Digital Products and Services
Terms & Conditions
1.Introduction
This page states the terms and conditions that govern your access to, and use of any digital products and services offered by The Agricultural Trust (hereafter referred to as "The Agricultural Trust", "us" or "we").
In these terms and conditions, "The Agricultural Trust Sites" or "the Sites" refers collectively to all digital products and services offered by The Agricultural Trust, including any mobile applications regardless of how you choose to access them.
In accessing the Site, you (hereafter referred to as "you" or "the User") agree to abide by the terms and conditions (hereafter referred to as "Terms of Service" or "TOS") set out on this page.
Use of particular services offered by The Agricultural Trust Site may be subject to additional terms and conditions, which are outlined at the end of the TOS. These services ("the Services") can be divided into Paid Subscription Services (as identified below and defined in Clause 26) and other services for which you may be required to register. The current list of the Services is as follows:
Paid Subscription Services
• Digital Subscription (Premium and Standard Digital)
• In App Digital Subscription (Standard Digital)
Other Services (registration may be required):
• Email Newsletters
• Free Registration to access limited member articles
• Farmers Journal Store
• Setting personal My Journal preferences
• Reader Offers
• Mobile Applications and Mobile Push Services
Please note that only subscription to the Paid Subscription Services entitles you to access those services. Registration for any of the Other Services does not entitle you to access the Paid Subscription Services. You may be required to register separately for some of the services, even if you have already registered for others.
2. Acknowledgement and Acceptance of Terms of Service
The Agricultural Trust provides both free and subscription products and services via its various websites and through its mobile applications. In accessing the Sites and the mobile applications, you acknowledge and agree to the terms and conditions of the TOS and any operating rules or policies that may be published from time to time by The Agricultural Trust. The TOS, together with any copyright notice published by The Agricultural Trust on the Site, comprise the entire agreement between the User and The Agricultural Trust and supersede all prior agreements between the parties. You may also be subject to additional terms and conditions by agreement with The Agricultural Trust or when you use affiliate or third party services.
3. Access to the Site
To access the Site, the User must do the following:
(i) Provide all equipment necessary to establish a connection to the Site;
(ii) Provide for the User's own access to the Site and pay any connection and service fees associated with such access;
(iii)Pay the Services fees where applicable as determined by The Agricultural Trust.
(iv) Register their email address to access a limited amount of premium content per month.
4. Modifications of Terms of Service
The Agricultural Trust reserves the right to modify the terms and conditions of the TOS at any time, at its sole discretion and without notice to you. It is the responsibility of the User to regularly review the TOS for modifications. By continuing to use the Site, the User agrees to be bound by the amended TOS.
5. Personal Information
Some Services may require the User to supply certain personal information. In consideration for the use of the Services, the User agrees to do the following:
(i) Provide true, current, complete and accurate information about the User as prompted to do so by the Services;
(ii) Maintain and promptly update this information as required to keep it true, current, complete and accurate.
If the User provides any information that is untrue, not current, incomplete or inaccurate, or if we have reasonable grounds to suspect that such information is untrue, not current, incomplete or inaccurate, we have the right to suspend or terminate the User's use of the Services.
All information requested on original sign up and/or subscription shall hereafter be referred to as "Registration Information". This Registration Information will be retained by The Agricultural Trust for no longer than is necessary to provide the Services to the User and for any other purpose to which you have consented.
Unless the User has agreed to the use of the Registration Information for direct marketing purposes by The Agricultural Trust, we agree to use the Registration Information only for the purpose of supplying the Services to the User and any other purpose to which you have consented. Users can unsubscribe from any of our email communications at any time by clicking on the 'Unsubscribe' link that appears in the footer of all our email communications.
We reserve the right to disclose the Registration Information if required to do so by law, or if we believe in good faith that any such disclosure is reasonably necessary for the administration of justice; to enforce the TOS; to respond to any complaint received regarding the rights of third parties; or to protect the rights, property, or personal safety of The Agricultural Trust, Site users and the public.
6. User Account, Password and Security
The User is entirely responsible for maintaining the confidentiality of the User's passwords and accounts, and for any and all activities that occur under the User's accounts or passwords. The User agrees to immediately notify The Agricultural Trust of any unauthorised use of the User's accounts or passwords, or any other breaches of security known to the User. We will not be liable for any loss that the User may incur as a result of someone else using or accessing the User's passwords or accounts, either with or without the User's knowledge. However, the User may be held liable for losses incurred by The Agricultural Trust or any other party as a result of someone else using or accessing the User's passwords or accounts. The User will not use anyone else's accounts at any time without the permission of the account holder. The User may change his/her passwords or profile by following the instructions on the Site.
