Terms & Conditions for www.birthsdeathsmarriages.ie :

Welcome to www.birthsdeathsmarriages! The following are the terms and conditions for use of the Births Deaths Marriages (BDM) website, bdmonline.com, or any Internet site to which the Website is linked (“Website”).  We value your content and will take good care of it. It is important that you read and agree with these Terms of Use (“Terms”) which govern your access to this Website and set out the terms and conditions under which we deliver our Services.

By accessing or browsing the Births Deaths Marriages website (www.birthsdeathsmarriages.ie) (the “Website”), by using any of the Services available from Births Deaths Marriages as a visitor, free- or paid- subscriber, you agree to be bound by these Terms and all Births Deaths Marriages policies and guidelines. If you do not agree to these Terms, do not use the Website or Services.

IMPORTANT NOTE TO BE AWARE OF WHEN A FIRST REQUEST FOR A NEW CERTIFICATE IS MADE:

Whether you require a Birth, Death or Marriage Certificate it can some times take a few weeks for the Hospital, Church or Registrar to submit the appropriate paperwork which must be checked before it is computerised. Once an event has been registered and then computerised it will then only take the normal 1 – 2 working days for any new requests of these particular certs to be processed [dependant on the computer systems been available/working and the method of delivery requested when placing an order. Please also note that it takes longer to process requests for Adoption Certificates therefore please apply giving ample time for the processing of these orders]. N.B. Search Charges will automatically apply where incorrect or not enough information has been provided with each request. Furthermore, our normal delivery schedule does not include times when there are National / Bank Holidays. In these circumstances, certificates will be processed as soon as the office re-opens. Regarding Search applications, dependent on the year and/or the amount of information provided, it can take longer to process some search requests.

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CANCELLATION POLICY:

We DO NOT offer cancellation rights. Your contract commences at the time the order is received and you receive an email acknowledgement that we can process your order request from BDM. This is when our production service starts. Regulation 6(4) of the EC Regulations 2001 (S.I. 207 of 2001) or Distance Selling Regulations is deemed to apply at this point and BDM do not offer the right to cancel once an order has been made. Regulation 6 (4) gives reasons for exceptions to the right to cancel e.g. for services for customised items (as is the case with BDM – certificates are only of use to the people who have specifically ordered them).

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WEBSITE CONDUCT:

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the Website. All information, designs, drawings and other specifications provided are the exclusive property of Births Deaths Marriages (BDM). Any copying, transmission or re-transmission of the same requires the prior written approval of BDM.

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WEBSITE: USE AND SECURITY:

You are entirely responsible for any and all activities that occur under your Account which is provided to you by a professional secure hosting company who host the transactional element of the website. You agree to notify us immediately of any unauthorised use or any other breach of security.

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WEBSITE ADVERTISING:

We reserve the right at all times to place advertisements and promotions on the Website. Advertisers and sponsors on the Website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused there from.

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CLAIMS:

If a Product or service is defective in any way, we urge you to contact BDM immediately and clearly outline your comments. Upon careful consideration you will receive a response from BDM within a maximum of 2 working days (or sooner if possible). You agree that BDM can not be held responsible for the actions of a third party to include our delivery agent/s and any issues / delays which may occur while providing a service.

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MEMBER ACCOUNT, PASSWORD AND SECURITY:

You will receive a password and account designation upon completing BDM’s (the Service’s) registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BDM of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. BDM cannot and will not be liable for any loss or damage arising from your failure to comply with this.

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WEBSITE: PRIVACY & DATA USE:

Personal data is stored on a remote secure server and is the full responsibility of a specialised host provider. Accordingly, if you have any questions concerning website privacy and data use, we suggest that you refer to Births Deaths Marriages at [email protected] who will ensure your query is passed on to the relevant sources.

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INDEMNITY:

You agree to indemnify and hold BDM and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable Legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the T&C or your violation of any rights of another.

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DISCLAIMER:

BDM rely on the good character of its website clients in ensuring that all information provided is true and without malice to other individuals and cannot be held responsible for any information provided which may not be true, or which may cause alarm or distress to users of our website.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

