Youth Suicide Prevention Ireland Terms & Conditions
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, data.yspi.ie ("Our Site"). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
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Definitions and Interpretation
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In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
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"Account" |
means an account required for a User to access certain areas of Our Site, as detailed in Clause 4; |
"Content" |
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; |
"Our Site" |
means this website, data.yspi.ie or any other website operated by Us and a reference to "Our Site" includes reference to any and all Content included therein (including User Content, unless expressly stated otherwise); |
"User" |
means a user of Our Site; |
"You/Your" |
means the user of Our Site subject to these terms and conditions; |
"User Content" |
means cause profiles and associated pages, fundraising pages and associated pages, donor messages submitted by Users to Our Site; and |
"the Charity" |
means Youth Suicide Prevention Ireland, a charitable trust registered in Ireland under Registered Charity Number 20070670, whose registered address is 83A New Street, Killarney, Co Kerry V93 FR59 and whose main trading address is 83A New Street, Killarney, Co Kerry V93 FR59. |
"donation / donations" |
means a gift made to the charity in support of its charitable objectives and which is irrevocable except in cases required by law. |
"We/Us/Our" |
means Youth Suicide Prevention Ireland Publications Ltd., a company registered in Ireland under Companies Registration Office number 537384, whose registered address is 83A New Street, Killarney, Co Kerry V93 FR59 and whose main trading address is 83A New Street, Killarney, Co Kerry V93 FR59. |
"period of registration" |
means the longest period that a fundraising account will be marked as active and any funds on that account can be applied to an event being three hundred and sixty four days (364) from the date of our confirmation of a registration. |
"event" |
means the charity may from time to time at its sole discretion devise, promote, acquire, sponsor, support or otherwise authorise fundraising events in support of the charitable objectives of the charity. |
"insurers" |
means the company or companies, agents, brokers or other intermediaries providing insurance, liability protection or other cover to us or the charity. |
"cooling-off period" |
means the period from the date of transaction where you may request a refund of any financial transaction made online through our sites. |
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Information About Us
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- Our Site data.yspi.ie is owned and operated by Youth Suicide Prevention Ireland Publications Ltd., a company registered in Ireland under Companies Registration Office number 537384, whose registered address is 83A New Street, Killarney, Co Kerry V93 FR59 and whose main trading address is 83A New Street, Killarney, Co Kerry V93 FR59.
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Access to Our Site
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- Access to Our Site is free of charge.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
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Accounts
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- Certain parts of Our Site (including the ability to submit User Content) may require an Account in order to access them.
- You may not create an Account if you are under 16 years of age. If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
- When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
- We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters and numbers. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at admin@yspi.ie We will not be liable for any unauthorised use of your Account.
- You must not use anyone else's Account without the express permission of the User to whom the Account belongs.
- Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 16.
- If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access. In accordance with our Privacy Statement , all data associated with your account will be removed when your account is closed.
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Intellectual Property Rights and Our Site
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- With the exception of User Content (see Clauses 6 and 7), all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable Irish, European Union and international intellectual property laws and treaties.
- Subject to the licence granted to Us under sub-Clause 6.5, Users retain the ownership of copyright and other intellectual property rights subsisting in User Content submitted by them (unless any part of such User Content is owned by a third party who has given their express permission for their material to be used in the User Content).
- For personal use (including research and private study) only, you may:
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- Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
- Download any Content where we have provided a link enabling you to do so;
- Download Our Site (or any part of it) for caching;
- Print pages from Our Site;
- Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
- Save pages from Our Site for later and/or offline viewing;
- View and use User Content in accordance with the permissions displayed with that User Content and set out in Clause 7;
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- You may not use any Content (including User Content) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors, or from the relevant User, as appropriate. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
- You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
- Subject to sub-Clauses 5.3 and 5.8 and Clause 7 (governing User Content) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please contact Us at admin@yspi.ie .
- Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
- Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works', covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
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User Content
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- User Content on Our Site includes (but is not necessarily limited to) cause profiles, cause event pages, fundraising pages, team pages, donor names and messages.
- An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
- You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 8.
- You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
- You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By submitting User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site.
