Terms & Conditions

PRAMERICA IRELAND SPIRIT OF COMMUNITY AWARDS

USER AGREEMENT

1.         General

 

The terms and conditions in this User Agreement govern your access and use of the website http://spirit.pramerica.ie/(the ‘Website’) including any updates to or new versions of the Website.

The purpose of these terms is to let you know what we expect from users of the Website, and what activities are not permitted on or in connection with the Website.

This Website is operated by Pramerica Systems Ireland Limited, a company incorporated and registered in Ireland with company registration number 319900 with its registered office at 6th Floor, South Bank House, Barrow Street, Dublin 4, Ireland (“Pramerica Ireland”, “we”, “us” or “our”).

If there’s anything you don’t understand in these terms or our Privacy Statement, the Terms and Conditions, your application for the Spirit of Community Awards and/or any other information published or made available through the Website, please contact us using the contact information below. 

2.         Your acceptance of this User Agreement

By accessing or using the Website (whether or not you are a registered user) you are entering into a binding legal agreement with Pramerica Ireland. By accessing and using any of the Website, you are agreeing to this User Agreement, our Privacy Statement, and our Terms and Conditions which are incorporated into this User Agreement by reference. If you do not accept and agree to the User Agreement then you must not access or use the Website.

If you are under the age of 18 years you must have your parent’s or guardian’s consent to enter into this User Agreement and to enter the Spirit of Community Awards.

It is also important that you understand fully what personal information we collect from you when you use this Website, when you submit an application for the Spirit of Community Awards and if you are shortlisted as a finalist Youth Volunteer of the Year in connection with these awards. For full details of the type of information we collect via our Website and in connection with the Spirit of Community Awards, our use of such information and to whom we may disclose this information, you and (if you are a minor) your parents must read and accept our Privacy Statement which forms part of this User Agreement.

3.         Changes to this User Agreement

We reserve the right to make changes to this User Agreement at any time.  We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the User Agreement will be posted on the Website and you should regularly check for the most recent version, as the most recent version is the one that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Website or via email. If you continue to use the Website after the changes become effective, then you will be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us (without penalty) by ceasing to use the Website. Additionally, if we update or upgrade the Website, you may be required to accept the most recent version of the User Agreement to access the updated or upgraded Website.

4.         Access to the Website

Access to the Website is permitted to you on a temporary basis by a non-exclusive, revocable, non-transferable licence subject to the terms of this User Agreement, our Privacy Statement and any other terms and conditions or policy published on the Website.  We reserve all other rights. 

We reserve the right to withdraw or amend access to, and/or the services we provide on, the Website without notice or liability to you. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. By accessing and using the Website, you represent and warrant that your use of the Website does not violate any applicable law or regulation.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them in full.

You acknowledge that we have no obligation to monitor your access to or use of the Website for violations of the User Agreement, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the User Agreement and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency or other governmental body.

 

5.         Registered Users

To use some parts of the Website, you may be required to register an account with us by providing certain information, including your name, address, email address, and a password. You agree to provide true and accurate information and to update it as necessary to keep it accurate. If you provide us with false information, we reserve the right to suspend or terminate your account.

You must treat your username and password you choose on registration as confidential, and you must not share them with anyone else, other than sharing them with your parent or guardian if you are a minor. If you think that someone else might be using your account, you must let us know immediately using the contact information below. You should also immediately change your password. We may terminate your account or block you from accessing the Website if you break these rules and/or the other rules contained in this User Agreement. 

6.         Use of the Website

Except as expressly set out in this User Agreement or as permitted by any local law, you agree:

  1. not to copy the Website except where such copying is incidental to normal use of the Website, or where it is necessary for the purpose of back-up or operational security;
  2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Website;
  3. not to make alterations to, or modifications of, the whole or any part of the Website, or permit the Website or any part of it to be combined with, or become incorporated in, any other programs;
  4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
  5. not to provide or otherwise make available the Website in whole or in part (including object and source code), in any form to any person without the prior written consent from us;
  6. not use the Website (or any part(s) of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this User Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website or any operating system;
  7. not infringe our intellectual property rights or those of any third party in relation to your use of the Website;
  8. not use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  9. not collect or harvest any information or data from any of the Website or our systems or attempt to decipher any transmissions to or from the servers running the Website;
  10. not use the Website for commercial purposes without our prior written consent;
  11. not manipulate any identifiers to disguise the origin of a message;
  12. not disclose any other user’s personal information without their prior express agreement. This means that if you happen to know another user’s identity you must not disclose this to any other user or to any other third party;
  13. not use the Website in any manner which could damage, disable, overburden or impair the Website or any other party’s computer systems or hack or gain unauthorised access to this Website and the PramericaContent or data.

Where permitted by law, we reserve the right to disclose to our legal representatives, any Court and any regulatory and/or law enforcement authority the identity of any user who breaches this User Agreement and/or our Privacy Statement (or any part thereof).   