7. Privacy Policy
The User may view the privacy policy at the bottom of this page, or by visiting: Here
8. Information Required by Law
The Agricultural Trust is required by law to provide the User with the following information:
(i) This website address of The Agricultural Trust. The Agricultural Trust can be contacted through this website or at The Agricultural Trust, The Irish Farm Centre, Bluebell, D12 or by email at legal@agriculturaltrust.ie
(ii) The VAT number of The Agricultural Trust is IE8L52370N.
(iii) Written confirmation of subscription to any of the Paid Subscription Services shall be provided to the User via the email address supplied during subscription. The User has the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contact by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached cancellation form but this is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract we will reimburse you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such a reimbursement.
9. Notice
All notices issued by or on behalf of The Agricultural Trust shall be in writing and shall be made via online announcements, email or conventional mail.
10. Proprietary Rights to Content
(a) Content other than User Content
The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material (the "Content") contained in either sponsor advertisements or Internet-distributed, commercially produced information presented to the User by the Site, the Site's advertisers or other Site Users may be protected by copyrights, trademarks, patents or other proprietary rights and laws. Unless otherwise expressly authorised in writing by The Agricultural Trust, the User is only granted a limited personal licence for his/her own personal, non-commercial use of the Site and Services to download the Content to a single personal computer or to make a printout in respect of a single copy of the Content for personal reference. All copyright and other proprietary notices in the materials must be left intact. The User may not copy, reproduce, distribute or create derivative works from the Content without expressly being authorized to do so by the relevant copyright owner.
(b) Content submitted by the User
If the User submits content (hereafter referred to as "User Content") to The Agricultural Trust, the User agrees and warrants that he/she created the User Content, or has received permission from, or is duly authorised by, the owner of any part of the User Content to do so.
In the event that the User submits User Content to The Agricultural Trust, either the User or the owner of the User Content remains the copyright owner. However, by submitting User Content to The Agricultural Trust, the User grants us an unconditional, irrevocable, non-exclusive, royalty-free, perpetual worldwide, fully transferable licence to use, publish or transmit, or to authorise third parties to use, publish or transmit, the User Content in any format and on any platform, either currently known or hereafter invented.
11. User Conduct and User Content
(a) User Conduct
The User agrees not to use the Site to do the following:
(i) 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;
(ii) Harm minors in any way;
(iii) Impersonate any person or entity, including but not limited to an Agricultural Trust official, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
(iv) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Services, or develop restricted or password-only access pages, hidden pages or images (those not linked to from another accessible page);
(v) Upload, post or otherwise transmit any Material that the User does not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(vi) Upload, post or otherwise transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(vii) Upload, post 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 of the Services that are designated for such purpose;
(viii) Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(x) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(xi) Intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
(xii) "Stalk" or otherwise harass another;
(xiii) Collect or store personal data about other users;
(xiv) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(xv) Attempt to gain unauthorised access to any Agricultural Trust site or service, other User accounts, computer systems or networks connected to any Agricultural Trust site or service, through hacking, password mining or any other means;
(xvi) Create a false identity for the purpose of misleading others.
(xvii) Reproduce, scrape, automatically summarise or aggregate without licence or prior written permission from The Agricultural Trust.
(b) User Content
The User may be permitted to submit User Content for publication in various areas of the Site. The User is deemed to consent to these Terms and Conditions and to the editorial use of this content by the Agricultural Trust if the User chooses to submit any User Content or comments to the Site.
The User understands that all User Content submitted by any other user is the sole responsibility of the user from which it originated. The Agricultural Trust has no liability in respect of any User or User Content submitted by other users and published by us or by authorised third parties.
The User accepts and agrees that if the User posts User Content on the Site or views User Content posted by others, he/she is doing so at his/her own discretion and risk. The User accepts and agrees that The Agricultural Trust has no responsibility for the accuracy, integrity or quality of any such User Content or Content submitted by other users. The User further accepts and agrees that the views expressed by any User Content do not necessarily reflect the views of The Agricultural Trust. The User accepts and agrees that The Agricultural Trust has no obligation to pre-moderate, review or monitor any Content posted by the User or any other users on the Site.
