RIP.IE WEBSITE TERMS AND CONDITIONS OF USE
Welcome to RIP.ie. This page (together with the documents referred to on it) tells any person who accesses this site (“you”) the terms and conditions on which you may make use of:
a) our website www.rip.ie which shall incorporate, without limitation, any members’ area, funeral directors area, Board or any paid service (each as defined below) (our “site”); and/or
b) the members’ area of our site (“members’ area”) (see Section 6 in particular below); and/or
c) any paid for service provided on or through our site or in the members’ area (“paid service”) (see Section 7 in particular below); and/or
d) any funeral directors’ area of our site (“funeral directors’ area”) (see Section 8 in particular below);
(together the “Terms”).
1. INFORMATION ABOUT US
1.1. Our site is operated by Gradam Communications Limited trading as RIP.ie ("We" or “RIP.ie”). We are registered in Ireland as a private limited company under company number 410080 whose registered office is at Killin View, Court Road, Newtownbalregan, Co. Louth.
2. ACCESSING OUR SITE
2.1. Access to our site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of our site, or our entire site.
2.2. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3. PROHIBITED USES
3.1. You may use our site only for lawful purposes. You may not use our site:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3.2. You also agree:
· Not to use, or instruct a third party to use on your behalf, automated programs, systems or any other method of "screen scraping" or "web scraping" to extract data from this website.
· Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this policy.
· Not to access without authority, interfere with, damage or disrupt:
o any part of our site;
o any equipment or network on which our site is stored;
o any software used in the provision of our site; or
o any equipment or network or software owned or used by any third party.
4. POSTING TO OUR SITE
4.1. Where you are able to post information or any content to any section of our site, including, but not limited to, condolence books and family notices, and including any reply, we reserve the right to remove, or to disable access to, any post which we deem to be potentially defamatory of any person, or which we deem unlawful or in violation of any third party rights or which otherwise is damaging to the reputation of RIP.ie.
4.2. We expressly exclude our liability for any loss or damage arising from any information posted to our site by any person in contravention of these Terms.
4.3. We moderate all content and replies posted to our site. First level moderation is via a programmatic decision tree, with preprogrammed static rules. Content deemed inappropriate is rejected or passed for further review by our staff.
4.4. Where you are under 18 years of age, please obtain the permission of your parent or guardian before making any post or using any board.
4.5. A post must be accurate (where it states facts), genuinely held (where it states opinions), comply with the law applicable in Ireland and in any country from which it is posted and also be relevant.
4.6. Where you do not comply with the terms and conditions of this Section 4, or any of our Terms, we may immediately, temporarily or permanently withdraw your right to use the board and any other sites associated with it or owned by RIP.ie; immediately, temporarily or permanently remove any post already posted on the board; issue a warning to you or initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
5.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from RIP.ie or our licensors.
5.6. If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. MEMBERS’ AREA
6.1. In order to receive some of the services (including, but not limited to the paid services) from RIP.ie, you must register to become a member of our site.
6.2. All of the terms and conditions contained in these Terms are applicable to a user of the members’ area (“member”) and in addition, an individual may only become a member where he or she is over 18 years of age.
6.3. You will be required to enter a password to gain access to the members’ area. It is your responsibility to maintain the security of your password and you must not disclose it to any third party or allow any third party to access our site using your password. If you use your RIP.ie member password on other websites or accounts, please note that this is entirely at your own risk. Where your password has been stolen or any individual has gained unauthorised access to your account with RIP.ie, you must advise RIP.ie immediately. For security purposes members will be prompted to choose a new member password every six months.
6.4. Registration is performed by entering the required data in a designated online form available on our site. Registration is completed by clicking on the "Register Now" button. Upon completion of the registration process, you will have created an account with RIP.ie.
6.5. We are entitled to decline a registration at our sole discretion without stating any reasons. We may terminate or restrict access to any account at any time at our discretion.
7. PAID SERVICES
7.1. We may offer paid services from time to time. We reserve the right to discontinue or modify these paid services at any time without notice to you. In order to receive paid services from RIP.ie you must register with our members’ area as set out in Section 6 above or where appropriate, the funeral directors’ area in Section 8 below.
7.2. After placing an order for a paid service, you will receive an email from RIP.ie, or our payments partners, acknowledging that We have received your order for a paid service. However, please note that this does not mean that your order has been accepted. By sending an order you make an offer to RIP.ie to form a binding contract. All orders are subject to acceptance by RIP.ie. The contract will be formed on the sending by email to you of a confirmation of the order from RIP.ie (“Order Confirmation”).
7.3. We reserve the right to decline orders and to terminate an already concluded contract without notice for any reason.
7.4. The price of any paid service will be as quoted on our site from time to time (“Price”). These Prices include VAT at the applicable current rate chargeable in Ireland for the time being. We take reasonable care to ensure that the Prices are correct at the time when the relevant information was entered onto the system. However if there is an error in our Prices We will contact you directly.
