Terms and Conditions

Terms and conditions relating to the Keepy Uppy Challenge:

By using the game with Facebook, you give permission for us to post on your behalf, or use your profile picture within the game experience, subject to your privacy settings as you have specified them on Facebook.

The blueseptember.ie website is owned and operated by The Mater Foundation, a company registered under the laws of Ireland.

By using the blueseptember.ie website or registering with blueseptember.ie, users agree to be bound by the followingterms and conditions. The provision of any services by blueseptember.ie for a user shall be subject to these terms and conditions.

In these terms and conditions, the following definitions shall apply:

>”You/User” means any person, firm or company who sponsors a fundraiser via a fundraising page, makes a donation directly to a charity via the blueseptember.ie website, any charity which registers with blueseptember.ie and any other natural or legal persons using this website for any reason, and any of their or its employees, consultants and authorised agents who may use the website from time to time;
“blueseptember.ie” means The Mater Foundation;

“Website” means the website blueseptember.ie (and/or any url registered to the Mater Foundation).

1. Registration/Use
1.1 In using or registering with the Website, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction, or in the case of a company or other User that is not an individual You represent that You have the capacity to enter into a contract with blueseptember.ie. You also agree to provide:

1.1.1 True, accurate, current and complete information about Yourself or Your company or institution and

1.1.2 Maintain and promptly update the date to keep it true, accurate and complete.

1.3 All contracts concluded on this website shall be in the English language

1.4 Please note that blueseptember.ie keep a record of User’s registration details and details of any donations made by or to a User for the duration of any User’s registration with the Website and for a period of [6] years thereafter.

1.5 blueseptember.ie reserves the right to refuse registration of any User at its absolute discretion.

2. Payments and Donations by Credit Card or Direct Debit

2.1 Users making donations by charge card or credit card hereby agree and assure blueseptember.ie that:

2.1.1 all charge card or credit card information supplied is true, correct and complete;

21.2 the person making the donation is duly authorized to use the charge card or credit card for that purpose; and

2.1.3 the donation and the fees will be honored by the donor’s credit card company.

2.2 If You discover that a donation has been made on this website site using Your charge card or credit card details in circumstances where You had not agreed to or authorised this, then (provided You have not, through failure to take reasonable care, allowed an unauthorised person to gain access to Your credit card details or password) blueseptember.ie is required to refund to You the money they receive provided that: (a) You inform Your credit card or charge card company and blueseptember.ie of the unauthorised payment as soon as You discover it; and (b) You co-operate with Your credit card company and blueseptember.ie and, if necessary, the police in relation to the unauthorised use.

2.3 All donations made via the Website are final unless fraudulent use of the card is proven in accordance with clause 2.2.

2.4 As online donations are voluntary, if you change your mind about contributing online to The Mater Foundation for any reason, or if you donate the wrong amount by mistake, The Mater Foundation is happy to honour your decision, as long as you request a refund within 7 days of the date on which you made the contribution so that a refund can be made to your card’s account.

3. Protecting Your password

3.1 It is up to each User to protect their username and password for their blueseptember.ie account. The User is responsible for all activities that occur under its password.

3.2 By accepting these terms and conditions You agree that blueseptember.ie takes no responsibility for fraudulent use of any blueseptember.ie account whereby the username and password has been used to access the account.

3.3 If You believe that Your username and password has been compromised and / or is being used by another person, we recommend that You change Your username and password immediately or contact us using the details on the contact us page.

4. Use of Your donation

4.1 blueseptember.ie takes no responsibility for Your dissatisfaction with the use of Your donation to any charity.

4.2 If You have cause for dissatisfaction with the use of Your donation You may contact the charity directly using the contact details provided on the Website.

5.2 The privacy and security policy is worded in a separate document from these terms and conditions, and may be viewed by clicking here

6. User Conduct and Content

6.1 Users agree to act in a responsible and legal manner when using the Website. Users shall comply with all applicable laws, regulations and rules and undertake not to use the Website or allow the Website to be used for any unlawful purpose, for the commission of any offence or crime under the laws of any jurisdiction to which access is obtained through the website or in a manner which is likely to cause harm, offence or nuisance to any other Internet user.

