AGREEMENT BETWEEN USER AND BirdWatch Ireland

The BirdWatch Ireland Web Site is comprised of various Web pages operated by BirdWatch Ireland.

The BirdWatch Ireland Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BirdWatch Ireland Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

BirdWatch Ireland reserves the right to change the terms, conditions, and notices under which the BirdWatch Ireland Web Site is offered, including but not limited to the charges associated with the use of the BirdWatch Ireland Web Site.

LINKS TO THIRD PARTY SITES

The BirdWatch Ireland Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of BirdWatch Ireland and BirdWatch Ireland is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BirdWatch Ireland is not responsible for webcasting or any other form of transmission received from any Linked Site. BirdWatch Ireland is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BirdWatch Ireland of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the BirdWatch Ireland Web Site, you warrant to BirdWatch Ireland that you will not use the BirdWatch Ireland Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BirdWatch Ireland Web Site in any manner which could damage, disable, overburden, or impair the BirdWatch Ireland Web Site or interfere with any other party’s use and enjoyment of the BirdWatch Ireland Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BirdWatch Ireland Web Sites.

USE OF COMMUNICATION SERVICES

The BirdWatch Ireland Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations

BirdWatch Ireland has no obligation to monitor the Communication Services. However, BirdWatch Ireland reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BirdWatch Ireland reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

BirdWatch Ireland reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BirdWatch Ireland’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BirdWatch Ireland does not control or endorse the content, messages or information found in any Communication Service and, therefore, BirdWatch Ireland specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BirdWatch Ireland spokespersons, and their views do not necessarily reflect those of BirdWatch Ireland.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO BirdWatch Ireland OR POSTED AT ANY BirdWatch Ireland WEB SITE

BirdWatch Ireland does not claim ownership of the materials you provide to BirdWatch Ireland (including feedback and suggestions) or post, upload, input or submit to any BirdWatch Ireland Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BirdWatch Ireland, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. BirdWatch Ireland is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BirdWatch Ireland’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BirdWatch Ireland WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BirdWatch Ireland AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BirdWatch Ireland WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BirdWatch Ireland WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BirdWatch Ireland AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BirdWatch Ireland WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BirdWatch Ireland AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BirdWatch Ireland AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BirdWatch Ireland WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BirdWatch Ireland WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BirdWatch Ireland WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BirdWatch Ireland WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BirdWatch Ireland OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BirdWatch Ireland WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BirdWatch Ireland WEB SITE.

SERVICE CONTACT : info@birdwatchireland.ie

TERMINATION/ACCESS RESTRICTION

BirdWatch Ireland reserves the right, in its sole discretion, to terminate your access to the BirdWatch Ireland Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Ireland and you hereby consent to the exclusive jurisdiction and venue of courts in Ireland in all disputes arising out of or relating to the use of the BirdWatch Ireland Web Site. Use of the BirdWatch Ireland Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BirdWatch Ireland as a result of this agreement or use of the BirdWatch Ireland Web Site. BirdWatch Ireland’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BirdWatch Ireland’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BirdWatch Ireland Web Site or information provided to or gathered by BirdWatch Ireland with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BirdWatch Ireland with respect to the BirdWatch Ireland Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BirdWatch Ireland with respect to the BirdWatch Ireland Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the BirdWatch Ireland Web Site are: © 2019 BirdWatch Ireland and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Any notifications of claimed copyright infringement arising out of this website should be made to the Service Provider’s Designated Agent in accordance with the procedures laid down under Irish Copyright Law. ALL INQUIRIES NOT RELEVANT TO THE THESE PROCEDURES WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Membership

BirdWatch Ireland is a Company Limited by Guarantee and a Registered Charity. The following summary from the Memorandum and Articles of Association deals with the Guarantee of Members, Appointment and Replacement of Members and Members’ Rights and Obligations. In seeking to become a member of BirdWatch Ireland you should familiarise yourself with the Memorandum and Articles of Association.

Guarantee of Members

Every Member undertakes to contribute to the assets of the Conservancy in the event of the Conservancy being wound up while she/he is a Member or within one year after she/he ceases to be a Member, for:-

• (a) payment of the debt and liabilities of the Conservancy contracted before she/he ceases to be a Member, and of the costs, charges and expenses of winding up; and
• (b) the adjustment of the rights of the contributories among themselves, such amount as may be required not exceeding €1.27 (one euro and twenty seven cents).

Appointment and Replacement of Members

(a) Those persons registered as Members in the register of members of the Conservancy at the date of adoption of this Constitution and such other persons as the Directors shall admit to membership, and whose names are entered in the register of members, shall be the Members and they shall be classed into the following categories of membership: (i) Ordinary Members; (ii) Life Members; (iii) Donor Members; (iv) Corporate Members; (v) Family Members; (vi) Associate Members; (vii) Junior Members and (viii) Youth Group Members and the following rules shall apply to them:

