Terms & Conditions // Pin Point Alerts Ltd. Bulk Messaging
Last Updated: March 15th 2018
General
The PinPointAlerts Messaging Service is provided by Pin Point Alerts Limited (Registered in Ireland, ref. #488766). Participation in the PinPointAlerts Messaging 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 PinPointAlerts Messaging at
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.
- “PinPointAlerts.com System” means the PinPointAlerts.com website, PinPointAlerts Messaging .ie website, PinPointAlerts Messaging iOS App, Android iOS App, data, processes, functions and all related components of the PinPointAlerts.com System
- “Registered User” means you, being the person who uses the PinPointAlerts.com System.
- "Website" means the www.PinPointAlerts.com website, PinPointAlerts Messaging 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 PinPointAlerts.com System and it is your responsibility to read and understand them. Through enrolling and/or using the PinPointAlerts.com System you become a member of the PinPointAlerts.com System ("Member") and you agree to be bound by these terms and conditions. Participation in the PinPointAlerts.com System is offered at the sole discretion of Pin Point Alerts Limited who own and operate PinPointAlerts.com (hereinafter referred to as "PinPointAlerts.com").
PinPointAlerts.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 PinPointAlerts.com website at [terms and conditions area]. Registered Users non-termination or continued use of the PinPointAlerts.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.
PinPointAlerts Messaging ’s privacy promise
It is PinPointAlerts.com's policy and promise to respect the privacy of its Registered Users. PinPointAlerts Messaging 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 PinPointAlerts Messaging is available at www.PinPointAlerts.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 PinPointAlerts.com.
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 PinPointAlerts.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 PinPointAlerts.com System you agree to allow PinPointAlerts.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. PinPointAlerts.com will always use this communication method responsibly.
Links to third party sites
Links included within the PinPointAlerts.com website may let you leave the PinPointAlerts.com website and enter into other website(s) ("linked site(s)"). The linked sites are not under the control of PinPointAlerts.com and PinPointAlerts.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. PinPointAlerts.com is not responsible for webcasting or any other form of transmission received from any linked site. PinPointAlerts.com is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by PinPointAlerts.com of the site or any association with their operators. By way of example, PinPointAlerts.com will link to participating local authority website but it not responsible for content on the Client’s website.
Advertising other company services
PinPointAlerts.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 PinPointAlerts.com 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 PinPointAlerts.com website (hereinafter referred to as "Intellectual Property") are solely owned by PinPointAlerts.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 PinPointAlerts.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 PinPointAlerts.com website and may not be scraped or copied from the PinPointAlerts.com website.
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of PinPointAlerts.com (Pin Point Alerts Limited). These do not include logos and graphics which are the property of PinPointAlerts.com partners. ALL RIGHTS RESERVED.
Submissions to PinPointAlerts.com
Where you are invited to submit any contribution to PinPointAlerts.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 PinPointAlerts.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 PinPointAlerts.com policy at www.PinPointAlerts.com/privacy.
Also, by submitting your contribution to PinPointAlerts.com you declare that your submission is your own original work and that you have the right to make it available to PinPointAlerts.com for all the purposes specified above. You declare that the submission is not defamatory and does not infringe any law and indemnify PinPointAlerts.com against all legal fees, damages and other expenses that may be incurred by PinPointAlerts.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 PinPointAlerts.com and the purposes specified above. If you do not want to grant to PinPointAlerts.com the rights set out above, please do not submit your contribution to PinPointAlerts.com.
Limitation of Liability
PinPointAlerts.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 PinPointAlerts.com System. Under no conditions and in no event shall PinPointAlerts.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 PinPointAlerts.com.
Although rigorous protocols are applied to the website PinPointAlerts.com 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 PinPointAlerts Messaging Privacy Policy at www.PinPointAlerts.com/privacy, “We have put in place reasonable and appropriate physical, electronic, and managerial procedures to help safeguard information we collect through PinPointAlerts Messaging . However, you should know that no company, including PinPointAlerts Messaging or Pin Point Alerts Ltd, can fully eliminate security risks associated with Personally Identifiable Information (PII)”.
PinPointAlerts.com does not accept any liability for any losses or claims arising from any inability to access the PinPointAlerts.com website.
Indemnity and waiver
You hereby agree to indemnify and keep indemnified PinPointAlerts.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 PinPointAlerts.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 PinPointAlerts.com website, your connection to the PinPointAlerts.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 PinPointAlerts.com website is done at your own discretion and risk and that you waive any right to bring any claim or action against PinPointAlerts.com or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the PinPointAlerts.com website or the PinPointAlerts.com System.
Disclaimer
The materials contained in the PinPointAlerts.com website may contain inaccuracies and typographical errors. PinPointAlerts.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 PinPointAlerts.com website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. PinPointAlerts.com reserves the right in its sole discretion to correct any errors or omissions in any portion of the PinPointAlerts.com website.
The PinPointAlerts.com website, the information and material on the PinPointAlerts.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.
PinPointAlerts.com does not make any warranty, guarantee nor any representation regarding the quality of, or assurance of any product or service promoted by a Client issuing alerts on the service. For example, if a local authority promotes their local library then PinPointAlerts.com is not responsible for any aspect of the library’s service offering.
PinPointAlerts.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.
Assignment
PinPointAlerts.com reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. If PinPointAlerts.com exercises this right it shall name the assignee or subcontractor on the main screen of the PinPointAlerts.com website and you will be entitled to terminate this Agreement immediately. You acknowledge that you may not without the prior written consent of PinPointAlerts.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 PinPointAlerts.com terminates, suspends or otherwise limits access. In the event that a Registered expressly requests to leave the PinPointAlerts.com System, no further communication will be entered into between PinPointAlerts.com and the Registered User.
PinPointAlerts.com reserves the right to terminate the PinPointAlerts.com System at any time. PinPointAlerts.com 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 PinPointAlerts.com for a maximum period of one day. Please review the Privacy Policy at www.PinPointAlerts.com/unsubscribe which includes policy details on data retention.
Any fraud or abuse of the PinPointAlerts.com website, PinPointAlerts.com System etc. will result in the immediate termination of that Member's account.
Any fraud or abuse of the PinPointAlerts.com website, PinPointAlerts.com System etc. or any reason deemed appropriate by PinPointAlerts.com at its sole discretion will result in the immediate termination of that Member's account.
Modifications to PinPointAlerts.com website
PinPointAlerts.com reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the PinPointAlerts.com website and/or the PinPointAlerts.com System (or a part thereof) with or without notice. You agree that PinPointAlerts.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the PinPointAlerts.com website or PinPointAlerts.com System. PinPointAlerts.com shall not be liable to any Member or third party should PinPointAlerts.com exercise its right to modify or discontinue the PinPointAlerts.com System.
Notices
All notices given by PinPointAlerts.com to you will be given by e-mail from an “@PinPointAlerts.com” email address.
by general posting on the PinPointAlerts.com website, depending on the nature of the notice
Entire Agreement
This Agreement constitutes the entire Agreement between you and PinPointAlerts.com and supercedes any prior agreements, arrangements, statements and understandings between PinPointAlerts.com and you.
Waiver
A waiver by PinPointAlerts.com of any breach by any Registered User of any of the terms, provisions or conditions of this Agreement or the acquiescence of PinPointAlerts.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 PinPointAlerts.com'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 PinPointAlerts.com 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 PinPointAlerts.Messaging @pinpointalerts.com