Terms & Conditions
The information on this site is the copyright property of IPPN. Permission must be sought and granted for any use of these materials herein.
TextaParent.ie Terms and Conditions
Registration and use of TextaParent.ie shall automatically bind a User to these terms and conditions. Activation of the services shall be regarded as consent by the User to all of these terms and conditions. The entity that is filled in under "Company" during online registration is the entity that will be bound to these terms and conditions.
AGREEMENT
TextaParent.ie reserves the right to refuse to accept and/or execute an order or request to do business without giving any reasons therefore.
TextaParent.ie also reserves the right to cancel orders in whole or in part in TextaParent.ie’s sole and absolute discretion. TextaParent.ie shall only be liable to refund monies already paid by the User.
CHANGES AND AMENDMENTS
TextaParent.ie expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the TextaParent.ie web site without prior notice.
TextaParent.ie reserves the right to change and amend the prices and rates quoted on its website without any notice.
The User undertakes to check the TextaParent.ie website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the web site.
THE SERVICES
The delivery of SMS messages is largely dependent on the effective functioning of network operators’ cellular networks, network coverage and the SMS recipient’s mobile handset.
TextaParent.ie cannot guarantee the availability of the service or delivery of SMS messages.
TextaParent.ie shall make all reasonable endeavours to ensure uninterrupted and continued use of the service.
Network operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event TextaParent.ie shall be entitled to modify, enhance, develop or discontinue its services to Users without notice.
TextaParent.ie shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
TextaParent.ie reserves the right to change or terminate the services and/ or alter these terms and conditions for provision of the service at any time.
Messages shall be deemed to have been delivered when TextaParent.ie has sent the messages to the immediate destination that it is requested to do including, but not limited to, mobile telephone networks, SMTP or other servers.
USER ACKNOWELDGEMENTS AND UNDERTAKINGS
Users acknowledge and understand that TextaParent.ie acts as a conduit for the provision of information and content.
Users acknowledge that TextaParent.ie shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User.
Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered.
It shall be the sole responsibility of Users to ensure awareness of all applicable laws, regulations and Codes of Conduct to which they may be subject and to ensure compliance therewith.
Users may not use, or knowingly allow others to use, the SMS service for any purpose that may bring TextaParent.ie’s name into disrepute, or for any purpose that, in TextaParent.ie’s sole and absolute discretion, is improper, immoral or undesirable.
Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the bona fide activities of TextaParent.ie or the interests or goodwill of TextaParent.ie, nor any network operator.
Users may not use TextaParent.ie’s service to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.
TextaParent.ie bears no responsibility for the individual or groups of mobile phone numbers maintained and selected for use by registered users.
It is a legal requirement to offer a free of charge opt out option
with all marketing SMS, this can be an email or a reply mobile number. With school to parents communication, the parent must contact the school directly to opt out of school communication.
In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint against a User being received by TextaParent.ie, then TextaParent.ie may in its sole discretion terminate services to a User without a refund of credits and without prejudice to any other rights that it may have in law or in terms of these terms and conditions.
REGISTRATION AND SECURITY
To register to make use of the services, a User must complete the registration process and must provide TextaParent.ie with up to date, complete and accurate information as requested by TextaParent.ie. Failure to provide accurate and complete information on registration may result in termination of the service.
Users are also required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person.
A User is entirely responsible for any and all activities that occur under its account and Users shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.
Users agree to notify TextaParent.ie immediately of any unauthorized use of its account or any other breach of security.
Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that TextaParent.ie should suffer any damage or loss, civil damages will be claimed.
In the event that a company wishes to replace a person/employee using a TextaParent.ie account, and wishes to prevent this person from accessing the account, the company shall inform TextaParent.ie in writing of this change, and change all details on the account accordingly.
PRIVACY
TextaParent.ie will not monitor, edit, or disclose any personal information about the User or the User’s TextaParent.ie account, phonebook and message content without the User’s prior permission unless TextaParent.ie has a bona fide belief that such action is necessary to conform to legal requirements or comply with legal process; protect and defend the rights, property or legally protectable interest of TextaParent.ie, the User or other third party; enforce any of the provisions of these terms and conditions or protect TextaParent.ie’s business or reputation.
