Terms & Conditions
Last Updated: June 1st 2023
Disclaimer
The information provided here is given without prejudice to the formal consideration of any subsequent planning application. Section 247 (3) of the Planning and Development Act 2000 (as amended) states that “the carrying out of consultations shall not prejudice the performance by a planning authority of any other of its functions under this Act, or any regulations made under this Act and cannot be relied upon in the formal planning process or in legal proceedings.”
General
The Co. Galway Pre-Planning Report Service ("the Service") is provided by Pin Point Alerts Limited (Registered in Ireland, ref. #488766). Participation in this service is governed by these terms and conditions. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about the terms and conditions, please email preplanning.cogalway@pinpointalerts.com.
Interpretation
- "Applicable Laws" means any law, statute, regulation, order, judgement, decision, recommendation, rule, policy or guideline passed or issued by government or any competent court or authority in relation to the subject matter of these Terms and Conditions.
- “The System” or “The Service” means the preplanning.ie website, Co. Galway subdomain (galway.preplanning.ie) and all related components of the service.
Acknowledgement and acceptance
This Agreement ("the Agreement") outlines the terms and conditions governing your participation in the Service and it is your responsibility to read and understand them. Participation in the Service is offered at the sole discretion of Pin Point Alerts Limited who own and operate the Service.
Pin Point Alerts Ltd. reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. Website Users understand and acknowledge that most recent version of this Agreement will be located on this website in the terms and conditions web page.
Pin Point Alerts’ privacy promise
It is Pin Point Alerts’ policy and promise to respect the privacy of all website Users. Pin Point Alerts has “privacy by design” included at all stages of the process, from technical development of the service to unsubscribe requests by Users. A dedicated Privacy Statement and details of Data Protection policies for is available at https://carlow.preplanning.ie/privacy and you are strongly encouraged to read this statement to check exactly what types of Personally Identifiable Information (“PII”) is collected, stored and processed by the Service.
We cannot ensure that private communication and other identifiable personal data will never be disclosed in ways not described in this section. By way of example (without limiting the foregoing) we may be forced to disclose the data to a government agency lawfully requesting the same or to any court acting in pursuance of its powers. We reserve the right to and you hereby agree to allow us to disclose any information about you to law enforcement, government officials or to any court or court officials as we in our sole discretion believed necessary or appropriate.
Terms of participation
This is a free service provided by Pin Point Alerts Ltd. to Galway County Council.
The Service is intended for the use of residents of Co. Galway, that are interested in planning for a specific site boundary within the county. A valid email address is required to request reports through this service.
Pin Point Alerts Ltd. is not responsible for changes to, or discontinuance of any report data through Galway County Council, third party companies, bodies or agencies, nor are we responsible for the inaccurate communication of report information delivered through this service.
Pin Point Alerts Ltd. may from time to time directly adjust a member's account upwards or downwards in respect to errors or suspected fraud, for which we have full authority.
Pin Point Alerts Ltd will not be responsible for any loss, damage or consequences howsoever arising, whether directly or indirectly arising, such as a decision to proceed or not proceed with a planning application based on information generated from a report on this website..
Links to third party sites
Links included on this website may let you leave the Co. Galway Pre-Planning website and enter into other website(s) ("linked site(s)"). The linked sites are not under the control of Pin Point Alerts Ltd. or Galway County Council, and neither party is responsible for the contents of any linked sites or any link contained in a linked site or any changes or updates to such sites. Pin Point Alerts Ltd. is not responsible for webcasting or any other form of transmission received from any linked site. Pin Point Alerts Ltd. is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Pin Point Alerts Ltd. of the site or any association with their operators. By way of example, Pin Point Alerts Ltd. will link to to certain 3rd party data provider websites (OSi, NPWS) but it is not responsible for content on these websites.
Intellectual Property
You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the Co. Galway Pre-Planning Reports website (hereinafter referred to as "Intellectual Property") are solely owned by Pin Point Alerts Ltd. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners, such as Galway County Council.
