The Fit Factory

Message Camp Owner

Terms & Conditions

Welcome to havefunkids.ie! We know as camp owners / afterschool managers / birthday party organizers and parents that you want your registrations / bookings to run safely and smoothly. Our web platform is designed to provide this smooth experience. We’re excited you’re here! Please read these Terms of Service (“Terms”) carefully because they contain important information about your legal rights, remedies, and obligations.

By accessing or using Havefunkids.ie services, you are agreeing to the terms and conditions of these Terms without modification, and entering into a binding contract with us that governs our Services and your use of the Services. Do not access or use the Services if you do not agree to the terms and conditions of these Terms.

1. Accepting These Terms

1.1 Definitons

Here are some important definitions to help you navigate these Terms.

An “Affiliate” of any entity means any person or entity that controls, is controlled by, or that is under common control with, such entity, whether as of the date of your agreement to these Terms or after. For purposes of this definition, “control” means ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity or otherwise possessing the power to direct the management and policies of an entity.
“Consumers” means consumers using our Services for any reason, including to consume information and/or attend events or consume information on behalf of someone else to attend the events.
“Havefunkids.ie Properties” means havefunkids.ie products, features and offerings that are available:
online through various havefunkids properties including havefunkids.ie (“Site(s)”);
off platform, including entry management, sponsorship, and marketing or distribution services; and
through mobile applications, webpages, application programming interfaces, and subdomains (“Applications”).
“Events” includes any camp / afterschool / birthday event posted by havefunkids or the event owner / organizer / representative.
“Material” includes information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content and materials.
“Organizer” means a person who is representing an event, using our Services to create events for Consumers.
“Services” include the havefunkids.ie Properties and the Organizer Services
“Site Content” refers to Material contained in or delivered via the Services or otherwise made available by havefunkids in connection with the Services.
“Your Content” is any Material that you contribute, provide, post, or make available using the Services, or that you otherwise contribute, provide, post or make available to us, or that you authorize us to use.
“Your Trademarks” are the trademarks, trade names, service marks, logos, any event advertisement material that you contribute, provide, post, or make available using the Services, or that you otherwise contribute, provide, post or make available to us, or that you authorize us to use.
Organizers, Consumers, and third parties accessing or using our Services are all referred to in these Terms collectively as “Users,” “you,” or “your.”
When these Terms use “havefunkids / havefunkids.ie,” “we,” “us,” or “our,” that refers to HaveFunKids, and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees.

1.2 Your Authority.

Using our Services on behalf of an entity will bind that entity to these Terms.

By using our services you accept that any events you post on havefunkids.ie will be a kids camp or a kids afterschool activity or a birthday party option organized and managed according to laws, rules, and regulations in the Republic of Ireland.

2. HaveFunKids’s Services and Role

2.1 What we do.

We offer an events management and growth platform that helps Organizers and Consumers thrive and connect through memorable event experiences for kids. Through our Services, Organizers can create, post and manage online or in-person events, and stay connected to Consumers.

2.2 How we fit in.

We are not the creator, organizer, or owner of the events listed on the Services, instead, we provide our Services, which allow Organizers to post and promote their events.

When hosting an event, the Organizer is solely responsible for ensuring that their event and any page displaying an event comply with any applicable laws, rules, and regulations and that the goods and services described on the event page are delivered as described and in an accurate, satisfactory manner.

Organizer should provide the relevant booking, and payment page link for the event registration. Any incorrectly provided link is organizer’s own responsibility. If there is no specific page to direct to the users, this link might be used to direct consumers to the organizer’s social media posts which are directly related to the event.

3. Privacy and Consumer Information

3.1 Privacy Policy.

We are committed to protecting your personal data that you provide or that we collect through HaveFunKids Properties.

3.2 Cookies.

We and our vendors use cookies, scripts, and other technologies to collect information on a real-time basis about how you use and navigate our Services. This may include your IP address, as well as information about your browsing behavior, page visits, clicks and cursor movements and searches on our sites. This information will be used to evaluate your use of the Services.

Our Cookie Statement further explains how we use cookies, pixels and other similar technologies when you visit HaveFunKids Properties or use our Services. You may modify how HaveFunKids uses your cookies at any time. To do so, please visit the “Cookie Preferences” link in the footer of our website.

3.3 Consumer Information.

If you are an Organizer, you will at all times comply with all applicable local, state, provincial, national, and other laws, rules, and regulations with respect to information you collect from (or receive about) Consumers or other individuals, and comply with any applicable policies posted by us on the Services with respect to information you collect from (or receive about) Consumers.