The Agricultural Trust reserves the right to refuse to publish, to edit or to remove any User Content at our sole discretion. We may remove any User Content at any time.
Inappropriate content on Toplink.ie
The Agricultural Trust monitors advertisements published by Users on Toplink.ie and reserves the right to remove any we deem to be inappropriate. If you are unhappy with an advertisement, please contact the Irish Farmers Journal Toplink team via this form or call us on 01-4199555.
12. Indemnification
The User agrees to indemnify, defend (at the request of The Agricultural Trust), and hold the Site, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal expenses, made or brought by any third party due to or arising out of any of the following:
(i) The User's use of the Site or any part thereof;
(ii) Violation of these TOS or any provision therein by the User;
(iii) Publication of any User Content;
(iv) Viewing any User Content by any third party;
(v) Infringement or misappropriation by the User, or a third party using the User's computer, of any account or password to access and/or use the Services;
(vi) Any infringement by the User of any intellectual property rights of any person or entity
(vii) Use or misuse by the User or third parties of the User's passwords or accounts.
13. Monitoring
The Agricultural Trust has no obligation to monitor the Site, but reserves the right to do so and to remove any Content or Material at its sole discretion at any time without notice.
14. Complaints Procedure
If you wish to complain about any comment or post appearing on The Agricultural Trust sites, please contact us at legal@agriculturaltrust.ie
For any other complaint, such as a complaint of any abuse of the Site, including but not limited to the violation of these TOS or any provision therein, or the infringement or misappropriation by any User, or a third party using a User's computer, of any account or password to access and/or use the Site, or of any intellectual property rights of any person or entity, or the use or misuse by any User or third parties of a User's passwords or accounts, should be reported immediately to The Agricultural Trust legal@agriculturaltrust.ie
15. Modifications and Discontinuance of the Services
The Agricultural Trust reserves the right at its sole discretion to modify or discontinue the Site or Services, or any portion thereof, at any time, with or without notice to the User. We shall not be liable to the User or any third party should we exercise our right to modify or discontinue the Site or Services. No refunds will be granted to any Users who have paid Services fees in this instance.
16. Term and Termination
The Agricultural Trust reserves the right to terminate all or part of the Site at any time without notice, and without issuing any refunds if the User is in breach of the TOS. We shall not be liable to the User or any third party for any loss or damage howsoever arising from the termination of the Site or any part thereof.
In respect of the Paid Subscription Services only, The Agricultural Trust reserves the right to terminate User accounts following the expiry of the subscription period and to delete all information and files on these accounts if the User does not renew the subscription.
17. Third Parties
(a) Advertising on our Sites
The Agricultural Trust may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons and sponsorships. The User agrees that we have the right to run such advertisements and promotions. The Agricultural Trust does not control the content of any services supplied by third parties, and the inclusion of content does not imply endorsement of the third party by The Agricultural Trust or any association with that third party. User correspondence or business dealing with, or participation in promotions of, advertisers or third parties found on or through the Site or Services, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that The Agricultural Trust shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
(b) Email Marketing
The Agricultural Trust may, from time to time, send email messages to the User containing advertisements, special promotions and other marketing subject to the User's permission. The User must consent to receiving our email messages during the sign in or subscription process or through a link on the Site if they wish to receive any email services, newsletters, special promotions or other marketing materials ("Email Programmes"). We reserve the right to partner with any email marketers to provide these Email Programmes. User correspondence or business dealing with advertisers or third parties found on or through the Email Programmes, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that The Agricultural Trust shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
(c) Links
The Site may contain images of and links to third party websites ("Linked Sites"). Linked Sites are not under the control of The Agricultural Trust and the User agrees that we are not responsible for the content of any Linked Sites. The inclusion of a link does not imply endorsement of the Linked Sites by The Agricultural Trust or any association with its owners or operators. User correspondence or business dealing with advertisers or third parties found on or through Linked Sites, including payment for and delivery of related goods or services, and any other representations associated with such dealings, are solely between the User and such advertiser or third party. The User agrees that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site or Services.
18. Disclaimer of Warranties
(i) The Agricultural Trust provides the Site and Services on an "as is" and "as available" basis, and the User uses the Site and Services at his/her sole risk.
