This page (together with the documents referred to on it) tells you the terms and conditions on which your mymilkman Distributor, as defined below, will supply any of the products (Products) listed on our website mymilkman.ie (our site), and the mymilkman.ie app (the app) to you. These terms and conditions include mymilkman.ie app End User License Agreement (as set out below) which governs your use of the app.
Please read these terms and conditions carefully before ordering any Products from your mymilkman Distributor. You should understand that by registering on mymilkman.ie and by ordering any of the Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
mymilkman.ie, and the mymilkman.ie app are hosted by Tirlán Limited (/Tirlánwe/us). We are registered in Ireland under registration number 501098 and with our registered office at Abbey Quarter, Kilkenny, R95DXR1, Ireland. Our VAT number is IE9835415P
2. YOUR STATUS
By placing an order through our site or the app, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old; and
You are resident in Ireland
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND YOUR MILKMAN DISTRIBUTOR
3.1 You will need to open a mymilkman account (Account). To do this you must complete the registration process and all information supplied by you must be complete and accurate. You will be asked to choose a password, and you are responsible for maintaining the privacy of your Account and password. You are also responsible for all activities that occur under your Account and you must notify us immediately of any unauthorised use of your Account which is provided to you by us who facilitate the transactional element of this website. No compensation will be paid to you for the set up or operation of your Account. Only you may use your own Account, and you cannot use anybody else’s account without their prior express permission.
3.2 Once your Account is set up, it will continue indefinitely, regardless of usage levels, unless terminated by you, Tirlán or your mymilkman Distributor. You can terminate your Account with Tirlán by following the cancellation process in your personal mymilkman account. Tirlán Limited and/or your mymilkman Distributor may terminate your account at any time without prior notice to you at the sole discretion of Tirlán and/or your mymilkman Distributor.
3.3 On placing an order, you will be assigned a mymilkman Distributor ( your mymilkman Distributor) and you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to your mymilkman Distributor to buy a Product(s). Your order is subject to acceptance by your mymilkman Distributor. Once your mymilkman Distributor has confirmed his/her acceptance of your order we will communicate this acceptance, on behalf of your mymilkman Distributor, to you by sending you an e-mail confirmation. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the e-mail, on behalf of your mymilkman Distributor, to you (whether or not you receive that e-mail)and a binding contract shall exist between you and your mymilkman distributor. For the avoidance of doubt you acknowledge that Tirlán are hosts of this website only and that no contract for the supply of Products shall exist between you and Tirlán.
4. PRICE AND PAYMENT
4.1 Your mymilkman Distributor is responsible for providing and explaining any prices, product description, shipping, security and privacy policies. You are responsible for reading and understanding these prices, product description, shipping, security and privacy policies. You are responsible for paying all charges for Products and services purchased from your mymilkman Distributor.
4.2 Payment for all Products shall be made by:
4.2.1 Cash payment – By choosing cash payment you agree to pay your mymilkman Distributor directly for the Products delivered to you each week. Your mymilkman Distributor will call to you to collect payment at the end of the week (normally a Thursday/Friday or Saturday) to which your delivery of Products relates.
4.2.2 Online payment with Credit Card / Laser Card – Consumers who select to pay for their milk using their Credit Card / Laser Card/ Visa Debit will have to enter their card details which will be encrypted and stored with our trusted 3rd-party partner Global Payments.
4.4.3 Credit Card / Laser Card / Visa Debit payments will be taken by the milkman at the end of each delivery week.
5. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
5.1 Tirlán and/or mymilkman.ie have reserved the right to revise and amend these terms and conditions under which mymilkman.ie services are offered. You are responsible for regularly reviewing these terms and conditions and for additional terms posted on the mymilkman.ie website, and mymilkman.ie app
5.2 You will be subject to the policies and terms and conditions in force at the time that you order products from your mymilkman Distributor, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
6.1 Unless otherwise specified, the mymilkman.ie site, app, and services are for personal and non-commercial use.
6.2 All contents of the mymilkman.ie site and app are copyright of Tirlán and/or its suppliers. mymilkman.ie is a registered trademark owned by Tirlán You may not copy, modify, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer, or sell any information software, products and services obtained from mymilkman.ie.
6.3 The mymilkman.ie site and app may have links to several other sites (Linked Sites) and much of the information posted on this site is supplied by individual MilkMen Distributors. This information and the information contained on Linked Sites, including but not limited to the price of goods and services supplied, is the responsibility of those third parties and you undertake to separately adhere to and review the terms and conditions and privacy statement of those sites, if applicable. mymilkman.ie and/or Tirlán does not accept any liability in relation to information provided by individual MilkMen Distributors or charges of Linked sites.
6.4 As a condition of your use of the mymilkman.ie site, app, or services, you will not use the site, app or services for any purpose that is unlawful or prohibited by these terms, conditions and notices.
