TERMS & CONDITIONS OF USE
The following are the Terms and Conditions that govern use of the fog.ie website. Your access to and use of the Site, and the Services and Content made available to you/and or your agents on the Site, is subject to the Terms, so please read them carefully. By using the Site, you are agreeing, and signifying your agreement to be bound by the Terms.
(a) The Service means the supply of online access through the fog.ie database (www.fog.ie) and information services, all as selected by the User (below). (b) A User is a person or Group who has contracted to access the Service through passwords issued upon registration. (c) If you wish to use the fog.ie website, you must first register; you will be unable to use the fog.ie Platform unless Registered. To view a document you must firstly buy credits to access fog.ie records. The information obtained is the actual document as uploaded to the fog.ie Platform by the User and/or their appointed agents. fog.ie/FOG Database Ltd will not be held responsible for inaccurate information uploaded to the fog.ie Platform by any 3rd Party.
fog.ie reserves the right to modify the Terms at any time and at its sole discretion and without notice to the User. It is the responsibility of the User to regularly review the Terms for any modifications. By continuing to use the Service, the User agrees to be bound by the amended Terms.
This Site, its Contents and Services are intended for Users on the World Wide Web. fog.ie makes representations that the Site, Content or Services are appropriate or available for use from outside the Republic of Ireland. Any User who accesses this Site from outside the Republic of Ireland do so at their own risk and are responsible for compliance with applicable laws in their country.
All questions relating to this websites validity, interpretations, performance and enforcement, including the Terms, shall be subject to Irish law and to the jurisdiction of the Irish Courts.
5. USER ACCOUNT, PASSWORD AND SECURITY
The User/and or their agents are entirely responsible for maintaining the confidentiality of the Users password and account, and for any and all activities which occur under the Users account or password. The User agrees to immediately notify fog.ie and/or the registered owner of the site (FOG Database Ltd) of any unauthorised use of the Users account, password or any other breach of security known to the User/and or their agents. fog.ie/FOG Database Ltd will not be liable for any loss that the User may incur as a result of unauthorised access of the Users password or account, either with or without the Users knowledge. However the User may be held liable for losses incurred by fog.ie/FOG Database Ltd or any other party as a result of someone else using or accessing the Users password or account. The User will not use anyone else’s account at any time without the permission of the account holder. The User may change his/her password or profile by following instructions on the ‘self managed’ Site.
6. SOFTWARE AND DATABASE LICENCE 1110957.1
fog.ie/FOG Database Ltd grants to the User for the term of the Agreement a nonexclusive, non-transferable licence to use the Service. All material made available on the Site belongs to fog.ie/FOG Database Ltd or its Licensers. fog.ie/FOG Database Ltd or its Licensers own all the intellectual property and other rights in the content of the Site (including trade marks, text graphics, button icons, images and audio clips) and the selection and arrangement of that content. The Service is provided on the basis that the User/and or their agents shall at their own expense provide and maintain the computer and telecommunications equipment and software conforming to fog.ie/FOG Database Ltd recommendations, which are necessary to utilise the Service. The User shall not access or use the Service other than through the normal operation. Hyperlinking: Linking to us at www.fog.ie. We welcome and encourage other websites to link to www.fog.ie. You must contact fog.ie seeking permission to either charge your website’s users to click on a link to any page on www.fog.ie or to claim that your website is associated with or endorsed by www.fog.ie. Links to external websites. Links on www.fog.ie will lead to other websites which are not under our control. We are not responsible for the content of any linked site. Listing and linking should not be taken as an endorsement of any kind and we accept no liability in respect of the content. We cannot guarantee that these links will work all the time and have no control over the availability of the linked pages.
7. USER COVENANTS
The User and/ or their agents covenants and undertakes to:
(a) treat (and cause its employees to treat) as strictly private and confidential all information and software to which the User has access through the Service and it will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person or party whatsoever, other than as may be expressly authorised by virtue of Clause 7(c) below.
(b) maintain strict security as to the Service and restrict the password(s) and access to the Service to those who need access for the purposes of the Users business.
(c) use information obtained from the Service only for the purposes of and in relation to the User’s usual business and in no event cause or permit to be published, printed, downloaded, transmitted or reproduced in any form any part of databases or information obtained via the Service (whether directly or in condensed, selective or tabulated form) whether for resale or redistribution or otherwise except on terms expressly authorised in writing pursuant to Clause 10.
8. TERM AND TERMINATION
fog.ie/FOG Database Ltd reserve the right to terminate all or part of the Services at any time without notice, and without issuing any refunds if the User/and or their agents are found to be in breach of the Terms or found to have purposely entered false or misleading data on the site. fog.ie/FOG Database Ltd shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Service or any part thereof. fog.ie/FOG Database Ltd reserve the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription.