(ii) The Agricultural Trust shall not be responsible for the effect or result of the introduction or entry of any virus into the Site and/or one or any of the Services.
(iii) The Agricultural Trust makes no warranty that the Site or Services will meet the User's requirements; nor that the Site or Services will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site or Services; nor as to the accuracy or reliability of any information obtained through the Site or Services; nor that defects in the Site or Services will be corrected.
(iv) The Agricultural Trust expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
(v) The User understands and agrees that any Content and/or Material downloaded or otherwise obtained through the use of the Site or Services is done at the User's own discretion and risk. The Agricultural Trust is not responsible for any damage to the User's computer system or loss of data that results from the download of such Content and/or Material.
(vi) The Agricultural Trust makes no warranty regarding any goods or services purchased or obtained through the Site or Services or any transactions entered into through the Site or Services.
(vii) The Agricultural Trust accepts no responsibility for deletion, corruption or failure to store messages or content maintained or transmitted by the Site or Services.
(viii) No advice or information, whether oral or written, obtained by the User from the Site shall create any warranty not expressly made herein.
19. Limitation of Liability
The Agricultural Trust 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 we have been advised of the possibility of such damages, howsoever arising, out of use of the Site or Services.
20. Law
The TOS shall for all purposes be governed by and interpreted in accordance with the laws of Ireland. The User and The Agricultural Trust agree to submit to the exclusive jurisdiction of the courts of Ireland. The place of performance of this Agreement shall be Ireland.
21. Assignment
No right may be assigned and no duty may be delegated by the User under this agreement except upon the written consent of The Agricultural Trust. Any attempted assignment and delegation without such consent shall be void and without effect. The Agricultural Trust shall be entitled to assign this agreement. This TOS shall be binding upon and shall endure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
22. No Agency
Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party and, neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
23. Severability
If an arbitrator, court or other competent authority finds any provision of this agreement to be void or unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall continue to apply. The parties shall negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the provision found to be void or unenforceable.
24. Waiver
Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorised officer of the waiving party. In particular but without prejudice, failure by The Agricultural Trust to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
25. Titles
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
26. The Services
(a) Paid Subscription Services
The Agricultural Trust Digital Subscription (Premium and Standard Digital), The Agricultural Trust In App iTunes/Android Digital Subscription (Standard Digital), are paid subscription-based services (the Paid Subscription Services). The User must register, set up an account and pay a subscription to gain access to these services. The subscription fee is determined by The Agricultural Trust and can be subject to change at any time at our sole discretion. Subscription to any of the Paid Subscription Services is personal to the User and may not be transferred or assigned.
By subscribing for the Paid Subscription Services the User agrees to pay all fees and charges, including applicable taxes. In order to set up an account, the User must provide The Agricultural Trust or in the case of The Agricultural Trust In App Digital Subscription (Standard Digital) iTunes/Android, who process the payment on behalf of The Agricultural Trust, with valid credit card/debit card information, and by providing such information, the User thereby authorises The Agricultural Trust and where applicable ITunes/Android to bill all fees, charges and applicable taxes through that account as and when they become due. Any queries regarding billing on a User account must be raised with The Agricultural Trust within 30 days. All credit card/debit card details are entered on a secured page and they are securely processed via Realex.
The User will be billed in Euro or Sterling. Exchange settlements will be determined by agreements between the User and the credit card/debit card issuer. If The Agricultural Trust or where applicable Apple does not receive payment from the credit card/debit card issuer, the User agrees to pay all amounts due on the User's account upon demand. If we do not receive prompt payment for all fees, charges and applicable taxes, the User will be in default and we reserve the right to suspend the User's account and access to the Paid Subscription Services without notice.
Subject to any right of withdrawal under applicable law, fees, charges and applicable taxes are non-refundable.
The Agricultural Trust Digital Subscription (Premium Digital and Standard Digital), The Agricultural Trust In App Digital Subscription (Standard Digital), are subject to the additional terms and conditions as set out below.
