Terms & Conditions, PlanningAlerts.ie

Last Updated: August 8th 2019

General

The PlanningAlerts.ie service is provided by Pin Point Alerts Limited (Registered in Ireland, ref. #488766). Participation in the PlanningAlerts.ie service is governed by these terms and conditions. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about the terms and conditions, please email PlanningAlerts.ie at planningalerts.terms@pinpointalerts.com.

Interpretation

"Applicable Laws" means any law, statute, regulation, order, judgement, decision, recommendation, rule, policy or guideline passed or issued by government or any competent court or authority in relation to the subject matter of these Terms and Conditions.
“PlanningAlerts.ie System” means the website, PlanningAlerts.ie smartphone apps, data, processes, functions and all related components of the PlanningAlerts.ie System
“Registered User” means you, being the person who uses the PlanningAlerts.ie System.
"Website" means the www.planningalerts.ie website, PlanningAlerts.ie smartphone apps, and any other websites or microsites, generated by the Company through which Registered Users are invited to use; and "You" or "you" or "Your" or "your" means the Registered User.

Acknowledgement and acceptance

This Agreement ("the Agreement") outlines the terms and conditions governing your participation in the PlanningAlerts.ie System and it is your responsibility to read and understand them. Through enrolling and/or using the PlanningAlerts.ie System you become a member of the PlanningAlerts.ie System ("Member") and you agree to be bound by these terms and conditions. Participation in the PlanningAlerts.ie System is offered at the sole discretion of Pin Point Alerts Limited who own and operate PlanningAlerts.ie (hereinafter referred to as "PlanningAlerts.ie").

PlanningAlerts.ie reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. Registered Users understand and acknowledge that most recent version of this Agreement will be located on the PlanningAlerts.ie website at [terms and conditions area at footer of all web pages]. Registered Users non-termination or continued use of the PlanningAlerts.ie System constitutes an affirmative acknowledgement by the Member of any modification to this Agreement and consent to be bound by its terms. A Member may terminate his/her Registered Users account at any time if he does not agree with the terms of this Agreement.

PlanningAlerts.ie’s privacy promise

It is PlanningAlerts.ie's policy and promise to respect the privacy of its Registered Users. PlanningAlerts.ie has “privacy by design” included at all stages of the process, from technical development of the service to account closure requests by Registered Users on the websie. A dedicated Privacy Statement and details of Data Protection policies for PlanningAlerts.ie is available at www.planningalerts.ie/privacy and you are strongly encouraged to read this statement to check exactly what types of Personally Identifiable Information (“PII”) is collected, stored and processed by PlanningAlerts.ie.

We may aggregate your data for disclosure with our clients and potential clients for promotion and marketing purposes. By way of example, we may disclose to a potential client the number of Registered Users in a given county or region, but in such an event we undertake to ensure that no such data could ever be used to personally identify you (e.g. “there are XXXXX subscribers registered on PlanningAlerts.ie in Co. Wexford, XXXX of which are located in Wexford Town”).

We cannot ensure that private communication and other identifiable personal data will never be disclosed in ways not described in this section. By way of example (without limiting the foregoing) we may be forced to disclose the data to a government agency lawfully requesting the same or to any court acting in pursuance of its powers. We reserve the right to and you hereby agree to allow us to disclose any information about you to law enforcement, government officials or to any court or court officials as we in our sole discretion believed necessary or appropriate.

You are responsible for keeping your password confidential and for all activities that occur under your password or account. Please let PlanningAlerts.ie know of any unauthorised use of your password, or any other breach of security. We will clearly state why we are collecting personal information and how it will be used. At your request we will allow you inspect and edit any personal data relating to you and this will be subject to small, cost-recovery fees in certain situations.

By joining the PlanningAlerts.ie System you agree to allow PlanningAlerts.ie to communicate with you through various channels such as email, SMS text messages and app notifications regarding alerts and notifications for any planning alerts at your preferred location(s). PlanningAlerts.ie will always use this communication method responsibly.

Terms of participation

Registration to the PlanningAlerts.ie System is free. An initial trial period will be offered, after which time the Subscriber will need to pay for various parts of the service. Differnt pricing plans will be transparently available on the website.

The PlanningAlerts.ie System is for the use in any county. However certain features will require an Irish presence, such as SMS alerts which require an Irish +353 mobile phone number.

PlanningAlerts.ie is not responsible for changes to, or discontinuance of any alerts through third party agencuces, bodies or agencies, such as local authorities or BCMS. For the avoidance of doubt, if a Council stops providing its planning applications as open data then this is beyond our control. In this situation, refunds will not be offered to any paid subscribers.

PlanningAlerts.ie is not responsible for the inaccurate communication of alerts through a linked site, open data site, by that participating company, body or agency such as local authorities or BCMS. For the avoidance of doubt, if a Council or BCMS provides incorrect, inaccurate, incomplete, delayed or faulty data then this is beyond our control - we process the planning data "as is" and no quality checks are carried out on data quality. In this situation, refunds will not be offered to any paid subscribers.

