Its Plain Sailing

Terms of Service/ Terms and Conditions

Agreement to Terms of Service

These terms and conditions of use (the “Terms of Service”) apply to your use of Esker Software Limited's Its Plain Sailing service and its associated website www.itsplainsailing.com and all associated Esker Software Limited sites linked to this website (collectively the “Site”). Please read the Terms of Service carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms of Service and that you agree to abide by them. If you do not agree to these Terms of Service, you do not have permission to use the Site.

Definitions

The following terms, when used in this Agreement, have the following meanings:

  • “Agreement” or “Terms of Service” means this document, titled “Its Plain Sailing Terms of Service.”
  • “You”, “User”, or “Club” mean your club, association, society, school or other similar type of organisation that has signed up and has accepted these Terms of Service for the purpose of using the Service.
  • "Members" means the members and officials of your club, society, school or other similar type of organisation that will use the Its Plain Services of your Club Account.
  • “Service” means, but is not limited to mean, the Service described on the Its Plain Sailing marketing site - www.itsplainsailing.com.
  • “Its Plain Sailing” or “Esker Software” means Esker Software Limited, a limited liability company registered in the Republic of Ireland.
  • “Account” or "Club Account" means the business relationship established between You and Esker software upon Your acceptance of these Terms of Service.
  • “Site” refers to the website hosted at domain http://www.itsplainsailing.com and all associated subdomains.
  • “Privacy Policy” means the Its Plain Sailing Privacy Policy described at https://www.itsplainsailing.com/privacy-policy.

Site and Service Ownership

The Site is the property of Esker Software Limited.

Linking to the Site

You are allowed to have links directly to pages hosted on the Site as long as the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a frame on the linked website.

The appearance, position, and other aspects of the link must not create the false impression that an entity or its activities or products are associated with, endorsed or approved by or sponsored by Esker Software Limited. Also it must not damage or dilute the goodwill associated with the name and trademarks of Esker Software Limited. You may not link directly to or embed any Esker Software Limited image files in your web pages.

If you wish to link to pages on the Site, you are responsible for maintaining those links. Esker Software Limited reserves the right to remove or move pages on the Site at any time without notice.

Links from the Site

In the event that the Site might contains a link to internet sites maintained by others (“third-party sites”). These links are provided solely as a convenience to you and not as an endorsement by Esker Software Limited of the content on those third-party sites. Esker Software Limited is not responsible for the content of linked third-party sites or for any loss or damage that may arise from your use of them and does not make any representations regarding the content or accuracy of materials on such third-party sites. Esker Software Limited cannot guarantee that these links will work all of the time and has no control over the availability of the linked pages.

Ownership of the Site Content

All rights in the content and software which are made available via this Site including, without limitation, the design and arrangement of such content and software (the "Content") are owned, controlled or licensed by or to the Esker Software Limited and are protected by all applicable Irish or international intellectual property laws. Save as expressly provided in these Terms of Service, no Content may be copied, reproduced, modified, publicly displayed, used to create derivative works or distributed in any way for any commercial purposes. You may not use any robot, spider, deep-link, page-scrape or any other automated device or manual process to monitor or copy any Content from the Site.

Single User Access Only

Access to this site is controlled through the use of a single user id and password sign on. The following conditions of use apply to this access.

  • the club/ organisation account is issued for use by a single named club/ organisation only and by the officials and members of that club/ organisation
  • this club/ organisation account may not be used by any other club/ organisation or party
  • this club/ organisation account may not be shared with any other club/ organisation or party
  • the information and service accessed through the use of the Esker Software Limited site is only available for use by the original club/ organisation/ party that has signed up for the service.
  • if in any case another club/ organisation/ party, other than the original club/ organisation/ party and their club/ organisation officials, logs into the site using this club/ organisation account (user id and password) then this constitutes a violation of the terms and conditions of this agreement and as a result this agreement may be terminated immediately without refund by Esker Software Limited.
  • any use of the site by another club/ organisation/ party and its club officials, other than the original club/ party that has signed up for this service, constitutes a violation of the terms and conditions of this agreement and as a result this agreement may be terminated immediately without refund by Esker Software Limited.

Prohibited Use

You may only use the Site for lawful purposes. You may not use the Site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent purpose or effect;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • to knowingly distribute any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or communications network or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of these Terms of Service;
  • not to access without authority, interfere with, damage or disrupt:
    • any part of the Site;
    • any equipment or network on which the Site is stored;
    • any software used in the provision of the Site; or
    • any equipment or network or software owned or used by any third party.

Additionally, You agree that You will not:

  • Take any action that imposes or may impose (as determined by Esker Software in its sole discretion) an unreasonable or disproportionately large load on Esker Software’s (or its third party providers’) infrastructure or the Service;
  • Interfere or attempt to interfere with the proper working of the Service or any activities conducted using the Service;
  • Bypass any measures Esker Software may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
  • Run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
  • Disable or remove any of the features or design on the Service.

You also agree that You will not (directly or indirectly):

  • Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction,
  • Modify, translate, or otherwise create derivative works of any part of the Service, or
  • Rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder, and that it, he, or she will, in the course of using the Service, abide by all applicable local, state, national and international laws and regulations.

