MapAlerter Terms and Conditions
Last Updated: March 15th 2018
- "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.
- “MapAlerter.com System” means the MapAlerter.com website, MapAlerter.ie website, MapAlerter iOS App, Android iOS App, data, processes, functions and all related components of the MapAlerter.com System
- “Registered User” means you, being the person who uses the MapAlerter.com System.
- "Website" means the www.mapalerter.com website, the www.mapalerter.ie website, MapAlerter iOS App, Android iOS App, 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 MapAlerter.com System and it is your responsibility to read and understand them. Through enrolling and/or using the MapAlerter.com System you become a member of the MapAlerter.com System ("Member") and you agree to be bound by these terms and conditions. Participation in the MapAlerter.com System is offered at the sole discretion of Pin Point Alerts Limited who own and operate MapAlerter.com (hereinafter referred to as "MapAlerter.com").
MapAlerter.com 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 MapAlerter.com website at [terms and conditions area]. Registered Users non-termination or continued use of the MapAlerter.com 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.
MapAlerter’s privacy promise
It is MapAlerter.com's policy and promise to respect the privacy of its Registered Users. MapAlerter has “privacy by design” included at all stages of the process, from technical development of the service to unsubscribe requests by Registered Users. A dedicated Privacy Statement and details of Data Protection policies for MapAlerter is available at www.mapalerter.com/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 MapAlerter.com.
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 Council area, 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 MapAlerter 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 MapAlerter.com 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.
By joining the MapAlerter.com System you agree to allow MapAlerter.com to communicate with you through various channels such as email, SMS text messages and app notifications regarding alerts and notifications from your local authority. MapAlerter.com will always use this communication method responsibly.
Terms of participation
Registration to the MapAlerter.com System is free for all intended Registered Users, and no SMS, email, app notification or other charges will be incurred by the Registered User.
The MapAlerter.com System is for the use of residents of Ireland. A valid Irish mobile number (+353) is required to register for the service. Each MapAlerter.com account must only be accessed by the Account Holder, and may not be accessed by any other user, without the express permission and authorisation of MapAlerter.com. In the event of access by another user, MapAlerter.com reserve the right to freeze the account until the Registered User is in contact with MapAlerter.com.
MapAlerter.com is not responsible for changes to, or discontinuance of any alerts through third party companies, bodies or agencies, nor are we responsible for the inaccurate communication of alerts through a linked site, open data site, by that participating company, body or agency.
MapAlerter.com 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, alert categories and alert delivery channels may be introduced in the future and MapAlerter.com 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 MapAlerter and take action on their account if any new consent is required. MapAlerter.com's registered users maintain the right to modify their account by logging in through the website or smartphone apps to disable categories/features/channels at any time. Registered Users may also request to terminate their MapAlerter.com account through their account area at any time by visiting www.mapalerter.com/unsubscribe or logging into their account and following “Delete Account” links.
MapAlerter.com 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 MapAlerter.com website to check the list of local authorities that are using the service (available on the homepage).
MapAlerter.com and Pin Point Alerts Ltd will not be responsible for any loss, damage or consequences howsoever arising, whether directly or indirectly arising, such as Flooding in your home, workplace, commute route, or registered location as a result of not receiving alerts.
The information and content contained in the SMS, app notifications and email alerts are sent from subscribed Registered Users of the service, such as local authorities, media agencies, and other government agencies. MapAlerter.com and Pin Point Alerts Ltd is not responsible for any content distributed to registered users. Full Responsibility is with the agency or our client who issued the alert.
Local authorities who are active on the MapAlerter.com service may not access the user database (read our Privacy Statement at www.mapalerter.com/unsubscribe for further details on data sharing).
Links to third party sites
Links included within the MapAlerter.com website may let you leave the MapAlerter.com website and enter into other website(s) ("linked site(s)"). The linked sites are not under the control of MapAlerter.com and MapAlerter.com 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. MapAlerter.com is not responsible for webcasting or any other form of transmission received from any linked site. MapAlerter.com is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by MapAlerter.com of the site or any association with their operators. By way of example, MapAlerter.com will link to participating local authority website but it not responsible for content on the Council’s website.
Advertising other company services
MapAlerter.com reserves the right to include advertisements to other services provided by Pin Point Alerts Ltd as part of the alerts that are issued. This includes "Banner Ads" on the MapAlerter.com website and as part of email alerts issued to Registered Users.
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 MapAlerter.com website (hereinafter referred to as "Intellectual Property") are solely owned by MapAlerter.com. 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 MapAlerter.com 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 MapAlerter.com website and may not be scraped or copied from the MapAlerter.com website.
