TERMS AND CONDITIONS PIN POINT ALERTS LTD FOR COMMUNITYALERTS.IE SERVICE 

 

These terms and conditions are laid out in relation to Pin Point Alerts ltd and they apply to the supply of the Community Text Alert service via this website (https://www.communityalerts.ie, https://app.communityalerts.ie). By continuing to register and/or use the Community Alerts service you agree to be wholly bound by these terms and conditions.  These terms of use set forth the legally binding terms and conditions for your use of the site and the service provided. If you are accepting these terms of behalf of a company, you represent and warrant that you have the authority to do so.

OUR AGREEMENT

These terms contain the agreement between Pin Point Alerts, Community Text Alert and you. The terms consist of these general terms, any service specific terms that may apply, and relate to the privacy policy.  It is important that you understand your responsibilities and the limitations to the service which you choose to use.  Our services in Pin Point Alerts are diverse and as a result additional service specific terms, may apply in the case of www.communityalerts.ie (https://app.communityalerts.ie) and or associated domain names affiliated to Pin Point Alerts Ltd. These service specific terms become part of our agreement.  Please use our service responsibly.  By using our website and mobile app and or any of our services listed you agree to these terms set down by Pin Point Alerts Ltd.

 

We may amend these terms from time to time, in line with changes required by legislation or our internal business requirements.  The most updated version will apply and you therefore need to review the terms each time you visit the website.  Unless we expressly state otherwise, the amended version of the terms shall supersede and replace all previous versions thereof.

1.0 Definitions.

1.1“Customer” means the customer as in the community alert group and the group manager, whom Pin Point Alerts has agreed to provide the service and whose details appear on the registration or in the definition of parties at the beginning of this agreement;

1.2 “Fees “means the fees published by or on behalf of Pin Point Alerts from time to time on www.communityalerts.ie or associated websites or otherwise agreed with the customer and payable in euros;

1.3 “Subscription” means an arrangement to receive the community text alert service regularly by paying in advance;

1.4 “Website” means any websites owned and operated by Pin Point Alerts through which a customer can access the service and accessible via the internet (https://www.communityalerts.ie // https://app.communityalerts.ie);

1.5 “Service” means any service provided by Community Alerts to the customer under through the website;

1.6 “Order” means the customer’s request for the service;

1.7 “Order Form” means the Customer sign-up pages as displayed by or on behalf of Community Alerts powered by in Point Alerts Ltd.

1.8 “Data Protection Legislation” means all applicable laws implementing Directives 95/46/EC, 97/66/EC and 2002/58/EC of the European Parliament and the Council, and any subsequent legislation replacing, amending or supplementing the foregoing, concerning the protection, inter alia, of personal data and privacy.

1.9 “SMS Text Message” means a messaging service component of phone, web, or mobile communication systems. It uses standardised communications protocols to allow fixed line or mobile phone devices to exchange short text messages. A standard SMS text message is 160 characters in length.

1.10Text Message Credits” is what is required to send one SMS text message. It is purchased in bundles and are prerequisite the text alert service.

1.11 “Intellectual property rights” any intellectual property rights or other proprietary rights including but not limited to copyright, design rights, trade marks or names and patents in each case whether registered or unregistered names;

2.0 General Terms.

It is important that you read and understand all of our terms. However, there are a few key points that we want to firstly highlight;

2.1 Contracting with Pin Point Alerts.  See terms laid out in Our Agreement above and in collaboration with Pin Point Alerts Privacy Policy.

2.2 Delivery.  During transmission, electronic communications flow through the systems of several mobile networks and other associated parties.  You the customer, therefore agree that Pin Point Alerts, may make use of one or more third party service provider where necessary, in the chain required to deliver the service to you (e.g. Apple will be partly responsible for issuing push notification alerts to the iOS Smartphone App, and so on). You also agree that your text message, is considered to be delivered once it has been transmitted from our system, to our next network service provider in the chain of communication. Additionally, a text message sent by a mobile phone user is considered to be delivered, when it is submitted from our system to you. Pin Point Alerts strive to ensure uninterrupted and continued use of services at all times, however you agree that this can at times be frustrated by the effective functioning of associated network service providers’ infrastructure, network coverage and the recipient’s mobile handset.

2.3 SMS Text Message Credits.  Pin Point Alerts endeavour to have the lowest and most competitive price per credit on the market.  These prices are subject to change based on the network provider and may or may not be passed on to the customer accordingly. SMS text message credits are not transferrable, are non-refundable and may not be exchanged for cash. They do not equate to the monetary equivalent.  Text message credits will expire if unused after 2 years unless your account has been terminated / suspended or withdrawn in line with the termination policy outlined in these terms and conditions.