PlanningAlerts.ie reserves the right to change the mode of services through the System from time to time and any such change will be communicated to Registered Users. New features and alert delivery channels (eg smartphone app notifications) may be introduced in the future and PlanningAlerts.ie maintains the right to send a single promotional email/SMS/notification to Registered Users to advise them of any such service updates. At no time will any new features or alert types be auto-consented on behalf of the registered user – the Registered User must log into PlanningAlerts.ie and take action on their account if any new consent is required. PlanningAlerts.ie's registered users maintain the right to modify their account by logging in through the website or any smartphone apps to manage alerts or account preferences at any time. Registered Users may also request to terminate their PlanningAlerts.ie account through their account area at any time by following “Close /Delete Account” link in the Manage Account section.

PlanningAlerts.ie may from time to time directly adjust a member's account upwards or downwards in respect to errors or suspected fraud, for which we have full authority.

Alerts may not be available for all parts of the country. Some Local Authorities do not participate in this service. Registered Users are advised to check the PlanningAlerts.ie website and especially the Coverage web page to check the list of local authorities that are using the service and the frequency of data updates.

PlanningAlerts.ie and Pin Point Alerts Ltd will not be responsible for any loss, damage or consequences howsoever arising, whether directly or indirectly arising as a result of subscribers not receiving planning alerts on any given week.

Email Support is available for business accounts only. There is no email/phone support available for guest or subscriber accounts.

Links to third party sites

Links included within the PlanningAlerts.ie website may let you leave the PlanningAlerts.ie website and enter into other website(s) ("linked site(s)"). The linked sites are not under the control of PlanningAlerts.ie and PlanningAlerts.ie is not responsible for the contents of any linked sites or any link contained in a linked site or any changes or updates to such sites. Examples of linked sites include local authority planning application websites and the BCMS commencement notices website. PlanningAlerts.ie is not responsible for webcasting or any other form of transmission received from any linked site. PlanningAlerts.ie is only providing these links to you as a convenience (ie, where additional planning information such as applicant information is present) and the inclusion of any link does not imply endorsement by PlanningAlerts.ie of the site or any association with their operators. By way of example, PlanningAlerts.ie will link to participating local authority website but it not responsible for content on the Council’s website.

Advertising other company services

PlanningAlerts.ie reserves the right to include advertisements to other services provided by Pin Point Alerts Ltd as well as third party advertisers as part of the service. This includes provision and the right to include advertisements in alerts that are issued. This includes "Banner Ads" on the PlanningAlerts.ie website and as part of email alerts issued to Registered Users.

Intellectual Property

You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the PlanningAlerts.ie website (hereinafter referred to as "Intellectual Property") are solely owned by PlanningAlerts.ie. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.

All data published on PlanningAlerts.ie is subject to copyright and may not be reproduced on any other website without the prior consent of site owners. This includes alert content which is published on the PlanningAlerts.ie website and may not be scraped or copied from the PlanningAlerts.ie website in order to ensure the service is offered fairly to all users. The planning application data is provided by Dept Housing Planning & Local Government as part of a Creative Commons 4.0 licence.

Submissions to PlanningAlerts.ie

Where you are invited to submit any contribution to PlanningAlerts.ie (this includes any emails, text, member submissions, forum postings, photographs, graphics, video or audio) you agree, that by submitting your contribution you are granting PlanningAlerts.ie a perpetual, royalty-free, non-exclusive, sub-licensable right and the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the PlanningAlerts.ie policy at www.planningalerts.ie/privacy.

Also, by submitting your contribution to PlanningAlerts.ie you declare that your submission is your own original work and that you have the right to make it available to PlanningAlerts.ie for all the purposes specified above. You declare that the submission is not defamatory and does not infringe any law and indemnify PlanningAlerts.ie against all legal fees, damages and other expenses that may be incurred by PlanningAlerts.ie as a result of your breach of the above declaration and waive any moral rights in your contribution for the purposes of its submission to and publication on PlanningAlerts.ie and the purposes specified above. If you do not want to grant to PlanningAlerts.ie the rights set out above, please do not submit your contribution to PlanningAlerts.ie.

Limitation of Liability

PlanningAlerts.ie shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to the participation or inability to participate in the PlanningAlerts.ie System. Under no conditions and in no event shall PlanningAlerts.ie be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of this Agreement or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of PlanningAlerts.ie.

Although rigorous protocols are applied to the website PlanningAlerts.ie does not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties. As stated in the PlanningAlerts.ie Privacy Policy at www.planningalerts.ie/privacy, “We have put in place reasonable and appropriate physical, electronic, and managerial procedures to help safeguard information we collect through PlanningAlerts.ie. However, you should know that no company, including PlanningAlerts.ie or Pin Point Alerts Ltd, can fully eliminate security risks associated with Personally Identifiable Information (PII)”.

