Important Legal Notice

The terms and conditions of use (the “Terms”) set out below apply to your use of the accessmunster.ie site (the “Site”) and to any email correspondence between us and you (“you”, the “User”).

These Terms refer to and apply in addition to the following terms, which also apply to your use of our Site:

Cookies Policy, which sets out information about how we use cookies on our Site;

Privacy Policy, which outlines what information we collect and how we use and protect it;

Applicable Fees, which sets out the fees applicable to use of this Site.

Munster Branch IRFU (“we”, “our”, “us” or “Munster Rugby”) operates the Site. Our registered office is Munster Rugby, Musgrave Park, Tramore Road, Ballyphehane, Cork, Ireland.

Please read these Terms carefully.

Use of the Site

By using the Site, including by paying the relevant subscription fee and creating an account, you agree to be legally bound by these Terms. If you do not wish to be bound by these Terms, then you may not access and must immediately cease using the Site. Please note that you must be over 18 years of age to access and sign up to a Site account. If you are under the age of 18, any access to and use of the Site is strictly prohibited. Please do not attempt to create an account. We reserve the right to disable any accounts created by individuals below the age of 18.

Nature of the Services

The Site is a subscription website where a User will be able to access f Munster Rugby content (video and written). The Site aims to bring supporters closer than ever to the squad and club.

Subscription Service

Enjoyment of our Site requires completion of an online registration process in order to obtain the requisite username and password necessary to access the Site. We are not under any obligation to accept a request for registration or subscription and reserve the right to suspend or terminate access at any time in accordance with these Terms. If your registration application is accepted by us, it is for a single user only. You must not share your username or password with any other person or persons, nor have multiple users on a network.

You have sole responsibility for the security of any passwords issued by us or chosen by you.

Site Fees, Payment and Registration

The relevant fees for accessing this subscription service will be as set out in the Applicable Fees Schedule.

All Site fees payments are processed through Stripe, and we do not collect any information on your method of payment (e.g., the credit card you used). You acknowledge and agree that your payment is subject to the Stripe Services Agreement – Ireland (the “Stripe Services Agreement”). By using the Site, you agree to be bound by the Stripe Services Agreement, as the same may be notified by Stripe from time to time. We shall have no liability in contract, tort (including, without limitation, negligence) or otherwise for any loss or cost suffered or incurred by you arising out of or in connection with your use of Stripe services.

You must pay all fees during your subscription period and any renewal periods. Subscription details will be managed by our Subscription Service Provider – “Chargebee” or such other service provider as we may appoint from time to time. We may adjust fees from time to time in our absolute discretion. Notice of any proposed adjustments shall be communicated to the User both by announcements on the Site, and via email to each User individually, no less than 30 days in advance of any adjustment. If you do not wish to accept a fee change, you may cancel your subscription in accordance with these Terms in which case your subscription will expire at the completion of your current subscription period.

Upon receipt of payment and acceptance of an application for registration via the online application process we will open an account for you and complete your registration for the Site (“Site Account”). Upon completion of the registration process, your username and password will be provided to you via the email address you provided at registration.

You are encouraged to change both username and password in the ‘My Account’ section of the Site.

You may not select or use a username that:

• contains any profanity, is vulgar or offensive, or promotes an illegal activity;

• violates any trademark or other proprietary right; or

• impersonates someone else.

Upon registration and on each subsequent occasion on which you login to the Site, you will be required to enter your username and password.

You agree at all times to keep your password confidential and will be responsible for all use of your username and password and your Site Account. Holding a Site Account entitles only one user to access the Site and this User will be limited to a maximum of three devices which may be used to access the Site. You agree and acknowledge that we shall have the right to monitor compliance with the foregoing through technical means. We reserve the right to immediately cancel the access to the Site of any User found to be sharing their unique password or permitting access to any other person or persons.

As the maintenance of the security and integrity of the Site is important to us and is necessary to enable all users to use it safely and effectively, you agree:

not to abuse the access or registration process; and

to take responsibility for any improper (for the avoidance of doubt, improper use shall include, but shall not be limited to any use which is considered abusive, excessive, or against the interests of other users, or which contravenes these Terms and/or the terms of the Acceptable Usage Policy set out below) or illegal use of your Site Account (including illegal or improper use by a third party who has used your password to access your Site Account) and indemnify us for any costs and/or losses that we suffer as a result.

We reserve the right to change these Terms from time to time and at any time. The latest version will always be posted on the Site. Your ongoing use of the Site after the changes are posted will be treated as your acceptance of the updated Terms. Please check these Terms regularly and satisfy yourself as to their content.

User Contributions

We are committed to providing a user-friendly forum and invite you to provide your comments in relation to the articles appearing on the Site. The Site shall contain a comments section available to its Users to facilitate such comments, discussion and debate (collectively, “Contributions”).