Stripe

Esker Software Ltd through the Its plan Sailing service uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Its Plain Sailing Club Account. Its Plain Sailing is a “Partner Application” as defined in the Stripe Terms of Service. By using Its Plain Sailing and agreeing to the Its Plain Sailing Terms of Service, You also agree to be bound by Stripe’s Terms of Service. You expressly understand and agree that Esker Software Limited shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Esker Software Limited shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Esker Software Limited is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed. You understand that Esker Software Limited uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Esker Software Limited liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, Your Its Plain Sailing account, or Your club, association, society, school, business or similar. You must not process stolen credit/ debit cards, or unauthorized credit/ debit cards through Stripe and/or Your Its Plain Sailing account.

Stripe Credit/ Debit Card Handling Charges

You expressly understand that the credit/ debit card handling fees that are set on each transaction are completely controlled by Stripe and as such, are subject to change at their discretion. In the event that Stripe do increase their transaction processing charges then the Its Plain Sailing service will be updated to ensure that the new fees are added to the transaction of each club/ organisation account.

Stripe Credit/ Debit Card Handling Charges - Foreign Cards

Its Plain Sailing is intended for use with Irish credit or debit cards. The discounted handling charges from Stripe will not apply if the person paying is not using an Irish card (i.e. a card issued by a bank in the Republic Of Ireland). If a foreign card is used then you will receive less than the full transaction amount into your bank account as there will be a small discrepency caused by the extra handling charges incurred as a result of the Foreign card being used.

Disclaimers

Esker Software Limited aims to ensure that the Content is accurate and consistent with its current knowledge and practice. To the fullest extent permitted by applicable law, Esker Software Limited excludes all warranties or representations (express or implied) in respect of the Content.

Your use of the Content is entirely at your own risk. We make no warranty, representation or guarantee that the Content is error free or fit for your intended use. Your correspondence or business dealings with, or participation in promotions of, advertisers whose advertisements are found on or through the Site, including payment and delivery of related goods or services, and any other terms or representations associated with such dealings, are solely between you and the relevant advertiser. Esker Software Limited does not endorse, recommend, or make any representations about any products or services provided by advertisers. The presence of advertisements found on the Site, or the inclusion of the words alongside advertisements such as “official sponsor” or “partner” do not imply any exclusive arrangement between Esker Software Limited and such advertiser. To the fullest extent permitted by applicable law, you agree that the Esker Software Limited shall not be liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site and/ or any reliance placed by you on the completeness or accuracy of such advertising.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW Esker Software LIMITED HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR LOSS, INJURY OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL) ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY: RELATING TO THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OWNERSHIP, NON-INFRINGEMENT, OPERATION, MERCHANTABILITY AND FITNESS FOR PURPOSE OF THE CONTENT; RELATING TO ITS WORK PROCURING, COMPILING, INTERPRETING, EDITING, REPORTING AND PUBLISHING THE CONTENT; RELATING TO ANY INTERRUPTION, FAILURE OR CESSATION OF OPERATION OR TRANSMISSION; RESULTING FROM ANY ACTS OR OMISSIONS OF ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE; RESULTING FROM RELIANCE UPON, OPERATION OF, USE OF OR ACTIONS OR DECISIONS MADE ON THE BASIS OF, ANY FACTS, OPINIONS, IDEAS, INSTRUCTIONS, METHODS, OR PROCEDURES SET OUT ON THIS SITE; ARISING OUT OF OR RELATING TO THE MISUSE OF OR INAPPROPRIATE RELIANCE ON THE CONTENT OF THE SITE; AND RESULTING FROM ANY VIRUS, WORM, TROJAN, TIME-BOMBS, KEYSTROKE LOGGERS, SPYWARE, ADWARE OR ANY OTHER KIND OF MALWARE OR CONTAMINATION OF COMPUTING EQUIPMENT.

Viruses, hacking and other offences

You must not misuse the Site by knowingly introducing (or transmitting data, sending or uploading any material that contains) viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware, logic bombs or other material, programmes or similar computer code which is malicious, technologically harmful or designed to adversely affect the operation of any computer software or hardware of the Site. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under section 2 of the Criminal Damage Act 1991. Esker Software Limited will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use the Site will cease immediately.

Esker Software Limited will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

Security

Esker Software maintains commercially reasonable administrative, technical and physical procedures to protect Your information from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that You provide this personal information regarding You and Your payers at Your own risk. We recommend You review our Privacy Policy, which will help You understand how we collect, use and safeguard the information You provide to us.

You are responsible for maintaining the security of Your Its Plain Sailing and Stripe login credentials. Esker Software is not liable for any loss or damage from Your failure to maintain the security of these credentials.

Operation of the Site

Esker Software Limited aims to update the Site regularly, and may change, modify or remove the Content or any part of the Content at any time. Esker Software Limited shall be entitled at its sole discretion at any time without notice to modify, interrupt or terminate the operation of or access to the Site or any part of the Site. Any of the material on the Site may be out of date at any given time, and Esker Software Limited is under no obligation to update any such material.

