1. Terms and Conditions of Use of the St. James’s Hospital Foundation Website
These Terms and Conditions of Use govern your use of the St. James’s Hospital Foundation website (the “Website”). By accessing or using this Website, you (the “User”) accept these Terms and Conditions of Use in full. If you disagree with any part of these Terms and Conditions, you should immediately discontinue using the Website. This Website is operated from Ireland by the St. James’s Hospital Foundation, registered charity number CHY7269 with registered office at James’s Street, Dublin 8, Ireland (the “Foundation”). The Foundation reserves the right at its sole discretion to modify these Terms and Conditions of Use at any time and without notice. You should therefore review these Terms and Conditions of Use every time you begin using the Website to check for any changes. By using the Website after we post any changes you will be deemed to have agreed to accept those changes.
These Terms and Conditions of Use and all issues relating to the Website are governed by Irish law. For the avoidance of doubt, the courts of the Republic of Ireland have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with these Terms and Conditions of Use, the information contained on this Website, and any use made of that information.
The information contained on this Website is for general information purposes only. While care has been taken in the preparation of the information contained on the Website, the Foundation does not make any representations, guarantees or warranties as to the accuracy of the information contained on this Website. No liability whatsoever is accepted by the Foundation for any action taken in reliance on the information on this Website. Users or any other third parties who rely on any information contained on this Website do so entirely at their own risk.
All materials and content on this Website including, for the avoidance of doubt, text, graphics, logos, icons, images, audio or video and software are protected by applicable copyright and/or other intellectual property laws and are the property of the Foundation and/or its content suppliers. Subject to these Terms and Conditions, the Foundation grants Users a non-exclusive, non-transferable, limited right to access and view the Website and the materials displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to Users as a result of any permitted use of such materials. In respect of content (if any) that is generated or uploaded to the Website by a User, the User hereby consents and/or grants to the Foundation a licence to access, review, use or transfer such content as necessary. You, the User agree to fully indemnify and hold harmless the Foundation for any claims, loss or damage suffered by any third party in respect of User generated content.
This Website is not a medical health or advice resource. You should not rely on any information contained on the Website in relation to a medical health issue or decision without taking advice from an appropriately qualified medical professional or, depending on the nature of the specific issue, another suitably qualified person.
All information and other material contained on this Website is provided for private use only. All or any content, information and software contained on this Website may not be copied, duplicated, transmitted, amended, reproduced, sold, resold or otherwise exploited in any form whatsoever without the express prior written consent of the Foundation. Any modification, distribution, transmission, republication or display in public of any part of this Website is strictly prohibited. We reserve the right to suspend the use of the Website generally or to block User access to any part of the Website and/or to suspend or terminate your rights to use the Website or any part of it if we suspect misuse. In accessing any part of the Website, you agree not to use the Website or cause or permit the Website to be used in any manner which may prejudice or jeopardise the integrity of the Website or the operation of any network. You, the User agree not to collect information about others, including e-mail addresses, without their consent or to distribute, download, upload, or transmit any material which contains viruses, Trojan horses, worms, or other harmful or disruptive components. In addition you will not use the Website for any commercial purposes without the prior written consent of the Foundation. You further agree to defend, hold harmless and indemnify the Foundation for any loss, expenses or damage the Foundation suffers or incurs if you breach any of these obligations or any other Terms and Conditions.
The information on this Website is not intended to be provided to and should not be used in any jurisdiction in which access to or use of such information is prohibited, whether in the format in which it is presented on this Website or otherwise. If you have any doubts about the legality of your using this Website, you should not continue any further.
You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
This Website contains hypertext links to websites not maintained by the Foundation or any shareholder, director, employee, contractor or agent of the Foundation. Such links are provided for convenience only. The Foundation does not endorse or represent the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on such other websites. The Foundation has no control over these sites and is not responsible for their availability or content. No shareholder, director, employee, contractor or agent of the Foundation is or shall be (or be deemed to be) a party to any contract that you may or do enter into with the providers of such goods, services or products. You are reminded that different terms and conditions of use will apply to you as a user of such websites. The Foundation hereby disclaims any and all liability for the content of such websites and any loss or damage of any nature suffered by you as a result of either: (a) accessing or using such websites; or (b) availing of or acquiring any or all of the goods, services or products advertised or available on or via such websites. The use by you of such websites is at your sole risk.
