This legal notice applies to the entire contents of the Website under the domain name www.heritagecertificate.ie (the “Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by FEXCO (the “Company”) a private unlimited liability company registered in Ireland under company number 83934 and with our registered office at FEXCO Financial Service Centre, Iveragh Road, Killorglin, Co Kerry. The Company operates the Certificate of Irish Heritage Scheme on a concession basis on behalf of the Táiniste and Minister for Foreign Affairs and Trade (the “Minister”) and in particular it administers and manages the website www.heritagecertificate.ie.
1. Introduction
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2. Licence
2.1 Subject to the restrictions contained in these terms, you are granted a limited sub-license by the Company (under license from the Minister) solely for your own personal, non-commercial use to refer to, bookmark or point to any page within this Website and to download the material contained on this Website to a single personal computer and to print a hard copy of the material contained on this Website. Any use of extracts from this Website, other than as permitted by this notice is prohibited. If you do use any extracts other than as permitted, your use of this Website shall be an infringing use, and you should cease use of this Website immediately.
2.2 Unless otherwise stated, the copyright in all content of the Website is subject to Government copyright according to the Copyright and Related Rights Act, 2000. Unless otherwise stated all other intellectual property rights in all material on this Website (including without limitation, all content, text, photographs and graphical images, software, media and other materials on the Website) are owned by the Minister. From time to time materials which are the property of the Company or its licensors (which materials may include without limitation commercial off the shelf software, photographs and graphical images) may be used in this Website. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1 and clause 5.2 (Linking to the Website), no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service access
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. Visitor material and conduct
4.1 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.2 You may not misuse the Website (including, without limitation, by hacking).
4.3 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.1 or clause 4.2.
4.4 Other than personally identifiable information, which is covered under our Website Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material.
5. Links to and from other websites
5.1 Links available on the Website
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. We cannot give any undertaking that products you purchase from third parties to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
5.2 Links to the Website
The Company grants to any charitable and/or non-profit making organisation with an association with the island of Ireland and/or people of Irish heritage (the “Linking Organisation”) a non-exclusive, limited, revocable licence to provide a hypertext reference link to the home page of the Website only for the purpose of linking this Website to the Linking Organisation’s website subject to (i) clause 5.3 below and (ii) the Linking Organisation acknowledging on its website that the Website (including without limitation, all content, text, photographs and graphical images, software, media and other materials on the Website) is proprietary to the Minister and its licensors, its content is protected under copyright and other intellectual property laws, and may not be reproduced, transmitted, displayed, published or distributed without the express prior written consent of the Minister.
5.3 A Linking Organisation may only link to the Website, on the basis that it links to, but does not replicate the home page of the Website, and subject to the following conditions:
(a) It does not remove, distort or otherwise alter the size or appearance of the trade dress, trade marks or logos used on the Website;
(b) It does not create a frame or any other browser or border environment around the Website;
(c) It does not in any way imply that the Company or the Minister is endorsing any products or services other than the Certificate of Irish Heritage;
(d) It does not misrepresent its relationship with the Company or the Minister nor present any other false information about the Company, the Minister, the Website or the Certificate of Irish Heritage;
(e) It does not otherwise use any emblems, trademarks or logos displayed on the Website without express written permission from the Company or the Department of Foreign Affairs and Trade or the Department of Jobs, Enterprise and Innovation (as applicable);
(f) It does not link from a website that is not owned or controlled by it; and
(g) Its website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.4 The Company expressly reserves the right to revoke the license granted in clause 5.2 for breach of the terms of clause 5.2 or 5.3 and to take any action it deems appropriate.
5.5 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2 or 5.3.
6. Registration
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7. Disclaimer
7.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice.
7.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of) which, but for this legal notice, might have effect in relation to the Website.
8. Liability
8.1 The Company and any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude, all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to or from the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in this legal notice shall exclude or limit the Company’s liability for any liability which cannot be excluded or limited under Irish law.
8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with Irish law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Irish courts.