A. Your use of BDM’s services ARE AT YOUR SOLE RISK. The service is provided on an “AS IS” and “AS AVAILABLE” basis e.g. if a Death Certificate is ordered yet unavailable as a result of a delay with Coroner proceedings, then this is outside the remit of BDM and the certificate will be issued as soon as it is available. To the fullest extent permitted applicable by law, BDM expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including but not limited to any implied terms of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property rights.
B. BDM makes no warranty or representation that (i) The service will meet your requirements, (ii) The service will be uninterrupted, timely, secure or error-free (unfortunately technical issues may occur which mean that access to the system might be unavailable for a period of time), (iii) The results that may be obtained from the use of any service will be accurate or reliable, (iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) Any errors in the software will be corrected.
C. No advice or information, whether oral or written, obtained by you from BDM or from the service shall create any warranty or other obligation not expressly agreed.
D. Should the Terms & Conditions of this site not be available at any time, you shall continue to revisit the site with a view to reading the T&C and, that you agree to all said T&C.
E. BDM is not responsible for whatever was signed / registered on the date of an event e.g. a Birth or Marriage. The onus is on individuals at the time of their wedding / the registration of the birth of a child to ensure that what they are providing and signing is correct, both in spelling and content.
F. BDM can not be held responsible for errors and omissions on behalf of users or items mislaid / lost once posted from our offices unless clients expressly request and pay for an Express / EMS order for which there is a specific individual post receipt per item. Items posted through normal post is sent in good faith and any issues should be addressed directly to An Post as once an item leaves our office we have no other means of tracking it. As proof of our dispatch of an order, we can provide a scanned copy of the actual certificate that was dispatched. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Please Note:  There are times when orders have to be updated. This could be because the original registration entry is difficult to read or because a change was made at a latter date. If this is the case, it can cause a delay in the dispatch of a certificate as the order must then be computerised. Other incidents where changes were made after the original registration and the certificate was not updated at the time may cause for the cert/s to be returned to us, without any markings made on the original document.  Please quote your original order number and we will have the documents updated and dispatched. BDM takes no responsibility for any delays / changes which may need to be made under such circumstances.

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PRICING POLICY OF PRODUCTS & SERVICES:

Please note that the price of certificates is set at the discretion of the relevant Minister and can be raised at any time without notice.  Should this happen, our prices will also have to increase to reflect the changes and you agree to pay this increase in cost for the processing of your order.

It is the strict policy in using this website that we do not offer refunds. BDM reserve the right to offer Credit at its own discretion which may be applied for a maximum of 2 months. If an Irish Certificate can not be obtained, BDM will automatically charge for the search involved in researching the certificate requested. All items requested must be paid for in-full before a request for service or product can / will be fully processed. The pricing structure shall include service, administration and product fees along with a charge for VAT. Prices shall be updated as necessary and it is the responsibility of the website user to make themselves aware of pricing as well as BDM’s General Terms & Conditions. Please note that providing incorrect information will cause delays in providing certificates and this may in turn incur extra charges. Where the purpose of the service has been notified to BDM, we reserve the right to alter / update your order to ensure that you are provided with the correct items relevant for the use previously notified and to ensure that the document is deemed “fit for purpose”. The price listed on the Website (the ‘Price’) for BDM products or services (the “Products or services”) will be as stipulated at the time when your order is delivered. Administration charges will be applicable where extra time and effort is spent providing the service to the individual, where not enough or incorrect information has been provided. Births Deaths Marriages (BDM) reserves the right to add the cost of expenses or other such charges incurred in the provision of this service. Please note that as we are not a Geneology website, a maximum of two searches are carried out when a Search request is received.  It is therefore your responsibility to ensure that we receive the most accurate and uptodate information necessary to successfully carry-out the Search request. Customers shall always be informed of any extra charges incurred in providing this service by eMail to the address provided. By use of this website customers agree that these extra costs incurred in providing the service may be charged to their nominated Credit or Debit Cards. The website user further agrees that should BDM be unable to provide a certificate after a maximum of two searches, the order will be closed off. In certain circumstances, a credit for an amount (after “search” fees have been deducted), may be held for a period of two months only and can be used for searches / to obtain certificates or act as part payment towards other certificate requests. After a 2 (two) month period the user agrees to forfeit any credit held in respect of an initial request and issues which arise after this time period will be dealt with at the discretion of BDM.

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PROPRIETARY RIGHTS TO WEBSITE CONTENT:

You acknowledge that content, including but not limited to photographs, text, software, music, sound, video, graphics or any other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

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BDM COPYRIGHT STATEMENT:

All material on the BDM website is copyright unless otherwise stated. Copyright is implied irrespective of whether a copyright symbol or a copyright statement is displayed. Copying material or otherwise slightly changing content obtained from BDM website is strictly prohibited. Permission to reporduce information or images from this website does not extend to any material on this site which may be the property of a third party. Authorisation to reproduce such material MUST be obtained from the copyright holders concerned.

We reiterate that ALL rights are reserved including but not limited to content, site, titles, layout and site specific user interface. As content on the website is copyrighted, any unauthorised use of any materials on the website may violate copyright, trademark and other laws. Should a user download the materials on the website for personal or non-commercial use, the user must retain all copyright, trademark or other similar notices contained in the original materials on or any copies of the material. Materials on this website may not be modified, reproduced or publicly displayed, performed or distributed or used for any public or commercial purposes.