4. Term; Termination

4.1 Term.

These Terms apply to you as soon as you access the Services by any means and will continue to apply until they are terminated. There may come a time when either you or HaveFunKids decides it’s best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and us.

4.2 Termination.

We may suspend or terminate your right to use the Services at any time, including if:
you violate or breach these Terms or any other agreement between you and us, or if you fail to pay any amounts when due;
you misuse or abuse the Services, or use the Services in a way not intended or permitted by us;
you engage in any conduct on or off the HaveFunKids Properties that jeopardizes the safety of our community or integrity of the HaveFunKids Properties or interferes with the experience of our community or the HaveFunKids Properties; or
allowing you to access and use the Services would violate any applicable local, state, provincial, national, or other laws, rules and regulations or court order or would expose us to legal liability.
We may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, if we believe that failure to do so would materially prejudice you. You agree that we will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.

4.3 Deleting Your Account.

You may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered HaveFunKids account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and us governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.

4.4 Survival of Terms.

All provisions of these Terms that by their nature should survive termination of these Terms will survive (i.e., they will continue to apply to you) including all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licenses.

5. Warranties, Support and Beta Services

5.1 Warranties.

We make no warranty that:
the Services (or any portion of the Services) will meet your requirements or expectations;
the Services will be uninterrupted, timely, secure, or error-free; or
the results that may be obtained from the use of the Services will be accurate or reliable.
We have no control over and do not guarantee the (i) quality, safety, success, accuracy, or legality of any event or Site Content associated with an event, (ii) accuracy of any information provided by Users (including Feedback and Consumers’ personal information shared with Organizers in connection with events), or (iii) ability of any User to complete a transaction.
We are not liable for the acts or omissions of any third parties, including third parties that help us provide the Services, that an Organizer chooses to assist with an event, or that you choose to use or contract with when using the Services.

5.2 Customer Support.

You agree that if you have a question or concern about the Services, you will contact us first, prior to initiating any legal proceeding. Our customer support team will try to answer your question or resolve your concern.

5.3 Beta Services.

We may make available certain beta and other pre-release software, services, equipment, and related documentation, materials, and information to you from time to time, for your use on a voluntary basis, as part of an early-release, early-access program (collectively, the “Beta Services”) for the purposes of us gathering information and Users providing us with Feedback on the quality and usability of the Beta Services. The Beta Services may not meet the same level of performance as that of a commercially available product offering, and the Beta Services may not operate correctly and may be subject to substantial modification, including deprecation, during and after the period in which you may use them. We are not liable to you in connection with your use of our Beta Services, and we may revoke your access to the Beta Services at any time with or without reason or notice.

6. License to the HaveFunKids Services

6.1 License to Services.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely to:
browse the Services and search for, view, register for, or purchase tickets or registrations to an event listed on the Services; and/or
create event registration, Organizer profile and other webpages to promote, market, manage, track, and collect sales proceeds for an event.
Your use of the Services must comply with these Terms and all applicable local, state, provincial, national and other laws, rules and regulations. In addition, by using any search functionality or address auto-population tools, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

6.2 License Restrictions.

In addition to any other restrictions, limitations, and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly:

copy, modify, reproduce, translate, localize, port, or otherwise create derivatives of any part of the Services;
reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of the Services;
rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner;
remove or alter any proprietary notices on the Services; or
engage in any activity that interferes with or disrupts the Services.

6.3 Ownership.

You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. We may own the Site Content, or portions of the Site Content may be made available to us through arrangements with third parties. Site Content that is included in or made available through the Services is our exclusive property and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national, or other law, rule, or regulation. Any rights not expressly granted in these Terms are reserved.

6.4 Trademarks.

The trademarks, service marks and logos of HaveFunKids (the “HaveFunKids Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of HaveFunKids. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, together with HaveFunKids Trademarks, the “Trademarks”). Your license to use the Services does not include, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without our prior written consent specifically for each such usage.
You must not use the Trademarks to disparage us, any third party, or our or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. You must not use any Trademarks as part of a link to or from any website unless we approve such use by prior written consent specifically for each such link. All goodwill generated from the use of any HaveFunKids Trademark will ensure to HaveFunKids benefit. Certain issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by us and/or third parties. Please note that if you copy portions of the Services, you
are violating these patent rights and copyrights.

