Fingal County Council Public Perspectives Visioning platform (the "Service")
1. Service Availability
1.1. Fingal may have to interrupt this Service to carry out maintenance, or for reasons beyond our control. We will try and keep such interruptions to a minimum.
1.2. You are further advised that in order for us to provide this Service, we are entirely reliant upon the proper functioning of the systems, which generate the information upon which a submission is made and accepted. All reasonable steps will be taken to ensure such technology is regularly Serviced and maintained as appropriate.
2.1. Should you wish to give us feedback about the Service, you can do so by using the Contact Us facility available on the Fingal website.
3. Data Protection & Privacy
3.1. Your comments will be published on this platform and may be open for discussion. Any information you supply to us will be processed in compliance with the principles set out in the General Data Protection Regulations and laws of Ireland.
3.2. Fingal County Council reserves the right from time to time to monitor, review, retain and/or disclose any information or content generated via an online consultation process as may be necessary to satisfy any applicable law, regulation, legal process, governmental request or law enforcement agency or ensure compliance with these terms and conditions.
4.1. This Service is designed to enhance the level of information being given to the Citizen and to the local communities and is provided as part of Fingal's continuing commitment to provide more online Services to the public.
4.2. Fingal reserves the right to stop the Service at any time, or if required to do so by law.
4.3. To the extent permitted by law, Fingal disclaim all representations or warranties of any kind, whether express or implied. All information, Services and other resources are made available “as is” and “as available” without warranty of any kind.
4.4. Neither Fingal, or any of our information suppliers, offices, employees or agents shall be liable for any loss, damage or expenses arising out of, or in connection with, the use of the information distributed by the Service, including without limitation liability for negligence, incidental or consequential damages and/or loss suffered by any person acting or refraining from action as a result of or in connection with the Service, to include any reliance placed by such person on the Service and any ancillary Service.
4.5. To the maximum extent permitted by applicable law, in no event shall Fingal be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, resulting from any loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability or otherwise arising out of or in any way connected with the use or performance of this Service with the delay or inability to use the Service, including for the avoidance of doubt reliance on information provided, with the delay or inability to use the Service, or with the provision of, or failure to make available any information, Services, products, materials or other resources available on or accessible through the website, even if advised of the possibility of such damages.
4.6. Although rigorous protocols are applied to the website Fingal County Council does not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.
4.7. Without derogating from the generality of the foregoing, Fingal hereby formally disclaim liability of every kind whatever in relation to any loss or damages which may arise as a result of damage caused to any person or property which may be claimed as being in anyway attributable to the Service offered or any defect in its content or operation.
4.8. By agreeing to these terms and conditions, you are also agreeing to be bound by the CiviQ Terms and Conditions (a third party provider of the Public Perspectives Visioning portal) in relation to its provision of the Public Perspectives Visioning portal (See CiviQ Terms & Conditions below)
4.9. You acknowledge and agree that the limitation set forth above are fundamental elements of this agreement and the site would not be provided to you in the absence of such limitations.
4.10. Terms and Conditions may change from time to time. Fingal will inform you of any change and ensure that the Terms and Conditions are published on our website. You should therefore check periodically for changes. If you do not unsubscribe you shall be deemed to accept those changes whether or not you have reviewed them.
4.11. These Terms and Conditions are governed by Irish Law and any disputes will be settled by the Irish Courts.
5. Non-Acceptance of these Terms and Conditions
5.1. If you do not agree to these Terms and Conditions, Fingal are unable to offer you this Service. You should not register your details with us for the purposes of registering for this Service.
CiviQ Terms and Conditions
Information Society Service Provider
You agree and acknowledge that CiviQ.Eu is not under any obligation to monitor the information which it transmits or stores. You agree and acknowledge that the CiviQ (Aphelion Limited) shall not be liable in respect of information which is hosted or cached by us or in respect of which we act as a mere conduit.
Your use of the CiviQ Web Platform
The Platform is made available for your personal, non-commercial use only.It is your responsibility, bearing in mind the global nature of the Internet, to comply with all applicable laws which may apply to your use of the Platform and to the material you post, including but not limited to those regarding acceptable content and online conduct.
CiviQ is committed to providing an open forum for discussion and debate. CiviQ accepts no liability of any nature whatsoever for any Material posted on the Platform by users and is not responsible for and does not endorse the contents of user’s posts or warrant the accuracy, truthfulness, legality or reliability of user’s posts. You are entirely responsible for material which you post.
