but a renewal notice will be sent to the Member.
5. CANCELLATION; TERMINATION.
(a) You have the right to cancel your Membership at any time by calling Member Services at 866-663-3847 or writing to: IrishCentral Shamrock Club, 875 Ave of the Americas, New York, NY 10001 Attention: Membership Department. If you cancel your Membership you will only be able to prevent future charges for Renewal Membership Terms. Your Membership benefits will continue until expiration of the Membership current term.
(b) We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will be entitled to a pro rata refund of your Membership fee.
(c) We may terminate any or all of the benefits available under the Program at any time with or without notice. In the event of our termination of the Program, at our election we will either maintain your Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.
7. DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF THE PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE CLUB WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE PROGRAM WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE of USE THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CLUB MEMBERSHIP DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8. GOVERNING LAW. This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of law principles.
9. BINDING ARBITRATION. Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Membership Providers from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
10. ACKNOWLEDGMENT. This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the IrishCentral Shamrock Club program with respect to the Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the Program is deemed to have accepted the terms and conditions of this Agreement.
11. CHANGES TO THIS AGREEMENT. We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Program website located at http://www.IrishCentral.com/ShamrockClub. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at http://www.IrishCentral.com/ShamrockClub. You may also obtain the current version of this Agreement by calling Member Services at 866-663-3847.
This Agreement was last modified on November 30, 2012.