6.5 You may not use the site or app in any manner which could damage, disable overburden or impair any mymilkman.ie site/service or interfere with any other parties use and/or enjoyment of those sites/services.
6.6 You may not attempt to gain unauthorised access to mymilkman.ie sites or app, or services, other accounts, computer systems and networks connected to any mymilkman.ie site/service, through hacking, password mining or any other means.
6.7 The sites, app and services of mymilkman.ie are provided on an “as is” and “as available” basis. Tirlán makes no representations or warranties of any kind, whether expressed or implied, as to the operation of their sites, app or services, the information, content, materials or products, included on or in the sites, app or services. To the full extent of the applicable law, Tirlán disclaims all warranties, express or implied, including but not limited to implied warranties of merchant liability and fitness for a particular purpose. Tirlán will not be liable for any damages of any kind arising from the use of mymilkman.ie sites, app or services, including but not limited to direct, indirect, consequential, incidental and punitive damages. No oral advise or written information given by mymilkman.ie and/or Tirlán, its affiliates, agents, directors, employees nor agents, or the like, shall create a warranty, nor shall you rely on any such information or advice.
6.9 mymilkman.ie and/or Tirlán prohibit minors from making purchases on the mymilkman.ie site, or any of its affiliate sites.
6.10 You may from time to time receive marketing, product or other information from mymilkman.ie and/or Tirlán. You can unsubscribe from this informational service at any stage and still remain a customer of mymilkman.ie and/or Tirlán.
6.11 By registering with mymilkman.ie, you agree to be bound by these terms and conditions.
7. CANCELLATION POLICY
Customers can cancel their account at any time by following the online cancellation process in their personal mymilkman.ie account.
These terms and conditions are intended to be severable. If for any reason, any term or condition is held unenforceable or invalid, the remaining terms, conditions and provisions shall continue to be valid to the fullest extent permitted by law.
9. LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the Irish Law, and the parties hereby submit to the exclusive jurisdiction of the Irish courts to settle any disputes which may arise in connection with these terms and conditions.
Mymilkman.ie app – END USER LICENSE AGREEMENT
- We license you to download and use the app provided you follow all of the rules described in this agreement. The licence:
- is only for you personally (and anyone else that the app store lets you share the app with) and for non-business use;
- starts when you download the app; and
- covers content, materials, or services accessible from, or bought in, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
- In this agreement, we refer to the site that you download the app from as the ‘app store’ and we refer to their rules and policies as the ‘app store rules’. You must comply with the app store rules as well as this agreement but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here.
- You do not own the app or any of its contents but you may use it on devices that you own or control, as permitted by the app store rules.
- If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.
- You are not allowed to:
- modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
- deliberately attempt to avoid or manipulate any security features included in the app; or
- pretend that the app is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).
- The terms and conditions governing the supply of the products listed on the app the app are set out in the MyMilkman Terms and Conditions.
- Technical requirements
To use the app your device needs to comply with the following minimum requirements:
|Device compatibility||Android and iOS|
|Operating system||Android 5.0 and iOS 9.0|
- Support and contact
- If you need to get in touch with us, you can use any of the following methods:
- If we need to get in touch with you, we will do so by email or an in-app notification.
|Our support pages||https://mymilkman.ie/contact-us/|
- Privacy and your personal information
- Collection of technical information
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
- Acceptable use
- You must not use the app to do any of the following things:
- break the law or encourage any unlawful activity;
- send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
- infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
- transmit any harmful software code such as viruses;
- try to gain unauthorised access to computers, data, systems, accounts or networks; or
- deliberately disrupt the operation of anyone’s website, app, server or business.
- You must not use the app to do any of the following things:
- Updates to the app
- We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app.
- Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.
- We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.
- Changes to this agreement
- We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
- You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the app and can apply to the app store for a refund.
- External services
- The app may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
- We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
- You must not use external services in any way that:
- is inconsistent with these terms or with the terms of the external service; or
- infringes our intellectual property rights, or the intellectual property rights of any third party.
- From time to time, we may change or remove the external services that are made available through the app.
- Our responsibility to you
- If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
- We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
- If the app damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
- Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
- Failures of networks or hardware
The app relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the app due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.
- Ending this agreement
- We can end this agreement if you do not comply with any part of it.
- We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
- The consequences of the agreement ending are as follows:
- 12.3.1.you are no longer allowed to use the app and we may remotely limit your access to it;
- 12.3.2.you must delete it from any devices that it has been installed on;
- 12.3.3.we may delete or suspend access to any accounts that you hold with us; and
- 12.3.4.you are not entitled to a refund.
- Transferring this agreement
- We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
- You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
- Governing law and jurisdiction
- These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.