6.2. In particular, the User agrees not to: – display on the Website, distribute from the Website or provide links from the Website to any pornographic, obscene, offensive, or menacing materials; – display on the Website or use in connection with the Website any pirated software or any copyrighted materials or counterfeit materials without the permission of the copyright holder; – use information obtained in connection with its registration with or use of the Website, or in any way use the Website, to carry out unsolicited mail-bombing or spamming or cause annoyance, inconvenience or anxiety to other Internet users; – use the Website or information obtained in connection with its registration to distribute or deliver any software virus or worms; – use the Website or information obtained in connection with its registration with or use of the Website to distribute, deliver or display any data, material or information which is defamatory, libellous or a hoax; or – display on the Website or use in connection with the Website any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render blueseptember.ie liable to the payment of damages to any third party.

6.3 blueseptember.ie reserves the right to remove or suspend any material posted which is, in its sole opinion, in breach of this clause, or which it suspects to be in breach of this clause at its absolute discretion. blueseptember.ie shall be entitled to terminate a User’s registration for breach of this clause.

6.4 It is Your responsibility to check with blueseptember.ie regarding the suitability and appropriateness of Your chosen fundraising event. Users hereby acknowledge that dangerous events or events that are in poor taste may contravene the fundraising guidelines of the charity You have chosen to fundraise for or bring the charity into disrepute. blueseptember.ie reserves the right to cancel Your fundraising page should blueseptember.ie, in its sole discretion, or the charity for which You are fundraising in its sole discretion, deem Your fundraising event to be inappropriate.

6.5 In addition to any other remedies available to blueseptember.ie pursuant to this Agreement, the User agrees to indemnity and hold blueseptember.ie harmless for any losses, liabilities, costs and expenses of whatever nature, arising as a result of breach of clause 6.2.

7. Links

7.1 The Website contains external links to pages outside the blueseptember.ie domain.

7.2 blueseptember.ie accepts no liability in connection with any third party site accessed via a link from this Website, or any contract entered into or through a third party website. blueseptember.ie does not provide any warranties in respect of the content of any third party websites accessed via a link from this website.

7.3 Any relationship that a blueseptember.ie user forms with any organisation linked to the blueseptember.ie website is the responsibility of the user.

8. Intellectual Property

8.1 The blueseptember.ie name and logo are the property of The Mater Foundation and may not be used isn any way without express written permission from The Mater Foundation.

8.2 The trademarks, copyright and any other intellectual property displayed by Users on this website, including names and logos of charities registered with the website, may not be used or reproduced without the express written permission of the owners of same.

8.3 The blueseptember.ie website contains Intellectual Property which is the proprietary property of blueseptember.ie (“Website IP”). The Website IP includes but is not limited to copyrights and information about technology and may be provided in the form of text, graphic, audio and video downloads, links or source codes. blueseptember.ie retains the rights to the Website IP and reserves all rights in respect of same.

8.4 blueseptember.ie provides information on its website. Users may for personal use only, print copies of the information and temporarily store the files on their network. Website IP is intended only for registered Users of blueseptember.ie and is provided only for Your convenience. blueseptember.ie grants no license or property rights to any such Website IP other than as expressly set out herein.

8.5 With regard to content submitted by Users for their fundraising pages or otherwise (“User Content”), blueseptember.ie does not claim ownership of User Content you submit or make available for inclusion. However, with respect to User Content You submit or make available for inclusion on accessible areas of the Website, You grant blueseptember.ie a world-wide, royalty free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Website solely for the purposes of providing and promoting the services provided on the Website and access to the Content. This license exists only for as long as You elect to continue to include such Content on the Website and will terminate at the time you remove or blueseptember.ie removes such Content from the Website.

9. Changes to these terms and conditions

9.1 blueseptember.ie reserves the right at any time from time to time to modify or discontinue, temporarily or permanently the website with or without notice. You agree that blueseptember.ie shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

9.2 Every time You use the site You are deemed to have understood and accepted the latest terms and conditions as published at the time.