- If you wish to remove User Content, you may do so by completing the Close Account form in your account. We will use reasonable efforts to remove the User Content in question from Our Site. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 6.5. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
- We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
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Intellectual Property Rights and User Content
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- User Content included on Our Site and the copyright and other intellectual property rights subsisting in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable Irish, European Union and international intellectual property laws and treaties.
- Subject to the rights to use Our Site set out in sub-Clause 5.3, Users may not otherwise copy, distribute, publicly perform, publicly display, reproduce, or create derivative works based upon, each others' User Content, without first obtaining the express written permission of the User to whom the User Content in question belongs.
- Unless a particular User expressly states otherwise, the identity and ownership status of Users and User Content must always be acknowledged.
- Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 'Acts Permitted in Relation to Copyright Works', covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
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Acceptable Usage Policy
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- You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 8. Specifically:
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- you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
- you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
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- When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
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- is sexually explicit;
- is obscene, deliberately offensive, hateful, or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
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- We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
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- suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
- remove any of your User Content which violates this Acceptable Usage Policy;
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- any other actions which We deem reasonably appropriate (and lawful).
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- We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
- You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 8. Specifically:
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Links to Our Site
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- You may link to Our Site provided that:
- you do so in a fair and legal manner;
- you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
- you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
- you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
- You may link to Our Site provided that:
- You may link to any page of Our Site.
- You may not link to Our Site from any other site the content of which contains material that:
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- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive;
- is intended or is otherwise likely to infringe (or to threaten to infringe) another person's privacy;
- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.4);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
- is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
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- The content restrictions in sub-Clause 9.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 9.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
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Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
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Advertising
- We may feature advertising on Our Site and We reserve the right to display advertising on the same page as any User Content.
- You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
- We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
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Disclaimers and Legal Rights
- Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any information provided on www.idonate.ie
- Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
- We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.
- We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
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Our Liability
- To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is User Content) included on Our Site.
- To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including User Content) included on Our Site.
- Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 12.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content (including User Content) from it) or any other site referred to on Our Site.
- We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers' legal rights, including those relating to digital content, please contact your local Citizens' Advice Bureau or Trading Standards Office.
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Viruses, Malware and Security
- We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.4.
- You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
- You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
- You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
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Privacy and Cookies
- Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://data.yspi.ie/privacy.php . These policies are incorporated into these Terms and Conditions by this reference.
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Data Protection
- All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation GDPR and your rights and Our obligations under that Act. For further information on Data Protection, please review Our Sites Privacy Statement https://data.yspi.ie/privacy.php
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Communications from Us
- If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
- We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. Email marketing options can also be changed in your account settings. If you opt out of receiving emails from us at any time, it may take up to 30 business days for your new preferences to take effect.
- For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at admin@yspi.ie .
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Contacting Us
To contact Us, please email Us at admin@yspi.ie or write to us at YSPI, 83A New Street, Killarney, Co Kerry V93 W3KT.
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Use of Our Site by the charity.
The charity has entered into a contractual arrangement with us which enables us to facilitate the collection of donations made on Our Site on their behalf. We cannot collect donations without the permission of the charity.
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Fundraising on Our Site
- The charity may from time to time at its sole discretion devise, promote, acquire, sponsor, support or otherwise authorise fundraising events to assist in funding the charitable objectives of the charity.
- Participants may be allocated a fundraising account upon registration for the event.
- Fundraising accounts are virtual accounts created for the sole purpose of recording and allocating gifts made to the charity through sponorship of a participant in an event.
- Funds recorded in your fundraising account are the sole property of the charity and are allocated to your fundraising account based on gifts made to the charity as sponsorship towards your participation in a fundraising event.
- The period of registration for Fundraising accounts on this site is time limited to three hundred and sixty four days from the date of our confirmation of registration.
- The charity will record donations on your fundraising account made towards the event for which you are registered to participate for the period of registration or until the event is completed whichever is sooner.
- After the period of registration has expired and you have not completed the Minimum Fundraising Target for your event your fundraising account will be suspended and any funds recorded by the charity in your fundraising account will be deemed to be general funds and may be used by the charity as it sees fit without further recourse to you.
- The charity may entirely at its sole discretion allow you to extend the period of registration for your event and reactivate your fundraising account for an agreed length of time to allow you to complete your fundraisisng event.
