Evolution Ecommerce Solutions Limited (“AnnualLeave.com”, “we”,
“us” and terms of similar meaning) provides this web site (in these
terms we call this site and any successor websites, and any software provided by
AnnualLeave.com for use with the site, the “Site”) to you subject to
these terms and conditions of use (these “Terms”). Please read these
Terms carefully before using the Site. By accessing or using the Site or by merely
browsing the Site you agree to be legally bound by these Terms and all terms, policies
and guidelines incorporated by reference in these Terms. If you do not agree with
these Terms in their entirety, you may not use the Site.
This Site is not intended to be used by children. You must be at least of the age
of majority to use this Site.
In these Terms, our customers and their staff members to whom they give “staff”
access to their AnnualLeave.com account are called “Subscribers”or “Customers”.
In these Terms users of the Site, whether they are Subscribers, Customers, members
of the AnnualLeave.com forum, people who post comments on the AnnualLeave.com blog,
or casual browsers of the Site, are called “Users”.
AnnualLeave.com reserves the right to change or modify any of the terms and conditions
contained in these Terms, or any policy or guideline of the Site, at any time and
in its sole discretion. If we do so, we will notify you at the email address you
provide in your registration information, if any. If you do not agree with the changes,
you can cancel your account with us without further obligation, except for the amount
due for the balance of the billing period in which you cancel your account (if your
billing period is monthly, we will prorate your account to the nearest month-end
after cancellation). Unless otherwise specified, any changes or modifications will
be effective immediately upon posting of the revisions on the Site, and your continued
use of the Site after such time will constitute your acceptance of such changes
or modifications. You should from time to time review the Terms and any policies
and documents incorporated in them to understand the terms and conditions that apply
to your use of the Site. The Terms will always show the ‘last updated’
date at the top. If you do not agree to any amended Terms, you must stop using the
Site. If you have any questions about the Terms, please email us at terms[at]AnnualLeave.com.
The services we provide through the Site are for your own use only. You may not
resell, lease or provide them in any other way to anyone else.
collects, uses and discloses personally identifiable information from its users.
By using the Site you agree to our use, collection and disclosure of personally
2. Registration Data; Account Security
If you register for an account on the Site, you agree to (a) provide accurate, current
and complete information as may be prompted by any registration forms on the Site
(“Registration Data”); (b) maintain the security of your password; (c)
maintain and promptly update the Registration Data, and any other information you
provide to AnnualLeave.com, and to keep it accurate, current and complete; and (d)
accept all risks of unauthorized access to the Registration Data and any other information
you provide to AnnualLeave.com. You are responsible for all activity on your AnnualLeave.com
account, and for all charges incurred by your AnnualLeave.com account.
3. Fees; Charges; Taxes
Fees and any other charges for the use of the Site are described on the Site. They
may change from time to time. If we change them, we will give you at least 30 days’
notice. If they do change, your continued use of the Site after the change indicates
your agreement with the new fees and charges after the effective date of the change.
Any change to fees and other charges will not be applicable to the billing period
in which the change occurs.
You are responsible for all taxes applicable to the fees in any applicable jurisdiction.
4. Ownership, Copyright and Trademarks
In these Terms the content on the Site, including all information, data, logos,
marks, designs, graphics, pictures, sound files, other files, and their selection
and arrangement, is called “Content”. Content provided by Users, whether
they are Subscribers, Customers or other Users, is called “User Content”.
For example, data about its Customers and about requests for time off entries that
a Subscriber provides to the Site is User Content of that Subscriber, data about
its payments that a Customer provides to the Site is User Content of that Customer,
and Content that a User enters into the AnnualLeave.com forum or enters as a comment
on the AnnualLeave.com blog is User Content of the User.
User Content is that User’s property. AnnualLeave.com’ only right to
that User Content is the limited licenses to it granted in these Terms. Those licenses
are described in Section 5 and Section 16 of these Terms.
Other than the User Content, the Site, all Content and all software available on
the Site or used to create and operate the Site is the property of AnnualLeave.com
or its licensors, and is protected by Irish and international copyright laws, and
all rights to the Site, such Content and such software are expressly reserved. All
trademarks, registered trademarks, product names and company names or logos mentioned
in the Site are the property of their respective owners. Reference to any products,
services, processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation
thereof by AnnualLeave.com.
Your User Content is your responsibility. We have no responsibility or liability
for it, or for any loss or damage your User Content may cause to other people. Although
we have no obligation to do so, we have the absolute discretion to remove, screen
or edit without notice any User Content posted or stored on the Site, and we may
do this at any time and for any reason. You are solely responsible for maintaining
copies of and replacing any User Content you post or store on the Site.
