NINEZ Terms & Conditions of Service

These are the terms and conditions on which we supply our Services to you. Please read them carefully before you use our Services or make a Booking. These Terms tell you who we are, how we will provide the services to you, what to do if there is a problem and other important information.

YOUR PARTICULAR ATTENTION IS DRAWN TO CLAUSE 11 (LIMITATION OF LIABILITY; CUSTOMER DEFAULTS).

1. ABOUT US

1.1. Who we are: 9 Darter Social Limited is a company registered in Ireland, with company number 773460 and its registered office at 77 Camden Street Lower, Dublin 2, D02 XE80. Any references to “9 Darter” or “we” or “us” or “our” in these Terms means 9 Darter Social Limited.

1.2. Our services: 9 Darter provides entertainment consoles which enable members of the public to play interactive games of social darts in our partner venues. Bookings are made through our Platform www.9Darter.ie (“Platform”) to subsequently avail of and play at a designated partner venue at the allotted time and date (“Services”). For the purposes of these Terms, “Bookings” means the bookings made by the Customer for the Services on the Platform, and a “Booking” means any one of them. Our Services facilitate the making of such Bookings and the access to and use of the venue is made available by the designated partner venue. Our partner venues are located in the Republic of Ireland.

1.3. Contact: To contact us, please email our customer service team at info@9darter.ie.

2. OUR CONTRACT WITH YOU

2.1. Our contract.

2.1.1. These are the terms and conditions (the “Terms”) on which we supply our Services to you, however accessed and/or used. As used in these Terms, the term “Customer”, “you” and/or “your” refers to the user who makes a Booking. “Players” are the people who use the Services under a Booking made by the Customer and each are referred to in these Terms as a “Player”. The Customer may also be a Player.
2.1.2. The Terms are legally binding and apply to all Bookings made for, and the supply and use of, the Services.
2.1.3. All Bookings for the Services are also subject to any additional booking policies published on the Platform, which are incorporated herein by reference and form part of these Terms.
2.1.4. These Terms apply to the Booking and the Services to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.1.5. To the extent that we issue or publish any descriptive matter, illustrations, images or advertising whether in our brochures, catalogues, website, Platform or otherwise in relation to the Services, these are provided for informational purposes only and are intended to give an approximate idea of the Services. They do not form part of our contract with you and are non-binding.

2.2. Acceptance of these Terms. By making a Booking and/or using the Services, you accept and agree to be bound by the Terms. If you do not accept these Terms, please do not make a Booking or use the Services.
2.3. Breach of the Terms. If you breach these Terms, 9 Darter may, at its discretion: (a) cancel your booking immediately, with or without advance written notice; (b) suspend, cancel, or limit access to our Services and our Platform; and/or (c) to the extent permitted by applicable law, retain any amounts paid or payable to you in respect of your Booking for the Services. If 9 Darter cancels your Booking due to a breach of these Terms by you, we reserve the right, at our discretion, to decline any future Booking by you.

3. BOOKINGS AND PAYMENTS

3.1. Bookings. A Booking constitutes an offer by you to purchase the Services in accordance with these Terms. A Booking shall only be deemed to be accepted when we communicate acceptance to you via email. It is only at this point that a valid Booking will be deemed to have been made.
3.2. Booking Fees. In consideration of us providing the Services you must pay our fees for the Services as set out on the Platform at the time of making your Booking (the “Booking Fees”). You may be asked to supply certain information in order for us to process payment, including but not limited to credit card details and a billing address. 9 Darter may amend its standard or published Booking Fees at any time, at its sole discretion. 9 Darter also reserve the right to refuse or cancel a Booking at any time. The Booking Fees only cover the cost of the Services the subject of the respective Booking. You are responsible to pay for any food, drinks and other refreshments or expenses incurred by you at the venue and/or in relation to your Booking.
3.3. Payments. All Booking Fees are payable by you in full at the time of Booking. Booking Fees may be subject to Value Added Tax and other charges which will be notified to you on the Platform at the time of making a Booking. Payments are processed by our payment processing partner at the time the Booking is made.
3.4. Making a change to your Booking. If you wish to change the nature or details of your Booking, you must contact us with the details of the requested change as soon as possible but in any event at least 48 hours in advance. We will do what we can to accommodate the change but do not guarantee that we be able to accommodate your request.
3.5. Cancelling your Booking. If you wish to cancel your Booking in its entirety, please notify as soon as possible. You must provide at least 48 hours advance notice of cancellation to receive a full refund.
3.6. Your legal right to change your mind. If you are a consumer and you have made a Booking with us on the Platform, you have a legal right to change your mind about your purchase and to receive a full refund of what you have paid for, subject to the following conditions:
• 3.6.1. You must let us know no later than 14 days after the date we confirm acceptance of your Booking; and
• 3.6.2. You (or any other Player) may not have used or started to use the Services at the designated partner venue the subject of your Booking.

3.7. Refunds. In circumstances where you are entitled to a partial or full refund for your Booking under these Terms or otherwise in accordance with applicable law, we will refund you using the same method you used to pay for your Booking.

