Terms of Service

These terms of service constitute a legally binding agreement (the “Agreement”) between you and Cork Community Chaplaincy Services (“CCCS,” “we,” “us,” or “our”) governing your use of the CCCS application, websites, technology platform, and related services, applications, or platforms (collectively, the “CCCS Platform”).

By entering into this Agreement, you expressly acknowledge that you have read and understand this Agreement and accept all of its terms and conditions without limitation or qualification. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the CCCS Platform.

Please be advised: This Agreement contains provisions that govern how claims you and CCCS have against each other can be brought. These provisions will, with limited exception, require you to submit claims you have against CCCS to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action, or proceeding.

The CCCS Platform

The CCCS Platform enables individuals to instantaneously connect, arrange to connect, or match with chaplains (“Chaplains”) who offer to share their human experiences in areas such as meditation, self-awareness, spirituality, and other types of holistic practices to improve all aspects of your career and life.

All individuals who access the CCCS Platform, including Chaplains, are collectively referred to herein as Users (“Users”). Users are required to create an account to access the CCCS application and certain other aspects of the CCCS Platform. For purposes of this Agreement, the experience sharing provided by Chaplains to other Users is referred to as the Services (“Services”). Any decision by a User to seek, offer, or accept Services is a decision made in each User’s sole discretion. Each Service delivered by a Chaplain to another User shall constitute a separate agreement for such Services, between the relevant Chaplain and other User, each subject to this Agreement. CCCS disclaims all liability in respect of any Services provided by any Chaplain on the CCCS Platform or through the Services.

The CCCS Platform offers Users a portal through which to amplify their daily work and personal life, but there are certain services and information that we do not offer and that are outside of the scope of the Services:

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS OR OTHER PROFESSIONAL SERVICE ADVICE. IT IS FOR INFORMATION ONLY. IF YOU ARE EXPERIENCING AN EMERGENCY, PLEASE CALL YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

NO INFORMATION PROVIDED OR SHARED ON THE CCCS PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN AS, THE PRACTICE OF MEDICINE OR PSYCHOLOGICAL COUNSELING CARE. THIS SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, CLINICAL SERVICES, OR PSYCHOTHERAPEUTIC COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING CARE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, BEHAVIORAL HEALTH COUNSELING, PHARMACY, AND THE PROVISION OF HEALTHCARE ADVICE, DIAGNOSIS, PROGNOSIS, OR TREATMENT RELATING TO ANY MEDICAL OR HEALTH-RELATED CONDITION.

THIS SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEKS THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR HEALTH-RELATED CONDITION. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION ACQUIRED ON THE CCCS PLATFORM. YOUR ACCESS TO OR USE OF THE CCCS PLATFORM AND THE SERVICES DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY SIMILAR RELATIONSHIP THAT WOULD GIVE RISE TO DUTIES ON OUR PART.

RELIANCE ON ANY INFORMATION ACQUIRED ON THE CCCS PLATFORM IS SOLELY AT YOUR OWN RISK.

CCCS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PROFESSIONAL SERVICE PROVIDERS, CLINICS, FACILITIES, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION PROVIDED OR SHARED ON THE CCCS PLATFORM.

Modifications to Terms of Service & Policies Incorporated by Reference

CCCS reserves the right to make changes to this Agreement (including the other policies incorporated by reference), or any portion thereof, at any time in our sole discretion. Any changes will be posted on the CCCS Platform, indicating the date on which the terms were last updated, and/or otherwise communicated to you in writing. Any changes will be effective upon the date of posting, unless explicitly stated otherwise. As long as you use the CCCS Platform, you are agreeing to this Agreement and any updates we make to it. If you disagree with the updated Agreement, you may terminate this Agreement with immediate effect by discontinuing your use of the CCCS Platform. Your continued use of the CCCS Platform following the effective date of any modified terms indicates your acceptance of such modified Agreement.

Privacy Policy

Our collection and use of personal information relating to your access to and use of the CCCS Platform is described in our Privacy Policy, which shall form part of this Agreement between you and CCCS.

Accounts & Eligibility

The CCCS Platform is designed to facilitate human-to-human interactions, and we expect all Users to engage in a manner that is truthful and does not violate any applicable laws or regulations, agreements with third-parties, third party rights, this Agreement, or CCCS’s policies. You expressly agree not to use a false identity or provide any false or misleading information when creating an account or otherwise engaging with the CCCS Platform. Absent a legitimate purpose for doing so, Users should only create one CCCS account, and creating multiple accounts to engage in behaviour that violates this Agreement or to circumvent enforcement or other processes is strictly forbidden.

