Terms and conditions

Website Terms and Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of this website.

1.2 By using this website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

1.3 This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to the NRH Foundation’s use of cookies in accordance with the terms of the NRH Foundation’s privacy policy and cookies policy and of any applicable laws of the Republic of Ireland and the EU.

Where applicable (for example in the sale of goods and services) the site is governed by the laws of the Republic of Ireland and EU.

By using this website and accepting these terms & conditions you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.1 Copyright (c) 2020 NRH Foundation.

2.2 Subject to the express provisions of these terms and conditions:

(a) the NRH Foundation, and / or its licensors, own and control all the copyright and other intellectual property rights in this website and the material on this website; and

(b) all the copyright and other intellectual property rights in this website and the material on this website are reserved subject to any licence contained in Section 3.

3. Permission to use website

3.1 You may:

(a) view, download and print pages from this website for your own personal use subject to the restrictions set out in Section 3.2;

(b) stream audio and video files from this website, using the media player on this website; and

subject to the other provisions of these terms and conditions.

3.2 You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-licence material from this website;

(d) edit or otherwise modify any material on this website;

(e) redistribute material from this website [except for content specifically and expressly made available for redistribution]. Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

3.3 Notwithstanding Section 3.2, you may redistribute our newsletter in print and electronic form to any person.

3.4 The NRH Foundation reserves the right to suspend or restrict access to this website, to areas of this website and/or to functionality upon this website. The NRH Foundation may, for example, suspend access to the website during server maintenance or when the NRH Foundation updates the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a) use this website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use this website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of this website without the NRH Foundation’s permission;

(e) circumvent any authentication or security systems or processes on or relating to this website;

(f) use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on this website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to this website without the NRH Foundation’s permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the NRH Foundation’s express written consent;

(j) access or otherwise interact with this website using any robot, spider or other automated means.

(k) use this website except by means of the NRH Foundation’s public interfaces;

(l) violate the directives set out in the robots.txt file for this website;

(m) use data collected from this website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

(n) do anything that interferes with the normal use of this website;

(o) use this website to transmit or send unsolicited commercial communications.

4.2 You must not use data collected from this website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to the NRH Foundation through this website, or in relation to this website, is true, accurate, current, complete and non-misleading.

5. Products

5.1 The advertising of products on this website constitutes an “invitation to treat” rather than a contractual offer.

5.2 We may periodically change the products available on this website, and we do not undertake to continue to supply any particular product or type of product.

5.3 Prices stated on this website may be stated incorrectly.

5.4 The sale and purchase of products through this website will be subject to terms and conditions of sale, and you will be asked to agree to the terms of that document each time you make a purchase on this website.

5.5 Any product reviews that you submit for publication on this website shall be subject to the terms of Section 6 and Section 7.

6. Our rights to use content

6.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to the NRH Foundation or this website for storage or publication on, processing by, or transmission via, this website.

6.2 You grant to the NRH Foundation a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media portals to promote the NRH Foundation.

6.3 You grant to the NRH Foundation the right to sub-license the rights licensed under Section 6.2.

6.4 You grant to the NRH Foundation the right to bring an action for infringement of the rights licensed under Section 6.2.

6.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

6.6 You may edit your content to the extent permitted using the editing functionality made available on this website.

6.7 Without prejudice to the other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

6.8 The personal stories, images and photography used on the site have been used with the kind permission of families and supporters and are strictly for use only by the NRH Foundation.

6.9 The NRH Foundation ensures that the prior written consent of patients and families, whose photographs have been uploaded onto this website, has been obtained.

6.10 The NRH Foundation reserves the right to include content from sites including but not limited to YouTube and Facebook. The NRH Foundation does not control the privacy practices of these other sites. Users of such sites take full responsibility for their own content. The NRH Foundation uses its reasonable endeavours to protect the interests of the individuals featured in the content on this website.

7. Rules about your content

7.1 You warrant and represent that your content will comply with these terms and conditions.

7.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3 Your content, and the use of your content by the NRH Foundation in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence

(m) be pornographic

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

8. Report abuse

8.1 If you learn of any unlawful material or activity on this website, or any material or activity that breaches these terms and conditions, please let us know.

8.2 You can let us know about any such material or activity by email.

9. Indemnity

9.1 You hereby indemnity the NRH Foundation and undertake to keep the NRH Foundation indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the NRH Foundation to a third party in settlement of a claim or dispute on the advice of the NRH Foundation’s legal advisors) incurred or suffered by the NRH Foundation arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.

10. Limited warranties

10.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on this website;

(b) that the material on this website is up to date;

(d) that this website or any service on the website will remain available.

10.2 The NRH Foundation reserves the right to discontinue or alter any or all of this website’s services, and to stop publishing this website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if the NRH Foundation stops publishing the website.

10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, the NRH Foundation excludes all representations and warranties relating to the subject matter of these terms and conditions, this website and the use of this website.

11. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3 To the extent that this website and the information and services on this website are provided free of charge, the NRH Foundation will not be liable for any loss or damage of any nature.

