Terms and Conditions

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, Charity Tax Back (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation

   1. 1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1. Information About Us

   1. 1. Our Site, www.charitytaxback.ie, is owned and operated by iDonate Ltd , a limited company registered in Ireland under 533426, whose registered address is Unit 28, N17 Business Park, Galway Road, Tuam, Co. Galway and whose main trading address is Unit 28, N17 Business Park, Galway Road, Tuam, Co. Galway.

2. Access to Our Site

   1. 1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3. Intellectual Property Rights and Our Site

   1. 1. With the exception of User Content (see Clauses 6 and 7), all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
      2. Subject to the licence granted to Us under sub-Clause 6.5, Users retain the ownership of copyright and other intellectual property rights subsisting in User Content submitted by them (unless any part of such User Content is owned by a third party who has given their express permission for their material to be used in the User Content).
      3. For personal use (including research and private study) only, you may:
         1. 1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
            2. Download any Content where we have provided a link enabling you to do so;
            3. Download Our Site (or any part of it) for caching;
            4. Print pages from Our Site;
            5. Download, copy, clip, print, or otherwise save extracts from pages on Our Site;
            6. Save pages from Our Site for later and/or offline viewing;
            7. View and use User Content in accordance with the permissions displayed with that User Content and set out in Clause 7;
      4. You may not use any Content (including User Content) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a license to do so from Us, our licensors, or from the relevant User, as appropriate.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
      5. You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
      6. Subject to sub-Clauses 5.3 and 5.8 and Clause 7 (governing User Content) you may not otherwise reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so.  For further information, please contact Us at support@idonate.ie .
      7. Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
      8. Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

4. Intellectual Property Rights and User Content

   1. 1. User Content included on Our Site and the copyright and other intellectual property rights subsisting in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content.  All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
      2. Subject to the rights to use Our Site set out in sub-Clause 3.3, Users may not otherwise copy, distribute, publicly perform, publicly display, reproduce, or create derivative works based upon, each others’ User Content, without first obtaining the express written permission of the User to whom the User Content in question belongs.
      3. Unless a particular User expressly states otherwise, the identity and ownership status of Users and User Content must always be acknowledged.
      4. Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5. Acceptable Usage Policy

   1. 1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 5.  Specifically:
         1. 1. you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
            2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
            3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
            4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
      2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
         1. 1. is sexually explicit;
            2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
            3. promotes violence;
            4. promotes or assists in any form of unlawful activity;
            5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
            6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
            7. is calculated or otherwise likely to deceive;
            8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
            9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);
            10. implies any form of affiliation with Us where none exists;
            11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
            12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
      3. We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 8 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:
         1. 1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
            2. remove any of your User Content which violates this Acceptable Usage Policy;
            3. issue you with a written warning;
            4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
            5. take further legal action against you as appropriate;
            6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
            7. any other actions which We deem reasonably appropriate (and lawful).
      4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
6. Links to Other Sites
   1. Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7. Advertising
   1. 1. We may feature advertising on Our Site and We reserve the right to display advertising on the same page as any User Content.
      2. You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
      3. We are not responsible for the content of any advertising on Our Site.  Each advertiser is responsible for the content of their own advertising material.  We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
8. Disclaimers and Legal Rights
   1. 1. 1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to any information provided on www.charitytaxback.ie
         2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
         3. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
         4. We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.
         5. We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
9. Our Liability
   1. 1. 1. 1. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is User Content) included on Our Site.
            2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including User Content) included on Our Site.
            3. Our Site is intended for non-commercial use only.  If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
            4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 12.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content (including User Content) from it) or any other site referred to on Our Site.
            5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
            6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Viruses, Malware and Security
    1. 1. 1. 1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.  We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.4.
             2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
             3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
             4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
             5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
             6. By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

11. Privacy and Cookies

    • • • • Use of Our Site is also governed by Our Cookie and Privacy Policies, available from https://www.charitytaxback.ie/privacy-statement/ .  These policies are incorporated into these Terms and Conditions by this reference

12. Data Protection

    1. 1. All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation GDPR and your rights and Our obligations under that Act. For further information on Data Protection, please review Our Sites Privacy Statement https://www.charitytaxback.ie/privacy-statement/

13. Communications from Us

    1. 1. If you have an Account, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
       2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  Email marketing options can also be changed in your account settings.  If you opt out of receiving emails from us at any time, it may take up to 30 business days for your new preferences to take effect.
       3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at support@idonate.ie or via https://www.charitytaxback.ie/ .

14. Changes to these Terms and Conditions

    1. 1. We may alter these Terms and Conditions at any time.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
       2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

15. Contacting Us

    To contact Us, please email Us at support@idonate.ie or using any of the methods provided on Our contact page at https://www.charitytaxback.ie/ .

1. Law and Jurisdiction

   By visiting Our Site, you agree that with the Irish law and the Courts of Ireland shall have jurisdiction to determine any dispute arising in connection with them.