The CCCS Platform may only be used by or with the express permission and supervision of individuals who can enter into legally binding contracts. The CCCS Platform is not available to Users under the age of sixteen (16) years old. By becoming a User, you represent and warrant that you are at least eighteen (18) years old and that you will use the CCCS Platform and Services only for lawful purposes and in accordance with this Agreement.

Users who have had their User account suspended or terminated are not eligible to use the CCCS Platform unless otherwise expressly permitted by CCCS. Users accessing the CCCS Platform through Sponsor access or program codes are only eligible to use such access or program codes to the extent they are actively considered Authorized Users by the Sponsor (as defined in the contract between the Sponsor and CCCS).

Disclaimers

The following disclaimers are made on behalf of CCCS, our affiliates, subsidiaries, parents, successors, and assigns, and each of our and their respective officers, directors, employees, agents, and shareholders.

Each User is able to determine whether he or she would like to share knowledge or receive knowledge about other experiences. CCCS has no control over the quality, accuracy, reliability, effectiveness, or any other aspect of the knowledge sharing that occurs between Users and assumes no responsibility for the acts or omissions of any Users. CCCS reserves the right, but is not obligated, to monitor communications between Users on the CCCS Platform.

THE CCCS PLATFORM IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CCCS PLATFORM AND/OR THE SERVICES, INCLUDING THE ABILITY TO PROVIDE OR RECEIVE SERVICES AT ANY GIVEN LOCATION OR TIME. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

We do not warrant that your use of the CCCS Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, error-free, or will meet your requirements, that any defects in the CCCS Platform will be corrected, or that the CCCS Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the CCCS Platform or Services.

Please use common sense when using the CCCS Platform and Services, including looking at the photos (when available) of the User you have connected with to make sure it is the same individual you believe you are communicating with. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication, or other use or access of the CCCS Platform by persons under the age of eighteen (18) in violation of this Agreement. If you believe that your safety is threatened through your interaction with other Users, immediately call your local law enforcement.

CCCS is not responsible for the conduct, whether online or offline, of any User of the CCCS Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for procuring insurance for, any User. CCCS is not responsible for any adverse health effects that may arise from the use of the CCCS Platform or the Services, including any information, advice, consultations, products, or events you learn about on the CCCS Platform. By using the CCCS Platform and participating in the Services, you agree to accept such risks and agree that CCCS is not responsible for the acts or omissions of Users on the CCCS Platform or participating in the Services, or for any false or misleading statements or omissions made by Users on the CCCS Platform.

CCCS expressly disclaims any liability arising from the unauthorised use of your User account. Should you suspect that any unauthorized party may be using your User account, or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish, or post to or through the CCCS Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information (including protected health/legal information) that you disclose to other Users on the CCCS Platform or through the Services. Please carefully select the type of information that you provide on the CCCS Platform or through the Services or release to others. In particular, you should refrain from providing credit card or other payment information to other Users on the CCCS Platform or when participating in the Services. Additionally, you should refrain from disclosing confidential or proprietary information. You are fully responsible for any information that you provide to other Users, and we disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorised Users, or “hackers”), including in respect of the use of any personal, proprietary, or confidential information you provided to such Users.

Opinions, advice, statements, offers, or other information or content concerning CCCS or made available through the CCCS Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted or authored by third parties, whether on the CCCS Platform or otherwise. You should always seek the advice of your physician or other qualified healthcare provider with respect to any questions you may have regarding a medical or health-related condition, and you should not disregard, avoid, or delay obtaining medical advice or treatment from your physician or other qualified healthcare provider due to any information or content made available on the CCCS Platform or through the Services. We reserve the right, but we have no obligation, to monitor the materials posted on the CCCS Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Communications

By becoming a User, you agree to receive communications from us and our representatives, including via e-mail, video call, chat, text message, phone or voice call, and push notification, which may be prerecorded and/or generated by automatic telephone dialing systems or other automatic communication systems. Communications from CCCS, its affiliated companies, and/or other Users may include, but are not limited to: operational communications concerning your User account or use of the CCCS Platform or Services, updates concerning new and existing features on the CCCS Platform, communications concerning CCCS, and other communications. Standard text messaging, data, and voice charges applied by your cell phone carrier will apply.

