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, www.loughgrainey.org (“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.
1. Definitions and Interpretation
i. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“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, www.loughgrainey.com 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;
“We/Us/Our”
means Lough Grainey Nature Reserve Company Limited by Guarantee, trading as Lough Grainey Nature Sanctuary, a company registered in Ireland under 658396, whose registered address is Corracloon More, Caher, Flagmount, Co Clare, and whose main trading address is Corracloon More, Caher, Flagmount, Co Clare.
2. Information About Us
i. Our Site, www.loughgrainey.org, is owned and operated Lough Grainey Nature Reserve CLG trading as Lough Grainey Nature Sanctuary, a limited company registered in Ireland under 658396, whose registered address is Corracloon More, Caher, Flagmount, Co Clare, and whose main trading address is Corracloon More, Caher, Flagmount, Co Clare
3. Intellectual Property Rights and Our Site
i. 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 and international intellectual property laws and treaties.
ii. 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).
iii. For personal use (including research and private study) only, you may:
a. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
b. Download any Content where we have provided a link enabling you to do so;
c. Download Our Site (or any part of it) for caching;
d. Print pages from Our Site;
e. Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
f. Save pages from Our Site for later and/or offline viewing;
g. View and use User Content in accordance with the permissions displayed with that User Content and set out in Clause 7;
iv. 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.
v. 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.
vi. Subject to sub-Clauses 4.3 and 4.8 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 info@loughgrainey.org.
vii. 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.
viii. 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.
4. Acceptable Usage Policy
i. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 5. Specifically:
a. you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
b. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
c. 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
d. 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.
ii. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
a. is sexually explicit;
b. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
c. promotes violence;
d. promotes or assists in any form of unlawful activity;
e. 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;
f. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
g. is calculated or otherwise likely to deceive;
h. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
i. 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);
j. implies any form of affiliation with Us where none exists;
k. 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
l. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
iii. 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.
5. Links to Our Site
i. 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.
ii.
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:
a. is sexually explicit;
b. is obscene, deliberately offensive, hateful or otherwise inflammatory;
c. promotes violence;
d. promotes or assists in any form of unlawful activity;
e. 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;
f. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
g. is calculated or is otherwise likely to deceive;
h. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
i. 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);
j. implies any form of affiliation with Us where none exists;
k. 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
l. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
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.
6. 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.
7. Advertising
1. We may feature advertising on Our Site.
2. 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.
8. Disclaimers and Legal Rights
1. 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.loughgrainey.org
2. 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.
3. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us 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.
4. 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.
9. Our Liability
1. 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 included on Our Site.
2. 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 included on Our Site.
3. 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.
4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 8.3, 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 from it) or any other site referred to on Our Site.
5. 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.
6. 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.
10. Viruses, Malware and Security
1. 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 10.4.
2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
3. 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.
4. 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.
5. 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.
6. By breaching the provisions of sub-Clauses 10.3 to 10.5 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.
11. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://www.loughgrainey.org/privacy-policy/. These policies are incorporated into these Terms and Conditions by this reference.
12. Data Protection
1. 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
13. Communications from Us
1. If you have chose to receive updates from Us by filling in the relevant fields on our website, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to changes to these Terms and Conditions, and updates on Our project.
2. 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.
3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@loughgrainey.org
14. Changes to these Terms and Conditions
1. 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.
2. 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.
15. Contacting Us
To contact Us, please email Us at info@loughgrainey.org or using any of the methods provided on Our contact page.
16. Payments and Donations via PayPal, by Credit Card or Direct Debit
Users making donations by PayPal, debit card or credit card hereby agree and assure Lough Grainey Nature Reserve CLG that:
i. all debit card or credit card information supplied is true, correct and complete
ii. the person making the donation is duly authorized to use the charge card or credit card for that purpose
iii. the donation and the fees will be honoured by the donor’s credit card company.
23. If You discover that a donation has been made on this website using Your debit card or credit card 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 credit card details or password) loughgrainey.org is required to refund to You the money they receive provided that:
(a) You inform Your credit card or charge card company and loughgrainey.org of the unauthorised payment as soon as You discover it; and
(b) You co-operate with Your credit card company and loughgrainey.org and, if necessary, the police in relation to the unauthorised use.
All donations made via the Website are final unless fraudulent use of the card is proven in accordance with previous paragraph.
As online donations are voluntary, if you donate the wrong amount by mistake, Lough Grainey Nature Reserve CLG is happy to honour your decision, as long as you request a refund within 7 days of the date on which you made the contribution so that a refund can be made to your card’s account.
17. Law and Jurisdiction
By visiting Our Site, you agree that the Irish law and the Courts of Ireland shall have jurisdiction to determine any dispute arising in connection with them.
