Terms – Benefacts Legacy

Website terms and conditions of use

These terms and conditions govern the use of the website www.benefactslegacy.com. Separate terms and conditions by way of licence govern the use of data files made available on the website. In the event of a conflict between these terms and conditions and the terms of the licence of a data file, the terms of the licence shall prevail.

1. Introduction

1.1 This website is owned by Benefacts Legacy DAC (“the Company”). The Company was established to protect and promote the legacy of Benefacts CLG, a nonprofit entity which created and published an extensive database of information about non-profit entities in Ireland. Benefacts ceased to trade on 15 March 2022, owing to loss of government funding. This website preserves and provides public access to limited, static datasets of information about Irish non-profits as at 31 December 2021

1.2 These terms and conditions govern your use of this website (“our website”) By using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of them, you must not use our website.

2. Copyright notice

We own and control the copyright and other intellectual property rights in our website and in all the materials on our website. We own and control the sui generis and other database rights in the database(s) of information, extracts of which are presented in the form of data files on our website. All such rights are reserved to the Company.

3. Purposes for which you may use our website

3.1 You may use our website for these purposes only:

a) to view pages from our website in a web browser;

b) to download pages from our website for caching in a web browser;

c) to print pages from our website;

d) to stream audio and video files from our website; and

e) to use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2 You may only use our website for your own personal and business purposes and
not for any other purposes.

3.3 Except as expressly permitted by these terms and conditions (or the licence of a
data file) you must not edit or otherwise modify any material on our website.

3.4 You must not (other than as permitted by the licence of a data file):
(a) republish material from our website (including republication on another
website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.

3.5 We reserve the right to suspend or restrict access to our website, to areas of our

website and/or to functionality upon our website. We may, for example,

suspend access to the website during server maintenance or when we update

the website. You must not circumvent or bypass, or attempt to circumvent or

bypass, any access restriction measures on the website.

4. Acceptable use

You must not:

(a) use our website in any way or take any action that causes, or may cause,

damage to the website or impairment of the performance, availability,

accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful,

or in connection with any unlawful, illegal, fraudulent or harmful purpose

or activity;

relating to our website;

(d) use our website to copy, store, host, transmit, send, use, publish or

distribute any material which consists of (or is linked to) any spyware,

computer virus, Trojan horse, worm, keystroke logger, rootkit or other

malicious computer software;

(e) conduct any systematic or automated data collection activities (including

without limitation scraping, data mining, data extraction and data

harvesting) on or in relation to our website without our express written

consent;

(f) access or otherwise interact with our website using any robot, spider or

other automated means;

(g) violate the directives set out in the robots.txt file for our website;

(h) use our website in a way that will infringe any copyright, moral right,

database right, trade mark right, design right, right in passing off or other

intellectual property right;

(i) link our website to any website or web page consisting of or containing

material that would, if posted on our website, breach the provisions of

these terms and conditions;

(i) use data collected from our website for any direct marketing activity

(including without limitation email marketing, SMS marketing,

telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

5. Privacy and data protection

5.1 We do not publish personal data on our website. We do not use cookies.

5.2 You must not use our website in any way that will infringe any person’s right of

confidence, right of privacy or right under any data protection legislation.

6. Use on behalf of an organisation

If you use our website or expressly agree to these terms and conditions in the

course of a business or other organisational project, then by so doing you bind

both yourself and the person, company or other legal entity that operates that

business or organisational project to these terms and conditions, and in these

circumstances references to “you” in these terms and conditions are to both

the individual user and the relevant person, company or legal entity (unless the

context requires otherwise).

7. Limited warranties

7.1 The information presented on our website was acquired in the main from

regulatory sources. While we believe it is accurate, we do not warrant or

represent:

(a) the completeness or accuracy of the information published on our

website;

(b) that the material on the website is up to date: as noted above,

information about non-profit entities is historic data and is not up to date;

7.2 We reserve the right to discontinue or alter any or all of our website services,

and to stop publishing our website, at any time in our sole discretion without

notice or explanation; in that event you will not be entitled to any compensation

or other payment.

7.3 To the maximum extent permitted by applicable law and subject to Section 8.1,

we exclude all representations and warranties relating to the subject matter of
these terms and conditions, our website and the use of our website.

8. Limitations and exclusions of liability

8.1 The limitations and exclusions of liability set out in this Clause 8 and elsewhere
in these terms and conditions govern all liabilities arising under these terms and
conditions or relating to the subject matter of these terms and conditions,
including liabilities arising in contract, tort (including negligence) and for breach
of statutory duty.
8.2 To the extent that our website and the information and services on our website
are provided free of charge, we will not be liable for any loss or damage of any
nature.
8.3 We will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control; for any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial opportunities
or goodwill; for any special, indirect or consequential loss or damage, or for any
loss or corruption of any data, database or software.
8.4 Our aggregate liability to you in respect of any contract to provide services to
you under these terms and conditions shall not exceed €10.00.

9. Indemnity

You hereby indemnify us, and undertake to keep us indemnified, against any and

all losses, damages, costs, liabilities and expenses (including without limitation

legal expenses and any amounts paid by us to a third party in settlement of a claim

or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a) any breach by you of any provision of these terms and conditions; or

(b) your use of our website.

10. Breaches of these terms and conditions

10.1 Without prejudice to our other rights under these terms and conditions, if you

breach these terms and conditions in any way, or if we reasonably suspect that

you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all your internet service providers and request that they

block your access to our website;

(f) commence legal action against you, whether for breach of contract or

otherwise; and/or suspend or delete your account on our website.

10.2 Where we suspend or prohibit or block your access to our website or a part of

our website, you must not take any action to circumvent such suspension or

prohibition or blocking (including without limitation creating and/or using a

different account).

11. Third party websites

11.1 Our website may include hyperlinks to other websites owned and operated by

third parties; such hyperlinks are not recommendations.

11.2 We have no control over third party websites and their contents, and accept no

responsibility for them or for any loss or damage that may arise from your use

of them.

12. Trade marks

12.1 Our logos and our other registered and unregistered trade marks are trade

marks belonging to us; we give no permission for the use of these trade marks,

and such use may constitute an infringement of our rights.

12.2 The third party registered and unregistered trade marks or service marks on our

website are the property of their respective owners and, unless stated

otherwise in these terms and conditions, we do not endorse and are not

affiliated with any of the holders of any such rights and as such we cannot grant

any licence to exercise such rights.

13. Variation

13.1 We may revise these terms and conditions from time to time.

13.2 The revised terms and conditions will apply to the use of our website from the

date of their publication on the website.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal

with our rights and/or obligations under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or

otherwise deal with any of your rights and/or obligations under these terms

and conditions.

15. Severability

15.1 If a provision of these terms and conditions is determined by any court or other

competent authority to be unlawful and/or unenforceable, the other provisions

will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions

would be lawful or enforceable if part of it were deleted, that part will be

deemed to be deleted, and the rest of the provision will continue in effect.

16. Entire agreement

These terms and conditions, together with our privacy and cookies policy, and

any other terms and conditions of use notified to you, accepted by you, or to

which you are bound by the use of any of our services, constitute the entire

agreement between you and us in relation to your use of our website and

supersede all previous agreements between you and us in relation to your use

of our website.

17. Law and jurisdiction

17.1 These terms and conditions shall be governed by and construed in accordance

with Irish law.

17.2 Any disputes relating to these terms and conditions shall be subject to the

exclusive jurisdiction of the courts of Ireland.

18. Contacting us

You can contact us by sending an email to

companysecretary[at]benefactslegacy.com