PRAMERICA IRELAND SPIRIT OF COMMUNITY AWARDS
The terms and conditions in this
User Agreement govern you and your child’s 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, D04 TR29, Ireland ("Pramerica Ireland", "we", "us" or "our").
If there’s anything you don’t understand in these terms or our Privacy Statement, you or your child’s 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 and/ or using the
Website (whether or not you or your child are a registered user) you are entering into a binding legal
agreement with Pramerica Ireland on behalf of yourself or your child (where they are under 18 years). By
accessing and using any part or feature of the Website, you are agreeing on behalf of yourself or your
child (where relevant), to this User Agreement and understand that you and your child’s (where relevant)
personal data will be treated in accordance with our Privacy Statement, and which are incorporated into
this User Agreement by reference. If you do not accept and agree to the User Agreement then you and your
child (where relevant) 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 the Spirit of Community Awards and they enter into this User Agreement on your behalf.
It is also important that you understand fully what personal data we collect from you and your child (where relevant) when you or they use this Website, when you or they submit an application for the Spirit of Community Awards and if you or your child are shortlisted as a finalist Youth Volunteer of the Year in connection with these awards. For full details of the types of personal data we collect via our Website and in connection with the Spirit of Community Awards, our use of such personal data and to whom we may disclose this personal data, you and (if you are a minor) your parents or legal guardian must read 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 without limitation 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 you or your child’s (where relevant) 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 or your child (where they are under 18) continue to use the Website after the changes become effective, then you will be deemed to have accepted those changes or accepted them on your child’s behalf. If you don’t agree to these changes, you must end you and your child’s relationship with us (without penalty) by ceasing to use the Website and preventing your child from using it. 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 and your child (where relevant) on a temporary basis by a
non-exclusive, revocable, non-transferable licence subject to the terms of this User Agreement 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 or your child (where relevant). We will not be liable to you or any other person or entity if for any reason the Website or any part of it is unavailable at any time or for any period. Electronic services can be subject to interruption or breakdown from time to time. From time to time, we may restrict access to some parts of the Website, or the entire Website. Access to our Website is provided strictly on an “as is” and “as available” basis in accordance with section 11.
There may be times in which users are unable to see or are not provided with the most up-to-date information or content in relation to the Spirit of Community Awards including for example (but without limitation) through delayed coverage, a slow connection or equipment or other system flaws, faults, errors or service interruption. Pramerica Ireland shall not be liable to you, your child or any other person or entity for any failure to relay up-to-date information or content through the Website. By accessing and using the Website, you represent and warrant that you and your child’s use of the Website does not violate any applicable laws or regulations.
You are responsible for making all arrangements necessary for you and your child (where relevant) 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 the terms of this User Agreement, and that they comply with them in full.
You acknowledge that we have no obligation to monitor you or your child's (where relevant) 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) and for commercial reasons, to ensure you or your child’s (where relevant) 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 or your child (where relevant) may be required to register an account
with us by providing certain information, including without limitation [name, address, email address, and a
password]. You represent and warrant to provide true and accurate information about yourself or your child
(where relevant) and to update it as necessary to keep it accurate. If you provide us with false
information or for any other reason we deem appropriate, we reserve the right to suspend or terminate you
or your child’s (where relevant) account. Pramerica Ireland also reserves the right to veto any application
to register an account on the Website on any basis that it, in its sole discretion, deems appropriate.
You are responsible for any activity that occurs in or in connection with your account or that of your child’s (where relevant). So, it’s important to keep such account secure. You must treat you and your child’s (where relevant) username and password chosen on registration as confidential and you must not share them with anyone else. If you think or know that someone else might be using you or your child’s account, you must let us know immediately using the contact information below. You should also immediately change you or your child’s (as relevant) password and follow any other instructions we provide to you. We may terminate you or your child’s account or block you or your child from accessing the Website if you or they break these rules and/or the other rules contained in this User Agreement. To the maximum extent permitted by applicable law, Pramerica Ireland will not be responsible for any loss or damage arising from you or your child’s failure to comply with the terms of this User Agreement.