3.8. Age:
• 3.8.1. You must be at least 18 years old (or the applicable age of majority in your jurisdiction, whichever is greater) (the “Applicable Age”), to use the Services. Individuals that are under the Applicable Age may use our Services but will be subject to the restrictions of the partner venue.
3.8.2. Please ensure that such parent or legal guardian reads the Terms with you if you are under the Applicable Age. 3.8.3. Partner venues may be bars, hotels, clubs, venues and other such premises which are licensed to sell alcohol and, as such, they are subject to compliance with applicable laws, including but not limited to age restrictions, serving restrictions and hours of opening.

3.9. Bookings are non-transferable and may not be re-sold. Bookings may not be re- sold or transferred for commercial gain. Any attempt to do so may result in the cancellation of your Booking, without refund, and the holder of a re-sold or transferred Booking may be refused entry or required to leave the respective partner venue.

4. THE SERVICES 4.1.
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Supply of Services.
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• 4.1.1. We will supply the Services to the Customer in accordance with the Booking in all material respects, with diligence and reasonable care.
4.1.2. We will make darts available for your temporary use at the designated partner venue in such numbers as are adequate to meet the requirements of your Booking or procure that they are made available at your designated partner venue.
4.1.3. Darts are provided for the purposes of your Booking only and for your temporary use only. All such darts remain the property of 9 Darter and must be returned at the end of the game the subject of your Booking.
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4.2. Availability and Disclaimer of Warranties.

• 4.2.1. We will use all commercially reasonable endeavours to make the Services available at the times listed on the Platform for each partner venue, except for planned or essential maintenance which may cause periods of unavailability of the Services and/or the Platform from time to time.
4.2.2. We do not warrant that that the Platform and/or the Services will be uninterrupted or error-free.

4.3. External factors. We are not responsible for any failure to supply the Services in circumstances where the failure to supply the Services arises due to an event outside of our reasonable control.
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4.4. Partner Venues.
• 4.4.1. Our partner venues are owned and operated by third parties, with which we have entered into concession agreements to allow for the provision of the Services at the partner venues, subject to their availability and to any other restrictions or requirements that may apply under applicable law.
4.4.2. Partner venues operate their own security policies and may have specific entry requirements. They may carry out security searches and reserve the right to refuse entry, or to remove any person who behaves in a way that may put the enjoyment or safety of others at risk or in a way which otherwise violates any other policy, regulation or law applicable to that partner venue.

4.5 Non-conformance. In the event of a lack of conformity of the Services with these Terms, we will use our best endeavours to bring the Services into conformity within a reasonable period of time, and without significant inconvenience to you. If this is not possible, you will be entitled to a refund for the Services paid for, including any affected Bookings. This is in line with your statutory rights as a consumer. For the avoidance of doubt, these rights do not extend to circumstances where:
• 4.5.1 you fail to show at the designated venue on the allocated date for your Booking;
4.5.2 the information provided by you at the time of Booking is not accurate, truthful or complete.

4.6 Technical Support.
4.6.1 If during or in connection with a game the subject of your Booking, you experience technical faults or defects in the system, unit or equipment provided by us in connection with the Services or any other interruption to the Services, please notify the partner venue which may be able to assist with troubleshooting or minor fixes either directly or through us or our technical support partner. If the fault or defect cannot be resolved, we will arrange to issue you with a full or partial refund, depending on the circumstances. Please send an email regarding any such issues to us at info@9darter.ie including as much information as possible.

4.6.2 We will not be responsible or required to issue any refund in the event the fault or defect arises due to a power or electrical outage, loss of internet or network connectivity at the partner venue or any misuse of the Services or any unit or equipment provided by us or on our behalf in connection with the Services and/or your Booking.

4.7 Queries or Complaints. Any queries or complaints related to the Platform or the Services or otherwise arising under or in connection with these Terms may be referred to info@9darter.ie. We will endeavour to respond to you promptly. 5.

YOUR OBLIGATIONS

5.1. The Customer shall:
5.1.1. provide us with such information and materials as we may reasonably require in order to supply the Services, ensuring that all such information is complete, truthful and accurate;
5.1.2. co-operate with us in all matters relating to the Services;
5.1.3. comply with applicable laws, including health and safety laws, and any regulations or policies made aware to you by the partner venue;
5.1.4. only use the darts provided by us or on or behalf in connection with any Booking and not for any other purpose; 5.1.5. act responsibly and exercise all reasonable care when using or handling the darts to ensure your safety and the safety of others;
5.1.6. not intentionally, wrongfully and/or negligently do anything which wouldcause any harm, injury or damage to any person or property;
5.1.7. procure that all Players within your group are aware of and comply withthese Terms.

6. OUR RIGHTS TO MAKE CHANGES

6.1. Minor changes. We may make changes to these Terms and/or the Services (as the context requires):

• 6.1.1. to reflect changes in relevant laws and regulatory requirements;
6.1.2. to implement minor technical adjustments and improvements, for example to address a security threat; and/or 6.1.3. if the change will not materially affect the nature or quality of the Services.

