Respiratory Virus Notification Data Hub Terms of Use
These Terms of Use (together with the documents referred to in it) (Terms) govern your use of our website HPSC Respiratory Virus Notification Data Hub (our Site) (which includes accessing or browsing our Site) as well as any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our Site (collectively, the Services).
Please read these Terms carefully before you start to use the Services as it sets out the permitted and prohibited uses of the Services.
Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
We recommend that you print a copy of these Terms for future reference.
As referenced below, "we", "HPSC", "us" or "our" means HSE Health Protection Surveillance Centre, and "you" or "your" means the user of the Services.
OTHER APPLICABLE TERMS
The following additional terms also apply to your use of the Services:
Our Site is built using Environmental Systems Research Institute (Esri), Inc products. The Esri Privacy Statement is here: https://trust.arcgis.com/en/privacy/privacy-tab-intro.htm
HPSC ERespiratory Virus Notification Data Hub is publicly accessible and does not require the submission of personal information.
INFORMATION ABOUT US
HPSC Respiratory Virus Notification Data Hub is a website operated by HSE Health Protection Surveillance Centre, with its headquarters at 25-27 Middle Gardiner Street, Dublin 1.
CHANGES TO THESE TERMS
We may revise these Terms at any time by amending this page. Every time you wish to use our Site please check this page to ensure you understand the terms that apply at that time as they are binding on you.
CHANGES TO OUR SITE AND THE SERVICES
We may update our Site from time to time, and may change the content at any time. Please note that any of the content on our Site may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof). You agree that HPSC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
ACCESSING THE SERVICES
We make no warranty or representation or guarantees (express or implied) and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, bug-free, virus-free or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty or representation not expressly made herein.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site and use the Services. You should use your own virus protection software.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The Services on the Site are published as Open Data where possible and can be accessed via www.hpsc.ie.
All other rights, title, and interest in and to the Services are and will remain the exclusive property of HPSC and/or its licensors.
Nothing in these Terms gives you a right to use the HPSC name or any of HPSC trademarks, logos, domain names, and other distinctive brand features.
The content, text, images or other material made available on our Site (i) is protected by third party intellectual property rights such as copyright or trade marks which HPSC is permitted to make available to you ("Third Party IP"); (and/or (ii) is in the public domain ("Public Domain Content") (collectively, the "Site Content").
We do not warrant that using the Services (including the Third Party IP or Public Domain Content) will not infringe upon the rights of third parties. It is your responsibility to determine and satisfy copyright and other use conditions before copying, transmitting, or making other use of the Site Content. You agree to abide by all copyright notices, licence conditions, restrictions attached to the Site Content and agree not to remove or alter any notices, conditions, forms of identification, or dedications, if required not to.
PERMITTED USE OF THE SERVICES
On our Site, you will be able to view, explore and interrogate data relating to respiratory virus notifications in Ireland.
You acquire absolutely no rights or licences in or to the Services and materials contained herein other than the limited right to utilise the Services in accordance with these Terms. Should you choose to download or use content from the Services, you must do so in accordance with these Terms and where applicable, the terms of the relevant third party.
You may download HPSC IP and/or make one print copy for your own personal non-commercial use free of charge, provided you retain and do not delete any copyright and other proprietary notices on such materials.
PROHIBITED USE OF THE SERVICES
Other than where permitted by these Terms, the Services may not be used for commercial purposes. In particular, you shall not:-
a) use our Site in any way that breaches any applicable local, national or international law or regulation;
b) use our Site in an way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
c) incorporate any HPSC IP from our Site into any other work or publication whether in hard copy or electronic or other form without our prior permission;
d) reproduce, modify, publish or distribute or otherwise make available to the public either in hard copy or electronic form our Site or its contents, in whole or in part in any manner or in or on any media, without our prior permission;
e) reproduce, duplicate, copy, re-sell or exploit our Site or its contents (whether in whole or in part) for any advertising or other commercial purpose;
f) misrepresent any affiliation with any person or entity;
g) disguise the origin of content on our Site;
h) post or transmit any messages that contain software viruses, files or code designated to interfere with, damage, limit the functionality of, or expropriate our Site or any system, program, data or personal information of any person;
i) download any content that you know or reasonably should know, cannot be legally obtained in such manner;
j) falsify, or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
k) interfere with, disrupt or attempt to gain unauthorised access to our Site, servers or networks;
l) engage in any illegal activity;
m) misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material or other harmful programs or code which is malicious or technologically harmful or designed to adversely affect the operation of any computer software or hardware;
n) attack our Site via a denial-of-service attack or a distributed denial-of service attack;
o) take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
INDEMNITY
You agree, to the fullest extent permitted by applicable law, to indemnify and hold us, our officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Services (including the provision of content by you), violation of these Terms by you, or the infringement by you, or other user of the Services using your computer, of any intellectual property rights or other right of any person or entity. We reserve the right (but no obligation) to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to co-operate with our defence of these claims.
NO RELIANCE ON INFORMATION PROVIDED
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the Site Content is accurate, complete or up-to-date. Your access to and use of the Services or any content is at your own risk.
You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, we disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose or non-infringement.
LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or any other liability that cannot be excluded or limited by Irish law.
We will not be liable to you for any loss or damage (including any loss of data, loss of profits, sales, business or revenue; business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation) whether direct, indirect, special, incidental or consequential and whether caused by tort (including negligence), breach of contract, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Services or use of or reliance on any Site Content.
We will not be liable to you for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on our Site, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with these Terms.
THIRD PARTY LINKS AND RESOURCES
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We are not responsible for and do not make any representations regarding such content or the accuracy of content provided by third parties and/or contained on the third parties' websites. If you rely on such content and decide to access such websites, you do so at your own risk.
BREACHES OF THESE TERMS
We reserve the right to suspend or terminate your access to the Services, at any time, if we suspect that you are in breach of these Terms or that you have violated any applicable law
APPLICABLE LAW
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Irish law. You and we both agree to that the courts of Ireland will have non-exclusive jurisdiction.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.
SEVERABILITY
If any court of competent jurisdiction finds any provision of these Terms to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.
Last updated: 17 November 2023