9. DISCLAIMER OF WARRANTIES
fog.ie/FOG Database Ltd provides the Site and Services on a no obligation basis, and the User uses the Site and Services at their sole risk. fog.ie/FOG Database Ltd shall not be responsible for the effect or result of the introduction or entry of any virus into the Site and/or one or any of the Services. The www.fog.ie website and material relating to Users information, products and services (or to third party information, products and services), is provided “as is”, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Links to third party sites are provided to improve access to information and exist only for the convenience of those who use this website. www.fog.ie does not monitor the content of third – party websites and cannot accept responsibility for their content or guarantee their availability. fog.ie does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the www.fog.ie website. Any information published on this website is intended for use as information or for monitoring purposes and should not be considered as otherwise.
fog.ie/FOG Database Ltd makes no warranty that the Site or Services will meet the Users requirements; nor that the Site or Services will be uninterrupted, timely, secure, or error free; nor does fog.ie/FOG Database Ltd make any warranty as to the results that may be obtained from the use of the Site or Services; nor as to the accuracy or reliability of any information obtained through the Site or Services; nor that defects in the Site or Services will be corrected.
10. LIMITATION OF LIABILITY
fog.ie/FOG Database Ltd shall not be liable for any loss of use, delay, interruption of business, or any direct or indirect, special, incidental, or consequential damages or any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if fog.ie/FOG Database Ltd has been advised of the possibility of such damages, howsoever arising, out of the use of the Site or Services.
The User/and or their agents agree to indemnify, defend and hold fog.ie/ FOG Database Ltd, its affiliates, officers and employees harmless from any loss, liability, claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of the Users use of the Service or any part thereof, the violation of the Terms or any provision therein by the User/and or their agents, or the infringement or misappropriation by the User, or a third party using the Users computer, of any account or password to access and/or use the Services, or of any intellectual property rights of any person or entity, or the use or misuse by the User or third parties of the Users passwords or accounts.
The terms of this Agreement are several and if any one or more of them is held to be illegal, invalid, the remainder shall continue in full force and effect. This Agreement may not be assigned to sublet by the User nor may other members of any group of which the User is a member have access to the Service, without the advance written consent of fog.ie/FOG Database Ltd, but fog.ie/FOG Database Ltd may assign both benefit and burden of this Agreement.
Any waiver (express or implied) by either party of any breach of the Terms shall not constitute a waiver of any other or subsequent breach. No provision of the Terms will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice fog.ie/FOG Database Ltd failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by fog.ie/FOG Database Ltd in writing.
13. COPYRIGHT NOTICES
Main copyright notices Save where otherwise specified the contents of all the pages contained in this Site are © FOG Database Limited 2014. All Rights Reserved.
Reproduction of part or all of the contents of the pages in any form is prohibited other than in accordance with the following permissions. You may make an electronically stored, transient copy of these pages of this Site for the exclusive purpose of personal/Group on-line viewing. Assertion of moral rights save where otherwise specified the author(s) of the literary and artistic works set out in the Pages contained in this Site has/have asserted his/her/their moral rights to be identified as the author of those works. Their identities are set out in the pages of the Site containing their works.
14. GOVERNING LAW
These terms and conditions shall be governed by Irish law and any dispute hereunder shall be determined by the Courts of Ireland.
15. CREDIT BASED PLATFORM ADDITIONAL TERMS AND CONDITIONS
1) Waste Producers, their Service Providers and all Regulatory Inspectorate, can register here: https://www.fog.ie/register/. Once the registration application is submitted, and approved, you will be provided with access credentials.
2) Approved Service Providers have the ability to create individual Waste Producer accounts on behalf of all their Customers. When a Service Provider creates a Waste Producer Account, that Waste Producer immediately receives access credentials.
3) NB: Waste Producers will be assigned to a Regulatory Inspectorate to ensure that Compliance is achieved.
4) Waste Producers and Service Providers have the ability to upload Service documents at a cost of 1 credit per document. Waste Producers and Service Providers also have the ability to view / download a document assigned to them at a cost of 1 credit per document.
5) Each uploaded document is assigned to an individual Waste Producer under the ‘Polluter Pays Principle’.
– 5.1) If a Service Provider is uploading a document, they select which Waste Producer (Client) this document is applicable to.
– 5.2) If a Waste Producer is uploading a document, this is automatically assigned to their own account.
6) Regulatory Inspectorate have access to documents relating to Waste Producers which are assigned to their area.
7) Regulatory Inspectorate can view / download a document to which they have access to at a cost of 1 credit per document.
8) Regulatory Inspectorate carry out ‘Desktop’ Inspections of all uploaded data for each Waste Licence Holder in their area.
9) Only the Inspectorate/ the Waste Producer and/or the Service Provider involved in the works can view that recorded data.
10) 20 Credits are issued automatically FOC upon Registration; thereafter all parties must purchase Credits in order to upload/download data.
11) Data is shared with respective 3rd parties through consent i.e. by uploading documents onto fog.ie consent is then agreed and binding.
12)The fog.ie Platform can be adapted for other (i.e. non waste related) purposes by Users to store Services Documents for ‘on the fly’ viewing e.g. if in a meeting/ on the road or away from the office and data retrieval is required in a hurry.
-12.1) After initially uploading ‘Confidential’ Data that can then be viewed, as and when required, only by that fog.ie User at no additional charge. i.e. the only cost borne is when initially uploading the data.
-12.3) N/B No other 3rd Party is privy to a fog.ie Users ‘Confidential’ Data file i.e. this data is not shared; only the User responsible for initially uploading documents can view this Data.