2.4 Anti-Spam Policy.  Pin Point Alerts operate a strict and controlled anti-spam policy. All text messages are controlled and monitored and in no way are unsolicited SMS text messages, notifications or alerts allowed or condoned as part of the Community Alerts service operated by Pin Point Alerts. We retain the right to suspend any account which may be deemed to have breached this condition and it is the right of Pin Point Alerts to determine what is considered acceptable and unacceptable and will act accordingly. (For further details please see 7.0 Indemnity) 

2.5 Application of Terms and Conditions.  These Terms and Conditions together with any order form or agreement specifically entered into, between the customer and Pin Point Alerts relating to the Community Alert service, govern the relationship between Pin Point Alerts and the Customer.  Pin Point Alerts may from time to time, amend these Conditions and any such amendment will be displayed on the appropriate Pin Point Alerts website at least one month prior to the implementation of the amendment. Should the Customer place an order or continue to use any of the   service following implementation of an amendment it will be deemed to have accepted the amendment.

3.0 Obligations of the you Customer

3.1 The Customer shall not:

3.1.1 Submit to Pin Point Alerts any order that it knows or should (after reasonable enquiry) have discovered, infringes or might reasonably be considered to infringe the intellectual property rights of any third party;

3.1.2 Use the service in any way, that might reasonably be considered to infringe the rights of any third party, including but not limited to trademark infringement, copyright infringement, passing off and defamation;

3.1.3 Reverse engineer, de-code or in any way disassemble any software provided by Pin Point Alerts or its agents in relation to the provision of the service;

3.1.4 Use the service to communicate, reproduce, transmit, store or knowingly receive any material that is offensive, abusive, indecent, defamatory, obscene, menacing or in breach of confidence;

3.1.5 Enter any incorrect or incomplete name, business name, address, email address, telephone number or any other false information on any order form or otherwise enter information intended to conceal the customer’s identity;

3.1.6 Operate a rival or alternative Community Text Alert system or bulk SMS messaging system in the Irish jurisdiction;

3.2. In the event of any breach of the provisions of clause 3.1 by the customer, Pin Point Alerts reserves the right forthwith to withdraw, suspend or cancel the service.

3.3 The customer acknowledges, that it is solely responsible for maintaining adequate insurance cover, in respect of any elements associated with our service in terms of loss or damage relating to the provision of the service.

3.4 The customer acknowledges, that the internet is not a completely secure medium of communication, and whilst Pin Point Alerts and its agents have taken steps to safeguard the security of some information (i.e. payment details using secure sockets layer “SSL” technology which encrypts the information the customer inputs on its system before it is transmitted to Pin Point Alerts ) the customer inputs on the website or sends to Pin Point Alerts on the website, Pin Point Alerts is not and will not be responsible for any damages the customer may suffer as a result of the loss of confidentiality of such information. (See Privacy Statement)

3.5 The customer warrants, represents and undertakes, that it will obtain all necessary licenses and consents, in respect of any material transmitted or stored using the service prior to posting such material.

3.6 The customer warrants, represents and undertakes that any material transmitted or stored using the service and any material linked to or referred to, by way of the service is not offensive, abusive, indecent, defamatory, obscene, menacing, in breach of confidence, and/or does not infringe the intellectual property rights of any third party or contain a virus or other hostile code or constitute or encourage a criminal offence.

3.7 The customer warrants, represents and undertakes that it will not nor will it permit or authorise any other party to use the service in breach of any law or regulation.

3.8 The customer warrants, represents and undertakes that it will not nor will it permit or authorise any other party to use the service in any way which is or may be detrimental to Pin Point Alerts or its agents.

3.9 The customer warrants, represents and undertakes to abide by any limitations imposed by Pin Point Alerts and to keep secure any confidential information provided by Pin Point Alerts including any passwords.

4.0 Obligations and Rights of Pin Point Alerts.

4.1 In the event that the customer uses any or all of the services in such a way, as may in our opinion expose Pin Point Alerts, to the risk of legal or other proceedings.  This includes exposing Pin Point Alerts to loss or damage of any kind, Pin Point Alerts reserves the right to refuse to process or continue processing the service and withdraw, suspend or cancel the   service or take any other action as it in its absolute discretion it sees fit.

4.2 Pin Point Alerts will comply with all applicable data protection legislation, in relation to the personal details that the customer provides to us.  All information provided to Pin Point Alerts will be dealt with in accordance with Pin Point Alerts privacy policy, which can be found on the website.