5. Your Limited License of Your User Content to AnnualLeave.com
We do not claim any ownership interest in your User Content, but we do need the
right to use your User Content to the extent necessary to operate the Site, and
provide the services provided by the Site, now and in the future. For example, if
you leave comments on the AnnualLeave.com blog or posts on the AnnualLeave.com forum,
we need your license to display that User Content on the Site, and we need the right
to sublicense that User Content to our other Users so that they can view that User
Content. If you are a Subscriber and enter data in relation to an employee and configure
your account to display data to your employees, we need your license to that User
Content to use it in the operation of the Site, and we need the right to sublicense
that User Content to your employees for that purpose.
Therefore, by posting or distributing User Content to or through the Site, you (a)
grant AnnualLeave.com and its affiliates and subsidiaries a non-exclusive, royalty-free,
transferable right to use, display, perform, reproduce, distribute, publish, modify,
adapt, translate, and create derivative works from such User Content on the Site,
in the manner in and for the purposes for which the Site from time to time uses
such User Content; (b) represent and warrant that (i) you own and control all of
the rights to the User Content that you post or otherwise distribute, or you otherwise
have the lawful right to post and distribute that User Content, to or through the
Site; and (ii) the use and posting or other transmission of such User Content does
not violate these Terms and will not violate any rights of or cause injury to any
person or entity.
If your User Content is intended for the use of other Users, you also grant us and
our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right
to sublicense such User Content to such Users for their use in connection with their
use of the Site, as described in Section 5 of these Terms.
These licenses from you are non-exclusive because you have the right to use your
User Content elsewhere. They are royalty-free because we are not required to pay
you for the use of your User Content on the Site. And they are transferable because
we need the right to transfer these licenses to any successor operator of the Site.
Our rights to “modify, adapt, translate, and create derivative works from”
are necessary because the normal operation of the Site does this to your User Content
when it processes it for use in the Site.
6. Our Limited License of Content to You
AnnualLeave.com grants you a limited, revocable, non-exclusive, non-sublicensable
license to access the Site and to view, copy and print the portions of the Content
available to you on the Site. Such license is subject to these Terms, and specifically
conditioned upon the following: (i) you may only view, copy and print such portions
of the Content for your own use; (ii) you may not modify or otherwise make derivative
works of the Site or the Content, or reproduce, distribute or display the Site or
any Content (except for page cacheing) except as expressly permitted in these Terms;
(iii) you may not remove or modify any copyright, trademark, or other proprietary
notices that have been placed in the Content; (iv) you may not use any data mining,
robots or similar data gathering or extraction methods; and (v) you may not use
the Site or the Content other than for its intended purpose.
Except as expressly permitted above, any use of any portion of the Content without
the prior written permission of its owner is strictly prohibited and will terminate
the license granted in this Section, this Agreement and your account with us. Any
such unauthorized use may also violate applicable laws, including without limitation
copyright and trademark laws. Unless explicitly stated herein, nothing in these
Terms may be construed as conferring any license to intellectual property rights,
whether by estoppel, implication or otherwise. The license in this Section is revocable
by AnnualLeave.com at any time.
You represent and warrant that your use of the Site and the Content will be consistent
with this license and will not infringe or violate the rights of any other party
or breach any contract or legal duty to any other parties, or violate any applicable
To request permission for uses of Content not included in this license, you may
contact AnnualLeave.com at the address set out at the bottom of these Terms.
7. Use of Interactive Areas and the Site
The Site may contain discussion forums, bulletin boards, review services or other
forums in which you or third parties may post reviews or other content, messages,
materials or other items on the Site (“Interactive Areas”). If AnnualLeave.com
provides such Interactive Areas, you are solely responsible for your use of such
Interactive Areas and use them at your own risk. User Content submitted to any public
area of the Site will be considered non-confidential. By using any Interactive Areas,
you expressly agree not to post, upload to, transmit, distribute, store, create
or otherwise publish through the Site any of the following:
Finally, AnnualLeave.com has a “zero-tolerance” policy towards SPAM:
you may not use the Interactive Areas or the Site generally to send commercial or
other messages to any third-party if those messages are not solicited, authorized
or welcomed by the third-party, and in your use of the Site you must comply with
all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing
practices, and with any applicable marketing association guidelines on ethical marketing
Any use of the Interactive Areas or other portions of the Site in violation of the
foregoing violates these Terms and may result in, among other things, termination
or suspension of your rights to use the Interactive Areas and/or the Site.
8. Providing a Reliable and Secure Service
If you have spent any time reviewing the Site, you will hopefully have noticed that
we take reliability and security seriously. We put a great deal of effort into ensuring
that our service operates all the time, and that it is a secure environment for
your data. We use what we believe to be “best-of-class” hosting services
and security technologies and services that we believe provide you with a secure
and safe environment. More information about these services and technologies is
available on the Site.