We expect you to act responsibly in posting Material on the CiviQ Web Platform. You agree, through use of this service, NOT to use the CiviQ Web Platform to:
- post illegal Material;
- treat others with disrespect;
- defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
- identify or speculate as to the identity of any anonymous or pseudonymous user;
- solicit personal information from anyone under 18;
- harm minors in any way;
- solicit passwords or personally identifying information for commercial or unlawful purposes;
- attempt to gain unauthorised access to the the Platform administrative areas or interface, to user accounts, computer systems or networks connected to the the Platform, through password mining or any other means;
- post irrelevant Material, repeatedly post the same or similar Material or otherwise impose an unreasonable or disproportionately large load on the the Platform servers or infrastructure;
- post any unsolicited or unauthorised advertising, promotional content, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of commercial publicity;
- post any abusive, harmful, vulgar, obscene, sexually explicit, indecent, profane, inappropriate, or racially, ethnically or otherwise objectionable Material, except where the content is appropriate to the content of the forum and you have been granted specific permission to do so and subject to our guidelines on said content;
- post Material that contains violence, or offensive subject matter or contains a link to an adult website;
- post Material in respect of any matter that is currently before the courts;
- post Material that could be construed as scandalising the courts;
- post Material that infringes any patent, trade mark, trade secret, copyright, rights of privacy or publicity, or other proprietary right or intellectual property right of any party;
- post Material that contains software viruses or harmful programs including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- modify, adapt, translate, or reverse engineer any portion of the Platform, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform, except as expressly authorised in writing by CiviQ;
- reformat or frame any portion of the web pages that are part of the Platform.
By posting any Material on the Platform you represent and warrant that:
- you own the Material posted by you or otherwise have the right to grant the licence above, and;
- the posting of the Material does not violate the privacy rights, publicity rights, intellectual property rights, confidentiality, contract rights or any other rights of any person. You agree to pay all royalties, fees, or any other monies owing any person by reason of any Material posted by you to or through the CiviQ Web Platform.
the Platform operates on a "notice and takedown" basis. If you believe that any content on the CiviQ Web Platform contains a defamatory statement, please notify us immediately by emailing email@example.com. Once this notification has been received, CiviQ will use all reasonable endeavours to remove the defamatory content complained about within a reasonable period of time.
Feedback, suggestions and submissions about the Platform
From time to time users contact us with feedback, suggestions and submissions about the CiviQ Web Platform and how to improve the site and services we offer.
Links to and content of third party sites
The inclusion of any content from other sites, either quoted directly or linked to ("Third Party Content") on the Platform does not imply any affiliation or endorsement of such Third Party Content by CiviQ.
All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software vest in CiviQ unless otherwise indicated. CiviQ reserves all of its rights. The above does not include Materials which are the property of customers or citizen users.
Rights of CiviQ
Our rights and responsibilities
Liability and accuracy
Aphelion Limited does not give any warranty or make any representation as to the accuracy or completeness of the information contained on the Platform. Material posted on the CiviQ Web Platform not intended to amount to advice on which reliance should be placed. Aphelion Limited therefore disclaims all liability and responsibility arising from any reliance placed on such Material by any user, or by anyone who may be informed of any of its contents.
Although rigorous protocols are applied to the Platform we do not make any warranty that the the Platform is free from infection by viruses or anything else that has contaminating or disruptive properties. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in electricity or other utility supply.
Users of the Platform should satisfy themselves as to the accuracy, completeness and reliability of the information contained on the Platform and, where applicable, as to the identity of other users.
Availability of service
You agree that the Platform may be temporarily unavailable from time to time for maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.
Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to the Platform. However you agree that CiviQ shall not be liable to you or any third party for any inability to access the Platform, termination or suspension of access to the Platform or modification of the service provided by the Platform.
Indemnity and waiver
You agree to indemnify, defend (at the request of Aphelion Limited), and hold harmless CiviQ, our investors, successors, assigns, subsidiaries, affiliates, co-branders, contractors, employees, moderators, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:
1. Your use of the Platform or any part thereof,
3. The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use the Platform,
4. The infringement of any intellectual property rights of any person or entity.
The agreement shall be governed by Irish law and you consent to the exclusive jurisdiction of the Irish courts in all matters regarding this agreement and your use of the Platform.
CiviQ is the trading name of Aphelion Limited an - Irish company Registered No. 518067.
Contacting Aphelion Limited T/A CiviQ.EU
You can contact us at firstname.lastname@example.org