Guidance Document on Acceptable Usage of Probation Service Community Based Organisations Database

1. General
This website (the “Website”) is operated by the Probation Service (“We”, “us” or “our”). Please read the following terms and conditions (the “Terms and Conditions”) carefully as they set out the basis upon which we will grant you access to the Website Once you have read these Terms and Conditions click the “Accept” button to proceed. By clicking the “Accept” button, you will be deemed to have accepted these Terms and Conditions.
We may revise these Terms and Conditions at any time and for any reason. Any such revised terms shall be posted on the Website and where such revisions are material they shall be notified to you by means of a notice on the Website indicating the date of revision and you shall be asked to confirm your acceptance to such revised Terms and Conditions by clicking on an acceptance icon
These Terms and Conditions shall be governed by the laws of Ireland. The courts of Ireland shall have exclusive jurisdiction over any claims or disputes arising in relation to, out of or in connection with these Terms and Conditions.

2. Description of the Website
This Website provides Community Based Organisations funded by the Probation Service with the ability to submit funding application, financial returns and progress reports.

3. Intellectual Property
We own or licensed to use all intellectual property rights (including all copyrights, patents, trade marks, database rights, trade secrets whether registered or unregistered) which subsist in the Website, its content (and underlying software (the “Materials”).
Subject to compliance at all times with these Terms and Conditions, you are granted a limited non-exclusive, non-transferable licence, solely to the extent reasonably required for purposes, related to funding by the Probation Servic.

4. Access To Services
Only individuals authorized by the subscribing organization may access and use the Online Services.

5. Passwords
When you register with us as a funded Community Based Organisation you will be issued with unique password which allows you to access database in accordance with these Terms and Conditions. You are responsible for the security and proper use of this password and must take all reasonable steps to ensure that the password is kept confidential and is not disclosed to anybody else. You agree to notify us immediately if your password is lost or misused. Subject to appropriate security checks, you will be issued with a new password.
We reserve the right to suspend or terminate forthwith your right to use you database if we have reason to believe that your password is being misused. Website Access.
We will use reasonable endeavours to ensure that the Website is fully operational at all times. However, due to the nature of interactive services and the internet generally, we cannot guarantee that the Website will be free from delays, interruptions or errors and access to the Website may be suspended (whether by us or due to external causes) temporarily and/or without notice. We will not be liable for any loss or damage arising from the Website not being available (whether for internal processing reasons or otherwise).
We may restrict, suspend or terminate your use of the Website if it believes that you have breached these Terms and Conditions at any time. The suspension or termination of the Website will be without prejudice to any rights which we may have against you in respect of your breach of these Terms and Conditions.

6. Limitation of Liability
Whilst all reasonable efforts are made to ensure that any information contained on the Website is), we give no representations or warranties, express or implied in relation to the accuracy or completeness of said information.
Due to the fact that we cannot guarantee that our website will be fault free or that the information contained on the Website will be correct, we do not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of the website or the information contained therein (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in connection with the Website).

7. Confidentiality and Use of Information
The Probation Service reserves the right to use any information or materials supplied to it by the CBO, always providing that disclosure of such information in no way contravenes the letter or spirit of this Agreement with respect to confidentiality. The CBO hereby consents to the Probation Service reproduction and/or publication of the annual report to be provided in accordance with clause 4.3 of the funding agreement and/or extracts there from. Copyright will remain with the CBO and due notification will be given.
The CBO shall not during the term of this Agreement or at any time thereafter make use for its own purposes or disclose to any person (except as may be required by law) any information contained in any material provided to the CBO by the PS pursuant to this Agreement where such information has been indicated to be confidential or might reasonably be deemed to be so.
The Probation Service shall not during the term of this Agreement or at any time thereafter, make use for its own purposes or disclose to any person (except as may be required by law) any information contained in any material provided to it by the CBO pursuant to this Agreement where such information has been indicated to be confidential or might reasonably be deemed to be so.
The parties hereto agree to respect the confidentiality of information concerning the employees of either party which may, from time to time, become available to them and to abide by the provisions of the Data Protection Act 1988 and 2003 and the Freedom of Information Act, 1997 and 2003. For the avoidance of doubt copyright in any documents or other materials whatsoever furnished by the PS to the CBO and by the CBO to the PS shall remain in the ownership of the party furnishing such documents or materials to the other.

8. Data Protection - Data Protection Act
Personal information supplied will be stored by electronic means e.g., database, for use only in connection with the business of the Probation Service The provisions of the Data Protection Act, 1988 and the Data Amendment Act, 2003 and the Freedom of Information Act 1997 will be fully complied with.