• 1. Your consent
  • 2. Information about us
  • 3. Purpose
  • 4. Account
  • 5. Service availability
  • 6. Cancellation and refund
  • 7. Allergens
  • 8. Your Rights if Something is Wrong With Your Items
  • 9. Use of Tray Blazer by Minors and Blocked Persons
  • 10. Privacy Notice
  • 11. Subscribing Organization
  • 12. Modification of these Terms of Service
  • 13. User Content
  • 14. Promotions
  • 15. Endorsements/Testimonials/Sponsored Content
  • 16. Payments for advertisements
  • 17. Prohibited Conduct
  • 18. Trademarks
  • 19. Idea Submission
  • 20. Termination
  • 21. Disputes
  • 22. Miscellaneous
  • 23. Requests for Information and How to Serve a Subpoena

1. Your consent

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ORDERING OR POSTING ANY ITEMS ON OUR WEBSITE. Welcome to the services operated by Tray Blazer. (“Tray blazer” or “We”) consisting of the website available at https://trayblazer.com. The Terms of Service apply whether you are a user that registers an account with Tray Blazer or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, accessing, ordering, or using Tray Blazer, you are entering into a legally binding agreement between you and Tray Blazer regarding your use of the service. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Services.

2. Information about us

Tray Blazer is a sole proprietorship registered in Ireland, with an office at Weavers Square, Dublin 8, Ireland. Our VAT number is IE2798398G. You may contact us at [email protected].

3. Purpose

Our objective is to allow you to order items from restaurants we partner with (“Partner Restaurants”) by connecting you with the restaurant’s waiters or with waiters representing partner restaurants (“Waiters”). Tray Blazer acts as an agent on behalf of the partner restaurants to conclude your order from our website and to manage your experience throughout the order process and the provision of our advertising service to allow the waiters to create, publish and manage written advertisements for items (“Post”) available to order (our “Service”).

4. Account

In order to open an account, you will be asked to provide us with certain information such as an account name and password.

You may not enter a name or email address that:

  • Contains “Tray Blazer” or otherwise misrepresents your relationship with Tray Blazer or any other party;
  • Contains any profanity, is vulgar or offensive, or promotes an illegal activity;
  • Violates any trade mark or other proprietary right; and/or
  • Misleadingly impersonates someone else.

We reserve the right to deactivate accounts containing names and/or email addresses that do not comply with these Terms of Use at our discretion.

a. Account and Password

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to Tray Blazer upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge. We reserve the right to log off or deactivate accounts that are inactive for an extended period of time.

Unless expressly permitted in writing by Tray Blazer, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Tray Blazer reserves all available legal rights and remedies to prevent unauthorized use of our services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

b. Third-Party Accounts

Tray Blazer may permit you to register for and log on to Tray Blazer via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy notice. Further information about how Tray Blazer collects, uses, and discloses your personal information when you link your Tray Blazer account with your account on any third-party service can be found in our Privacy Notice.

5. Service Availability

Our Partner Restaurants each decide their own operating hours and the items are advertised as events subject to limited quantity released within a specified time window. That means that the availability of our Service, and the range of Partner Restaurants from which you can order, depends on the Partner Restaurants. Tray Blazer does not operate delivery services and the conditions related to the delivery of an item are set by the waiters in the descriptive section or the post comment section. Generally items are available as undertakings in the course of providing catering, restaurant or take-away services or any similar hospitality services. You must therefore be available to come, collect, or accept delivery on the release date from the time you placed the order. Transactions involving alcohol may only be made during normal licensing hours.

6. Cancellation and refund

Items involve a preparation and a logistic that requires fresh products subject to deteriorate or expire rapidly and you may not benefit from the right of withdrawal, in accordance with the provisions of Section 107 of the Consumer Rights Act 2022. Either party may cancel an order at any time for any or no reason prior to 48 hours before the order fulfillment. If cancellation occurs before the 48 hours notice, you will be entitled to a full refund of your order payment minus the payment processor fees. No refunds will be issued for cancellation within the 48 hours timeframe.

You are responsible for paying for all Items ordered using your account and for complying with these Terms, even if you have ordered the Item for someone else.

7. Allergens

Partner Restaurants may use nuts or other allergens in the preparation of certain Items. Please contact our Partner Restaurant prior to ordering if you have an allergy. Tray Blazer cannot guarantee that any of the Items sold by our Partner Restaurants are free of allergens. We recommend waiters to add a description specific to allergens either as a comment or in the descriptive section of the Item.