You understand that you may opt out of receiving text messages by texting the word “STOP” in response to any message from CCCS or by emailing CCCS. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at www.CorkCommunityChaplains.IE/contact/ If you do not choose to opt out, then CCCS may contact you as outlined in our Privacy Policy.

Notices

CCCS may give notice by means of a general notice on the CCCS Platform, electronic mail to the email address associated with your account, or text message to any phone number provided in connection with your account. For notices made by email or text message, the date of receipt will be deemed the date on which such notice is transmitted.

Prohibited Activities

With respect to your use of the CCCS Platform and your participation in the Services, you agree to NOT:

Violate, breach, or circumvent any applicable laws or regulations, agreements with third-parties, third party rights, this Agreement, or CCCS’s policies;
Discriminate against or harass anyone, including on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or other protected class;
Communicate with others on the CCCS Platform, or otherwise use the CCCS Platform, in a manner that is abusive, offensive, disruptive, deceptive, fraudulent, obscene, vulgar, pornographic, indecent, sexually explicit, violent, incendiary, or threatening;
Use the CCCS Platform (a) to provide or request medical advice, diagnosis, or treatment relating to any medical or health-related condition, (b) for any commercial, advertising, solicitation, or other purposes that are not expressly permitted by this Agreement, or (c) in a manner that falsely implies CCCS’s endorsement or partnership or otherwise misleads others as to your affiliation with CCCS;
Interact with others on the CCCS Platform in a manner which is false, inaccurate, or misleading (directly or by omission);
Solicit login information or access an account belonging to someone else, or use a discount, access, referral, or other access code that you are not eligible to use (as determined by CCCS in its sole discretion);
Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the CCCS Platform;
Attempt to intercept or expropriate any system, data, or personal information;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological, security, payment, or enforcement measure implemented by CCCS;
Transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of the CCCS Platform;
Engage in patterns of behavior that indicate a reckless disregard for users’ time, energy, and effort in providing or receiving services; or
Share a User’s personal or confidential information with a third party without their explicit consent.

If we suspect that you are engaging in prohibited activity, we may take action, in our discretion, to investigate and address the behavior, including, but not limited to, issuing a warning, suspending or terminating your account, contacting law enforcement, or taking other action in our sole discretion. You agree to cooperate with any investigations conducted by CCCS and promptly provide any information requested by CCCS.

Law Enforcement Requests

CCCS may share information regarding you and your use of the CCCS Platform if a government authority requests information or we think disclosure is required or appropriate in order to comply with any laws, regulations, or a legal process. CCCS may also share information with law enforcement, government officials, or other third parties if CCCS thinks doing so is necessary to protect the rights, property, or safety of CCCS, CCCS’s employees, CCCS’s Users, or the public.

Suspension and Termination

CCCS may suspend or terminate your account at any time and for any reason without notice to you.

In the event of any termination or expiration of this Agreement, the following sections of this Agreement will survive and still apply: CCCS Terms of Service, The CCCS Platform, Dispute Resolution and Arbitration Agreement, Limitation of Liability, Disclaimers, Indemnification, Confidentiality, Warranties and Agreements, Payment Policy, Copyright Policy, Intellectual Property, User Submissions Media Agreement, Waiver, Severability and Survival, Privacy Policy, Suspension and Termination, and Entire Agreement.

Confidentiality

You agree not to use any technical, financial, strategic, or other proprietary and confidential information relating to CCCS’s business, operations, and User information (“Confidential Information”) disclosed to you by CCCS or any User for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to CCCS with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by CCCS or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of CCCS; becomes known to you, without restriction, from a source other than CCCS without breach of this Agreement by you and otherwise not in violation of CCCS’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to CCCS to enable CCCS to seek a protective order or otherwise prevent or restrict such disclosure.

Intellectual Property

All intellectual property rights in the CCCS Platform shall be owned by CCCS absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company, or product names set forth in the CCCS Platform are the property of their respective owners, and the use thereof inures to the benefit of each owner. Any use of such other trademarks, logos, service marks, company, or product names is intended to denote interoperability or provide information and does not constitute an affiliation by CCCS with any third party or an endorsement or approval by any third party of CCCS or its respective products or services.

User Submissions Media Agreement

By using the CCCS Platform and participating in the Services, you agree to the specific terms relating to how CCCS may use content, feedback, ratings, testimonials, videos, or other materials or communications, created and submitted by you to CCCS, including with respect to intellectual property rights, licenses, and publicity rights. It further allows CCCS to publicise and commercially use your name, likeness, image, appearance, voice, professional and personal biographical information, and personal characteristics that you have provided to us.