7.         Spirit of Community Awards

If you submit an application (in whole or in part) for participation in the Spirit of Community Awards you hereby agree as follows:

  1. Participation in the awards is only open to residents of the Republic of Ireland and Northern Ireland who are in post-primary/second level education in the Republic of Ireland or Northern Ireland;
  2. The applicant is under the age of 16 years on 01 January 2016 (Junior category) or under the age of 19 years on 01 January 2016 and is still attending the same school (Senior category). Proof of age may be required;
  3. The applicant has taken part in a volunteer activity at least in part on or after the qualifying period (1 September 2014);
  4. Employees of Pramerica, NAPD, GTCNI or any of their affiliates and any company, business or firm involved in the Spirit of Community Awards programme, their children or step-children or children they act as legal guardian, are not eligible for participation;
  5. Pramerica Ireland’s decision is final on all matters and no correspondence will be entered into;
  6. Applications for the awards open on 07 September and the closing date for receipt of applications is 06 November. Entries received before 07 September or after 06 November will not be accepted;
  7. Applications must be made through the Website. No postal or emailed applications will be accepted; and
  8. Pramerica Ireland accepts no responsibility for incomplete or inaccurate applications, or applications that are lost, delayed or corrupted during delivery to us due to any computer malfunction, virus, bug, delay or other reason whatsoever. Applications shall not be returned or copied to the applicant.

We reserve the right to disqualify any applicant if we have reasonable grounds to believe the applicant has breached this User Agreement or any other terms and conditions published on the Website or otherwise made available to the applicant.

 

8.         Intellectual Property and Use of Our Content

We, and our licensors, retain all right, title and interest in the information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, copyright, trade marks, trade names, logos, programs, and other materials and services found on the Website, including its look and feel (collectively, "Pramerica Content").  You should note that PramericaContent is protected by copyright, trade mark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties.

You may not make alterations, copies, extractions, modifications or additions to the Pramerica Content, or sell, copy, disseminate or licence it, or misuse the PramericaContent in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use any of the PramericaContent, you must contact us in advance and obtain our prior written permission except if otherwise expressly provided in this User Agreement. This is without prejudice to any rights you may have under any applicable mandatory laws.

    

You agree that by submitting an application (in whole or in part) for the Spirit of Community Awards you hereby grant Pramerica Ireland a non-exclusive, sub-licensable, transferable, irrevocable, worldwide, royalty free and fully paid up licence to use your application (including any amendments or additions to same) and all content of your application, including the rights to reproduce. distribute, perform, display and prepare derivative works, for any purpose Pramerica Ireland and/or its transferees and/or sub-licensees may deem necessary or desirable in connection with the operation, reporting and promotion of the Spirit of Community Awards.

 

9.         Communication at your own risk

E-mail and other methods of transmitting information over the internet are subject to interference or scrutiny by third parties and should be independently verified. We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you. Additionally, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Website may be read or intercepted by others.

10.       Indemnity

You agree to indemnify Pramerica Ireland and our officers, agents, partners and employees against all losses, expenses, damages, fines and costs incurred by us arising out of or in connection with:

  1. your use or misuse of the Website (or any other person accessing the Website using your account) or any information accessible over or through the Website, including information obtained from third party websites;
  2. any information you submit to or make available on the Website; and
  3. your violation of this User Agreement (and any of the documents incorporated by reference) or any applicable laws, regulations and rules.

We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and you agree to fully and effectively cooperate with us in any such defences.

11.       Disclaimer and limitations on liability

Use of the Website is entirely at your own risk and you assume full responsibility and risk of loss resulting in whole or in part from your use and/or access to the Website. We shall not be liable to you or to anyone else for any loss or damage caused in whole or in part by relying upon, using, or interpreting the content or other information obtained through the access and/or use of this Website. The Website is provided ‘as-is’ and on an ‘as available’ basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law we disclaim all warranties, conditions or other terms of any kind express or implied. For the avoidance of doubt, we make no undertaking, representation or warranty: (i) in connection with the completeness or accuracy, reliability or timeliness of any of the PramericaContent; and/or (ii) that the Website or the server(s) it is hosted on is free from defects, errors, viruses, bugs or other harmful elements.

To the maximum extent permitted by applicable law we hereby expressly exclude all liability, loss or damage incurred by you, or any other person, arising out of access to, use of or inability to use the Website, or any errors or omissions in the content thereof or any websites linked to it whether caused by tort (including negligence), breach of contract or any other legal theory, for any of the following, even if foreseeable: (i) loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and wasted management or office time; and (ii) direct, indirect, or consequential loss or damage. Nothing in this User Agreement shall affect your statutory rights.

12.       Links to Third Party Websites

The Website may contain links to third party websites, but this does not mean that we endorse or authorise those websites, nor does it mean that we are affiliated with the third party website’s owners or sponsors. Your use of third party websites is subject to the terms and conditions of use and other policies contained within each of those websites. We may terminate a link to a third party website at any time without notice and without liability to you.

13.       Severability

This User Agreement operates to the fullest extent permissible by applicable law. If any provision (or part thereof) of the User Agreement is unlawful, void or unenforceable, that provision (or part thereof) is deemed severable from the User Agreement and does not affect the validity and enforceability of any remaining provisions (or part thereof). 

14.       Other

Nothing in the User Agreement shall be construed to create a partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

If we fail to insist that you perform any of your obligations under the User Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Ireland is the place of performance in respect of this Website. This User Agreement and any dispute or claim arising out of or in connection with it are, or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland, and you agree that the courts of Ireland have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with the User Agreement. However, this does not prevent us from instituting proceedings outside of Ireland.

15.       Contacting Us

If you have any questions, requests or complaints regarding this User Agreement please contact us using the following information:

Web:   http://spirit.pramerica.ie/

email:   This email address is being protected from spambots. You need JavaScript enabled to view it.

Mailing address:   Pramerica Systems Ireland, Letterkenny Office Park, Windyhall, Letterkenny, Co Donegal/ 

 

Version [2] Effective 06 August 2015