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Website Terms Of Use
COELIAC SOCIETY OF IRELAND – WEBSITE TERMS OF USE
Last update: 14.04.2021
1 STRUCTURE
1.1 These terms and conditions of use (“Terms of Use”) govern your access and use of the website www.coeliac.ie, including all information, content and features available through the website and our apps (together, the “Website”).
1.2 The Website is operated by the Coeliac Society of Ireland, with company number 367017 and address at Dolcan House, 78 – 80 Tower Road, Clondalkin, Dublin 22, D22 N6F6 (“we”, “our” or “us”).
1.3 In these Terms of Use, when we say “Member”, we mean a Coeliac Society member who we allow to access the Members Area of the Website; and when we say “you” or “your”, we mean any person who visits, accesses or uses the Website, including a Member.
1.4 By accessing or using the Website, you confirm that you have read, understood and accept these Terms of Use, and are agreeing to comply with these Terms of Use. If you do not agree with these Terms of Use you must not access or use the Website.
1.5 You can contact us by emailing us at info@coeliac.ie or telephoning us at 01 872 1471.
1.6 In these Terms of Use:
1.6.1 Part A deals with general use and access of the Website, our liability, intellectual property rights and acceptable use.
1.6.2 Part B deals with the rules that apply when accessing our Members Area. Please pay particular attention to section 11 (Member-only content).
1.6.3 Part C deals with some final important terms that apply to your use of the Website.
PART A – GENERAL USE OF THE WEBSITE
2 ACCESSING THE WEBSITE
2.1 You agree to access and use this Website only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the Website by us or any other person. If you access the Website from a country other than Ireland you are responsible for compliance with the applicable laws in that jurisdiction.
2.2 You are responsible for making all arrangements necessary for you to have access to or use of the Website.
2.3 We may update and change the Website from time to time but we have no obligation to update any information on the Website. Any new features we add to the current Website are also subject to the Terms of Use.
2.4 By using the Website, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any content, information, text, media, graphics you submit or send to or through the Website. This includes transmissions that are identified as secure or encrypted.
3 APPLICABLE TERMS
3.1 As well as these Terms of Use, please also see our separate Privacy Notice, which can be found here.
3.2 From time to time we may display additional terms and conditions that apply to specific elements or features of the Website. These additional terms and conditions are incorporated into these Terms of Use.
3.3 You should familiarise yourself with these Terms of Use and all of our other notice and policies as they form the basis of our legal relationship with you and they affect your rights and liabilities under law.
4 INTELLECTUAL PROPERTY (COPYRIGHT AND TRADEMARKS)
4.1 We are the owner or licensee of all intellectual property rights in the content contained on the Website, including but not limited to text, graphics, illustrations, images, diagrams, documents, video, audio, trademarks, logos, computer code, user interfaces, visual interfaces, and its design, structure, arrangement, selection, coordination and expression (“Our Content”). All of these rights are protected by copyright and related intellectual property laws and treaties around the world.
4.2 Commercial use, republishing, reproduction or public dissemination of any of Our Content is strictly prohibited without our prior written permission. You may not store, link, frame, scrape or deep-link Our Content on any other website or service or in any other medium or format unless we agree in writing in advance.
4.3 You may use and copy public documents from our Website for your own personal non-commercial use only and on the strict condition that you display all copyright and source indications, do not make any modifications to it, and copy it in its entirety. You must always acknowledge our status (and that of any identified contributors) as the owner. In addition, some documents and images are published on our Website with the permission of the relevant copyright owners. All rights are reserved on these documents and you must request permission to copy them directly from the copyright owners and not from us. If you are a Member, your right to use and copy Member-only content is set out in section 11 (Member-only content) of these Terms of Use.
4.4 We are entitled to investigate any suspected or actual improper, illegal or unauthorised use of Our Content or the Website (or any part of it) and we are entitled to take any legal action we deem appropriate.
5 USER-GENERATED CONTENT
5.1 Any communication or material that you transmit to, or post on, any public area of the Website including any data, questions, comments, suggestions, or similar, is, and will be treated as, non-confidential and non-proprietary information.
5.2 You are solely responsible for your conduct and information that you post or display on our Website. You agree not to post information that violates these Terms of Use, any of our policies, or applicable law.
5.3 We do not review the contents of user-generated content on the Website and we do not confirm the accuracy, completeness or validity of information submitted by Members.
5.4 We have the right to remove or block any content that comes to our attention through a complaint. Please find our complaints policy attached here.
5.5 The Website may include information and materials uploaded by other users of the Website, including through forums. We have not verified or approved this information or these materials. You acknowledge that any views expressed by users of the Website do not necessarily represent our views or values.