PlanningAlerts.ie does not accept any liability for any losses or claims arising from any inability to access the PlanningAlerts.ie website.

Indemnity and waiver

You hereby agree to indemnify and keep indemnified PlanningAlerts.ie its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on the PlanningAlerts.ie website or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of the PlanningAlerts.ie website, your connection to the PlanningAlerts.ie website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the PlanningAlerts.ie website is done at your own discretion and risk and that you waive any right to bring any claim or action against PlanningAlerts.ie or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the PlanningAlerts.ie website or the PlanningAlerts.ie System.

Disclaimer

The materials contained in the PlanningAlerts.ie website may contain inaccuracies and typographical errors. PlanningAlerts.ie does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the PlanningAlerts.ie website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. PlanningAlerts.ie reserves the right in its sole discretion to correct any errors or omissions in any portion of the PlanningAlerts.ie website.

The PlanningAlerts.ie website, the information and material on the PlanningAlerts.ie website are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to warranties of non-infringement or fitness for any particular purpose.

PlanningAlerts.ie shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.

Assignment

PlanningAlerts.ie reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. If PlanningAlerts.ie exercises this right it shall name the assignee or subcontractor on the main screen of the PlanningAlerts.ie website and you will be entitled to terminate this Agreement immediately. You acknowledge that you may not without the prior written consent of PlanningAlerts.ie assign or dispose of your obligations under this Agreement whether in part or in whole.

Refunds, Term and Termination

You agree to remain bound by this Agreement (or such amended Agreement) for as long as you remain a Registered User or unless PlanningAlerts.ie terminates, suspends or otherwise limits access. In the event that a Registered expressly requests to leave the PlanningAlerts.ie System, no further communication will be entered into between PlanningAlerts.ie and the Registered User.

PlanningAlerts.ie reserves the right to terminate the PlanningAlerts.ie System at any time. PlanningAlerts.ie will make every effort to communicate to all Registered Users the termination period, however they will not be held responsible for failing to notify any Registered User regardless of the reasons. The Registered User acknowledges that even if his or her account is terminated, he or she may receive SMS and/or emails from PlanningAlerts.ie for a maximum period of one day. Please review the Privacy Policy at www.planningalerts.ie/unsubscribe which includes policy details on data retention.

Any fraud or abuse of the PlanningAlerts.ie website, PlanningAlerts.ie System etc. will result in the immediate termination of that Member's account.

Any fraud or abuse of the PlanningAlerts.ie website, PlanningAlerts.ie System etc. or any reason deemed appropriate by PlanningAlerts.ie at its sole discretion will result in the immediate termination of that Member's account.

There is no refund policy for Subscriber and Business account holders where there is a "change of mind". By subscribing to the service for a paid plan, you have accessed premium content and features and this is available to you for 12 months from the date of payment. If you do not renew your account, you will lose access to premium content and features, and you will revert to a free account plan after your subscription expiry date. If you no longer require access to PlanningAlerts.ie then you can cancel the service midway through a subscription period, although this is your decision and no refund will be offered for any remaining subscription time.

Modifications to PlanningAlerts.ie website

PlanningAlerts.ie reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the PlanningAlerts.ie website and/or the PlanningAlerts.ie System (or a part thereof) with or without notice. You agree that PlanningAlerts.ie shall not be liable to you or any third party for any modification, suspension or discontinuance of the PlanningAlerts.ie website or PlanningAlerts.ie System. PlanningAlerts.ie shall not be liable to any Member or third party should PlanningAlerts.ie exercise its right to modify or discontinue the PlanningAlerts.ie System.

Notices

All notices given by PlanningAlerts.ie to you will be given by e-mail from an “@PlanningAlerts.ie” email address.
by general posting on the PlanningAlerts.ie website, depending on the nature of the notice.

Entire Agreement

This Agreement constitutes the entire Agreement between you and PlanningAlerts.ie and supercedes any prior agreements, arrangements, statements and understandings between PlanningAlerts.ie and you.

Waiver

A waiver by PlanningAlerts.ie of any breach by any Registered User of any of the terms, provisions or conditions of this Agreement or the acquiescence of PlanningAlerts.ie to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.

No Partnership/Joint Venture

Nothing in this Agreement shall be construed as forming a partnership or joint venture with Registered Users and no third party company will have the right or ability to create any obligation on PlanningAlerts.ie's behalf.

Governing Law

This Agreement shall be governed by Irish law and the Member consents to the exclusive jurisdiction of the Irish courts in all matters regarding it.

Invalidity

If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.

Disputes

All questions or disputes regarding the PlanningAlerts.ie System, including without limitation, questions regarding participation must be submitted by within 30 days of the query where applicable, to Pin Point Alerts Limited at planningalerts@pinpointalerts.com