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of MapAlerter.com (Pin Point Alerts Limited). These do not include logos and graphics which are the property of MapAlerter.com partners. ALL RIGHTS RESERVED.
Submissions to MapAlerter.com
Where you are invited to submit any contribution to MapAlerter.com (this includes any emails, text, member submissions, forum postings, photographs, graphics, video or audio) you agree, that by submitting your contribution you are granting MapAlerter.com 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 MapAlerter.com policy at www.mapalerter.com/privacy.
Also, by submitting your contribution to MapAlerter.com you declare that your submission is your own original work and that you have the right to make it available to MapAlerter.com for all the purposes specified above. You declare that the submission is not defamatory and does not infringe any law and indemnify MapAlerter.com against all legal fees, damages and other expenses that may be incurred by MapAlerter.com 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 MapAlerter.com and the purposes specified above. If you do not want to grant to MapAlerter.com the rights set out above, please do not submit your contribution to MapAlerter.com.
Limitation of Liability
MapAlerter.com shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to the participation or inability to participate in the MapAlerter.com System. Under no conditions and in no event shall MapAlerter.com 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 MapAlerter.com.
MapAlerter.com does not accept any liability for any losses or claims arising from any inability to access the MapAlerter.com website.
Indemnity and waiver
You hereby agree to indemnify and keep indemnified MapAlerter.com 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 MapAlerter.com 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 MapAlerter.com website, your connection to the MapAlerter.com 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 MapAlerter.com website is done at your own discretion and risk and that you waive any right to bring any claim or action against MapAlerter.com or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the MapAlerter.com website or the MapAlerter.com System.
The materials contained in the MapAlerter.com website may contain inaccuracies and typographical errors. MapAlerter.com 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 MapAlerter.com website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. MapAlerter.com reserves the right in its sole discretion to correct any errors or omissions in any portion of the MapAlerter.com website.
The MapAlerter.com website, the information and material on the MapAlerter.com 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.
MapAlerter.com does not make any warranty, guarantee nor any representation regarding the quality of, or assurance of any product or service promoted by a Council issuing alerts on the service. For example, if a local authority promotes their local library then MapAlerter.com is not responsible for any aspect of the library’s service offering.
MapAlerter.com 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.
MapAlerter.com reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. If MapAlerter.com exercises this right it shall name the assignee or subcontractor on the main screen of the MapAlerter.com website and you will be entitled to terminate this Agreement immediately. You acknowledge that you may not without the prior written consent of MapAlerter.com assign or dispose of your obligations under this Agreement whether in part or in whole.
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 MapAlerter.com terminates, suspends or otherwise limits access. In the event that a Registered expressly requests to leave the MapAlerter.com System, no further communication will be entered into between MapAlerter.com and the Registered User.
Any fraud or abuse of the MapAlerter.com website, MapAlerter.com System etc. will result in the immediate termination of that Member's account.
Any fraud or abuse of the MapAlerter.com website, MapAlerter.com System etc. or any reason deemed appropriate by MapAlerter.com at its sole discretion will result in the immediate termination of that Member's account.
Modifications to MapAlerter.com website
MapAlerter.com reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the MapAlerter.com website and/or the MapAlerter.com System (or a part thereof) with or without notice. You agree that MapAlerter.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the MapAlerter.com website or MapAlerter.com System. MapAlerter.com shall not be liable to any Member or third party should MapAlerter.com exercise its right to modify or discontinue the MapAlerter.com System.
3rd Party Alert Services integrated with MapAlerter.com
MapAlerter provides a facility for local authorities to publish alerts from their own service to MapAlerter's subscribers. By accepting this agreement you also acknowledge and accept the terms and conditions of these local authority alert services should you receive any alerts from them via MapAlerter.com. These include:
- Cork County Council's "Cork Alerts" system Terms & Conditions
- Kilkenny County Council's "Kilkenny Alerts" system Terms & Conditions
- Monaghan County Council's "Monaghan Alerts" system Terms & Conditions
- Fingal County Council's "Fingal Alerts" system Terms & Conditions
All notices given by MapAlerter.com to you will be given by e-mail from an “@MapAlerter.com” email address.
by general posting on the MapAlerter.com website, depending on the nature of the notice
This Agreement constitutes the entire Agreement between you and MapAlerter.com and supercedes any prior agreements, arrangements, statements and understandings between MapAlerter.com and you.
A waiver by MapAlerter.com of any breach by any Registered User of any of the terms, provisions or conditions of this Agreement or the acquiescence of MapAlerter.com 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 MapAlerter.com's behalf.
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.
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.