The Foundation does not warrant or guarantee that this Website is free from delays, interruptions or errors, or that defects will be corrected. The Foundation does not warrant or guarantee that the server which makes the Website available is free from viruses, bugs or other material which is malicious or harmful. You, the User acknowledge and accept that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other appropriate security checks) to satisfy your particular requirements.
Please note that there are inherent risks involved with use of the internet and the Foundation cannot guarantee, ensure or warrant the privacy, security or confidentiality of information relating to you that passes over the internet. In accessing this Website and in availing of any of the services/information available on or via this Website, you are deemed by these Terms and Conditions of Use to accept that electronic mail messaging and internet communication may not be free from interference by third parties and may not remain confidential. The use by you of this Website is at your sole risk.
The Website and the content therein are provided on an “as is” and “as available” basis. You expressly understand and agree that, to the fullest extent permitted by law, no shareholder, director, employee, contractor or agent of the Foundation (or any other person or third party involved with the provision and maintenance of this Website) takes any responsibility for the accuracy of the information provided on this Website. Use of such information is at the user’s sole risk. To the fullest extent permitted by law, no shareholder, director, employee, contractor or agent of the Foundation (or any other person or third party involved with the provision and maintenance of this Website) accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct, indirect, special, incidental, punitive or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:
(i) use of this Website, including but not limited to any electronic mail messaging and Internet communication that may arise from, in the course of or pursuant to such use; and/or
(ii) reliance on the information contained in this Website (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in connection with the Website), whether:
(a) downloaded or not;
(b) authorised or not.
Except as expressly set out in these Terms and Conditions of Use, all representations, warranties, terms and conditions whether express or implied in relation to this Website or the information contained herein are hereby excluded to the fullest extent permitted by law.
These Terms and Conditions of Use shall also apply, subject to alteration as necessary, to attempted access of the Website and attempted use of information on it.
In making a donation(s) to the Foundation through the Website, you the User represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction, or in the case of a company or other User that is not an individual, you represent that you have the capacity to enter into a contractual agreement.
You agree to provide true, accurate, current and complete information about yourself or your company or institution and maintain and promptly update the data to keep it true, accurate and complete.
Your donation will be processed immediately by the processing bank, and you acknowledge that in the absence of fraud, you shall not have any right of cancellation of your donation. When placing a donation you agree to waive any statutory rights (to the fullest extent permissible by law) you may have to cancellation of the processing of your donation.
The Foundation is not responsible for the processing of a donation carried out by the relevant bank, and shall not be liable for any loss, damage or claim suffered by a User due to negligence or fraud of the bank or any third party negligence or fraud. You the User agree to defend, hold harmless and indemnify the Foundation for any loss, damage or claim made by a bank or other third party against the Foundation caused by your negligence or fraud while making a donation as a User of the Website.
Please note that the Foundation keeps a record of User’s registration details and details of any donations made by or to a User for the duration of any User’s registration with the Website and for a period of 18 months thereafter in order to meet our auditing requirements. Should the Foundation wish to retain your information beyond the period of time above for communication/marketing purposes, you will be asked to give your explicit consent to same by way of an “opt in” choice. We do not keep your credit card details. The Foundation reserves the right to refuse registration of any User at its absolute discretion.
Online donations and purchases made using our Website are carried out through a service provider Blackbaud Inc. Our security requirements meet industry standards and the data you transfer is encrypted using a SSL Certificate from Norton Symantec.
In the event that any provision in these Terms and Conditions of Use is held to be unenforceable or invalid, such provision shall be severed and the remaining provisions shall be enforceable to the fullest extent permitted by the laws of Republic of Ireland. Clause headings in these Terms and Conditions of Use are for reference purposes only and shall not be used to construe or determine the meaning of any or all of these Terms and Conditions of Use. Delay or failure on the part of the Foundation in enforcing any of its rights shall not constitute a waiver by it of any of its rights or remedies.