These terms and conditions (the Terms) govern your access to and use of the Marine Institute website and portals (Marine.ie; Seafest.ie; Explorers.ie; FishHealth.ie; OurOceanWealth.ie; AtlanticResource.org and IMDO.ie) and the use and access of any applicable organisation by which you are engaged or employed. In these Terms, the Websites refers to all aspects of the aforementioned websites and portals and any relevant mobile applications offered by the Marine Institute.
The Websites are operated by the Marine Institute (Marine Institute, we or us). The Marine Institute is a statutory body, established pursuant to the Marine Institute Act, 199.
Access to and use of these Websites are provided by the Marine Institute subject to the following.
1. Any reference to you or your shall refer to both the individual accessing the Websites and the organisation upon whose behalf he or she is employed or engaged and/or accessing the Websites.
2. Use of the Websites constitutes your acceptance of these Terms which take effect when you first use these Websites and are applicable to any subsequent or further use of the Websites. The Marine Institute reserves the right to change these Terms at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of any of the Websites after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
3. You must be at least sixteen (16) years of age to use the Websites.
4. Whilst the Marine Institute endeavours to ensure that the Websites are normally available 24 hours a day, the Marine Institute will not be liable if for any reason the Websites are unavailable at any time or for any period.
5. Access to the Websites may be suspended temporarily or permanently and without notice.
6. Whilst the Marine Institute endeavours to ensure that the information on the Websites is correct, no warranty, express or implied, is given as to its accuracy and the Marine Institute does not accept any liability for any content error or omission.
7. The Marine Institute shall not be liable for any damages, (whether direct or indirect and including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Websites, or any material contained in it, or from any action or decision taken as a result of using the Websites or any such material.
8. As a convenience, the Websites may contain links to other websites which are maintained and operated by third parties. The linked websites are not under the control of the Marine Institute, and the Marine Institute is not responsible for the content available on any other websites linked to its Websites. Such links do not imply the Marine Institute’s endorsement, sponsorship or recommendation by the Marine Institute of material on any other website and the Marine Institute disclaims any warranties (express or implied) about the content and operation of these websites. The Marine Institute disclaims any liability for links: (i) from another website to the Marine Institute websites; and (ii) to another website from the Marine Institute websites.
9. If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable, such Term or Terms shall be severed and deleted from the clause concerned and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
10. By accessing any part of the Websites, you shall be deemed to have accepted these Terms in full, and the Terms herein set out comprise the entire Agreement. In the event that you, at any time, do not accept or no longer accept any or all of these Terms, you should immediately cease use of the Websites.
11. The Marine Institute provides the Websites “as is” and “as available” and without any warranty or condition, express or implied. In particular (but without limitation), the Marine Institute does not warrant that this Website will operate without interruptions, be timely, secure or error-free. The Marine Institute does not warrant that the Websites or their contents are free from viruses or problems and the Marine Institute is not responsible for any harm caused to your property from your use of the Websites.
12. If you submit comments or content of any nature whatsoever (hereafter referred to as User Content) to the Marine Institute, you agree and warrant that you created the User Content or have received permission from, or are duly authorised by, the owner of any part of the User Content to do so.
13. Access to the information we hold on you
13.1 We process information about you in accordance with our Privacy Statement. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
14. Data Protection
14.1 For the purposes of this clause the following definitions shall apply:
14.1.1 EU Personal Data Legislation means GDPR;
14.1.2 GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and any amendments made thereto;
14.1.3 Irish Legislation means the Data Protection Act 2018 and any other law or regulation applicable in Ireland relating to the processing of personal data and to privacy (including the E-Privacy Directive and implementing legislation in Ireland), as such legislation shall be amended, revised or replaced from time to time, including but not limited to by operation of the GDPR (and laws implementing or supplementing the GDPR in Ireland);
14.1.4 Regulatory Requirements means the privacy and personal data legislation applicable to the processing of personal data, including the EU Personal Data Legislation and Irish Legislation, and such legislation as may replace the aforementioned legislation from time to time (and in the case of discrepancies or contradictions between different rules or regulations, the one which provides the highest degree of privacy and/or information security shall apply).
14.1.5 data subject, controller, personal data, joint controller, processing, processor, third country shall be construed in accordance with the meaning given to them in the EU Personal Data Legislation.
14.2 Where you upload personal data to any of the Websites, with respect to which both you and the Marine Institute determine the means and purposes of processing as joint controllers, both you and the Marine Institute shall be individually responsible, as a sole data controller, for its own processing of personal data pursuant to and/or in connection with the use of such Website.
14.3 You and the Marine Institute should aim for full compliance with the Regulatory Requirements and must provide reasonable recourses to its employees to enable processing of personal data in compliance with the Regulatory Requirements.
14.4 You and the Marine Institute shall inform the other of any requests from data subjects regarding rectification or erasure of personal data, or restriction or objection of the processing of personal data that is relevant for the other party. You and the Marine Institute shall, to the extent that such a request affects the other Party's processing of personal data, comply with all such requests in accordance with the Regulatory Requirements.
14.5 You and the Marine Institute shall inform the other immediately if it becomes aware of, or suspects a personal data breach which is likely to affect or invoke the other party's obligations under the Regulatory Requirements. The notifying party shall document all personal data breaches in accordance with the Regulatory Requirements and fully cooperate with the other party to ensure compliance with the Regulatory Requirements. Both parties shall use reasonable endeavours to mitigate any damage suffered by a data subject.
15. User Conduct
15.1 You agree not to use this Website to do the following:
(a) upload, post or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(b) upload, post or otherwise transmit any material that you do not have the right to transmit under, or infringe, any law (including with intellectual property law) or contractual or fiduciary relationship;
(c) post irrelevant material or repeatedly post the same or similar material unduly;
(d) upload, post or otherwise transmit any unauthorised advertising, promotional materials, ‘junk mail’ or spam or any form of solicitation, except in those areas of the Website designated for such purposes;
(e) anything that is in violation of any applicable law, rule or regulation;
(f) transmit viruses, malware, or other malicious code.
16. Intellectual Property
16.1 These Terms confer only the right to use the Websites while these Terms are in effect and they do not convey any rights of ownership in or to the Website or any materials or information contained therein. All right, title and interest, including without limitation any copyright, patent, trade secret, or other intellectual property right in the Website will remain The Marine Institute’s sole property. Accordingly you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Website.
17.1 You agree to indemnify and hold the Marine Institute, its parent, subsidiaries, affiliates, officers and employees, harmless from any claims, damages, expenses, liabilities, costs or demands, including legal expenses, made or brought by any third party due to or arising out of:
(a) your use of the Website or any part thereof;
(b) the violation of these Terms or any provision therein by you,
(c) any intellectual property rights of any person or entity.
18. Limitation of Liability
18.1 The Marine Institute shall not be liable for any loss of use, interruption of business, or any direct or indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits) regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if the Marine Institute has been advised of the possibility of such damages, howsoever arising, out of use of the Websites.
19. Term and Termination
19.1 We do not guarantee that the Websites will always be available or uninterrupted. We reserve the right to discontinue offering the Websites or to modify the Websites at any time in our sole discretion and without notice. We may also, in our sole discretion, terminate or suspend your access to the Websites at any time. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
20. Jurisdiction and Applicable Law
21. Questions or Concerns
21.1 Should you have any questions regarding these terms, please contact us via email at dpo [at] marine.ie