Kilkenny LEADER Partnership is a company registered in Ireland (Registered in Ireland No. 454899), with address Patrick’s Court, Patrick St, Kilkenny, Co. Kilkenny, Ireland.
2. Information we obtain
We may collect information from you online in a number of ways, including through your use of our website, or your access to our services. We may receive and store information you provide to us such as:
Your name, address, email address and other contact details;
Information, correspondence or feedback you provide about our services;
Information that may be provided by your browser or mobile device including browser information, device information, IP address, pages accessed, time of visit, time of last visit, referring site; and
geographical, environmental, and other information that you may submit to the Service.
3. How we use your information
We may use information you provide us in the following ways:
To provide and improve our Service;
To keep records of our communications for our internal business purposes;
To send you electronic and marketing materials relating to our Services and to invite you to events relating to our Service. You will always have the right to opt-out of such communications by contacting us at any time, or not opting in to our marketing communications.
We may also use aggregate user data for our business, research, product development and marketing purposes, and to improve our Services.
>>> describe each cookie according to:
- Type: session or persistent
- Cookie: Cookie name/source (e.g. Google analytics)
- Purpose: (e.g. This is a performance cookie used to improve our understanding of how people use our website and Services, through web analytics.)
Your browser settings will automatically allow cookies to be accepted. Should you wish to switch off this feature, you can do so by visiting the "options" or "preferences" setting on your browser. You can access these settings directly through the following links:
You can opt out of tracking by Google Analytics by visiting:http://tools.google.com/dlpage/gaoptout
Cookies in Chrome: chrome://chrome/settings/cookies
Cookies in IE: http://windows.microsoft.com/en-us/windows7/how-to-manage-cookies-in-internet-explorer-9
Cookies in Safari: http://support.apple.com/kb/index?page=search&fac=all&q=cookies%20safari
Please note that declining our cookies or asking for notification each time a cookie is being sent, may affect your ease of use of our website and the Services. For more information about cookies, please see: www.allaboutcookies.org and youronlinechoices.eu.
5. Information we share
We will limit sharing of your personal information as far as possible and only share your personal information to third parties if required for the following purposes:
to enable us to provide our Services;
to assist us in improving and enhancing our Service;
in response to subpoenas, court orders, or legitimate requests by authorities as required by law;
to investigate, prevent, or take action (as we believe necessary) in relation to any fraudulent or illegal activities; or
if our company is substantially acquired by a third party, in which case your personal information may form part of that transfer.
6. Data transfers
The Personal Information that we collect from you may be transferred to, and stored at, a destination inside or outside the European Economic Area ("EEA"). Where we transfer Personal Information to countries outside the EEA, we will always take appropriate precautions to maintain the security of such Personal Information. By submitting your personal data, you agree to this transfer, storing or processing.
We take reasonable and technical measures to ensure the security of your personal information.
To the extent that we share your personal information with third parties (such as our hosting provider for instance to host the Service), any such third party we share your personal information with, is also required to take reasonable technical and organizational measures to keep your personal information secure.
We would note that no data transmission over the Internet can ever be guaranteed to be 100% secure. However, we will take always take reasonable steps (including appropriate technical and organizational measures) to protect your personal information.
8. Your rights and choices
Kilkenny LEADER Partnership
Patrick’s Court, Patrick St, Kilkenny, Co. Kilkenny, Ireland.
Terms of Service
Kilkenny LEADER Partnership uses open data to permit users to access and report information about environmental matters, and engage with users regarding such matters. These terms of service ("Agreement") govern your usage of our site and services (together, "Services") provided by Kilkenny LEADER Partnership, a company registered in Ireland (Registered in Ireland No. 454899) with address Patrick’s Court, Patrick St, Kilkenny, Co. Kilkenny, Ireland.
If you do not agree to these terms, please do not use our Services. If you are a user under 18 years of age, you must have your parent or guardian's consent to the Agreement.
2. Account Setup
When you use our Services, you are responsible for ensuring your use and conduct complies at all times with applicable laws and regulations. Please also always remain aware of your surroundings when using the Service. You agree that your usage of our Service is at your own risk.
You shall not, except as may be allowed by any applicable law which is incapable of exclusion, and except to the extent expressly permitted under this Agreement: i) attempt to copy, modify, duplicate, reverse engineer, or create derivative works from all or any portion of the Service; ii) use the Service to provide unauthorised services to third parties; iii) attempt to obtain, or assist third parties in obtaining access to the Service, other than as provided in the Agreement.
3. Your Data
4. User Conduct
Our community thrives on the willing and open sharing of opinions and experience through the use of the Service. We expect all users of the Service to engage with each other and with the Service in a manner that is truthful and that is respectful of the rights and sensitivities of other people present and not present. Certain user content and behaviour is deemed unacceptable, in particular but not limited to:
repeated, inappropriate, offensive, abusive or obscene behaviour including any conduct that, we deem in our discretion, undermines another user's right to dignity;
persistently inaccurate, untrue or dishonest information;
any illegal, unlawful or other conduct which we deem inappropriate in our sole discretion. This includes violation of intellectual property, privacy rights, or proprietary rights of Kilkenny LEADER Partnership or a third party, or trespass onto private property;
any malicious content including malware, viruses or other content aimed at interfering with the Service; and
any unsolicited spamming or other unauthorized commercial activities.
We reserve the right to immediately suspend or terminate any users who breach this Agreement, or if we otherwise in our sole discretion are of the opinion that such usage may be detrimental or damaging to our business for any reason, and to remove any content from our Service. If you have a concern about any third party user of the service or for any reason, please contact us immediately at the email address listed below.