6.5 Sub-Domains.

We may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].havefunkids.ie) for one or more of Your HaveFunKids.ie Events. All such sub-domains are solely our property and we reserve the right to determine the appearance, design, functionality, and all other aspects of such sub-domains. If we provide you with a sub-domain, your right to use it will continue only for so long as you are actively organizing events on Havefunkids.ie and you are in compliance with the Terms. If we terminate your right to use a sub-domain for any other reason, we will provide you with a new sub-domain.

7. Your Account with HaveFunKids

7.1 Do’s and Dont’s.

We may require you to create an account to access certain features or functions of the Services. You agree to the following:

You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are at least 13 but under the legal age of majority where you reside, you may only use the Services under the supervision of a parent or legal guardian who consents to and manages your use of the Services and/or account. If you are under 13, you may not use our Services or provide us with any information about yourself.
You must provide accurate, current, and complete information about yourself, or if you are using the Services on behalf of an entity, that entity (the “Registration Data”). You also must update this Registration Data if it changes.
If there is a dispute between two or more persons or entities regarding account ownership, we will be the sole arbiter of that dispute and our decision (which may include termination or suspension of the account) will be final and binding.
If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
We may provide you the ability to implement certain permissions within your account to third parties including, “sub-users,” “sub-accounts,” or other credentialed account users. If we do so, you are solely responsible for all activity that occurs under your account (including actions by sub-users). You must maintain the confidentiality of your password and account details. All rules applicable to your account will apply to all third parties to whom you grant access to your account.
You will immediately notify us of any unauthorized use of your password or account, or any other security breach. You are responsible for any activities that occur under your account.
You will not use the Services to collect any sensitive personal information, such as health information, social security numbers, financial information, payment card numbers, driver’s license numbers, and passport numbers unless otherwise permitted by these Terms or we have consented to the collection of the information in writing.

8. Your Content and Your Trademarks.

8.1 Rights and Responsibilities.

You are solely responsible for Your Content and Your Trademarks. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on:
Your Content, in whole or in part, in any media, for
the purpose of operating the Services (including our promotional and marketing services, which may include promotion of you and Your HaveFunKids Events on a third-party website or other media, including our event distribution providers and our social media properties);
HaveFunKids’s internal purposes (such as employee or shareholder communications); and

iii. when you give your permission, for the purposes of promoting HaveFunKids or our Services; and

our Trademarks,
in connection with our use of Your Content; and
for the purpose of identifying you as an existing or past customer of HaveFunKids both on the Services and in marketing, advertising and promotional materials.

We don’t claim ownership to Your Content or Your Trademarks, but these licenses are essential to provide you the Services and help Your HaveFunKids Events. Consider the following examples: if you submit your logo or other images associated with one of Your HaveFunKids Events, we can display them on our website and resize or enhance them so that they look good on our Applications, or use them with our marketing tools to help you promote Your HaveFunKids Events; we may feature details from one of Your HaveFunKids Events in a blog, case study, or shareholder letter to highlight the impact made by Your HaveFunKids Events.

You hereby waive any and all moral rights in connection with our use of Your Content in accordance with the licenses in this Section 6. Aside from these licenses, we do not claim, and you do not transfer, any ownership rights in any of Your Content or Your Trademarks and nothing in these Terms will restrict any rights that you may have to use and exploit Your Content and Your Trademarks outside of the Services.

8.2 Representations.

You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content and Your Trademarks:

do not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;
comply with all applicable local, state, provincial, national, and other laws, rules and regulations; and
do not violate these Terms.

8.3 Content Rules and Guidelines.

Your Content must be accurate and truthful. We reserve the right to remove Your Content from the Services if we believe that Your Content violates these Terms, our Community Guidelines, or for any other reason. Your Content and Your Trademarks may be displayed on the Services in proximate distance to any Site Content or any third-party content, including content that is substantially similar or competing with yours, and we do not guarantee your exclusivity as an Organizer in any category. Without limiting the generality of the foregoing, the Services are provided on a nonexclusive basis. We may preserve Your Content, Your Trademarks, Registration Data, and all other data associated with your account, and may also disclose Your Content, Your Trademarks, Registrations Data, and all other data associated with your account if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process;
respond to claims that any of Your Content or Your Trademarks violate the rights of third parties;
enforce or administer these Terms; and/or
protect the rights, property, and/or personal safety of us, our Users and/or the public, including fraud prevention.

You understand that the technical processing and transmission of the Services, including Your Content and Your Trademarks, may involve transmissions over various networks and/or changes to conform and adapt to the technical requirements of connecting networks or devices.

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