Changes to these Terms of Service

Esker Software Limited shall have the right, at its sole discretion and at any time, to change or modify these Terms of Service, such change shall be effective immediately upon posting to the Site. You are responsible for regularly reviewing these Terms of Service to obtain timely notice of any such changes, as they are binding on you. Esker Software Limited will post a last amended date at the bottom of this page to assist such review. You are responsible to check these Terms of Service periodically for changes and your continued use of this Site after such posting shall constitute your acceptance of these Terms of Service as modified. Some of the provisions in these Terms of Service may also be superseded by provisions or notices published elsewhere on the Site.

Copyright and Content Ownership

The Service itself, including the use of the Its Plain Sailing name, logos, domain names and other distinctive brand features are protected by copyright and other laws. You may not duplicate, copy, or reuse any portion of the code (HTML/CSS/Javascript) or visual design elements. You retain Your rights to any content You submit, post or display on or through the Service. By submitting, posting or displaying content on or through the Service, You grant Its Plain Sailing a worldwide, non-exclusive, royalty-free license to use, adapt, modify, publish, and display the content in any and all media or distribution methods (now known or later developed).

Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of the Service. You also are solely responsible for collecting, withholding, reporting, and remitting correct taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether taxes apply, or calculate, collect, report, or remit any taxes to any tax authority arising from any transaction.

Customer Service

You are solely responsible for all customer service issues relating to your memberships, entries and other types of payment made by your members and other users of your Club Account. You are responsible for dealing with returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any Its plain Sailing Club Account.

Third Party Services

You acknowledge and understand that Its Plain Sailing uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Its Plain Sailing reserves the right to change Service providers at any time. Its Plain Sailing is not responsible for any interruptions in the Service as a result of these third party vendors or its integration with them.

Its Plain Sailing Fees

You agree to pay the fees assessed by Its Plain Sailing to You for providing the Service. We reserve the right to revise our Fees at any time, subject to a thirty (30) day notice period to You.

Transaction History

Except as required by law, You are solely responsible for compiling and retaining permanent records of all transactions and other data associated with Your Its Plain Sailing Club Account, Your Stripe Account, Your Transaction History in either Service (Its Plain Sailing or Stripe) and Your use of the Its Plain Sailing Service.

Your License

Its Plain Sailing grants You a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to accept and receive payments and to manage the funds You so receive. The Service includes our website, any software, programs, documentation, tools, internet-based Services, components, and any updates (including software maintenance, Service information, help content, bug fixes or maintenance releases) thereto provided to You by Its Plain Sailing.

Assignment

You may not assign or delegate your rights or obligations under these Terms of Service without the prior written consent of Esker Software Limited.

Ownership

The Service is licensed and not sold. We reserve all rights not expressly granted to You in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own the title, copyright and other worldwide Intellectual Property Rights in the Service and all copies of the Service. This Agreement does not grant You any rights to our trademarks or Service marks. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and Service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Term

The Agreement is effective upon the date You agree to it (by electronically indicating acceptance) and continues so long as You use the Service or until terminated by Its Plain Sailing.

Termination Of Service and Notice

We may terminate this service:

  1. If any service payments owed are not received within 30 days of notice.
  2. If you breach any term of this agreement.
  3. For any reason at out sole discretion, providing 30 days notice of termination.

Indemnity

You agree to indemnify and hold Esker Software and (as applicable) any parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of his, her, or its breach of this Agreement (including any documents it incorporates by reference) or Your violation of any law or the rights of a third party.

Force Majeure

No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control.

No Guarantee

Esker Software does not guarantee continuous, uninterrupted access to the Service, and operation of the Service. At any time the Service may be interfered with by numerous factors inside and outside Esker Software’s control. If any provision of this Agreement is held unenforceable, then such provision will be disregarded, and all remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You agree that Esker Software is an independent contractor, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended to be created by this Agreement.

Severance

If any provision of these Terms of Service (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms of Service, and the validity and enforceability of the other provisions of these Terms of Service shall not be affected.

Waiver

No failure or delay by the Esker Software Limited to exercise any right, power or remedy will operate as a waiver of any of them nor will any partial exercise preclude any further exercise of the same or some other right, power or remedy.

Information about you and your visits to the Site

Esker Software Limited processes information about you in accordance with our privacy policy (see www.itsplainsailing.com/privacypolicy.html) . By using the Site you consent to such processing and you warrant that all data provided by you is accurate.

Esker Software Limited has obligations under law, including the Freedom of Information legislation, to disclose information including confidential information held by us. Esker Software Limited will always endeavour to consult with you before making a decision to disclose confidential information held by us.

Governing Law and Jurisdiction

These Terms of Service and any and all claims, disputes or proceedings of any kind (whether relating to contractual or non-contractual obligations) arising out of or in connection with them shall be governed by and construed in accordance with Irish law.

These Terms of Service shall be subject to the exclusive jurisdiction of Courts located in the Republic of Ireland in respect of all proceedings (whether relating to contractual or non-contractual obligations).

Your Concerns

If you have any concerns about material which appears on the Site, please contact info@eskersoft.com.

LAST REVIEWED AND UPDATED: 4th Jan 2018