For example, AnnualLeave.com does not store credit card information. We use PayPal
as a “best-of-class” payment processing service. To safeguard employee
information, AnnualLeave.com encrypts all stored passwords, uses restrictive firewalls
to protect stored data and uses 256 bit SSL certificates to encrypt data transferred
between you and the Site.
However, no system is perfectly secure or reliable, the internet is an inherently
insecure medium, and the reliability of hosting services, internet intermediaries,
your internet service provider, and other service providers cannot be assured. When
you use AnnualLeave.com, you accept these risks, and the responsibility for choosing
to use a technology that does not provide perfect security or reliability.
9. Links to Other Sites
The Site may contain links to third-party Web sites (“Third-Party Sites”)
and third-party content (“Third-Party Content”) as a service to those
interested in this information. Third-Party Sites include payment processors and
other payment intermediaries that you may use in connection with your use of the
Site. You use links to Third-Party Sites, and any Third-Party Content or service
provided there at your own risk. AnnualLeave.com does not monitor or have any control
over, and makes no claim or representation regarding, Third-Party Content or Third-Party
Sites. AnnualLeave.com provides these links only as a convenience, and a link to
a Third-Party Site or Third-Party Content does not imply AnnualLeave.com' endorsement,
adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party
Content. AnnualLeave.com accepts no responsibility for reviewing changes or updates
to, or the quality, content, policies, nature or reliability of, Third-Party Content,
Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our
terms and policies no longer govern. You should review applicable terms and policies,
including privacy and data gathering practices, of any Third-Party Site, and should
make whatever investigation you feel necessary or appropriate before proceeding
with any transaction with any third party.
10. Advertisements and Promotions
AnnualLeave.com may run advertisements and promotions from third parties on the
Site. Your business dealings or correspondence with, or participation in promotions
of, advertisers other than AnnualLeave.com, and any terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
third party. AnnualLeave.com is not responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of third-party advertisers on the Site.
11. Warranty Disclaimer
The Site, the Content and the services provided by the Site are provided to you
on an “as is” basis without warranties from AnnualLeave.com of any kind,
either express or implied. AnnualLeave.com expressly disclaims all other warranties,
express or implied, including without limitation implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement. AnnualLeave.com does
not represent or warrant that Content is accurate, complete, reliable, current or
error-free, and expressly disclaims any warranty or representation as to the accuracy
or proprietary character of the Site, the Content or any portion thereof.
While AnnualLeave.com attempts to make your access to and use of the Site safe,
AnnualLeave.com does not represent or warrant that the Site or any Content are free
of viruses or other harmful components.
12. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever
against AnnualLeave.com, its affiliates or subsidiaries, their sponsors, contractors,
advertisers, vendors or other partners, any of their successors or assigns, or any
of their respective officers, directors, agents or employees (collectively, the
“Released Parties”) arising out of or in any way relating to your use
of the Site or the Content, including, without limitation, any claims or allegations
relating to the alleged infringement of proprietary rights, alleged inaccuracy of
Content, or allegations that any Released Party has or should indemnify, defend
or hold harmless you or any third party from any claim or allegation arising from
your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither AnnualLeave.com nor any other Released
Party shall be liable for any direct, special, indirect or consequential damages,
or any other damages of any kind, including but not limited to loss of use, loss
of profits or loss of data, whether in an action in contract, tort (including but
not limited to negligence) or otherwise, arising out of or in any way connected
with the use of the Site or the Content, including without limitation any damages
caused by or resulting from your reliance on the Site or other information obtained
from AnnualLeave.com or any other Released Party or accessible via the Site, or
that result from mistakes, errors, omissions, interruptions, deletion of files or
email, defects, viruses, delays in operation or transmission or any failure of performance,
whether or not resulting from acts of god, communications failure, theft, destruction
or unauthorized access to AnnualLeave.com or any other Released Party's records,
programs or Services.
In no event shall the aggregate liability of AnnualLeave.com, whether in contract,
warranty, tort (including negligence, whether active, passive or imputed), product
liability, strict liability or other theory, arising out of or relating to the use
of the Site exceed any compensation paid by you for access to or use of the Site
during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless AnnualLeave.com and the other Released
Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings
arising out of your use of the Site, and if you are a Subscriber, from your Customers’
use of the Site and from the use of the Site by any person to whom you give access
to your account (including as staff), including any claims made by any person that
any of your User Content infringes the rights, including the intellectual property
rights, of any third party.
Notices that we give you (other than notice of amendment of these Terms, which is
discussed in the introduction of these Terms) may be provided in any of the following
ways. First, we may email you at the contact information you provide in your Registration
Data. Second, we may post a notice to Subscribers in the dashboard area of your
account on the Site. Third, we may post the notice elsewhere on the Site. When we
post notices on the Site, we post them in the area of the Site suitable to the notice.