• i. Ordinary Members shall be the subscribers to the Memorandum and Articles of Association and annual subscribers to the funds of the Conservancy of such sum, not being less than €10, as shall from time to time be fixed by the Board and shall be entitled to notice of and to attend and vote at general meetings of the Conservancy;
• ii. Life Members shall be persons who signify to the Secretary their desire to become members for life and who pay such subscription as shall be fixed from time to time by the Board and shall be entitled to notice of and to attend and vote at general meetings of the Conservancy;
• iii. Donor Members shall be any persons who shall give to the Conservancy such property, sum of money or service as shall appear to the Board to entitle such persons to be distinguished as Donor Members and shall be entitled to notice of and to attend and vote at general meetings of the Conservancy;
• iv. Corporate Members shall be groups of persons having a common interest or association and who shall be required to pay such annual corporate subscription as shall from time to time be fixed by the Board and who shall be entitled to notice of and to attend and cast one vote per Corporate Member at general meetings of the Conservancy;
• v. Family Members shall be members of one household who shall pay such annual sum as shall from time to time be fixed by the Board, and who shall be entitled to notice of and to attend and to cast one vote only per Family Member at general meetings of the Conservancy;
• vi. Associate Members shall be persons, other than Ordinary Members, who support the aims of the Conservancy. Associate Members shall pay to the funds of the Conservancy such annual sum as the Board may from time to time direct. They shall not be entitled to vote at general meetings of the Conservancy;
• vii. Junior Members shall be persons in receipt of full-time education or aged not more than 18 years and shall pay to the funds of the Conservancy such annual sum as the Board may from time to time direct. They shall not be entitled to vote at general meetings of the Conservancy;
• viii. Youth Group Members shall be groups of young persons in receipt of full-time education or aged not more than 18 years having a common interest or association and who shall be required to pay such annual sum as shall from time to time be fixed by the Board and who shall be entitled to notice of and to attend and cast one vote only per Youth Group Member at general meetings of the Conservancy;

(b) Admission to membership by decision of the Board under Article 4 (a) shall be on an annual basis for all categories of members except Life Members and Donor Members. Upon payment of their subscription Life Members become Members for life. A Donor Member may be elected to membership either for life or for a specified period at the option of the Board. If elected for a specified period such Member shall cease on the expiration of such period to be a Member of the Conservancy unless elected as a Member.

(c) Admission to membership for all categories of Member shall be at the sole discretion of the Board.

(d) The provisions of Section 169 of the Act (as modified by Section 1201 of the Act) shall be observed by the Conservancy in respect of all Members, and every Member shall either sign a written consent to become a Member or sign the register of members. (Indicating acceptance by ticking the I agree to BWI Terms & Conditions as part of the online membership join and renewal process constitutes written consent in this context)

(e) Every Ordinary, Corporate, Family, Associate, Junior and Youth Group Member shall become liable on election to pay her/his subscription for the ensuing 12 months and thereafter shall be liable each year, on admission by the Board, on the anniversary of her/his election for the amount of his subscription for each subsequent 12 month period and the subscriptions of such Members shall be payable on the anniversary of their election or at such time as the Board may decide but so that the period between successive subscriptions becoming due and payable shall be not less than 12 months. Provided that any such Member may at any time prior to the anniversary of her/his election in any year resign his membership and cease to be a member by sending her/his resignation in writing to the Secretary but, subject to such resignation in writing, every such Member shall be liable for the amount of his subscription as aforesaid. A Member who shall not have paid any payable subscription (determined in accordance with the provisions of Article 4(a)) for any year, on or before the date three months after the anniversary of her/his election shall, ipso facto, cease to be a Member but may (if she/he has the right to do so under these Articles) vote at general meetings of the Conservancy whilst her/his subscription is less than three months in arrears. A Life Member or Donor Member may at any time resign her/his membership and cease to be a member by sending her/his resignation in writing to the Secretary.

(f) The death of, or bankruptcy of, a Member shall terminate his membership with immediate effect.

Members’ Rights and Obligations

(a) Each Member shall, on request, be entitled to be provided with certificate of membership.
(b) Each Member shall use her/his reasonable endeavours to promote the principal objects and the interests of the Conservancy and shall observe all of the Conservancy’s regulations affecting her/him contained in, or effective pursuant to, this Constitution or the Act.
(c) The rights of each Member shall be personal to her/him and shall not be transferable, transmissible or chargeable by her/his own act, by operation of law or otherwise.
(d) Save as provided by these Articles, each Member shall be entitled to notice of, and to attend and vote at, general meetings of the Conservancy.

Donations

BirdWatch Ireland is a Registered Charity No. CHY5703/CRA20008963 and complies with the Governance Code for the Community and Voluntary Sector in Ireland.

Please note that a gift or donation does not constitute a Membership of BirdWatch Ireland. Donors wishing to become members should complete the Become a Member process.

If you wish to make a tax-effective monthly donation of €21, BirdWatch Ireland will receive an additional €112 top-up from Revenue at no extra cost to you provided that you are resident and pay tax in Ireland and provide a PPS number.

Acceptance of any contribution, gift or grant is at the discretion of BirdWatch Ireland. BirdWatch Ireland will not accept any gift unless it can be used or expended consistently with the purpose and mission of BirdWatch Ireland.

BirdWatch Ireland reserves the right to determine how any gift made as a regular recurring donation may be used to further the purpose and mission of BirdWatch Ireland in accordance with the Memorandum and Articles of Association.

No irrevocable gift, whether outright or life-income in character, will be accepted if under any reasonable set of circumstances the gift would jeopardize the donor’s financial security.

BirdWatch Ireland refrains from providing advice about the tax or other treatment of gifts and encourages donors to seek guidance from their own professional advisers to assist them in the process of making their donation.

Birdwatch Ireland will respect the intent of the donor relating to gifts made in response to Appeals for specific restricted purposes and those relating to the desire to remain anonymous. With respect to anonymous gifts, Birdwatch Ireland will restrict information about the donor to only those staff members with a need to know.

Birdwatch Ireland will not compensate, whether through commissions, finders’ fees, or other means, any third party for directing a gift or a donor to Birdwatch Ireland.

Memorandum and Articles of Association