All data published on this website is subject to copyright and may not be reproduced on any other website without the prior consent of the site owners. This includes alert content which is published on the this website and may not be scraped or copied from the website for external professional services (e.g., reselling planning reports to clients).
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of in Pin Point Alerts Limited, unless clearly obvious exceptions such as the Galway County Council logo. ALL RIGHTS RESERVED.
Limitation of Liability
Pin Point Alerts Ltd. shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to the participation or inability to participate in this service. Under no conditions and in no event shall Pin Point Alerts Ltd. be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of this Agreement or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of Pin Point Alerts Ltd. For the avoidance of doubt, Pin Point Alerts Ltd. will not be liable for any decision taken based on the reports generated from this service.
Although rigorous protocols are applied to the website Pin Point Alerts Ltd. does not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties. As stated in the Privacy Policy on this website, “We have put in place reasonable and appropriate physical, electronic, and managerial procedures to help safeguard information we collect through this service. However, you should know that no company, including Pin Point Alerts Ltd, can fully eliminate security risks associated with Personally Identifiable Information (PII)”.
Pin Point Alerts Ltd. does not accept any liability for any losses or claims arising from any inability to access this website.
Indemnity and waiver
You hereby agree to indemnify and keep indemnified Pin Point Alerts Ltd. and its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on this website or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of this website, your connection to this website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you waive any right to bring any claim or action against Pin Point Alerts Ltd. or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of theis website and service.
Disclaimer
The materials contained in this website may contain inaccuracies and typographical errors. Pin Point Alerts Ltd. does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. Pin Point Alerts Ltd. reserves the right in its sole discretion to correct any errors or omissions in any portion of the website.
The website, the information and material on this website are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to warranties of non-infringement or fitness for any particular purpose.
Pin Point Alerts Ltd. shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.
Term and Termination
You agree to remain bound by this Agreement (or such amended Agreement) for as long as you remain a User or unless Pin Point Alerts Ltd. terminates, suspends or otherwise limits access. In the event that you expressly request to opt out of this service, no further communication will be entered into between Pin Point Alerts Ltd. and you at any time
Pin Point Alerts Ltd. reserves the right to terminate the service at any time, dependent on any contract with Galway County Council. Pin Point Alerts Ltd. will make every effort to communicate to all Users the termination period, however they will not be held responsible for failing to notify any User regardless of the reasons. Please review the Privacy Policy which includes policy details on data retention.
Any fraud or abuse of the website will result in the immediate termination of that Member's account.
Modifications to the website
Pin Point Alerts Ltd. reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the website with or without notice. You agree that Pin Point Alerts Ltd. shall not be liable to you or any third party for any modification, suspension or discontinuance of the website. Pin Point Alerts Ltd. shall not be liable to any Member or third party should Pin Point Alerts Ltd. exercise its right to modify or discontinue the service.
Notices
All notices given by Pin Point Alerts Ltd. to you will be given by e-mail from an “@preplanning.ie” email address.
by general posting on this website, depending on the nature of the notice.
Entire Agreement
This Agreement constitutes the entire Agreement between you and Pin Point Alerts Ltd. and supercedes any prior agreements, arrangements, statements and understandings between Pin Point Alerts Ltd. and you.
Waiver
A waiver by Pin Point Alerts Ltd. of any breach by any User of any of the terms, provisions or conditions of this Agreement or the acquiescence of Pin Point Alerts Ltd. to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
No Partnership/Joint Venture
Nothing in this Agreement shall be construed as forming a partnership or joint venture with Users and no third party company will have the right or ability to create any obligation on Pin Point Alerts Ltd.'s behalf.
Governing Law
This Agreement shall be governed by Irish law and the Member consents to the exclusive jurisdiction of the Irish courts in all matters regarding it.
Invalidity
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
Disputes
All questions or disputes regarding the System, including without limitation, questions regarding participation must be submitted by within 30 days of the query where applicable, to Pin Point Alerts Limited at preplanning@pinpointalerts.com