8. Your Rights if Something is Wrong With Your Items

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements set by your waiters before you place your order. If you believe that the Items do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund in respect of the affected part of the Item unless we have reasons to believe that the problem was caused after reception of the Item. Prior to processing your refund, we may take into account relevant factors including the details of the order, including your account history, and information from the waiters and Partner Restaurants.

9. Use of Tray Blazer by Minors and Blocked Persons

Tray Blazer is not available to persons under the age of 18. We advise parents or guardians who permit minors to use the Website that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool proof. Minors who are using any interactive service should be made aware of the potential risks to them. Age restricted products (including, without limitation, alcohol) can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. The waiter may refuse to hand over any age restricted product to any person unless they can provide valid photo ID proving that they are aged 18 or over. The Partner Restaurant and the waiter may refuse to hand over alcohol to any person who is, or appears to be under the influence of either alcohol or drugs. If the supply of any age restricted product is refused, you will still be charged for the relevant Item. Tray Blazer is also not available to any users previously removed from the Tray Blazer website by us.

BY USING TRAY BLAZER, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM THE TRAY BLAZER WEBSITE.

10. Privacy Notice

Your privacy is important to Tray Blazer. Please see our Privacy Notice for information relating to how we collect, use, and disclose your personal information, and our Privacy Choices on how you can manage your online privacy when you use Tray Blazer.

11. Subscribing Organization

When using Tray Blazer or opening an account with Tray Blazer on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and agree to these Terms of Service on behalf of such Subscribing Organization. Subscribing organizations representing partner restaurants must upgrade their profile by clicking “Become a Tray Blazer” prior to posting on the website.

The partner restaurants must comply with applicable laws and may need to adhere to the Consumer Protection Act 2007, the European Communities (Misleading and Comparative Marketing Communications) Regulations 2007, the European Communities (Misleading Advertising) Regulations 1988, European Communities (Protection of Consumers in Respect of Contracts made by means of Distance Communications) Regulations 2001, the European Communities (Directive 2001/31/EC) Regulations, 2003 (each as amended, supplemented or replaced from time to time) (the “Ecommerce Regulations”) and any other consumer protection legislation at the time being in force. Please note that the Website is aimed at consumers in Ireland (including Northern Ireland), but we cannot prevent you being contacted from other consumers or other third parties nor can we prevent your advertisement being displayed in other jurisdictions.

The ranking of advertisements in search results on our Website depends on the date of the event and on the location. Additional filters applied by users include category of items, price range and organizer. Tray Blazer reserves the right to occasionally boost visibility of an item by posting it on the homepage or on our social media.

12. Modification of these Terms of Service

Tray Blazer may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of Tray Blazer after the effective date of the revised Terms of Service constitutes your acceptance of the terms.

13. User Content

You are solely responsible for your User Content and the consequences of posting or publishing it. We retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with the Terms of Use or otherwise.

You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any confidential information of Tray Blazer or third parties; (5) your user content does not encourage an unhealthy lifestyle or unhealthy/unbalanced eating or drinking habits. Tray Blazer reserves all rights and remedies against any users who breach these representations and warranties.

You understand that, except for information, products or services clearly identified as being supplied by us, we do not operate, control or endorse any information, products or services on the Internet in any way. Except where identified otherwise, all information, products and services offered through the Website or on the Internet generally are offered by third parties that are not affiliated with us. We reserve the right to refuse to publish any content or other material or to provide any other services without prior notice to any user or users for any reason or no reason.

As a result of the variation in community standards and individuals sometimes choosing not to comply with our policies and guidelines, in the process of using the Website, you may be exposed to content that you find offensive or objectionable. We do encourage you to report posts, contents, or comments by emailing [hello @trayblazer.com] that are in breach of the Terms of Use or any applicable Policy or is in any other way objectionable. Tray Blazer will use all reasonable endeavours to remove the offending content complained about within a reasonable period of time. Any content reported to us will be reviewed from 9am to 5pm, Monday to Friday, excluding national and public holidays in the Republic of Ireland. Any notification received outside of the aforementioned hours will only be addressed upon the reopening of our office.

Content is Uploaded at Your Own Risk

Tray Blazer uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Tray Blazer does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Tray Blazer shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Tray Blazer for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY TRAY BLAZER HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

You are encouraged to exercise discretion when providing personal information about yourself on the Sites. Any personal information which you volunteer in your public profile will be available worldwide to anyone with access to the website. Please note that certain information which you may choose to provide might reveal data consisting of your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning your sex life or sexual orientation.