The User agrees that TextaParent.ie may access its account, and message contents in order to respond to service or technical issues and may communicate with the User from time to time for purposes including, but not limited to communicating information regarding any updates, upgrades, notices, or other information.
Users agree that TextaParent.ie shall retain the copyright of databases of Users contact information.
Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of end users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the end user or where specifically required by law to do so.
PAYMENT AND PRICES
TextaParent.ie charges are located on the site.
TextaParent.ie may vary its charges for SMS messages from time-to-time and without prior notice to Users.
Payment security: TextaParent.ie accepts online and cheque payments.
160 characters = 1 credit (this may vary if text messages are being sent in Gaeilge)
The cost of a credit consists of the message cost (network operator), database, User care and handling cost.
USER WARRANTIES AND USER OBLIGATIONS
Users warrant that:
Messages shall comply with all applicable laws, regulations, network operator requirements or code of conduct, which may be applicable in their jurisdiction and the jurisdiction of all persons to whom they cause messages to be delivered;
They shall include their own contact details and identifying particulars in their messages to ensure that complaints are directed at them and not at the network operator;
They shall not send unlawful, obscene, abusive, harassing, threatening or obscene messages to any end user or any other person or persons;
They shall not engage in any fraudulent act in connection with the service offered by TextaParent.ie.
BREACH
Where a User breaches any of these terms and conditions TextaParent.ie shall be entitled to:
- Cancel its agreement with the User
- Suspend or terminate the provision of services to the User
- Suspend, disable or terminate the User’s account/s
- Sue for specific performance by the User or
- Claim damages
Where a User account is suspended or terminated due to any breach of these terms and conditions, TextaParent.ie reserves the right to also suspend or terminate all other accounts registered by, or on behalf of, such User, as well as suspend or terminate any account registered by any other person or persons whom TextaParent.ie, in its sole discretion believes is affiliated with the User concerned.
LIMITATION OF LIABILITY, WARRANTEES AND INDEMNITIES
The provisions of this section specify the entire liability of TextaParent.ie whether arising in contract or otherwise and shall survive termination of this agreement for any reason. THE USER HEREBY INDEMNIFIES AND HOLDS TextaParent.ie HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS. TextaParent.ie SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE TextaParent.ie WEBSITE OR THE SERVICE. FURTHERMORE, TextaParent.ie MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR OTHERWISE, THAT, AMONGST OTHERS, THE CONTENT AND TECHNOLOGY AVAILABLE FROM THE WEBSITE ARE FREE FROM ERRORS OR OMISSIONS OR THAT THE SERVICE WILL BE 100% UNINTERRUPTED AND ERROR FREE
The TextaParent.ie web site is supplied on an "as is" basis and has not been compiled or supplied to meet the User’s individual requirements. It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with TextaParent.ie that the service available from and through the website will meet the User’s individual requirements and be compatible with the User’s hardware and/or software.
Users are fully and exclusively liable for any and all risk resultant from the use of the service.
Users agree to hold TextaParent.ie harmless and indemnify TextaParent.ie fully against any claim by any third party, including message recipients or end users, as a result of any systems failure, message delivery failure, message corruption, interruption or termination of service, breach of privacy or breach of data security.
Users indemnify and hold TextaParent.ie harmless against all damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by a User that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes of practice or acceptable usage policies.
Users indemnify and hold TextaParent.ie harmless against any claims, actions or damages from any party as a result of the fraudulent or unauthorised use of the User’s Username and password or loss thereof.
To summarise, but not in replacement of the above points, in no event shall TextaParent.ie be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use or unauthorised use of the services, whether such damages arise in contract, delict, under statute, in equity, at law or otherwise.
PROPRIETARY RIGHTS
All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to IPPN, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site is expressly reserved.
Content from the TextaParent.ie website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of IPPN.
LINKING AND FRAMING
It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of IPPN.
APPLICABLE LAW
These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of Ireland. The TextaParent.ie website is controlled and operated from the Republic Ireland, and thus Irish Law governs the use or inability to use the web site.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between TextaParent.ie and the User.
WAIVER
Any failure by TextaParent.ie to exercise or enforce any right or provision of these terms and conditions shall in no way constitute a waiver of such right or provision.