- All donations made and funds raised through this site are gifts for the purpose of supporting the charitable objectives of the charity and such funding of the charity constitutes in full the only goods or services provided through this site.
- Any fundraising event or activity is deemed to be a tool to raise funds and donations and does not constitute goods or services in itself.
- Once a receipt has been issued by the charity for any gift that you have made you are deemed to have received your goods or services and the contract between us has been fulfilled.
- Users agree that should any fundraising event or activity for which they have provided donations become unavailable, cancelled or replaced with another event then they hold us indemnified to the fullest extent possible under the law.
- Where events are organised, managed or provided by third-party contractors we accept no liability in any circumstances arisisng from your participation in any such event and you agree to indemnify us to the fullest extent possible under the law.
- Where events are organised, managed or provided by third-party contractors and the contractual terms of that event are changed by the contractor such that you are no longer entitled to participate we accept no liability in any circumstances arisisng from such changes by the contractors and you agree to indemnify us to the fullest extent possible under the law.
- Where events are organised, managed or provided by Us or the Charity we accept no liability in any circumstances arisisng from your participation in any such event and you agree to indemnify us to the fullest extent possible under the law.
- We accept no liability for any financial expenses or other loss that you may incur due to the unavailability, cancellation, curatilment or replacement of an event in any circumstances.
- In all circumstances should you have a complaint about an event you should contact the event provider or their authorised agent or representative.
- All fundraising undertaken through our site and monies received from such fundraising are deemed to be gifts to the Charity and are non-refundable in all cases except as set out in sub-Clauses 22.5 and 22.8.
- We makes no representation or warranty as to the suitability and/or appropriateness of any fundraising activity.
- We expressly reserves the right to suspend a fundraising page and/or disabled user accounts in the event that the charity, in its sole discretion, deems the fundraising activity unsuitable or inappropriate.
- We may issue vouchers for some events as proof that you have completed the minimum qualifying criteria for that event:
- Vouchers may be redemed only towards the cost of the event for which you are registered and for which the voucher has been issued.
- Vouchers are only valid for the person who is named on the voucher. Photographic identification may be required to use the voucher.
- Vouchers are not transferable
- Once a voucher has been issued it may only be re-issued at our sole discretion.
- Some events require the production of the voucher to participate. We accept no liability should you be denied participation for failing to provide your voucher.
- Vouchers have a cash value of zero point zero zero zero one cent (€0.0001).
- Vouchers are time limited for a period not exceeding one hundred and eighty days (180) from the date of issue and the date of expiry is displayed on the voucher.
- We may at our sole discretion honour a voucher that has expired.
- We may at our sole discretion extend the expiry period for vouchers under exceptional circumstances.
- We accept no liability for mis-use of any voucher that we have issued to you. You are responsible for the protection and use of your voucher once it has been issued to you by email or by post or other means of communication or delivery.
- Vouchers that have been issued but have not been redeemed may be revoked should you be found in breach of these terms and conditions.
- In any situation or circumstance where our insurers may become involved at any level or in any role then you agree to be bound by any terms and conditions that the insurers may require or impose.
- If your account is terminated for a breach of any of these terms and conditions then you will forfeit the value of any funds recorded in your account and should a voucher have been issued then it may be revoked.
- If a Force Majeure Event is declared by Us and notifed to You in accordance with section 25.1 then:
- the Charity reserves the right to cancel any and all Events at their sole discretion
- You agree that any and all gifts made to the Charity in support of your fundraising activities and recorded by Us in your Account may be allocated immediately and in full to support, maintain and preserve the charitable objectives of the Charity.
- Vouchers which have been issued but not redeemed will be honoured where possible and at our sole discretion.
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Fundraising for the charity
- It is the responsibility of users of our Site to ensure the charity has no objection to the fundraising activities being performed by the user.
- Users must ensure that any and all fundraising undertaken by them are fully complaint with the law. Some fundraising activities require permission from An Garda Siochana and it is the sole responsibility of the user to ensure that they seek advice in relation to any fundraising activity they undertake.