4.3 The customer acknowledges that, Pin Point Alerts are under no obligation to edit, review or modify information provided by or on behalf of the customer.  In order to maintain the integrity of the service, Pin Point Alerts reserves the right to forward contact details to the Garda, or other regulatory authorities where requested to do so.  Pin Point Alerts may also forward contact details where a complaint arises, concerning the customer’s use of the service and where that use is deemed by Pin Point Alerts, to be inconsistent with these user conditions.

5.0 Fees

5.1 The customer shall pay to Pin Point Alerts the fees, inclusive of any additional costs incurred by Pin Point Alerts in processing a new subscription.

5.2 The fees shall be paid by the customer, as detailed in this agreement, the order form and any agreement, specifically entered into between the customer and Pin Point Alerts, without set off or counterclaim.

5.3 The customer acknowledges that, the provision of the service is conditional, upon Pin Point Alerts receiving payment of the fees in full and in the event of non-payment of subscription or suspected fraudulent activity, in relation to payment of fees by the customer, Pin Point Alerts reserves the right forthwith to withhold, suspend or cancel the service.

5.4 The customer acknowledges that occasionally unforeseen charges are incurred in processing new subscriptions.   Pin Point Alerts shall obtain the customer’s consent in writing or by email before incurring such unforeseen charges.

5.5 Service may be interrupted if subscription expires. Pin Point Alerts will offer the group manager prior warning of subscription expiration by SMS Text Message and/or email.

 

6.0 Payment Cancellation, Refunds and Credits

6.1 Prices. Pin Point Alerts will charge you for the service, at the prices agreed to in our contract with you at the time of agreement. We reserve the right to change our pricing structure from time to time without any prior notice to you. All changes to our proving model will be available on the website

 6.2 Billing. You are obligated to pay for any of our services that you use. You can view your transaction history by logging into your account. You may pay us by credit card / debit card or by cheque.  We make use of secure third party payment gateways and we are not liable for any losses or damages suffered due to the use of these gateways.

6.3 Taxes and deductions. Our prices exclude Value Added Tax and all other applicable taxes.

6.4 Bank charges. You are responsible for payment of all bank and finance charges. Please ensure that the amount received in our bank account, after deductions, is the full amount you owe us.

6.5 Billing disputes. Billing disputes must be initiated within 90 days of invoice, by contacting us at Pin Point Alerts.  Refunds will be made in the form of a credit to your account and in no event shall there be any cash refunds. Disputes which are not initiated within 90 days will not be entitled to any refunds.

7.0 Indemnity

7.1 The customer shall indemnify and keep indemnified Pin Point Alerts and any of its employees, representatives, agents, suppliers and/or sub-contractors fully from and against all liability, claims, costs, losses, loss of profits, expenses, business interruption, and other pecuniary or consequential loss (including reasonable legal costs and expenses) suffered or incurred as a result of: -

                  i.        access to and/or use of the service by the customer;

                 ii.        (ii) any information, data or material produced, transmitted or downloaded by the customer;

                iii.        (iii)  any breach by the customer of any of the provisions of these conditions or of any law, code or regulation relating thereto or to the internet including for the avoidance of doubt the Data Protection Legislation.

               iv.        (iv)  any use of the service that infringes, intellectual property rights or which causes a claim that intellectual property rights have been infringed;

                 v.        (v)  any material delivered or displayed that infringes intellectual property rights or which causes a claim that intellectual property rights have been infringed;

7.2 Copyright Notice and Limited License

Pin Point Alerts, retain full ownership of our services and our associated website content. We retain and own all right, title and interest in and to the services and all improvements, modifications and works thereof. The  content on the Community Alerts website  and any other content generated, provided, or otherwise made accessible on or through our service, including without limitation, the data, text, software, scripts, graphics, files, images, videos, stickers, photos, sounds, audio, interactive features, information and the like (collectively, together with any third party website submissions and the trademarks, service marks and logos contained therein are as between you and us owned by or licensed to us, subject to copyright and other intellectual property rights. We reserve all rights not expressly granted in and to the service and content provided.  You the customer agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Ccontent, marks, third party website submissions, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Without limiting the foregoing, you shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

8.0 Limitation of Liability

8.1   Pin Point Alerts warrants to the customer that the service will be provided using reasonable care and skill.

8.2 Except as set out expressly in these conditions, Pin Point Alerts excludes all conditions, terms, warranties and representations (other than fraudulent representations) in relation to the whole or part of the service whether imposed by statute or operation of law or otherwise including but not limited to, implied warranties or conditions of accuracy, completeness, satisfactory quality and fitness for a particular purpose.

