Terms & Conditions

Updated: 18 April 2016

General

1. This website is produced and owned by Benefacts, a company limited by guarantee without share capital, registered in Ireland with company number 553387. The registered office and principal place of business of Benefacts is 6 Merrion Square, Dublin 2. Our VAT number is IE 3316760OH. You can contact us by using our website contact form, by email to info@benefacts.ie or by telephone on +353 1 5367131.

2. These terms and conditions govern your use of the Benefacts website (“our website”). By using our website, you accept these terms and conditions in full – if you disagree with them or any part of them, you should not use our website.

3. In using our website, you further consent to our use of cookies and processing of personal data collected via our website in accordance with the terms of our Privacy Statement and Cookie Policy.

4. Please refer to the separate conditions that govern the use of our Application Platform Interface (API) if you are using our API services.

License to use our website

5. You may use our website for your own personal and business purposes and not for any other purposes. Specifically, you may use it:

a) to view pages in a web browser;
b) to download pages for caching in a web browser;
c) to print pages;
d) to stream audio and video files; and
e) to use our website services, subject to the other provisions of these terms and conditions.

6. In the event that you use our website for these purposes, you must:

a) acknowledge the source and our or our licensors copyright in cases where you supply the information to others;
b) reproduce or re-use the information accurately;
c) not use the information in a misleading way;
d) not use the information for the principal purpose of advertising or promoting a particular product or service; and
e) not use the information for or in support of illegal, immoral, fraudulent or dishonest purposes.

7. Except with our express permission, you must not:

a) edit or otherwise modify any material on our website;
b) republish material from our website (including republication on another website);
c) sell, rent or sub-license material from our website;
d) show any material from our website in public;
e) exploit material from our website for a commercial purpose; or
f) redistribute material from our website.

8. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

9. You must not:

a) use our website in any way or take any action that causes, or may cause, damage to our website or impairment of the performance, availability or accessibility of our website;
b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
e) use our website in any way that will infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law);
f) use our website in any way that will infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; or
g) link our website to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

10. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Company documents: Benefacts license agreement

11. We have derived certain governance and financial data from documents placed in the public domain by nonprofit entities. These include financial statements and constitutional documents. We acquire these documents under the terms of licence agreements with others. We provide a copy of these source documents to allow you to verify the data on our website and for no other purpose. When you click on a source document you will be asked to agree to a licence specific to such documents (the PDF Licence). By clicking “I accept”, you assent to these conditions and the supplemental conditions contained in the PDF Licence.

Privacy and data protection

12. You must not use our website in any way that will infringe any right of confidence, right of privacy or right under data protection legislation.

13. You may not use data collected from our website for any direct marketing activity (including, without limitation, email marketing, SMS marketing, telemarketing and direct mailing).

14. Where we publish personal data on our website, we do so having regard to the requirements of data protection legislation. Our publication of such data does not imply the right of any third party to republish such data. You may not re-use any personal data appearing on our website for any purpose unless you do so in compliance with such legislation. For assistance in determining your obligations under data protection law, please consult the website of the Irish Data Protection Commissioner at www.dataprotection.ie.

15. Where we acquire personal data from you, it is used in accordance with our Privacy Statement and Cookie Policy.

Use on behalf of an organisation

16. If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both yourself and the person, company or other legal entity that operates that business or organisational project to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).

Report abuse

17. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know, by using the contact us form.

Limited warranties/disclaimer

18. The contents of our website are provided as an information guide only and are not intended to be comprehensive. While every effort is made in preparing material for publication, no responsibility is accepted by Benefacts for any errors, omissions or misleading statements on our website or on any site to which our website connects.

19. Our data is acquired in the main from regulatory sources, including uncertified documents and extracts from the register of companies maintained by the Companies Registration Office (CRO), and information submitted by charities to the Charities Regulatory Authority (CRA) under the provisions of the Charities Act, 2009. We endeavour to represent at all times the most up-to-date information available from these sources which themselves have been provided by third parties. While every effort is made in preparing material for publication, we cannot be held responsible for the consequences of any error or omissions in the information, nor do we warrant or represent:

a) the completeness, consistency or accuracy of the information published on our website or any site to which these pages connect;
b) that the material on our website is up to date; or
c) that our website or any service on our website will remain available.

20. The nature of the sources of much of the information extracted from public records and made available on our website is that it is not fully verified. The information is most often accepted by the relevant regulator or registrar on a good faith basis without having gone through a checking or validation process. Accordingly, you are wholly responsible for assessing whether the website and the information available on the website is suitable for your purposes.

21. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing our website.

22. To the maximum extent permitted by applicable law and subject to Section 25, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Policy in the event of complaint/concern

23. We rely on third party sources for most of our data with the following exceptions:

a) identifying the URL of every entity in our scope (where possible), and
b) assigning a primary and, where appropriate, a secondary sectoral classification to every entity.

24. In the event that you wish to correct the URL, propose an alternative classification, or query any other data published by us about your organisation, we invite you in the first instance to let us know, by using the contact us form. Where required, we will verify your identity and then take steps to agree the appropriate action with you.

Limitations and exclusions of liability

25. Nothing in these terms and conditions will:

a) limit or exclude any liability for death or personal injury resulting from negligence;
b) limit or exclude any liability for fraud or fraudulent misrepresentation; or
c) limit or exclude any liability in any way that is not permitted under applicable law.

26. The limitations and exclusions of liability set out in these terms and conditions are subject to Section 25; and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

27. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable:

a) for any loss or damage of any nature;
b) for any losses arising out of any event or events beyond our reasonable control;
c) for any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
d) in respect of any loss or corruption of any data, database or software; or
e) in respect of any special, indirect or consequential loss or damage.

28. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

29. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed €10.00.

30. If you are using our website for business purposes, you hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these terms and conditions, or your use of our website.

Breaches of these terms and conditions

31. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

a) send you one or more formal warnings;
b) temporarily suspend your access to our website/our webservices;
c) permanently prohibit you from accessing our website;
d) block computers using your IP address from accessing our website;
e) commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our website.

32. In the event that we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Third party websites

33. Our website includes hyperlinks to other websites owned and operated by third parties: such hyperlinks should not be seen as recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Intellectual Property Rights

34. We, together with our licensors and others from whom we have sourced materials protected by copyright and other intellectual property rights, own and control all such rights in our website and protected materials on our website.

35. We own and control all database rights in the Benefacts database, extracts of which are published on our website.

Trade marks

36. Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

37. Any third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Variation

38. We may revise these terms and conditions from time to time. The revised terms and conditions will apply to the use of our website from the date of their publication on our website.

Assignment, severability

39. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

40. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

41. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

42. These terms and conditions, together with our Privacy Statement and Cookie Policy, and any other terms and conditions of use notified to you, accepted by you, or to which you are bound by the use of any of our services, and the terms of any licences granted to you, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

43. These terms and conditions shall be governed by and construed in accordance with Irish law.

44. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Ireland.