Kilkenny Alerts Terms and Conditions

Last Updated: May 25th 2018

1. Definitions

1.1 ‘You’ and ‘Your’ mean the person who is registering for the Service.

1.2 ‘We’, ‘Us’ and ‘Our’ mean Kilkenny County Council, and its employees.

1.3 ‘Service’ means the Kilkenny Alerts System offered on a voluntary basis by Kilkenny County Council. Under this scheme eligible individuals may receive a Message warning of Floods, Road Closure & Scheduled Road Works, Severe weather warnings from Met Eireann, Localized Water Service Disruptions, Boil Water Notices, Road Incidents and Accidents, Community and Miscellaneous Events, Major Emergencies.

1.4 ‘Message’ means information sent to You by SMS text, MapAlerter App notification, email, via facebook, via Twitter.

1.5 ‘Terms and Conditions’ means clauses 1 – 9 inclusive of this document.

2. Eligibility & Subscription to the Service

2.1 To be eligible for the Service You must be resident within, or work within, the geographical area managed by Kilkenny County Council.

2.2 You must be 18 years of age or older to avail of the Service.

2.3 Messages sent by Us to You are free of charge.

2.4 You can join the scheme by registering on Our website (www.kilkennycoco.ie).

2.5 You can register one mobile phone number registered on an Irish network.

2.6 We can not provide the service to any fixed line telephone, a computer capable of receiving text messages or a virtual mobile phone number.

2.7 We will audit the data supplied to us from time to time. If We believe from the information You have supplied that you do not meet the eligibility criteria We will remove You from the Service without notice. We may also contact You to check that the details We hold for You are correct.

2.71 Kilkenny Alerts registered users maintain the right to modify their account by logging in through the website to disable categories/features at any time. Registered Users may terminate their Kilkenny Alerts through their account area at any time.

2.72 Kilkenny Alerts reserves the right to change the mode of services through the System from time to time and any such change will be communicated via the Kilkenny County Council website.

2.8 Once You have subscribed to the Service You will be deemed to have accepted the Terms and Conditions. You must accept the secondary checkbox on the registration form to consent to receiving alerts by SMS text message, email or app notification, which is the core service offering. If you do not wish to receive alerts through any channel then you should not create an account.

3. SMS Service

3.1 You must be the owner, or an authorized user, of the mobile phone You are using for the Service.

3.2 You must tell us immediately if Your phone is lost or stolen, or if You change the mobile number You gave Us. If You do not tell Us, We will continue to send messages to the mobile number You supplied.

3.3 You understand that if Your phone is switched off or out of coverage for an extended period of time (varied depending on network provider) Your network provider may delete any Message received.

3.4 You understand that the Service may, at any time, be adversely affected by problems with Your mobile phone network, including, without limitation, network coverage. We are not responsible or liable to You for any loss, damage, direct or indirect expenses incurred by You as a result of any difficulties experienced with Your mobile phone service provider.

3.5 You are responsible for paying charges on any text messages You send to Us. You will be charged by Your mobile phone service provider according to the tariff You have with Your provider.

3.6 Our Offices are at Kilkenny County Council, County Hall, John Street, Co. Kilkenny R95 A39T. The text messages will be sent to you without the details of our offices.

4. Message Content

4.1 The content of any Message sent from Us is for general information purposes only. Any reliance on this information is at Your own risk.

4.2 Although We will take reasonable steps to ensure that the information contained within the Message is correct, You should be aware that the information may be incomplete, inaccurate or out of date. No liability can be accepted for any inaccuracies or errors.

4.3 Messages will contain only basic information relating to Floods, Road Closure & Scheduled Road Works, Severe weather warnings from Met Eireann, Localized Water Service Disruptions, Boil Water Notices, Road Incidents and Accidents, Community and Miscellaneous Events, Major Emergencies. event. Further information will be available on Our website, www.kilkennycoco.ie. While We will take reasonable steps to ensure the information on Our website is correct, You should be aware that the information may be incomplete, inaccurate or out of date. No liability can be accepted for any inaccuracies or errors. Any reliance on information posted on Our website is at Your own risk. Use of the website is subject to these Terms & Conditions.

4.4 You are further advised that in order for Us to perform the Service We are entirely reliant upon the proper functioning of the systems, which generate the information upon which a decision to send a message is taken and which transmit the message. All reasonable steps will be taken to ensure such technology is regularly serviced and maintained as appropriate.

4.5 Messages may be sent at any time during a 24-hour period, depending on the time the flood emergency occurs. The decision whether, and at what time, to send Messages is at Our discretion.

4.6 Messages may not be sent for reasons beyond our control e.g. lightning strike or such like.

4.7 We may have to interrupt the Service to carry out maintenance, or for reasons beyond our control. We will try and keep such interruptions to a minimum but cannot guarantee that the Service will be available during a flood emergency.