6 RELIANCE ON INFORMATION
6.1 This Website is intended for informational and educational purposes only. The Website has not been developed to meet your individual requirements. The information supplied is not meant to be a substitute for the advice of a doctor, dietitian or other health professional. Always consult a doctor, dietitian or other health professional if you have medical concerns and before acting or omitting to act based on information obtained from the Website. If you believe you may be affected by coeliac disease, you should consult your GP. While we aim to ensure that the information on the Website is accurate, we, our affiliates, directors and staff do not assume legal or other liability for losses, damages or injuries resulting from reliance or use of the information on the Website.
6.2 Policies and ‘gluten-free’ status vary from country to country. Due to differing ingredients and regulations what is considered gluten-free in one country may not be the case in another country. If you have any queries on the gluten-free status of a product you should consult our current food list for Ireland or contact us by email at: foodlist@coeliac.ie. Every precaution is taken to ensure that our food list is correct as far as companies and products in Ireland are concerned but we cannot guarantee that products listed in the food list will be suitable if purchased overseas. We also cannot prevent changes being made to foods in manufacture without notice to us.
7 OUR LIABILITY
7.1 Use of the Website is entirely at the user’s sole risk. The Website is provided “as is” without any representations, undertakings, or endorsements and without warranty of any kind (whether express or implied or statutory or otherwise) with respect to merchantability, fitness for a particular purpose, non-infringement, availability, compatibility, security, accuracy or any other matter. We do not guarantee that the Website will always be available, accurate, complete, current, uninterrupted or error-free, that errors or defects will be corrected, or that the Website or the server that makes it available are free of viruses, bugs or other harmful elements.
7.2 To the fullest extent applicable law permits, we and our affiliates, directors and staff are not liable for:
(a) any indirect or consequential losses or damages; or
(b) any other claims, losses, liabilities, fines, damages, costs and expenses, however arising, even if foreseeable,
whether in contract, tort (including negligence) or any other legal theory, arising out of or connection with the Website, these Terms of Use, or from your use of, or inability to use, the Website (or any part of it), or the information displayed on it (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays). Your sole and exclusive remedy for dissatisfaction with the Website is to stop using it.
7.3 For any liability which cannot lawfully be excluded but can be limited, the total aggregate liability of us, our affiliates, directors and staff to you for all claims, losses, liabilities, fines, damages, costs and expenses, whether in contract, tort (including negligence) or any other legal theory, arising under or in connection with the Website or these Terms of Use will not exceed € [10].
7.4 Despite the paragraphs above, nothing in these Terms of Use limits our liability for fraud or fraudulent misrepresentation or for any other liability that cannot be limited or excluded under applicable law.
8 ACCEPTABLE USE
8.1 You must not (and you must not allow anyone to) access or use this Website or any of Our Content for the following purposes:
• in any way that violates any law or infringes the rights (including the privacy or intellectual property rights) of us or anyone else;
• contrary to any applicable law;
• for any unlawful, fraudulent or malicious purpose or effect;
• to promote illegal activity or violence;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to transmit false or misleading information;
• interfering or disrupting any networks or websites connected with the Website or interfering or disrupting any other person’s use of the Website;
• attempting to gain unauthorised access to the Website, any part or feature of the Website, or any servers, equipment, software, systems or networks associated with the Website;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or any other services, websites or the internet;
• to collect or track the personal information of others or to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation (‘spam’); or
• for hacking into or inserting malicious code, such as viruses, or harmful data, into the Website, or any other network or system.
8.2 You agree not to (and not to attempt to):
• circumvent any security features of the Website or attempt to gain unauthorised access to any part of the Website;
• obtain any materials or content through any means not intentionally made available to you;
• sell or resell any portion of the Website or access to the Website;
• reproduce, reverse-engineer, disassemble, de-compile, duplicate, copy or create derivative works from the whole or any part of the Website in violation of these Terms of Use;
• translate, merge, adapt, vary, alter or modify, the whole or any part of the Website, or allow the Website or any part of it to be combined with, or become incorporated in, any other programs.
9 THIRD PARTY WEBSITES
The Website may include content, links or material from third parties. We can’t guarantee that all external websites that we link to contain information that is accurate, up-to-date or correct. Accordingly, we take no responsibility for the statements, information, products and services from external websites. We do not monitor or have any control or input over them and we are not responsible or liable for their availability or accuracy, your use or for any loss, damages or injuries resulting from them. You must direct any complaints, claims, concerns or questions regarding external websites and their content to the relevant website owner.