6. Registered Users
Except as expressly set out in this User Agreement or as permitted by any local law, you agree on behalf of yourself or your child (where relevant):
- 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;
- not to copy, reproduce, distribute, republish, download, display, post or transmit the whole or any part of the Website and/or Spirit of Community Awards (and their content) in any form or by any means, except as otherwise authorised by the terms of this User Agreement;
- not to licence, sell, rent, lease, sub-license, loan, translate, merge, adapt, vary, modify or otherwise commercially exploit the Website;
- 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;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or its content or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
- 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;
- not to 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;
- not to access or view the Website with a view to building a similar or competitive website to the Website or a competitor awards programme to the Spirit of Community Awards;
- not to access, screen-scrape, retrieve or index any portion of the Website or frame or reformat any portion of the webpages or content on the Website;
- not to use any robot, spider, crawler, scraper or other automated means or interface to access the Website, its webpages and/or content without our prior written consent;
- not to infringe our intellectual property rights or those of any third party in relation to you or your child’s use of the Website;
- not to use the Website to upload, post, share or otherwise make available on the Website or to the Spirit of Community Awards any content and/or materials protected by intellectual property rights without the express permission of the owner of such intellectual property rights;
- not to use the Website or any device, software or communication in a way that could damage, disable, overburden, impair or compromise our systems, Website or security or interfere with other users;
- not to collect or harvest any information or data (including without limitation email addresses or other users’ applications) or program material from any of the Website or our systems or attempt to decipher any transmissions to or from the servers running the Website;
- not to use the Website for commercial purposes without our prior written consent;
- not to manipulate any identifiers to disguise the origin of a message;
- not to use or attempt to use another’s account, username, password, login details or other credentials without their permission or solicit credentials from them;
- not to provide Pramerica Ireland with any false data including, without limitation, false names, addresses, contact details and false applications.
- not to disclose any other user’s personal information (including personal data) without their prior express agreement. This means that if you or your child (as relevant) happen to know another user’s identity you and they must not disclose this to any other user or to any other third party;
- not to use the Website to transmit or procure the sending of any unsolicited or unauthorised advertising, promotional material, SMSs, chain letters, mass mailings or any other form of similar solicitation (spam) or of any material that is illegal, offensive, abusive, indecent, defamatory, obscene, menacing or in breach of intellectual property rights, confidence, privacy or any other right, or is injurious to third parties;
- not to use the Website in any manner which could damage, disable, overburden or impair the proper working of the Website or any other party’s computer systems or hack or gain unauthorised access to this Website, Pramerica Content (as defined in Section 8), data, facilities, servers, databases, computer systems and and/or network; and
- not to attack the Website via a denial of service attack and not to misuse the Website by knowingly or recklessly introducing viruses, Trojans, worms, logics bombs, harmful data or other materials which are malicious or harmful. By breaching this term, you or your child (where relevant) may commit a criminal offence and we may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities. In the event of such a breach, you and your child’s (where relevant) right to use the Website will cease immediately and you and they will not be able to participate in the Spirit of Community Awards.
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 or your child submit an application (in whole or in part) for participation in the Spirit of Community Awards you hereby agree on behalf of yourself or your child (as relevant) as follows:
- 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;
- The applicant is under the age of 16 years on 01 January of the current year (Junior category) or under the age of 19 years on 01 January of the current year and is still attending the same school (Senior category). Proof of age may be required;
- The applicant has taken part in a volunteer activity at least in part on or after the qualifying period (within the last 2 years);
- Employees of Pramerica, the National Association of Principals and Deputy Principals (NAPD), General Teaching Council for Northern Ireland (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 for, are not eligible for participation in the Spirit of Community Awards;
- Pramerica Ireland’s decision is final on all matters and no correspondence will be entered into;
- Applications for the awards open early September of the current year and the closing date for receipt of applications is early November of the current year. Entries received outside of this window will not be accepted;
- Applications must be made through the Website. No postal or emailed applications will be accepted; and
- 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.
- Applicants must have obtained all necessary rights and consents under all applicable laws to submit their Application to the Spirit of Community Awards and that it has all necessary rights, consents and licenses to grant the rights set out in this User Agreement and that the exercise of those rights will not infringe the rights of any third party, including but not limited to intellectual property rights and privacy rights.
Pramerica Ireland reserves the right, at any time, to verify the eligibility of an applicant to participate in the Spirit of Community Awards. 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 or where they do not meet our eligibility criteria described in this section or where their conduct is contrary to the spirit or intention of the Spirit of Community Awards or where they are suspected of or found to be tampering with the entry process, the shortlisting of finalists or the decision as to who wins Youth Volunteer of the Year.
8. Intellectual Property and Use of Our Content
We, and our licensors, retain all rights, title and interest in and to the information, communications,
software, scripting, photographs, text, video, graphics, music, sounds, images, copyright and related
rights, trade marks, trade names, logos, designs, programs, patents, rights to inventions, domain names,
database rights, goodwill and other materials and services found on or in connection with the Website,
including its look and feel, in each case whether registered or unregistered and including all applications
and rights to apply for and be granted, renewals or extensions of, and the right to claim priority from,
such rights and all similar or equivalent rights or forms of protection which subsist now or in the future
in any part of the world (collectively, "Pramerica Content"). You should note that Pramerica Content 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 and your child (where relevant)
may use the Pramerica Content strictly in accordance with the terms granted to you in the User Agreement.