Grants

You hereby grant to CCCS a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, and publicly display the CCCS User Submissions that you submit or upload to us for any purpose, which include, but are not limited to, use in CCCS e-mails, push notifications, marketing materials, presentations, proposals, search results pages, and referral pages, and syndication on sites or applications owned or operated by CCCS or its partners.

You further grant CCCS exclusive, perpetual, worldwide, royalty-free license to use in conjunction with the CCCS User Submissions your name, images, and likeness for the purpose of promoting CCCS.

You acknowledge and represent that any CCCS User Submission you share with us shall be your original work, and that the content within the CCCS User Submission does not infringe, misappropriate, or violate a third party’s intellectual property rights or rights of publicity or privacy.

You further represent that you have the right to grant all of the licenses set forth under this Agreement, without CCCS incurring any third-party obligations or liability arising out of its exercise of the rights granted by you under this Agreement.

Intellectual Property
CCCS shall be the exclusive owner of all rights, including copyright, in the CCCS User Submissions you submit to CCCS, which you jointly or independently create for or on behalf of CCCS. You hereby irrevocably transfer, assign, and otherwise convey to CCCS your entire right, title, and interest, if any, in and to the CCCS User Submissions, which you jointly or independently create for or on behalf of CCCS and all copyrights and other intellectual property rights in these CCCS User Submissions. CCCS has no obligation to create or use the CCCS User Submissions or to exercise any rights given by this Agreement.

Release
You hereby release CCCS from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these terms. This includes any claims of defamation, invasion of privacy, infringement of moral rights, rights of publicity, and infringement of Intellectual Property (e.g. trademarks, copyrights).

Payments
You acknowledge and agree that any CCCS User Submissions do not entitle you to any monetary compensation, unless expressly authorised by CCCS in writing.

ACKNOWLEDGEMENT
THIS AGREEMENT PROVIDES CCCS WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING CCCS TO PUBLICISE AND COMMERCIALLY USE YOUR SUBMISSIONS, NAME, LIKENESS, IMAGE, APPEARANCE, VOICE, PROFESSIONAL AND PERSONAL BIOGRAPHICAL INFORMATION, AND OTHER PERSONAL CHARACTERISTICS AS SET OUT ABOVE WHICH HAVE BEEN PROVIDED BY YOU TO US. BY USING THE CCCS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS USMA AND YOU ARE OVER THE AGE OF 18.

Modification of Terms
CCCS reserves the right to make changes to this Agreement (or any portion thereof) at any time in our sole discretion. Any changes will be posted on the CCCS Platform, indicating the date on which the terms were last updated. Any changes will be effective upon the date of posting, unless explicitly stated otherwise. As long as you use the CCCS Platform, you are agreeing to this Agreement and any updates we make to it. If you disagree with the updated Agreement, you may terminate this agreement with immediate effect by discontinuing your use of the CCCS Platform. Your continued use of the CCCS Platform following the effective date of any modified terms indicates your acceptance of such modified agreement.

Intellectual Property

CCCS shall be the exclusive owner of all rights, including copyright, in the CCCS User Submissions you submit to CCCS, which you jointly or independently create for or on behalf of CCCS. You hereby irrevocably transfer, assign, and otherwise convey to CCCS your entire right, title, and interest, if any, in and to the CCCS User Submissions, which you jointly or independently create for or on behalf of CCCS and all copyrights and other intellectual property rights in these CCCS User Submissions. CCCS has no obligation to create or use the CCCS User Submissions or to exercise any rights given by this Agreement.

Release

You hereby release CCCS from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these terms. This includes any claims of defamation, invasion of privacy, infringement of moral rights, rights of publicity, and infringement of Intellectual Property (e.g. trademarks, copyrights).

Payments

You acknowledge and agree that any CCCS User Submissions do not entitle you to any monetary compensation, unless expressly authorised by CCCS in writing.

ACKNOWLEDGEMENT

THIS AGREEMENT PROVIDES CCCS WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING CCCS TO PUBLICISE AND COMMERCIALLY USE YOUR SUBMISSIONS, NAME, LIKENESS, IMAGE, APPEARANCE, VOICE, PROFESSIONAL AND PERSONAL BIOGRAPHICAL INFORMATION, AND OTHER PERSONAL CHARACTERISTICS AS SET OUT ABOVE WHICH HAVE BEEN PROVIDED BY YOU TO US. BY USING THE CCCS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS USMA AND YOU ARE OVER THE AGE OF 18.