6.2. More significant changes. In addition, we may make more significant changes to these Terms or the Services, but if we do so we will notify you of such changes.

7. PROHIBITED USE

7.1. You may not use the Platform and/or the Services:
(a) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
(b) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(c) to knowingly transmit any data, send or upload 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 hardware;
(d) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, licence or offer for sale any content, data or other information contained on, or obtained from or through our Platform or Services; and
(e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (which may be available from time to time), or which could not reasonably be expected to be seen as related to the provision of the Services.

7.2. You agree not to access without authority, interfere with, damage or disrupt any part of the Platform, any equipment or network on which the Platform operates, any software used in the provision of our Platform and/or the Service, any equipment or network or software owned or used by any third party.

7.3. You also agree not to use a false email address or phone number, or to impersonate any person or entity or otherwise use your Booking to mislead us or others.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. All intellectual property rights in and to the Platform and the Services (and all content published therein) shall be owned by 9 Darter and our licensors (the “9Darter IP”). For the avoidance for doubt, the 9 Darter name and logo are trade marks of 9 Darter.
8.2. 9 Darter grants you a non-exclusive, non-sublicensable, non-transferrable limited licence to use the 9 Darter IP to the extent necessary to use the Platform and the Services for or in connection with your Booking or prospective Bookings, but for no other purposes.
8.3. No licence to use any intellectual property rights is granted or implied by these Terms except the rights expressly granted in these Terms.

9. DATA PROTECTION

9.1. We will only use your personal information as set out in our Privacy Policy.
9.2. For the purposes of this clause, the “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time including the General Data Protection Regulation ((EU) 2016/679); the Irish Data Protection Acts 1988 – 2018; the European Communities (Electronic Communications Networks and Services (Privacy and Electronic Communications) (Regulations 2011) (S.I. No. 336 of 2011), as amended.
9.3. Each party will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation. 9.4. You will ensure that you have all necessary and appropriate consents in place to enable 9 Darter to fulfil your Booking and provide the Services. 10.

THIRD PARTY CONTENT

10.1. We are not responsible for and makes no warranties or representations of any kind and shall have no liability or obligation whatsoever in relation to the accuracy or reliability of, any information or content howsoever obtained from any third party (including from any partner venue), or any errors or omissions arising, from the use of such third-party information or content.
10.2. Our Platform may contain links to other third-party websites which are not controlled by us. For example, if you click on a banner advertisement, the click may take you off our Platform. The fact that we may provide a link to any such third-party website does not mean that we endorse these websites. Such links are provided only for your convenience, and we have no control over such third-party websites. Your access to and use of such websites is at your own risk and we shall have no liability in respect of those third-party websites.

11. LIMITATION OF LIABILITY; CUSTOMER DEFAULTS.

11.1. To the maximum extent permitted by applicable law:
• 11.1.1. 9 Darter shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if 9 Darter has been advised of the possibility of such damages; and
11.1.2 9 Darter’s total liability to the Customer shall not exceed the amount paid or payable by you to us in respect of the Booking to which the liability relates.

11.2 Nothing in these Terms shall limit or exclude our liability for:
• 11.2.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
11.2.1 fraud or fraudulent misrepresentation;
11.2.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
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11.3 The limitations and exclusions of liability set out in this clause 11 shall survive the termination or expiration of the contract contemplated by these Terms.
11.4 Where the Customer is a consumer, nothing in these Terms shall exclude or limit the Customer’s statutory rights as a consumer.
11.5 You acknowledge that there are obvious potential dangers involved in playing darts and that if you choose to you engage in any game of darts, you do so at your own risk. To the maximum extent permitted by applicable law, we will not be responsible for any injury, harm or damage to the extent caused by the negligence, wrongful act or misuse of the Services by you or by any Player in your group.
11.6 If the performance of our obligations under these Terms is prevented or delayed by any act or omission by the Customer or failure by you to perform any obligation hereunder (“Customer Default”):

• 11.6.1 without limiting or affecting any other right or remedy available, 9 Darter shall have the right to suspend the use of the Services until the Customer remedies the Customer Default;
11.6.2 we shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from our failure or delay to perform any of our obligations set out in these Terms; and
11.6.3 the Customer shall reimburse us on written notice for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default. 12.

GENERAL

12.1. Force Majeure. We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from providing the Services, due to circumstances beyond our reasonable control, including, without limitation, acts of God, flood, earthquake or other natural disaster; epidemic or pandemic; terroristic attack, war, civil riots or commotion, armed conflict, malicious damage; compliance with any law or governmental order, rule, regulation or direction; collapse of buildings, fire, explosion or accident; strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network.
12.2. Entire Agreement.
• 12.2.1 These Terms constitute the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
12.2.2 Each party acknowledges that in entering into these Terms it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

12.3 Assignment. We may assign or transfer our rights and obligations under these Terms to another entity and will notify you by posting on the Platform if this happens.
12.4 Waiver. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
12.5 Severance. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.
12.6 Governing Law and Jurisdiction. These Terms governed by Irish law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the Irish courts.