By providing Contributions to the Site, you agree that we may – free of charge – use, edit, moderate, copy and make the Contribution or any part of it available as we see fit on the Site or any other Munster Rugby or third-party services in any media worldwide.

You acknowledge that the Site may include Contributions contributed by other users and that no such Contributions will have been verified or approved by us and we accept no responsibility for any such Contributions. Contributions may be viewable by other users of the Site and through third-party websites. Please note that you are solely responsible for the contents of any comments or other Contributions you post on our Site. We shall not be liable whatsoever for any Contributions posted by you or any other User. Any views or comments expressed in the User posts are not to be taken as reflecting the views of Munster Rugby, the Irish Rugby Football Union, and/or any entity associated with us, or any of our Sites’ editorial team or teams.

Whilst we are not obliged to monitor Contributions, we reserve the absolute right to edit, moderate and delete Contributions in our absolute discretion. We appreciate receiving all Contributions that comply with these Terms and we hope to use them, but we cannot guarantee that we will do so. Munster Rugby is under no obligation to use any or all of the Contributions we receive. If you send any Contributions to the Site:

you are granting to us a perpetual, royalty-free, non-exclusive, and irrevocable right and licence to use, reproduce, prepare derivative works based upon, distribute, perform or display such Contributions, in whole or in part, in any form, media or technology known or hereafter developed; and

you confirm that it is your own original work and not copied from anyone else or infringing any third-party’s rights and falls within our Acceptable Usage Policy as set out below;

you acknowledge that you are responsible for User Contributions posted from your Site Account and that you are solely responsible for your conduct in posting any such Contributions to any part of the Site;

you confirm that you have the consent of anyone who is identifiable in your Contributions or the consent of their parent/guardian if they are under 18;

you warrant that you have obtained all necessary licences and/or approvals in order to allow us such use.

We may share what details are known to us of your identity, in the following circumstances:

to protect the rights, property, or safety of Munster Rugby, our customers, or third parties;

to comply with any legal obligations or a demand from law enforcement or civil and administrative authorities. Data Protection

The Site is designed to allow fans and friends of Munster Rugby to interact with the club. We use your personal data in various ways to facilitate this. You acknowledge and agree that Munster Rugby will collect and make use of your personal information when you visit our Site, when we communicate with you and when you interact with the Site in any way in accordance with our Privacy Policy

Our Site is made available to you for your personal, non-commercial use only, unless otherwise agreed between us in writing. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. This does not affect your statutory rights as a consumer.

We are the owner or licensee of the Site and any and all materials and/or content displayed on it and/or made available through it.

All content which features on the Site which is provided by us or on our behalf including, but not limited to, the text, photographs, images, graphics, illustrations, sounds, videos, designs, logos, written and other material (together, the “Content”) is protected by copyright, trademark rights and/or other intellectual property rights owned by or licensed to us.

The User acknowledges that the Content identifying Munster Rugby, or third parties and their products and services are subject to intellectual property rights such as copyright, design rights and trademark of Munster Rugby and/or third parties. You are not permitted to use (including but not limited to reproduction, distribution, modification, sale, display, exploitation or other use) any Content of Munster Rugby, or any third-party without the prior written consent of Munster Rugby or the third-party.

You may not broadcast, copy, download, frame, reproduce, republish, post, transmit or otherwise use Munster Rugby Content appearing on the Site in any way except as permitted under these Terms. Any other use of such Content requires the prior written consent of Munster Rugby.

You agree to use the Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit the use or enjoyment of this Site by any third party. Prohibited behaviour is set out in the Acceptable Usage Policy below and includes anything which may affect the operability or security of the Site.

You agree not to:

do anything that may interfere with or disrupt the Site or our services;

post any information on or send any information via the Site that does not comply with the Site’s Acceptable Usage Policy set out below; or these Terms or

do anything that may infringe the rights of any other person.

Accuracy of Information

The Content on the Site is provided for general information, enjoyment and entertainment purposes only. While all care will be taken to ensure that the information available on the Site is accurate and up to date, some information may, occasionally be inaccurate or out of date. The Site and all Content are provided on an “as is” and “as available” basis for your use, without any conditions, warranties or other guarantees of any kind. We disclaim any liability for inaccurate or outdated information.

Linking from the Site

The Site may, from time to time, provide hyperlinks to other websites which are not owned by us, the content of which is not in our control. These links are provided for your convenience and information purposes only. Accordingly, we do not accept any responsibility for the content, materials or practices featured on such other websites. Such links are not to be taken as our endorsement of them or any of their featured content or as a warranty that such websites will be free of viruses or other such items of a disruptive and/or destructive nature.