You agree on behalf of yourself or your child (as relevant) that all applications and accompanying material submitted to the Spirit of Community Awards by you or your child will become the absolute property of Pramerica Ireland (or its nominee) upon receipt by it and that any and all intellectual property rights therein are hereby assigned (by way of present and future assignment) to Pramerica Ireland (or its nominee). The applicant hereby irrevocably waives all its present and future moral rights which arise under the Copyright and Related Rights Act 2000 as amended and all similar rights in other jurisdictions related to any intellectual property rights in and to its application and accompanying materials and otherwise arising in connection with its entry to the Spirit of Community Awards. To the extent that such intellectual property rights do not vest in Pramerica Ireland (or its nominee) automatically, the applicant holds such on trust for Pramerica Ireland (or its nominee) and shall transfer and assign them to Pramerica Ireland (or its nominee) upon request. The applicant shall, upon request, give all necessary or desirable assistance to vest the intellectual property rights in Pramerica Ireland (or its nominee), which may include without limitation the execution or procuring the execution of all such other documents as Pramerica Ireland (or its nominee) may from time to time require in order to give it the full benefit of this section. The applicant shall not receive payment or other compensation in connection with its obligations under this section.
“Intellectual property rights” for the purposes of this User Agreement means any and all patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist now or in the future in any part of the world.
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 and your child (where relevant). Additionally, by using the Website, you acknowledge and agree yourself or on your child’s behalf that internet transmissions are never completely private or secure. You understand that any message or information you or your child send using the Website may be read or intercepted by others and that Pramerica Ireland shall have no liability to you, your child or others in this regard.
You agree on behalf of yourself or your child, as relevant, to indemnify Pramerica Ireland and our officers, agents, partners and employees against any and all losses, expenses, damages, fines and costs (including reasonable legal fees) incurred by us arising out of or in connection with:
- You or your child’s use or misuse of the Website (or any other person accessing the Website using you or your child’s account) or any information accessible over or through the Website, including information obtained from third party websites;
- any information you or your child submit to or make available on the Website, including but not limited to the application and accompanying material to the Spirit of Community Awards; and
- you or your child’s violation of this User Agreement (and any of the documents incorporated by reference) or any applicable laws, regulations and rules;
- any claim or demand made by any third party, that is due to or arising out of you or your child’s conduct in connection with the Spirit of Community Awards
We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and you agree on behalf of yourself or child (as relevant) to fully and effectively cooperate with us in any such defences.
11. Disclaimer and limitations on liability
Use of the Website is entirely at
you and your child’s own risk and you assume full responsibility and risk of loss resulting in whole or in
part from you or your child’s use and/or access to the Website. We shall not be liable to you or your child
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 Pramerica
Content or any other information or content on the Website; 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 your child, 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; (ii) loss of business; loss of profits or contracts; (iii) loss of anticipated savings; (iv) loss of data; (v) loss of goodwill; (vi) wasted management or office time; and (vii) direct, indirect, or consequential loss or damage.
To the maximum extent permitted by law, Pramerica Ireland and our officers, agents, partners and employees shall not in any circumstances be responsible or liable to applicants or other persons, or accept any liability for any and all losses, expenses, damages, fines and costs (including reasonable legal fees) whether caused by tort (including negligence), breach of contract or any other legal theory, for any of the following, even if foreseeable for (i) any incorrect or inaccurate information; (ii) any technical error that may occur in the course of the administration of the Spirit of Community Awards, (iii) any injury, damages, expenses, cost, liability or loss whatsoever (whether direct, indirect or consequential) to applicants or other persons of their respective property as a result of any person entering into the Spirit of Community Awards or accepting or using any prize, including without limitation non-receipt or damage to any prize and (iv) disappointment incurred or suffered by an applicant or their relations or friends as a result of entering the Spirit of Community Awards.
Nothing in this User Agreement shall affect you or your child’s (where relevant) 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. You and your child’s 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, your child or any other person.
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). .
Nothing in the User Agreement
shall be construed to create a partnership or agency relationship between you and us or your child (where
relevant) 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 or your child (where relevant) perform any of your or their obligations under the User Agreement, or if we do not enforce our rights against you or them, or if we delay in doing so, that will not mean that we have waived our rights against you or them and will not mean that you or they do not have to comply with those obligations. If we do waive a default by you or your child (where relevant), we will only do so in writing, and that will not mean that we will automatically waive any later default by you or them.
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 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.
If you have any questions, requests or complaints regarding this User Agreement please contact us using the following information:
Pramerica Systems Ireland Limited, Pramerica Drive, Letterkenny Business & Technology Park, Letterkenny, Co. Donegal, F92 W8CY, Ireland