- If we have reasonable cause to suspect that funds raised through this site have been raised inappropriately or illegally we may make a complaint to An Garda Siochana and/or other appropriate authorities.
- You may only use our Logos, Charity Name and Charity Registration Number on artwork, posters, leaflets, websites, social media post or any other communication medium with our express written consent or if we have provided such materials for your use, and any use without our express written consent will be reported to An Garda Siochana as fraudulent use and we retain the right to puruse legal action against you.
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Payments and Donations
Users making donations by debit card or credit card or other payment method avaialble through our site hereby agree and assure us that:
- All payments made to the charity are deemed to be gifts to the charity:
- By making a payment through our website or our designated payment agent you as donor agree that you intend to make a gift to the charity as donee without expectation of compensation or consideration
- By completing a payment through our website or our designated payment agent you as donor agree to have delivered your payment as a gift to the charity as donee
- The charity as donee is deemed to have accepted the delivery of the gift from you as donor upon the completion of your payment through our website or our designated payment agent. The issuing of a receipt acts as additional proof of acceptenace of delivery but is not essential to the acceptance of the delivery of the gift.
- The charity as donee may at its sole discretion return a gift if the delivery of the gift by the donor is fraudulent or falls within any statutory period where payments are deemed to be reversible.
- all debit card or credit card or other payment method information supplied is true, correct and complete
- the person making the donation is duly authorized to use the debit card or credit card or other payment method for that purpose
- the donation and the fees will be honoured by the donor's bank or credit card company.
- If You discover that a donation has been made on this site using Your debit card or credit card or other payment method details in circumstances where You had not agreed to or authorised this, then (provided You have not, through failure to take reasonable care, allowed an unauthorised person to gain access to Your payment details or password) we are required to refund to You the money they receive provided that:
- You inform Your credit card company or bank or other payment provider and us of the unauthorised payment as soon as You discover it; and
- You co-operate with Your credit card company or bank or other payment provider and us and, if necessary, An Garda Siochana in relation to the unauthorised use.
- All donations made via the site are final unless fraudulent use of the card is proven in accordance with previous paragraph.
- The Cooling-Off Period is fourteen days (14) from the date of transaction.
- As online donations are voluntary, if you change your mind about contributing online to the charity for any reason, or if you donate the wrong amount by mistake, we are happy to honour your decision, as long as you request a refund within the cooling-off period so that a refund can be made to your payment account.
- After the cooling-off period has expired we may refund a transaction at our sole discretion.
- We take no responsibility for your dissatisfaction with the use of your donation to the charity. If You have cause for dissatisfaction with the use of your donation you may contact the charity directly using the contact details provided on the Website.
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Use of funds received through Our Site
We make no representations or warranties in relation to the appropriate use of funds raised by use of Our Site or the services provided. Fundraisers & donors should make enquiries with the charity or check the charity website for information on how donations are used.
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Fees & Payments
Due to transaction fees, bank fees and card administration charges the charity may receive less than the original amount donated via this website.
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Force Majeure
- Neither parties shall be held liable for failure or delay in the performance of its obligations under this Contract, if such performance is delayed or hindered by the occurrence of an unforeseeable act or event which is beyond the reasonable control of either party ("Force Majeure Events").
- Acts or events constituting Force Majeure Events shall include, but not limited to Act of God, government intervention, directives or policies.
- The party affected by a Force Majeure Event shall notify the other as soon as soon as reasonably practicable after commencement of a Force Majeure Event.
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Severability
- If any of these conditions is or becomes invalid or unenforceable, then it will be modified to remove the invalidity or unenforceability and will then be binding. All other terms will remain in full force and effect.
- A failure to exercise any right or remedy will not affect any right or remedy nor alter the obligations which we have to each other.
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Applicable Law
- By visiting Our Site you agree that these Terms and Conditions shall be construed in accordance with the laws of Ireland and all contracts governed by them will be deemed to have been made in Ireland.
- You consent to the exclusive jurisdiction of the Irish Courts in all matters regarding contracts governed by these terms and conditions except to the extent that we invoke the jurisdiction of the Courts of any other country.
- In the event of any conflict between the English version of these terms and conditions and any translation of them, the English version will prevail.
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Changes to these Terms and Conditions
- We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
- In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.