You are at all times advised to read the terms and conditions and privacy policy of any such websites that you visit upon leaving our Site.

Any and all Contributions must:

be accurate (where facts are asserted);

be genuinely held (where opinions are stated); and

comply with all applicable laws in Ireland and in any country from which they are posted or read.

Any and all Contributions contributed to or send via the Site must not:

be unlawful, threatening, defamatory, abusive, hateful, libellous, obscene, harassing or racially, sexually, ethnically or otherwise offensive and/or harmful to Munster Rugby, any other User and/or any third party;

be or contain anything which is or may be technically harmful (including without limitation, any form of malicious software, corrupted data, computer virus or any other harmful data);

infringe the intellectual property rights or other rights of any third party

exploit or endanger minors; or

be contributed or sent for commercial gain or promote fraudulent or dubious money-making schemes, propose any unlawful transactions or use deceptive marketing practices.

You undertake neither to include nor otherwise disclose any confidential information or personal data relating to third parties in connection with your use of the Site without that third party’s (or their parent’s or guardian’s in the case of a person under the age of 18) express written consent.

We reserve at all times the right to remove any and all Contributions in our sole discretion and the inclusion of any Contributions shall always be at our sole discretion.

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

Munster Rugby will not, to the maximum extent permissible by law, be liable for any losses or damages, (including indirect or consequential) arising from use or loss of use, interruption of business, loss of data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of the Site.

Munster Rugby neither represents nor warrants that functions available on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available will at all times be free of viruses or bugs.

For the avoidance of doubt, our total liability in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with or in relation to this Agreement shall be limited to the greater of 100% of the amount payable for the provision of one year’s full price subscription, without any of the available discounts, and €100.00. This limitation of liability shall have effect in relation both to any liability expressly provided for under this Agreement and to any liability arising by reason of the invalidity or unenforceability of any term of this Agreement.

You agree to indemnify Munster Rugby and our respective directors, officers, employees and agents, as well as our partners, licensors and suppliers from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of, or in relation to:

any misrepresentation, act or omission made by you in connection with your use of the Site;

any non-compliance by you with these Terms; and/or

any claims brought by third parties arising from or related to your access or use of the Site.

We will use reasonable endeavours to ensure that the Site and any information we hold on you are kept secure, which include taking technical and organisational security measures to try to prevent unauthorised access to our Site and to any information you may provide to us from time to time. However, due to the nature of the internet, we cannot accept any liability for the actions of those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that we are unable to exclude such liability by law).

These Terms shall continue to apply to your use of the Site generally, however you may decide at any time to cancel your subscription. You may do so by notifying us at any time by email: accessmunster@munsterrugby.ie stating your intention to cancel. If you should choose to do so, your subscription shall be terminated at the end of the applicable subscription period.

Suspension of your Subscription

In the event of non-payment in whole or in part of any amount due from the User to Munster Rugby under these Terms, Munster Rugby reserves the right to suspend or discontinue the User’s access to the Site until the relevant payment has been confirmed.

Termination of your Subscription

We reserve the right at all times to terminate your Site subscription if:

you have breached any of the provisions of these Terms or any additional usage terms on this Site;

we are required to do so by law or court order;

we decide to discontinue this service (in our absolute discretion);

we are no longer in a position to offer this service to you.

Severability

If any of these Terms is held to be illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect the legality, validity or enforceability under the law of that jurisdiction of the remainder of the provision in question or any other provision of these Terms and the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.

Entire Agreement / Waiver of Rights

These Terms, our Privacy Policy, our Applicable Fees Schedule and our Cookies Policy make up the entire agreement between you and us in relation to your use of the Site and supersedes any prior agreement.

Each of the rights of each party under these Terms may be exercised as often as is necessary, is cumulative and not exclusive of any other rights which that party may have under these Terms, law or otherwise; and may be waived only in writing and specifically.

Any failure by us in exercising our rights or remedies which arise under these Terms shall not be a waiver of that right or remedy, and no waiver by us shall be effective unless provided in writing and signed by us.

We will have no liability to you for any delay or failure to deliver our services to the extent that such delay or failure to deliver arises from causes beyond our reasonable control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action, denial-of-service attack and overuse or misuse of our Site, telephone or internet connection problems, computer viruses or the like, unauthorised access, theft, operator errors, fire, severe weather conditions (including without limitation floods), acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement (by any club or body) of any relevant match.

These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by and construed in accordance with Irish law.

The Irish courts shall have exclusive jurisdiction to hear, determine and settle any dispute arising out of or in connection with these Terms and any non-contractual obligations arising out of or in connection with these Terms and the parties submit to the exclusive jurisdiction of the Irish courts for that purpose.