Modification of Terms

CCCS reserves the right to make changes to this Agreement (or any portion thereof) at any time in our sole discretion. Any changes will be posted on the CCCS Platform, indicating the date on which the terms were last updated. Any changes will be effective upon the date of posting, unless explicitly stated otherwise. As long as you use the CCCS Platform, you are agreeing to this Agreement and any updates we make to it. If you disagree with the updated Agreement, you may terminate this agreement with immediate effect by discontinuing your use of the CCCS Platform. Your continued use of the CCCS Platform following the effective date of any modified terms indicates your acceptance of such modified agreement.

License

Subject to your compliance with this Agreement, CCCS grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

Access and use the CCCS Platform on your personal devices solely in connection with your use of the Services
Access and use any CCCS content, information, and related materials that may be made available through the CCCS Platform, in each case solely for your personal, noncommercial use.

No content may be copied or redistributed from the CCCS Platform. This includes: 1) content created by CCCS, 2) content created and posted by Users, and 3) third party content referenced and given attribution on the CCCS Platform. Any rights not expressly granted herein are reserved by CCCS and CCCS’s licensors.

Third Party Services

The CCCS Platform and Services may be made available or accessed in connection with third party services and content (including advertising) that CCCS does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. CCCS does not endorse such third party services and content and in no event shall CCCS be responsible or liable for any products or services of such third party providers. Your access to the CCCS Platform or Services using these devices or platforms is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Feedback

At CCCS, we encourage feedback so we can constantly improve our services and provide a great User experience. When providing feedback, you agree that we are free to use the information provided without restriction and without compensation or other legal or equitable obligation to you.

Claims of Copyright Infringement

CCCS respects the intellectual property of others, and expects Users to do the same.

CCCS will respond to an allegation of copyright violation (“notice”). Upon receipt of a notice, as described below, CCCS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material.

Please note that whether or not we disable access to or remove content, CCCS may make a good faith attempt to forward the notice, including the complainant’s contact information, to the User who posted the content and/or take other reasonable steps to notify the User that CCCS has received notice of an alleged violation of intellectual property rights.

It is also our policy, in appropriate circumstances and within our sole discretion, to disable and/or terminate the accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

Notice of Copyright Infringement

If you believe in good faith that your copyright has been infringed, you may submit a written communication which contains:

A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the CCCS Platform;
A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
Your email address, mailing address and phone number;
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner’s behalf; and
If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner.

Please submit your notice, with all items completed to CCCS (see: www.CorkComunityChaplains.IE/contact/)

Payments

This payment policy (“Payment Policy”) applies to Users who make payments on the CCCS Platform. This Payment Policy is an important part of the Agreement between you and CCCS.

Awareness of Purchase

You are responsible for reviewing the applicable pricing for the CCCS Platform, and you will be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Refunds

All Charges are non-refundable and final. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the CCCS Platform, any disruption to the CCCS Platform or Services, or any other reason whatsoever.

Promotions and Discounts

CCCS may from time to time, and in its sole discretion, provide certain Users with promotional offers, discounts, referral programs, and other rewards programs that may result in different amounts charged for the same services. You agree that such promotional offers and discounts, unless also made available to you, will have no bearing on your use of the Services or the Charges applied to you. CCCS reserves the right to withhold or deduct any credits, monetary benefits, or other similar benefits obtained through a promotion or program in the event that CCCS determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. CCCS further reserves the right to terminate, discontinue, or cancel any promotions or programs at any time and in its sole discretion without notice to you.

Promotions, Referral Programs, and Other Rewards

CCCS, at its sole discretion, may make available promotions, referral programs, and other rewards programs with different features to any User or prospective user. These promotions and programs shall have no bearing whatsoever on your Agreement or relationship with CCCS. Unless otherwise specified in their terms, these promotions and programs are non-transferrable. CCCS reserves the right to withhold or deduct any credits, monetary benefits, or other similar benefits obtained through a promotion or program in the event that CCCS determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. CCCS reserves the right to terminate, discontinue, or cancel any promotions or programs at any time and in its sole discretion without notice to you.

Dispute Resolution and Arbitration Agreement

Overview of the Dispute Resolution Process: CCCS is committed to participating in a consumer-friendly dispute resolution process. To that end, this Agreement provides for a two-part process for disputes: (1) an informal negotiation directly with CCCS’s customer service team, and (2) a binding arbitration administered by the Chartered Institute of Arbitrators – Irish Branch (as modified by the Arbitration Agreement below).