8.3 Whilst Pin Point Alerts makes no attempt in the agreement to limit its liability for death or personal injury arising from its negligence, in no circumstances shall Pin Point Alerts be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof for:

8.3.1 Any increased costs or expenses;

8.3.2 Any loss of profit, business, contracts, revenues, or anticipated savings;

8.3.3 The consequences of any failed or undelivered SMS text messages;

8.3.4 Any claims that the customer infringed intellectual property rights;

8.3.5 The consequences of any software bugs, errors or interruption in the service;

8.3.6 any changes in any of Pin Point Alerts’ facilities, operations, procedures, products or service which render obsolete or require modification of or alteration to the Customer’s equipment or software;

8.3.7 Any special indirect or consequential damage of any nature whatsoever, arising directly or indirectly out of the provision by Pin Point Alerts of the service or the performance by Pin Point Alerts, of its obligations under these Terms and Conditions, any order Form. or any agreement specifically entered into between Pin Point Alerts and the customer.

8.3.8 The consequences of any usage of the service by the community alert group, that break or are suspected of breaking any codes of practice or other regulations, codes of practice, legislation or applicable laws.

8.4   Notwithstanding anything contained in the agreement Pin Point Alerts’ liability to the Customer in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the fees paid by the customer for the service.

8.5 Where the service is performed under a consumer transaction the statutory rights of the customer are not affected by these conditions.

9.0 Suspension and Termination

9.1 Without prejudice to any of its other rights, either party shall have the right to immediately terminate the agreement and Pin Point Alerts may also suspend or restrict the service to the Customer, if:

9.1.1 The customer commits any material or repeated breach of the agreement and/or, fails to remedy any breach, which is capable of being remedied within fourteen days of receipt of a notice requiring it to remedy such breach. For the purpose of this clause a breach of clauses 3, 4 or 5 may be deemed a non-remediable breach and Pin Point Alerts may immediately suspend or restrict the service without notice to a customer breaching these clauses. In the case of a suspected breach by the customer Pin Point Alerts will take whatever steps it believes necessary to investigate and resolve matters;

9.1.2  The other is unable to pay its debts or enters into compulsory or voluntary liquidation (other than for the purpose of affecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation, if a different legal entity shall agree to be bound by and assume the obligations of a relevant party under the agreement) or compounds with or convenes a meeting of its creditors or has a Receiver or Manager or an Administrator appointed over its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party terminating means that the other may be unable to pay its debts.

10.0     Privacy and Security

10.1 Privacy Policy.  Pin Point Alerts will process your personal information in accordance to the terms laid out in our privacy policy.  Pin Point Alerts can and will intercept and disclose any data submitted to our systems, in order to protect the efficient operation of our systems or to comply with requests from competent authorities or court orders, or to compile, analyse and publish statistical data. You agree that subject to applicable laws we may intercept, monitor filter, lock, read, delete, disclose, and use data submitted to our systems or website.

10.1     Disclosure to Recipients. 

The recipient of an electronic communication such as an sms text message or notification, has the right to know the identity of the sender and we will disclose this on the recipient’s request. There will be no subsequent liability taken by Pin Point Alerts for such disclosure.

10.2     Data Collection. 

You the customer consent that Pin Point Alerts, may collect and disclose data relating to your use of our services and website for the purpose of analysis, reporting, service quality assessment and research.

10.3 Accounts Passwords and Security Information.  In order to provide the service outlined in our agreement Pin Point Alerts requires certain information from you the customer. Pin Point Alerts have the right to suspend or terminate any service if you give information that is not complete and accurate. You agree to update your information accordingly. If any of your information changes, including but not limited to information relating to individuals, as authorised users of the service and you indemnify Pin Point Alerts against any liability that may arise as a result of your failure to provide complete and accurate information or update information where applicable. You must immediately notify us if any of your information changes.

10.4 Username and Password. We will give you or ask you to choose a user name or customer ID and password for each account. We may change, cancel or suspend your password and will notify you. You the customer;

          i.must keep your username, customer ID and password confidential.  You must not circumvent, or attempt to circumvent, our user authentication systems;

         ii.you must notify Pin Point Alerts immediately if there is any unauthorised use of your account or any other breach of security;

        iii.you are entirely responsible for all payments and any activities that occur on your account;

       iv.you are liable for any damage, loss or costs that we or any third party sustain, as a result of any of your actions, or any actions of a third party using your password, account name or account information; and remain responsible for all information sent and received through the service: and indemnify us against any claim from any use of your password, account name or account information by a third party or as a result of your violation of this section.

11.0 Proprietary Rights

The customer acknowledges that all title, rights and interest in the service shall remain with Pin Point Alerts and/or its suppliers and that the customer shall not under any circumstances obtain any proprietary rights in respect of the service.