7.5. Prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent you an Order Confirmation.
7.6. Payment for all services must be by credit card or Paypal. We accept payment by MasterCard and Visa. Where the Price is a recurring charge, by signing up to a service you authorise RIP.ie to deduct this price on the recurring payment date as set out in our Order Confirmation.
7.7. If you would like to cancel a service at any time you must provide 30-days notice to RIP.ie to the email address firstname.lastname@example.org. Any payments of the Price made up to the date of cancellation will not be refunded. If the payment date for the Price falls within the cancellation period. We will charge you for this payment.
7.8. You shall make all payments due under any contract with RIP.ie in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by RIP.ie to you.
7.9. If you are contracting with RIP.ie as a consumer, where applicable you have a right to cancel a contract within 14 Working Days under Directive 2011/83/EC on Consumer Rights, other than where the service We provide to you is performed immediately or has been specifically tailored to you.
7.10. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by a force majeure event (“Force Majeure Event”) which includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
· strikes, lock-outs or other industrial action;
· civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
· fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
· impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
· impossibility of the use of public or private telecommunications networks; or
· the acts, decrees, legislation, regulations or restrictions of any government;
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance of the contract for the duration of that period.
7.11. Where you purchase advertising space on RIP.ie, your advert(s) display on the site only for the period of time that you advertise with us.
7.12. Where you purchase any services from RIP.ie, these Terms and any document expressly referred to in them represent the entire agreement between RIP.ie and you in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between RIP.ie, whether oral or in writing. Both you and RIP.ie each acknowledge that, in entering into a contract, neither has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and RIP.ie prior to such contract except as expressly stated in these terms and conditions.
8. FUNERAL DIRECTORS’ AREA
8.1. If you are a funeral director and wish to become a member of our funeral directors’ area please contact RIP.ie by email or phone and We will register you as a member on our funeral directors’ area (“funeral director member”). So that We may verify that you are a funeral director we may request certain details from you which you must provide before you can become a funeral director member.
8.2. All of the terms and conditions contained in these Terms are applicable to funeral director members so please read them carefully. Where you access any paid service through the funeral directors’ area please see Section 7 above in particular.
8.3. You will be required to provide a password to gain access to the funeral directors’ area. It is your responsibility to maintain the security of this password and you must not disclose it to any third party or allow any third party to access the funeral directors’ area using your password. Where your password has been stolen or any individual has gained unauthorised access to the funeral directors’ area, you must advise RIP.ie immediately.
8.4. We are entitled to decline a registration at our sole discretion without stating any reasons. We may terminate or restrict access to any account at any time at our discretion.
8.5. Where a funeral director posts death notices on the RIP.ie site, the funeral director acts as the Data Controller and RIP.ie act as the Data Processor as per Article 4 of the GDPR. As such, RIP.ie cannot process any Right to be Forgotten requests on behalf of any Data Subjects. Where a Data Subject does contact RIP.ie directly to request removal or amendment to a death notice, the request will be refused and the Data Subject will be directed to the funeral director who must comply with the Data Subject’s request where valid.
9. OUR SITE CHANGES REGULARLY
9.1. We aim to update our site regularly, and may change the content at any time. If the need arises, We may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and We are under no obligation to update such material.
10. OUR LIABILITY
10.1. The material displayed or provided through our site (including, without limitation, any email alerts) is provided without any guarantees, conditions or warranties as to its accuracy. We are under no obligation to update our site. To the extent permitted by law, We, other members of our group of companies and third parties connected to RIP.ie hereby expressly exclude:
· All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
· Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of data;
· loss of goodwill;
· wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
10.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11.1. You agree and undertake to indemnify and keep RIP.ie indemnified against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by RIP.ie arising out of or in connection with any breach of these Terms by you or otherwise relating to any claim made against RIP.ie arising out of or in connection with any Post by you on our site.
12. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
13. VIRUSES, HACKING AND OTHER OFFENCES
13.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
13.2. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
13.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
14. LINKING TO OUR SITE
14.1. You may link to any public page of our site (which for the avoidance of doubt excludes any pages or information that are within the members’ area, funeral directors’ area or paid services) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.2. You must not establish a link from any website that is not owned by you or to which you do not have a right of access.
14.3. Our site must not be framed on any other site for commercial purposes. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in this policy.
14.4. If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
15. LINKS FROM OUR SITE
15.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16. JURISDICTION AND APPLICABLE LAW
16.1. The courts of the Republic of Ireland will have exclusive jurisdiction over any claim arising from, or related to, use of or a visit to our site although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
16.2. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.
18. YOUR CONCERNS
18.1. If you have any concerns about material which appears on our site please contact firstname.lastname@example.org.
Thank you for visiting our site.