PART B – MEMBERS AREA
10 MEMBERS ACCOUNT
10.1 You must become a Coeliac Society of Ireland member and sign up for a Members account to access certain elements and content on the Website, like our Members Area. When accessing the Members Area, you must comply with these Terms of Use in their entirety.
10.2 You must treat your user ID and password as secure and confidential. You are responsible for keeping this information safe and must not share or disclose it to any third party.
10.3 If, at any time, we believe that you have failed to comply with any part of these Terms of Use, or in response to any other security incident, we are entitled to disable any user ID or password. Taking this action does not limit any other rights we may have.
10.4 You are solely responsible for all activity on your account or anything that happens using your user ID or password. If you know or suspect any unauthorised use of your account, user ID, password, or of any other security breach you must immediately notify us
11 MEMBER-ONLY CONTENT
11.1 If you are a Coeliac Society of Ireland member we will provide you with access to the Members Area of the Website, which contains information, recipes and other content available only to Members and only for their private and non-commercial use.
11.2 Each Member agrees:
(a) to only link or share Member-only content (including by using our social media tools):
(i) with other Members and no other person; and
(ii) in a manner which is fair and reasonable and that does not harm the reputation of us or anyone other person;
(b) not to use the Member-only content for any commercial or business purpose; and
(c) not to link or share Member-only content on any social media site, public website or app.
11.3 We may withdraw our permission to any linking or sharing Member-only content at any time without having to give prior notice.
11.4 A violation of sections 4 (Intellectual property), 8 (Acceptable use) or 11 (Member-only content) of these Terms of Use is a serious breach of these Terms of Use.
12 TERMINATION OF ACCESS
12.1 We may, at any time, limit, suspend or terminate the availability of all or any part of our Members Area. For example, we may need to do this for operational or business reasons or to update content. We will try to give you prior reasonable notice. We are not liable to you or to any third party for any such modification, suspension or termination.
12.2 If you breach these Terms of Use, we have the right to suspend or terminate your access to the Members Area.
PART C – SOME FINAL TERMS
AMENDMENTS
12.3 We have the reserve the right to modify these Terms of Use at any time. If we make a change to the Terms of Use, we will post a notice regarding the changes on the Website. Your continued use of the Website after changes are posted constitutes your acceptance of these Terms of Use as modified. If you do not agree to the amended Terms of Use, you must not access the Website.
13 FEEDBACK
If, at our request, you submit specific materials to us (for example competition entries) or without a request from us you send creative ideas, feedback, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback. We are under no obligation to: (a) maintain any Feedback in confidence; (b) pay any compensation for that Feedback; or (c) respond to any Feedback.
14 INTERPRETATION
Each of the paragraphs of these Terms of Use operates separately. If a court of competent jurisdiction determines any provision of these Terms of Use to be invalid, illegal or unenforceable, it will be deemed deleted, but that does not affect the validity and enforceability of the rest of the Terms of Use.
15 ENTIRE AGREEMENT
These Terms (including any additional terms or policies that we may provide when you engage with a feature of the Website), are the only agreement between you and us regarding use and access of the Website and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding the Website.
16 ASSIGNMENT AND TRANSFER
You are not allowed to assign novate or transfer any of your rights or obligations under these Terms of Use to anyone unless we agree in writing in advance. We may assign novate or transfer any or all of our rights and obligations under these Terms of Use to another organisation without your consent. We will tell you in writing if this happens.
17 THIRD PARTIES
These Terms of Use are personal to you and there are no third party beneficiaries to these Terms of Use.
18 WAIVER
If we do not act to enforce these Terms of Use, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your violation of these Terms of Use, that will not mean that you do not have to do those things and we may take any relevant steps against you at a later date.
19 SEVERANCE
If you breach any provision of these Terms of Use and we do not take any action, this does not affect our ability to rely on these Terms of Use at a later date.
20 FORCE MAJEURE
We are not responsible or liable for any failures or delays that arise from any cause outside our control.
21 GOVERNING LAW
21.1 The existence, formation, interpretation, operation and termination of these Terms of Use and any matters or disputes arising out of or in connection with them (whether contractual or non-contractual) shall be governed by and construed in accordance with the laws of Ireland and you and we submit to the exclusive jurisdiction of the courts of Ireland on any matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with the Website or the Terms of Use.
21.2 If you are a consumer resident in the European Union, you may benefit from any mandatory provisions of the law of the member state in which you are resident. Nothing in these Terms of Use, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.
21.3 If you wish to complain or raise a dispute about our Website, you may also be able to use the European Commission’s Online Dispute Resolution platform, which can be found at www.ec.europa.eu/consumers/odr.
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