When users are involved in a transaction, information such as each other’s name, username, email address, and other contact information, postal information and financial information may be exchanged between the users. We ask you to respect other users’ privacy and disclose your privacy and security policies to them. In all cases, you must comply with data protection laws and give other users a chance to remove themselves from your database and a chance to review the information you have collected about them

The following is a non-exhaustive list of the criteria that Content must comply with. Content must:

  • be accurate (where it states facts);
  • be genuinely held (where it states opinions); and
  • comply with applicable law in Ireland, Northern Ireland and in any country from which it is posted, including compliance with the Disability Act 2005 and the Equality Act 2004 (including all 9 grounds: the gender ground, the marital status ground, the family status ground, the sexual orientation ground, the religion ground, the age ground, the disability ground, the race ground, the traveller community ground).

14. Promotions

Users may promote, administer, or conduct a promotion (e.g., a contest) on, through, or utilizing Tray Blazer (a “Promotion”). If you choose to promote, administer, or conduct a Promotion, you must adhere to the following rules: (1) You may carry out Promotions to the extent permitted by the code of standards for advertising and marketing communications in Ireland or the applicable law in your jurisdiction and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (2) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds. Tray Blazer has the right to remove your Promotion from the website if Tray Blazer reasonably believes that your Promotion does not comply with the Terms of Service or applicable law; (3) Tray Blazer is not responsible for and does not endorse or support any such Promotions. You may not indicate that Tray Blazer is a sponsor or co-sponsor of the Promotion; and (4) You will display or read out the following disclaimer when promoting, administering, or conducting a Promotion: “This is a promotion by [Your Name]. Tray Blazer does not sponsor or endorse this promotion and is not responsible for it.”

15. Endorsements/Testimonials/Sponsored Content

You agree that posting content for which, you, as a waiter or partner restaurant, have been compensated, either with money or something else of value, by a business partner should be designed and presented in such a way that they can easily be distinguished from editorial material. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through Tray Blazer, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through Tray Blazer, you agree to disclose such relationships. You, and not Tray Blazer, are solely responsible for any endorsements or testimonials you make regarding any product or service through Tray Blazer.

16. Payments for advertisements

Publication of an item is subject to payment of a 16% fee to the Tray Blazer platform. The 16% fee includes the 23% platform VAT. The partner restaurant is issued an invoice with Tray Blazer fee inclusive of VAT within 24 hours of the event end date and a payout is issued via PayPal on the payout email address provided.

The main waiter also receives a fee. The main waiter is defined as the restaurant’s waiter when only one waiter and one partner restaurant advertise an item. In case the restaurant and the restaurant’s waiter partner with a third party waiter who acts on behalf of the restaurant then the main waiter is the third party waiter (e.g. the “influencer”). The partner restaurant will receive the total value of the order minus the 16% platform fee and minus the main waiter. The main waiter receives a 10% fee on sales.

17. Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Tray Blazer Services.

You agree that you will comply with these Terms of Service and will not:

i. create, upload, post, or promote any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Tray Blazer accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via Tray Blazer; or perform any other similar fraudulent activity;

iii. send junk mail or spam to users of Tray Blazer, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;

iv. harvest or collect email addresses or other contact information of other users from Tray Blazer;

v. defame, harass, abuse, threaten, or defraud users of Tray Blazer, or collect or attempt to collect, personal information about users or third parties without their consent;

vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of Tray Blazer or User Content, (b) features that prevent or restrict use or copying of any content accessible through Tray Blazer, (c) features that enforce limitations on the use of Tray Blazer or User Content, or (d) the copyright or other proprietary rights notices on Tray Blazer or User Content;

vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Tray Blazer or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;

viii. modify, adapt, translate, or create derivative works based upon Tray Blazer or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

ix. interfere with or damage the operation of Tray Blazer or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

x. relay email from a third party’s mail servers without the permission of that third party;

xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by Tray Blazer, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Tray Blazer may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Tray Blazer;

xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through Tray Blazer;

xiii. interfere with or disrupt Tray Blazer website or servers or networks connected to Tray Blazer, or disobey any requirements, procedures, policies, or regulations of networks connected to Tray Blazer; use Tray Blazer in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Tray Blazer, or that could damage, disable, overburden, or impair the functioning of Tray Blazer in any manner;

xiv. use or attempt to use another user’s account without authorization from that user and Tray Blazer;

xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of Tray Blazer that you are not authorized to access;

xvi. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and

xvii. use the Tray Blazer Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation;

To the extent permitted by applicable law, Tray Blazer takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Tray Blazer liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using Tray Blazer. Your use of Tray Blazer is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that Tray Blazer will not contain any content that is prohibited by such rules.

