TERMS OF SERVICE

Any person or entity (“user”), registered to use or access the site at mightyhappiness.com (“site”) or any information contained in the site, agrees to and is bound by the following terms and conditions of this registered user agreement (“agreement”).

Contracting parties. When you visit the Site, you are contracting with Mighty Happiness, a private company registered in Donegal, Ireland with its registered office. Mighty Happiness is referred to in these terms and conditions as “we”, “us”, “our” or “Red Orange Lucky”. Please note that age restrictions may apply to certain Campaigns in some cases.

Under 18s. Mighty Happiness is not directed at or to children, and Mighty Happiness expects that any and all use of the Site by children will be done only with the guidance, supervision and consent of the child’s parent, guardian and/or authorised school official. Parents, guardians and/or officials must ensure such minors use the Service only if they can understand their rights and responsibilities as stated in this Agreement and our Privacy Policy.

Site Content. This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, sometimes at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Please note that Mighty Happiness does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.

Ownership of Content. Mighty Happiness, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under applicable law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.

Your Use of the Site and the Content. You agree to not use the Site or any of the Content for any reason other than as authorised by Mighty Happiness solely via the normal functionality of the Site.

Liability. You agree that the liability of Mighty Happiness to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid to Mighty Happiness for our Products or Services; and (2) one hundred euros (€100). Except as set out herein, Mighty Happiness shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by the negligence of Mighty Happiness.

Indemnity. You agree to indemnify Mighty Happiness for any loss or damage that may be incurred by Mighty Happiness, including without limitation legal fees, arising from any breach by you of any warranty or other terms herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify Mighty Happiness for all loss or damage incurred by Mighty Happiness in relation to any third party claim against Mighty Happiness for infringement of intellectual property rights arising in relation to your provision of materials to the Site.

General Site Disclaimer for Services. Except as expressly set out above, the Service and the Products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements. You agree and accept that Mighty Happiness shall not be liable for any change, suspension or interruption to the Site or the Service. Mighty Happiness provides no warranty regarding continuous access to the Site or the services, as operations of the Site may be interfered with by numerous factors outside of our control.

Trademarks. The brands, products and service names used or appearing within the Site (including, without limitation, “Mighty Happiness”) are the trademarks or trade names of Mighty Happiness or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of Mighty Happiness.

Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Mighty Happiness. Mighty Happiness will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Mighty Happiness or any other parties through User’s use of the Site or services provided via the Site. Mighty Happiness reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.

Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes. 

Governing Law

‍These Terms of Service shall be governed by and construed in accordance with the laws of Northern Ireland, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right to modify or replace these Terms of Service at any time. Any changes will be effective immediately upon posting on this page.

MIGHTY HAPPINESS