11.4 The NRH Foundation will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5 The NRH Foundation will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6 The NRH Foundation will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7 The NRH Foundation will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8 You accept that the NRH Foundation has an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that the NRH Foundation is a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these terms and conditions

12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if the NRH Foundation reasonably suspects that you have breached these terms and conditions in any way, the NRH Foundation may:

(a) suspend your access to this website;

(b) block computers using your IP address from accessing this website;

(d) commence legal action against you, whether for breach of contract or otherwise.

12.2 Where the NRH Foundation suspends or prohibits or blocks your access to this website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Third party websites

13.1 This website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

13.2 The NRH Foundation has no control over third party websites and their contents, and subject to Section 11.1 the NRH Foundation accepts no responsibility for them or for any loss or damage that may arise from your use of them.

14. Trade marks

14.1 The NRH Foundation’s logo and our other registered and unregistered trade marks are trade marks belonging to the NRH Foundation; The NRH Foundation gives no permission for the use of these trade marks, and such use may constitute an infringement of the NRH Foundation’s rights.

14.2 The third party registered and unregistered trade marks or service marks on this website are the property of their respective owners and, unless stated otherwise in these terms and conditions, the NRH Foundation does not endorse and are not affiliated with any of the holders of any such rights and as such the NRH Foundation cannot grant any licence to exercise such rights.

15. Variation

15.1 The NRH Foundation may revise these terms and conditions from time to time.

15.2 The revised terms and conditions shall apply to the use of this website from the date of publication of the revised terms and conditions on this website. Please check this page regularly to ensure that you are familiar with the current version.

16. Assignment

16.1 The NRH Foundation may assign, transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions.

16.2 You may not transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

17. Severability

17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

18.1 A contract under these terms and conditions is for the benefit of the NRH Foundation and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. The following additional terms and conditions apply when you Text to Donate:

Texting the word NRH to 50300 will donate €4 to the NRH Foundation.

Tests cost €4. NRH Foundation will receive a minimum of €3.60.

Service Provide: LIKECHARITY. Helpline: 01 481 9311.

20. The following additional terms and conditions apply when you purchase products from our online shop:

20.1 Your Status: To place an order through this website you must be at least 18 years old and you must be legally capable of entering into binding contracts.

20.2 The Availability of Orders: Orders for products made through this website are subject to stock availability and all dimensions are approximate. The NRH Foundation reserves the right to decline to supply any individual or company.

The NRH Foundation has made every effort to ensure that all product colours are accurately reproduced on the website, but the NRH Foundation cannot guarantee that they are totally accurate for all products.

20.3 Your Contract for the Supply of Products: There will be no contract between you and the NRH Foundation until you receive a confirmation email detailing your order details and/or reference number of your order.

20.4 Prices: Prices of all products on the website are inclusive of valued added tax (VAT). Delivery charges will be charged separately to the displayed sale price and will vary depending on the size and delivery method of the products ordered. The delivery charge for the products will be displayed on screen before you confirm your order.

20.5 Payment: Payment can be made online with the following payment methods accepted: Credit Card or Visa Debit Card.

20.6 Fulfillment of Delivery: Products will be dispatched for delivery within three working days from receipt of your order, and your order will be fulfilled by any date set out in the email confirming your order. Delivery date will depend on the products ordered, the delivery method chosen and the delivery location.

If you order more than one product you should be aware that products might be delivered separately.

20.7 Cancellations, Returns and Refunds Policy: You have the right to cancel the order with us for up to seven working days after the delivery of the products, unless the products are perishable or personalized for you. In such an event, you are not entitled to cancel this order. Details of how to cancel an order will be sent with the order confirmation.

In the event that the product has been dispatched at the date of receipt of your cancellation of the order, you must return the product to us and the NRH Foundation will credit your payment method with the price of the relevant products within 30 days beginning with the date on which you notified us of the cancellation.

If you do not return the relevant products within 30 days of notification of cancellation, you will be deemed to have accepted it at which point a new purchase contract will be made and you will be charged for your order at the price set out on this website. This does not affect your statutory rights.

If you are returning a product because of an error on our part, you must contact us in advance and the NRH Foundation will refund the cost incurred by you in returning the product otherwise you will be responsible for those charges.

For your protection, the NRH Foundation recommends that you use recorded delivery service when returning products or otherwise obtain An Post proof of posting or insurance cover to the value of the unwanted products. As stated above, you will be responsible for the cost of returning any products unless they have been delivered to you in error, or are faulty.

21. Law and jurisdiction

21.1 These terms and conditions will be governed by and construed in accordance with the laws of the Republic of Ireland and EU.

22. Our details

22.1 This website is owned and operated by the NRH Foundation.

22.2 The NRH Foundation is registered in Ireland under registration number CRA 20013196 and our registered office is at the National Rehabilitation Hospital (NRH), Rochestown Avenue, Dun Laoghaire, Co. Dublin.

22.3 The NRH Foundation’s principal place of business is at National Rehabilitation Hospital (NRH), Rochestown Avenue, Dun Laoghaire, Co. Dublin.

22.4 You can contact us:

(a) by post, to the postal address given above;

(b) using this website contact form;

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