Terms and Conditions
join.cwpsonline.ie is an on-line services portal operated by the CWPS designed to allow registered users (entities and individuals) to register (subject to approval) as participating employers in the CWPS. In consideration of the CWPS granting approval to you to electronically transmit information on this Portal it is agreed that access to and use of this on-line services portal (the “Portal”) is governed by the terms and conditions set out below (the “Terms”).
These Terms are important and are for the protection of both you and the CWPS. Please take time to read them carefully. By proceeding further and clicking on the “agree” button, you will be deemed to have accepted these Terms. If you do not accept these Terms you will not be permitted to use this Portal. Each time you use the Portal you reaffirm your agreement to be legally bound by these Terms.
In consideration of you agreeing to be bound by these terms, CWPS grants you a non-exclusive, non-transferable right to use the Portal.
1. Accessing our Portal
1.1 Access to our Portal is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on or via our Portal without notice. The CWPS will not be liable if for any reason the Portal is unavailable at any time or for any period.
1.2 You are responsible for making all arrangements necessary for you to have access to our Portal. You are also responsible for ensuring that all persons who access our Portal through your internet connection are aware of these Terms, and that they comply with them.
2. Terms of Use
2.1 The Portal is solely for use by prospective CWPS participating employers.
2.2 Only those entities and individuals which have been authorised to use this Portal by the CWPS are permitted to use the Portal, and only employees of those entities or their agents are allowed to log in to the Portal to view or enter data to the Portal.
2.3 Any unauthorised use of this Portal is strictly prohibited. The Portal may only be used by those entities (inclusive of their employees and agents) and individuals who have been authorised by the CWPS to do so and only for the purposes set out at clause 5.1 below.
Except as expressly set out in these Terms or as permitted by any local law, you undertake:
4. Changes
7.2 You acknowledge that the CWPS are the owner or the licensee of all intellectual property rights in the Portal, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.3 Subject to these Terms, the CWPS grants each authorised user a non-exclusive, non-transferable, limited, revocable right to access and use the Portal and the material displayed thereon solely for the purposes set out in clause 5.1 and on the terms set out in these Terms. However, no right, title, or interest in any such materials on, or features or component of, the Portal will be transferred to users as a result of any permitted use of such materials.
8. Submission of Information to the CWPS
8.1 In the event of and in your transmitting material to the CWPS using the Portal, the CWPS has no responsibility for the accuracy, veracity and completeness of such material and for any errors in the manner of its input via the Portal.
9. Reliance on information on the Portal
Commentary and other materials posted on our Portal are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Portal, or by anyone who may be informed of any of its contents.
10. Our Liability
10.1 This Portal is provided by the CWPS on an “as is” basis. To the fullest extent permitted by applicable law, the CWPS disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, compatibility, security, accuracy or infringement. Neither the CWPS, any of our affiliates, nor any of our respective licensors, licensees, service providers or suppliers warrant that this Portal or any function contained in this Portal will be uninterrupted or error-free, that defects will be corrected, or that the Portal or the servers that make this Portal available are free of viruses or other harmful components.
10.2 The material displayed on our Portal is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the CWPS excludes:
(a) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Portal or in connection with the use, inability to use, or results of the use of our Portal, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11. Links from our Portal
Some pages on this Portal may contain hypertext links to websites not maintained by us. You are reminded that when you enter other websites via such hypertext links, you will not be subject to these Terms and you will not benefit from the protections afforded to you in using our Portal. These links are provided solely as a convenience to you and not as an endorsement by the CWPS of the content on such third party websites. The CWPS is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party websites. We will not be liable in any way for the content, availability or use of such linked websites and you use such links entirely at your own risk.
12. Misuse
12.1 You must not misuse our Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Portal, the server on which our Portal is stored or any server, computer or database connected to our Portal. You must not attack our Portal via a denial-of-service attack or a distributed denial-of service attack.
12.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Portal or to your downloading of any material posted on it, or on any website linked to it.
13. Miscellaneous
13.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure the transfer does not affect your rights.
13.2 These Terms constitute the entire agreement between the CWPS and you with respect to your access to and use of the Portal and any third-party website accessed through the Portal.
13.3 If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
13.4 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14. Governing Law and Jurisdiction
This Portal is operated in Ireland in accordance with the laws of the Ireland and will be governed by the laws of Ireland. When you use the Portal, you accept that your use of the Portal and any information on the Portal, will also be governed by the laws of Ireland. The courts of Ireland will have exclusive jurisdiction over any claim or disputes arising from, or related to, a visit to or use of this Portal.
15. Communications between us
If we have to contact you or give you notice in writing, we will do so by email to the address you provide or confirm to us.
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