Acceptable Use Policy

This acceptable use policy (“Acceptable Use Policy”) sets out the content standards that apply when you interact with our site, upload content to our site, make contact with other users on our site or link to our site.

Prohibited Uses

You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation;
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm minors in any way;
  • To bully, insult, intimidate or humiliate any person;
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • In any way that involves the publication or transmission of any indecent, obscene, hateful, inflammatory or morally reprehensible material or content;
  • In any way that involves the publication or transmission of any material, content or statement that is defamatory or in contempt of court;
  • In any way that involves child sexual exploitation or abuse;
  • In any way that is degrading to any section of society or that involves sexual exploitation or abuse; or
  • To upload terrorist content.

You also agree:

  • To comply with the content standards set out below;
  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms (including this Acceptable Use Policy);
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored of hosted;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Interactive Services

We may from time to time provide interactive services on our site, including, without limitation:

  • Data and/or multimedia sharing facilities;
  • Chat rooms; and
  • Bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you contribute to our site (each, a “Contribution”), and to any interactive services associated with it.

The content standards must be complied with in spirit as well as to the letter. The content standards apply to each part of any Contribution as well as to its whole.

BT will determine, in its discretion, whether a Contribution breaches the content standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in Ireland and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person;
  • Be obscene, offensive, hateful or inflammatory;
  • Bully, insult, intimidate or humiliate;
  • Promote sexually explicit material;
  • Include child sexual abuse material;
  • Promote violence;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any copyright, database right or trade mark of any other person;
  • Be likely to deceive any person;
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Promote any illegal content or activity;
  • Be in contempt of court;
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  • Be likely to harass, upset, embarrass, alarm or annoy any other person;
  • Impersonate any person or misrepresent your identity or affiliation with any person;
  • Give the impression that the Contribution emanates from BT, if this is not the case;
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

For the avoidance of doubt, for any Contribution in the form of video content: 

  • You must not upload a video containing harmful material;
  • You must not upload a video containing advertising for any of the following:
  • cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
  • alcoholic drinks that are aimed specifically at under 18’s and/or encourage immoderate consumption of alcohol.
  • Any advertising included in a video you upload must not:
  • prejudice respect for human dignity;
  • include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
  • encourage behaviour prejudicial to health or safety;
  • encourage behaviour grossly prejudicial to the protection of the environment;
  • cause physical, mental or moral detriment to any person (including any child);
  • directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
  • directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
  • exploit the trust of such persons in parents, teachers or others; or
  • unreasonably show such persons in dangerous situations.
  • You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

Breach of this Acceptable Use Policy

When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms  upon which you are permitted to use our site and may result in us taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site;
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
  • Issue of a warning to you;
  • Legal proceedings against you for reimbursement of all costs on a full indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Further legal action against you; and/or
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

The actions we may take are not limited to those described above and we may take such other action and/or pursue such other remedies as we reasonably deem appropriate in the circumstances.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not warrant, represent or guarantee that our site, or any content on it, will always be available or will be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of service and other applicable terms of service, and that they comply with them.

We may transfer this Agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is only for users in Ireland

Our site is directed to people residing in Ireland. We do not represent that content available on or through our site is appropriate for use or available in other locations.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of service).

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of artificial intelligence (“AI”) systems or models. This includes using (or permitting, authorising or attempting the use of):

  • Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Section 53(B)(4) of the Copyright and Related Rights Act 2000, as amended. 

You shall not use, and we do not consent to the use of, our site, or any data published by, or contained in, or accessible via, our site or any services provided via, or in relation to, our site for the purposes of developing, training, fine-tuning or validating any AI system or model or for any other purposes not explicitly set out in our Acceptable Use Policy. 

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it and which complies with the following requirements:

  • The link must be made to our site’s home page - https://bakertilly.ie.
  • The destination of the link must correctly acknowledge BT.
  • The administrator of our site should be informed by email (webenquiries@bakertilly.ie).
  • If we request at any time that you take down the link to our site you agree that you will take it down immediately.

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 our Acceptable Use Policy and Content Standards.

If you wish to link to or make any use of content on our site other than that set out above, please contact webenquiries@bakertilly.ie.

Our trade marks are registered

The BAKER TILLY name and logo are registered trade marks of CCBP Limited and are used under licence by us. You are not permitted to use them without our approval, unless they are part of material you are using as permitted above under How you may use material on our site.

Uploading content to our site

Whenever you make use of a feature that allows you to create content directly on our site, upload or share content to our site, or to make contact with other users of our site, you must comply with the standards set out in our Acceptable Use Policy and Content Standards. 

You warrant that any such Contribution complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer or incur as a result of your breach of warranty.

We will consider any content or Contribution you upload to our site to be non-confidential and not protected by any trade mark, patent or copyright ("non-proprietary"), that is, in the public domain. You own your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to others. The rights you license to us are described in the Rights You are Giving us to Use Material You Upload section below. 

We also have the right to disclose your identity to anyone who is claiming that any content or Contribution posted or uploaded by you to our site violates their intellectual property rights or their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the acceptable use standards set out in our Acceptable Use Policy and/or Content Standards.

If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact webenquiries@bakertilly.ie

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content or Contribution: 

  • A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content or Contribution in connection with the service provided by our site and across different media including to promote our site or our services to expire when the user deletes the content or Contribution from our site.
  • A worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content or Contribution in accordance with the functionality of our site to expire when the user deletes the content from our site.

User-generated content is not approved by us

Our site may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

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 content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. 

We are not responsible for INACCURACY OF INFORMATION OR viruses

We do our best to ensure all information on our site is accurate and kept up to date, we make no representations, warranties or guarantees, whether express or implied, that information on our site is accurate, complete or up to date and accept no liability for any loss or damage which you may suffer as a result of any inaccuracy or incompleteness of information on our site.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

You must not introduce viruses

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Criminal Justice (Theft and Fraud Offences) Act 2001. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You will indemnify us for any losses, claims, costs, expenses (including legal expenses) calculated on a full indemnity basis to the extent we suffer or incur because of any breach of this term by you or others on your behalf or with your permission or facilitation.

Our responsibility for loss or damage suffered by you

The information on our site is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific decisions. If you wish us to give such advice, please contact a Partner in the business who will be able to discuss this with you. We provide all information on our site free of charge and, to the maximum extent permitted by applicable law, we accept no liability for the information provided.

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Terms of Business.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied is found to have damaged a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or, if the damage is not capable of being repaired, pay you reasonable compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy. Please do not send us any personal information if you do not want that information to be used by us in this manner. 

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by the laws of Ireland. We both agree that the courts of Ireland will have exclusive jurisdiction.

If you are a business, these Terms, their subject matter and their 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.

GENERAL 

Failure by us to enforce a right does not result in waiver of such right. If any of these terms are held to be invalid or unenforceable by any court having authority to determine such issues, the remaining terms of this agreement will not be affected. You may not assign or transfer your rights under these Terms

We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights relating to the use of our site.

Nobody else has any rights under or in connection with the agreement between you and us constituted by these Terms. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in these Terms. 

If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

© 2024 Baker Tilly Ireland Audit Limited and Baker Tilly Ireland Limited Partnership. All rights reserved

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