Pre-Arbitration Dispute Resolution and Notification: Prior to initiating an arbitration, you and CCCS each agree to notify the other party of the dispute and first attempt to negotiate an informal resolution of the dispute. We will contact you at the email address you have provided to us; you can contact CCCS’s customer service team by emailing us (see: www.CorkComunityChaplains.IE/contact/). If, after a good faith effort to negotiate, you or we feel the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.

Arbitration Agreement

By agreeing to this Agreement, you agree that you are required to resolve any claim that you may have against CCCS, our affiliates, subsidiaries, parent companies, successors, and assigns, or any of our or their respective officers, directors, employees, agents, representatives, or shareholders (collectively, the “CCCS Parties”), on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against the CCCS Parties, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against CCCS Parties by someone else.

Agreement to Binding Arbitration Between You and the CCCS Parties: You and the CCCS Parties agree that any dispute, claim or controversy arising out of or relating to (1) this Agreement or the existence, breach, termination, enforcement, interpretation, or validity thereof, (2) your access to or use of the CCCS Platform or Services at any time, whether before or after the date you agreed to this Agreement, (3) your receipt of any communications, including without limitation, calls or text messages, from any CCCS Party, or (4) any advertising for the CCCS Platform or Services, will be settled by binding arbitration, and not in a court of law, provided however, that you and the CCCS Parties retain the right to bring an individual action in small claims court (if the action qualifies, remains in such court, and advances only on an individual basis) and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This Arbitration Agreement also does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against the CCCS Parties your behalf.

You acknowledge and agree that you and the CCCS Parties are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and we otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If applicable law precludes enforcement of any of this paragraph’s limitations as to a given claim for relief, then the applicable claim shall be severed from the arbitration and may be brought into the courts in Ireland. All other claims shall be arbitrated.

Rules and Governing Law: The arbitration will be administered by the Chartered Institute of Arbitrators – Irish Branch in accordance with the All-Ireland Arbitration Rules 2020.

The parties agree that the Arbitrator (“Arbitrator”), and not any court or government agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Appeals: At either party’s election and within thirty (30) days of receipt of the arbitrator’s award, such award may be appealed to another arbitrator (“Appellate Arbitrator”) who shall be chosen in the same manner as described above. The Appellate Arbitrator shall apply the same standard of review as an appellate court in the same jurisdiction would apply to review the decisions of a trial court, and shall issue an opinion based on such review and law. The Appellate Arbitrator’s decision shall be final, binding, and conclusive on the parties and may be entered in any court of competent jurisdiction.

Fees: Your responsibility to pay any arbitration filing, administrative, and arbitrator fees will be solely as set forth in the All-Ireland Arbitration Rules 2020.

Changes: If CCCS changes these Dispute Resolution Provisions and Arbitration Agreement after the date you first agreed to the Agreement (or to any subsequent changes to the Agreement), you may reject any such change by providing CCCS written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the “Effective” date of the updated Agreement as shown on the CCCS Platform.

This written notice must be provided by email from the email address associated with your Account. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and CCCS in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Agreement (or to any subsequent changes to the Agreement).

Severability: If applicable law precludes enforcement of any of the Arbitration Agreement’s limitations on class, collective, consolidated or representative proceedings as to a particular claim for relief, then the applicable claim, and only that claim, shall be severed from the arbitration, brought into the Irish courts of competent jurisdiction in Cork, Ireland and stayed in litigation pending the outcome of any individual claims remaining in arbitration. If any other provision of this Agreement is found to be unenforceable or invalid for any reason, the parties shall remain bound by all other provisions hereof and the invalid or non-binding provision shall be replaced with provisions that are valid and binding and have, to the greatest extent possible, a similar effect as the invalid or non-binding provision.

Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of Cork, Ireland, without giving effect to any conflict of law principles, except as may be otherwise described in the Arbitration Agreement section of this Agreement.

Waiver

A waiver of any terms of this Agreement will not be deemed a further or continuing waiver of such term or any other term. CCCS’s failure to assert a right under this Agreement does not constitute a waiver of such right.

Severability and Survival

If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

Entire Agreement

This Agreement sets forth the entire understanding and agreement between you and CCCS with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

Contacting CCCS

Feel free to contact us at www.CorkCommunityChaplains.IE/contact/ at any time with any questions or comments regarding this Agreement.