Whether fees are payable by you ("Fees") will depend on whether you have signed up for a public account, expert account or organisation account. If Fees are payable for your account, this will clearly be specified on the website when you sign up for the Service. We reserve the right to change our pricing and to institute new charges at any time, upon notice to you, which may be sent by email or posted on our website.
If Fees are payable and we have not received payment of Fees within 7 days after the due date, and without prejudice to any of our other rights and remedies, we may, without liability to you, suspend or temporarily disable all or part of your access to the Service and we shall be under no obligation to provide any or all of the Service while the invoice(s) concerned remain unpaid; and interest shall accrue on such due amounts at an annual rate equal to three percent (3%) over the then current base lending rate of bankers in Ireland at the date the relevant invoice was issued, commencing on the due date and continuing until fully paid, whether before or after judgement. All Fees payable by you are non-cancellable and non-refundable and are exclusive of value added tax, which shall be added to your invoice(s) at the appropriate rate.
6. Intellectual Property
You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services (including intellectual property in data models and training data created in the provision of the Service). Except as expressly stated herein, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Service (or any modifications thereof).
You agree that we may use feedback that you provide to us in any way, including in future enhancements and modifications to the Service. You grant to us a perpetual, worldwide, irrevocable, royalty free license to use, reproduce, modify, create derivative works of, distribute, and display the feedback for any purpose. You also grant us a royalty-free, non-exclusive, irrevocable, right and license to use any information you submit to us for the purposes of i) providing the Services to you; ii) analyzing and improving the Service; and iii) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for our own business purposes. This information will be in aggregate statistical form only.
The Service, including the ideas and concepts contained therein and the documentation accompanying the Service, constitutes our confidential information. You shall not disclose the details of the Service, or portions thereof, to any third party. This section shall survive termination of this Agreement until and to the extent that such information becomes publicly available. If we have signed a non-disclosure agreement, the terms of such agreement shall also apply to your use of the Service, to the extent that such terms do not conflict with this Agreement.
8. Representations and Warranties
Disclaimer of Warranties. THE SERVICE PROVIDED BY KILKENNY LEADER PARTNERSHIP IS PROVIDED ON AN "AS IS" BASIS AND WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ALL IMPLIED WARRANTIES, INCLUDING THOSE OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED BY EACH PARTY.
Internet Delays. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. KILKENNY LEADER PARTNERSHIP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. KILKENNY LEADER PARTNERSHIP MAKES NO WARRANTY IN RESPECT OF THIRD-PARTY PROVIDED HOSTING SERVICES AND ANY THIRD PARTY PROVIDER SOFTWARE AND SERVICES.
Kilkenny LEADER Partnership and its licensors shall not be responsible or liable for (i) the use, deletion, correction, destruction, damage, loss or failure to store any data, (ii) any unauthorized access to, or alteration of, transmissions or data, or any material, information or data sent or received, regardless of whether the data is actually received by Kilkenny LEADER Partnership, or (iii) any failure by you to abide by this Agreement.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, KILKENNY LEADER PARTNERSHIP DISCLAIMS ALL LIABILITY REGARDING YOUR ACCESS TO THE SERVICE, USE OF THE SERVICE AND YOUR ENGAGEMENT OR INTERACTION WITH THIRD PARTIES THROUGH THE SERVICE.
IN NO EVENT WILL KILKENNY LEADER PARTNERSHIP, OR ITS LICENSORS, HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, COSTS OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER OR NOT XXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; OR FOR ANY MATTER BEYOND XXXX' REASONABLE CONTROL.
IN NO EVENT WILL KILKENNY LEADER PARTNERSHIP’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY THEORY OF LAW EXCEED THE AMOUNT OF THE FEES PAID OR PAYABLE BY YOU FOR THE SERVICES HEREUNDER DURING THE 6-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.
You will indemnify and hold XXXX, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement or applicable laws, rules or regulations in connection with your use of the Services, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
11. Termination of account
We may terminate your account (or this Agreement) at our discretion with or without notice. You may terminate your account by contacting us via email or through our website.
12. Effect of termination
On termination of your account/this Agreement for any reason:
all licenses and access granted under this Agreement shall immediately terminate;
you shall return and make no further use of any Kilkenny LEADER Partnership's property, documentation and other items (and all copies of them);
Kilkenny LEADER Partnership may destroy or otherwise dispose of any of the your data in our possession; and
the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced. The following provisions shall also survive termination: 6 (intellectual property); 7 (confidentiality); 8 (representations & warranties); 9 (Limitation of Liability); and 10 (indemnity).
13. Force Majeure
Neither party shall in any circumstances be in breach of this Agreement or liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service, hosting provider or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Kilkenny LEADER Partnership 's sub-contractors. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for six (6) months, the party not affected may terminate this agreement by giving one calendar month written notice to the other party.
If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
15. Entire Agreement
This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
You will not, without the prior written consent of Kilkenny LEADER Partnership, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement. Kilkenny LEADER Partnership may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
17. No Partnerships or Agency
Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Any notice required to be given under this Agreement shall be given by email to Kilkenny LEADER Partnership. Email shall not be deemed sufficient for notices of breach or an indemnifiable claim, which must be sent by registered or certified mail, return receipt requested, postage prepaid, to Kilkenny LEADER Partnership at its registered address set out herein.
19. Governing Law and Jurisdiction
This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of Ireland. The parties irrevocably agree that the courts of Ireland have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).