10. Failure to comply with these terms and conditions

10.1 Any User who fails to comply in any way with these terms and conditions may at the sole discretion of blueseptember.ie and without prior notification, be suspended or banned altogether from using the site.

11. Termination

11.1 blueseptember.ie may terminate Your registration with the Website or your use of the Website on written notice (which shall include e-mail) if You are in breach of any of the terms and conditions of this Website and fail to correct such breach within fourteen (14) days following adequate notice from blueseptember.ie specifying the breach or in the case of a breach of clause 8.2, blueseptember.ie may terminate forthwith without notice.

11.2 blueseptember.ie may terminate this your registration with the Website upon written notice (which shall include e-mail) if you are a company and You go into insolvent liquidation, receivership or examinership or you are deemed to be unable to pay Your debts as they fall due within the meaning of section 214 of the Companies Act, 1963 (as amended, extended, consolidates, or replaced), of if you are in individual and You are declared a bankrupt.

11.3 In the event of the use of the site being terminated for any User, that User or organisation will still be bound by the terms and conditions of the site in all matters relating to the site.

11.4 Termination of these terms and conditions for any reason shall not affect the accrued rights of the parties.

12. Limitation of Liability
blueseptember.ie shall use reasonable skill and care in the operation of the Website. However, You hereby acknowledge that:

12.1 blueseptember.ie makes no warranty as to the accuracy, reliability or currency of any information on this Website.

12.2 blueseptember.ie shall not be liable for any interruption or suspension of the Website or related services due to circumstances beyond its control including, without limitation any breakdown in Internet connectivity or security.

12.3 blueseptember.ie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access to or use of this Website, including, without limitation, damage arising as a result of any bugs, trojan horses, viruses, worms or other harmful codes or errors experienced as a result of accessing the Website.

12.4 To the fullest extent permitted by applicable law, blueseptember.ie shall not be liable to any User under contract, tort, equity or otherwise for any loss or damages arising out of our in connection with the User’s use of the Website or the provision of services by blueseptember.ie, whether any of the foregoing are, without limitation, special, incidental, indirect, punitive or consequential and /or, whether any of the foregoing are, without limitation, occasioned by the negligence, fault, error, omission, act or breach of Mychairty.ie, its employees, contractors or sub-contractors.

12.5 Without prejudice to the generality of the foregoing, under no circumstances shall blueseptember.ie be liable to any User for any consequential, economic or indirect loss or damages, loss of profits, revenue, business, capital, administrative time or loss of or loss of use of data or software, howsoever arising.

12.6 blueseptember.ie EXPRESSLY DISCLAIMS ALL AND SHALL NOT BE DEEMED TO HAVE GIVEN ANY WARRANTIES, EXPRESS OR IMPLIED (BY LAW OR OTHERWISE), AND (OTHER THAN AS SET OUT IN THIS AGREEMENT). THE COMMISSION EXPRESSLY DISCLAIMS AND EXCLUDES ALL TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, IN CONNECTION THIS WEBSITE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW ALL CONDITIONS AND WARRANTIES IMPLIED BY SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980 ARE HEREBY EXCLUDED AND THE PARTIES AGREE THAT THESE EXCLUSIONS ARE FAIR AND REASONABLE.

13. Indemnity

15.1 You agree to indemnify and keep fully indemnified and hold blueseptember.ie and its employees, subsidiaries, affiliates, officers and agents harmless from and against any claim or demand whatsoever made by any third party and any losses, costs, damages, expenses and liabilities, including reasonable legal fees, due to or arising out of (i) User Content you submit, post, transmit or make available on or through the Website, (ii) Your use of the Website and (iii) Your breach of these terms and conditions.

14. Governing Law

14.1 These terms and conditions are governed by Irish law and any disputes arising in any way in relation hereto shall be subject to the exclusive jurisdiction of the Irish Courts.

15. Support

15.1 In the event that You experience technical difficulties in the use of the services on the Website, please access the “Help” via the below link and send us your query.