Tray Blazer is not liable for any statements or representations included in User Content. Tray Blazer does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Tray Blazer expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Tray Blazer reserves the right to remove, screen, or edit any User Content posted or stored on Tray Blazer at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on Tray Blazer at your sole cost and expense. Any use of Tray Blazer in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use Tray Blazer.

18. Trademarks

Tray Blazer, the Tray Blazer logos, and any other product or service name, logo, or slogan used by Tray Blazer, and the look and feel of the Tray Blazer Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Tray Blazer, and may not be used in whole or in part in connection with any product or service that is not Tray Blazer’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tray Blazer, without our prior written permission.

All other trademarks referenced in the Tray Blazer Services are the property of their respective owners. Reference on the Tray Blazer Services 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 us or any other affiliation.

19. Idea Submission

By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Tray Blazer or its employees, you acknowledge and agree that Tray Blazer shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

20. Termination

To the fullest extent permitted by applicable law, Tray Blazer reserves the right, without notice and in our sole discretion, to terminate your Tray Blazer user account and to block or prevent your future access to and use of Tray Blazer, including where we reasonably consider that: (a) your use of Tray Blazer violates these Terms of Service or applicable law; (b) you fraudulently use or misuse Tray Blazer; or (c) we are unable to continue providing Tray Blazer to you due to technical or legitimate business reasons, or (d) we have received an excessive amount of refund requests or cancellations in relation to products you have advertised. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) Tray Blazer, (ii) any term of these Terms of Service, (iii) any operating policy or practice of Tray Blazer, or (iv) any content or information transmitted through Tray Blazer, is to terminate your account and to discontinue use of any and all parts of Tray Blazer.

21. Disputes

a. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Tray Blazer, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Tray Blazer Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of Tray Blazer, any User Content you post, store, or otherwise transmit in or through Tray Blazer, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Tray Blazer Parties of any third-party claim, and Tray Blazer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Tray Blazer, and you agree to cooperate with Tray Blazer’s defense of these claims. Tray Blazer will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

b. Disclaimers; No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) TRAY BLAZER AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY TRAY BLAZER; (B) THE TRAY BLAZER PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO TRAY BLAZER, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) TRAY BLAZER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON TRAY BLAZER ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) TRAY BLAZER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE TRAY BLAZER ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE SAFE, TRAY BLAZER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT TRAY BLAZER OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAY BLAZER OR THROUGH TRAY BLAZER WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

c. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL TRAY BLAZER OR THE TRAY BLAZER PARTIES 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 OR INABILITY TO USE TRAY BLAZER, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM TRAY BLAZER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, 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 TRAY BLAZER’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRAY BLAZER, 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 OR INABILITY TO USE TRAY BLAZER EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING TRAY BLAZER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED EUROS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, TRAY BLAZER SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

d. Reference Sites

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TRAY BLAZER AND RECEIVED THROUGH OR ADVERTISED ON TRAY BLAZER OR RECEIVED THROUGH ANY REFERENCE SITES.

e. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT TRAY BLAZER HAS OFFERED TRAY BLAZER SERVICE, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TRAY BLAZER, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TRAY BLAZER. TRAY BLAZER WOULD NOT BE ABLE TO PROVIDE THE TRAY BLAZER SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

f. Applicable Law and Venue

To the fullest extent permitted by applicable law, you and Tray Blazer agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than Ireland any dispute between the parties will be governed by this Agreement and the Irish laws, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

g. Claims

YOU AND TRAY BLAZER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TRAY BLAZER SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

22. Miscellaneous

a. Waiver

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

b. Severability

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

c. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tray Blazer without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

d. Survival

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

e. Entire Agreement

The Terms of Service is the entire agreement between you and Tray Blazer relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Tray Blazer as set forth in Section 10 above.

23. Requests for Information and How to Serve a Subpoena

All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes must be made using the appropriate level of legal process, and must be properly served on Tray Blazer to the registered address.

Please note that Tray Blazer does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, the Tray Blazer Service at issue, e.g., https://trayblazer.com, and the username at issue, e.g., the Tray Blazer username: https://.trayblazer.com/username and event https://.trayblazer.com/commons/events), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g., a limited time period) will facilitate efficient processing of your request.