4.8 We may occasionally send out test Messages as part of our Kilkenny Alerts Service test process. Any test messages will be clearly identified.

4.9 We are unable to reply or action any Messages sent from You. If You wish to contact Us about anything, including confirming subscription or a request to unsubscribe, You should contact our Customer Service department. Full details on other ways to contact Us are available from Our website.

5. Unsubscribing

5.1 We will respect Your right to unsubscribe. Once you are logged in into the website you can follow links to “Delete/Close Your Account” which is a self-service process to instantly delete your account.

5.2 You can also unsubscribe from Service by clicking through the “Unsubscribe” link at the footer of all pages on Kilkenny Alerts. You will need to know the Mobile number and Email address you used to register in order to validate and delete your account

6. Feedback

6.1 Should You wish to give Us feedback about the service You can do so by using the Contact Us facility available on Our website.

7. Data Protection & Privacy

7.1 The information collected by Us is used to fulfil Your request to join the Service. Any information You supply to Us will be processed in compliance with the principles set out in the Data Protection Acts 1998 to 2018.

7.2 We reserve the right to contact You from time to time via text, email or app notification for the purposes of research / review of the Service. This will be through online survey or consultation.

7.21 Kilkenny County Council reserves the right from time to time to monitor, review, retain and/or disclose any information or content generated via the messaging service as may be necessary to satisfy any applicable law, regulation, legal process, governmental request or law enforcement agency or ensure compliance with these terms and conditions.

7.3 For further details on Data Protection Policy you should contact Kilkenny County Council, County Hall, John Street, County Kilkenny.

8. General

8.1 This Service is not designed to replace any other existing warning systems. It is designed to enhance the level of information being given to the local communities. Nothing in this Service relieves You from your obligation to take all proper and prudent steps to protect yourself, your dependents and your property.

8.2 We reserve the right to stop the Service at any time, or if required to do so by law.

8.3 To the extent permitted by law, We disclaim all representations or warranties of any kind, whether express or implied. All information, services and other resources are made available “as is” and “as available” without warranty of any kind.

8.4 Neither We, or any of Our information suppliers, offices, employees or agents shall be liable for any loss, damage or expenses arising out of, or in connection with, the use of the information distributed by the Service, including without limitation liability for negligence, incidental or consequential damages and/or loss suffered by any person acting or refraining from action as a result of or in connection with the Service, to include any reliance placed by such person on the Service and any ancillary service.

8.5 To the maximum extent permitted by applicable law, in no event shall We be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, resulting from any loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability or otherwise arising out of or in any way connected with the use or performance of this Service with the delay or inability to use the Service, including for the avoidance of doubt reliance on information provided, with the delay or inability to use the Service, or with the provision of, or failure to make available any information, services, products, materials or other resources available on or accessible through the website, even if advised of the possibility of such damages. Although rigorous protocols are applied to the website Kilkenny County Council does not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.

8.6 We do not guarantee the sequence, accuracy, or completeness of any information or content of the Messages and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damage arising there from or occasioned thereby.

8.7 Without derogaging from the generality of the foregoing, We hereby formally disclaim liability of every kind whatever in relation to any loss or damages which may arise as a result of damage caused to any person or property which may be claimed as being in anyway attributable to the Service offered or any defect in its content or operation.

8.8 You acknowledge and agree that the limitation set forth above are fundamental elements of this agreement and the site would not be provided to you in the absence of such limitations.

8.9 Terms and Conditions may change from time to time. We will inform you of any change and ensure that the Terms and Conditions are published on Our website. You should therefore check periodically for changes. If you do not unsubscribe you shall be deemed to accept those changes whether or not you have reviewed them.

8.10 These Terms and Conditions are governed by Irish Law and any disputes will be settled by the Irish Courts.

9. Integration with our service provider

9.1 Kilkenny Alerts is managed and provided through our service provider, MapAlerter.com. If you register for locations outside of County Kilkenny then you may receive alerts from MapAlerter for these locations. All alerts delivered to You for stored locations within County Kilkenny will be branded from Kilkenny County Council. Otherwise alerts will be branded from MapAlerter.

9.2 By agreeing to these terms and conditions You are also agreeing to be bound by the MapAlerter Terms and Conditions (the third party provider of Kilkenny Alerts) in relation to its provision of the Kilkenny Alerts as found at https://www.mapalerter.com

10. Non Acceptance of these Terms and Conditions

10.1 If You do not agree to these Terms and Conditions We are unable to offer You the Service. You should not register Your details with Us for the purposes of registering for this Service.

Kilkenny County Council, County Hall, John Street, Kilkenny R95 A39T
Tel: +353 (0) 56 7794000 | Fax: +353 (0) 56 7794004 | Email: info@kilkennycoco.ie | Emergency outside office hours: : 1890 252 654
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