It is your responsibility to periodically review the Site for notices.
in any public area any information, ideas, inventions, concepts, techniques or know-how
(“User Submissions”), for any purpose, including the developing, manufacturing
and/or marketing or products or services incorporating such information, you acknowledge
that AnnualLeave.com can use the User Submissions without acknowledgement or compensation
to you, and you waive any claim of ownership or compensation or other rights you
may have in relation to the User Submissions. We actively review User Submissions
for new ideas. If you wish to preserve any interest you might have in your User
Submissions, you should not post them to the Site or send them to us.
14. Applicable Law and Venue
The Site is controlled by AnnualLeave.com and operated by it from its offices in
Dublin, Ireland. You and AnnualLeave.com both benefit from establishing a predictable
legal environment in regard to the Site. Therefore, you and AnnualLeave.com explicitly
agree that all disputes, claims or other matters arising from or relating to your
use of the Site will be governed by the laws of the Republic of Ireland. The United
Nations Convention on Contracts for the International Sale of Goods does not apply
to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy (whether
in contract or tort, pursuant to statute or regulation, or otherwise, and whether
preexisting, present or future) arising out of or relating to these Terms; (b) the
Site or Content; (c) oral or written statements, advertisements or promotions relating
to these Terms or to the Site; or (d) the relationships that result from these Terms
or the Site or Content (collectively, a “Claim”) will be referred to
and determined by a sole arbitrator (to the exclusion of the courts). Except where
prohibited by applicable law, you waive any right you may have to commence or participate
in any class action against AnnualLeave.com related to any Claim and, where applicable,
you also agree to opt out of any class proceedings against AnnualLeave.com. If you
have a Claim, you should give written notice to arbitrate at the address specified
below. If we have a Claim, we will give you notice to arbitrate at your address
provided in your Registration Data. Arbitration will be conducted by one arbitrator
pursuant to the commercial arbitration laws and rules in effect on the date of the
notice in the Republic of Ireland.
To the extent arbitration as described in the immediately preceding paragraph is
prohibited by applicable law, you agree that all Claims will be heard and resolved
in a court of competent subject matter jurisdiction located in the Republic of Ireland.
You consent to the personal jurisdiction of such courts over you, stipulate to the
fairness and convenience of proceeding in such courts, and covenant not to assert
any objection to proceeding in such courts.
If you choose to access the Site from locations other than the Republic of Ireland,
you will be responsible for compliance with all local laws of such other jurisdiction
and you agree to indemnify AnnualLeave.com and the other Released Parties for your
failure to comply with any such laws.
15. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, AnnualLeave.com reserves the right,
without notice and in its sole discretion, without any notice or liability to you,
to (a) terminate your license to use the Site, or any portion thereof; (b) block
or prevent your future access to and use of all or any portion of the Site or Content;
(c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose
limits on the Site or Content.
16. Inactive Accounts; Termination of Agreement
If your account is inactive for at least two months, we may deactivate your account.
Deactivated accounts are not deleted – they are placed in storage and can
be restored for a period of 3 months following the date it is deactivated. We will
notify you by email if we decide to deactivate your account. If you know in advance
that your account will be inactive at some time and don’t want us to deactivate
it, let us know in advance at the support email address on the Site. If after your
account has been deactivated it stays inactive and we don’t hear from you,
we may terminate it at any time and without notice.
You and AnnualLeave.com may terminate these Terms and your use of the Site at any
time. If you terminate your use of the Site you must pay the fees applicable for
the balance of the then current billing period (if your billing period is monthly,
we will prorate your account to the nearest month-end after termination). When your
AnnualLeave.com account is terminated, your User Content will, shortly thereafter,
not appear on the Site, except for User Content submitted to our forum or comments
on our blog, which may remain on the Site after termination. We may also retain
an archival copy of your User Content after termination, and you hereby grant us
a non-exclusive, perpetual, irrevocable license to maintain such archival copy for
our internal business purposes.
If these Terms expire or terminate for any reason, Sections 4, 8, 11, 12, 14, 16
and 17, and any representation or warranty you make in these Terms, shall survive
If any provision of these Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and
shall not affect the validity and enforceability of any remaining provisions. AnnualLeave.com
may assign any or all of its rights hereunder to any party without your consent.
You are not permitted to assign any of your rights or obligations hereunder without
the prior written consent of AnnualLeave.com, and any such attempted assignment
will be void and unenforceable. These Terms constitute the entire agreement between
you and AnnualLeave.com regarding your use of the Site, and supercede all prior
or contemporaneous communications whether electronic, oral or written between you
and AnnualLeave.com regarding your use of the Site. The parties confirm that it
is their wish that these Terms, as well as any other documents relating to this
Terms, including notices, have been and shall be drawn up in the English language
18. Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please
contact us here:
NovaUCD Innovation Park