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DELIVERY:

Will be made within an agreed period of time, as directed by the requestor and agreed by BDM. Please Note, the method of delivery chosen does not refer to the manner in which an order is processed and is merely the means of how the relevant document/s are dispatched. As proof of our dispatch of an order, we can provide a scanned copy of the actual certificate that was dispatched on a specific date.  BDM cannot be held responsible for delays or missing items requested to be sent by standard mail (without a track and trace {T&T} facility). Should any issues arise it is advisable to contact your local Sorting Office.  If items are returned to BDM for whatever reason to include the fact that the address was insufficient / there was nobody present to sign for the delivery, we will advise you by email if/when the item is returned (return of items can take anything from 1 – 5 months). BDM do not however take responsibility for any products or services which may be hampered as a result of strikes, malicious acts, delays (due to holiday season etc) or other unforeseen circumstances. Orders are processed, dependent upon time, workload and availability of internet / computers and personnel to process same. Once orders have been processed (i.e. the order received), BDM cannot refund monies received however, in some circumstances a Credit may be issued for use within a two (2) month period on any other product or service. In the event of Postal Strikes, BDM will try to facilitate finding additional forms of delivery which may incur additional charges. NOTE: The results of a Search request will be advised by email (whether successful or not) and if an entry is found, it will be emailed to the email account provided.

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LIMITATION OF LIABILITY:

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products or receive products as a result of the actions of a third party which is beyond our control.

Furthermore, you expressly acknowledge and agree that BDM shall not be liable for any consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BDM has been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the service;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the service; or
(e) any other matter relating to the service.

You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service of these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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GENERAL:

We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to misinformation provided by you (whether on purpose of not) or any force majeure incident along with any failure / delays on behalf of third parties / carriers that we contract to provide services which include a delivery service. BDM’s failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance. Furthermore, by use of our website you agree to all Terms & Conditions and in no way hold BDM responsible / liable for any errors or omissions which may occur, especially and expressly you agree not to hold BDM liable / responsible for errors or omissions on your own or your agents behalf. You also acknowledge that it may not always be possible to charge the full cost of products and services at the time orders are placed and agree that BDM have the authority to deduct such outstanding charges and to inform you of such costs. By use of this website and/or the services of Births Deaths Marriages in any context, you agree that BDM are the recognised experts at providing this service and that our advices and services are provided with a view only to helping the general public in matters where they might at times require guidance and that any such guidance provided is done so with goodwill and not intended for legal purposes – you further agree not to hold BDM responsible for mis-interpretation of a request or for providing an altered request / service, while knowing in advance what was actually required or the purpose which an item was required and acting accordingly in our view, in our clients best interests.

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LAWS:

The terms of use shall be governed by and construed fully in accordance with the laws of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

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MODIFICATION OF TERMS:

We reserve the right to change the terms of use or policies regarding the use of the Website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.

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TERMINATION:

We may terminate the Website with or without cause at any time and effective immediately. In addition, we, at our sole discretion, may terminate your Account for violation of the letter or spirit of these terms & conditions and the ethos of the bdm website.

BDM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this agreement may be effected without prior notice, and acknowledge and agree that BDM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.

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TRADEMARK INFORMATION:

BDM, bdmonline, the BDM logo, BDM graphics, BDM slogans and other bdm logos, product and service names are trademarks of BDM Ltd and without BDM’s prior permission, you agree not to display or use in any manner.

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MEMBER / USER CONDUCT:

You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BDM are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. BDM does not control all the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content,. You acknowledge that by using the Service, you may be exposed to Content that is offensive, false, hurtful, indecent or objectionable. Under no circumstances will BDM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:

a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, false, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
d. harm minors in any way;
e. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f. impersonate any person or entity, including, but not limited to, a BDM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
g. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

i. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;

j. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
k. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
l. “stalk” or otherwise harass another; or
m. collect or store personal data about other users.

You acknowledge that BDM does not pre-screen all Content, but that BDM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BDM and its designees shall have the right to remove any Content that violates the T&C or is otherwise found to be objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BDM or submitted to BDM including without limitation information in BDM Message Boards, Clubs, and in all other parts of the Service.
You further acknowledge and agree that BDM may preserve Content and may also disclose Content:
(a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner,
(b) for the purpose of properly administering your account in accordance with the standard operating procedures of BDM or its affiliated companies, and/or
(c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to:
(d) comply with legal process;
(e) enforce the T&C;
(f) respond to claims that any Content violates the rights of third-parties; or

(g) protect the rights, property, or personal safety of BDM, its users and the public.

You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. BDM reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent at any time.

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SPECIAL ADMONITIONS FOR INTERNATIONAL USE:

Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Ireland, United Kingdom or the United States and the country in which you reside (if different from the aforementioned). You further acknowledge that prices quoted are primarily for local services, should extra charges be incurred in providing a service for individuals abroad, you expressly permit BDM to add on these charges and to notify you of same.

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PUBLIC CONTENT POSTED TO BDMonline:

(a) For purposes of the T&C, “publicly accessible areas” of the Service are those accessible by the general public. By way of example, a publicly accessible area of the Service would include the static content / information but would not include private BDM Clubs or private BDM communication services or privately stored personal information.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of BDM Clubs or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant BDM a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific information to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This licence exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.

(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant BDM the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

COMPANY INFORMATION:

Births Deaths Marriages Ltd (being a private company limited by shares), which was funded and set up with government support, has a Registered Head Quarters at 2 Avondale Tce., Navan Road, Dunboyne, Co Meath and the place of Registration is Ireland with a Company No. 323168.

E&OE
December 2006

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