(b) Digital Subscription (Standard Digital)
The TOS together with the additional terms set out below ("the Terms") apply to any contract between you and The Agricultural Trust when you subscribe for the supply of the Digital Subscription (Standard Digital).
i. You may only subscribe for the supply of the Digital Subscription (Standard Digital) if you are 18 years old or over and are capable of entering into legal contracts.
ii. In order to subscribe for the supply of the Digital Subscription (Standard Digital) you must register and set up an account on the Site and provide The Agricultural Trust with a current valid payment method. The following payment methods are accepted: Visa, MasterCard, Debit Card, Laser Card and PayPal.
iii. These are subscription services. You can subscribe for a monthly subscription (Monthly Subscription) which will continue month to month and The Agricultural Trust will bill the monthly subscription fee to your payment method unless and until you cancel your subscription or it is terminated by The Agricultural Trust.
iv. You can also subscribe for an annual subscription (Annual Subscription) which will continue year to year on Auto Renew and The Agricultural Trust will bill your payment method unless and until you cancel your subscription or it is terminated by The Agricultural Trust.
v. Your payment method will be billed each month in the case of a Monthly Subscription and each year in the case of an Annual Subscription on the calendar day corresponding to the commencement of your initial subscription for the supply of the Digital Subscription (Digital). In the event that there is no exact corresponding calendar day in a particular month The Agricultural Trust will bill your Payment Method on the nearest possible corresponding calendar day.
vi. If your subscription payment is not successfully settled with the billing period set out a term (v) above or you breach any of the Terms, The Agricultural Trust reserves the right to terminate your subscription immediately.
vii. In the case of Monthly Subscriptions all payments are non-refundable. In the case of Annual Subscriptions, where you cancel your subscription prior to the expiry of the year, you will be entitled to a refund of any full unused months remaining.
viii. You can cancel your Monthly Subscription at any time. To cancel your Monthly Subscription you need to telephone 353 1 4199525 or send an email subs@agriculturaltrust.ie at least ten business days in advance of your monthly billing date, which is calculated in accordance with term (v) above. You will continue to have access to the, Digital Subscription (Standard Digital) until the end of the monthly billing period.
ix. You can cancel your Annual Subscription at any time. To cancel your Annual Subscription you need to telephone 353 1 4199525 or send an email to cancel subs@agriculturaltrust.ie at least ten business days in advance of your annual billing date, which is calculated in accordance with term (v). You will continue to have access to the Digital Subscription (Premium Digital and Standard Digital) for any unused portion of the month, calculated as the monthly anniversary of the date of your initial subscription, in which you cancel. The Agricultural Trust reserves the right to increase the subscription fees for the Digital Subscription (Premium Digital and Standard Digital) at any time at its absolute discretion. Should The Agricultural Trust change the subscription fees, your renewal fee will be unaffected until you terminate your subscription, unless The Agricultural Trust notifies you by email or if you cancel your-auto-renew order and start up a new subscription.
x. The Agricultural Trust at it's absolute discretion reserves the right to decline to supply the Digital Subscription (Premium Digital and Standard Digital) to any individual or company.
xi. For the purpose of the Terms of business days means Monday to Friday 9.00 am to 5.30 pm and any day which is not a public or bank holiday in the Republic of Ireland.
(c) The Agricultural Trust In App Digital Subscription (Premium Digital and Standard Digital)
The TOS together with the additional terms set out below (the Terms) apply to any contract between you and The Agricultural Trust when you subscribe for the supply of The Agricultural Trust In App Digital Subscription (Premium and Standard Digital) to you.
i. You may only subscribe for the supply of the In App Digital Subscription (Premium Digital and Standard Digital) if you are 18 years old or over, are capable of entering into legal contracts.
ii. In order to subscribe for the supply of the In App Digital Subscription (Premium Digital and Standard Digital) you must register and set up an account on the Application and provide iTunes/Google store with a current valid payment method (as determined by iTunes/Google store and set out in its terms and conditions), as payments are processed by iTunes/Google store on behalf of The Agricultural Trust.
iii. These are subscription services. You must subscribe for a monthly subscription (Monthly Subscription) which will continue month to month and Apple will, on behalf of The Agricultural Trust, bill the monthly subscription fee to your payment method unless and until you cancel your subscription or it is terminated.
iv. Your payment method will be billed in accordance with iTunes/Google store terms and conditions.
v. If your subscription payment is not successfully settled with the billing period set out in iTunes/Google store terms and conditions or you breach any of the Terms, The Agricultural Trust reserves the right to cease to supply to service to you.
vi. All refunds are paid in accordance with iTunes/Google store terms and conditions.
vii. You can cancel your Monthly Subscription at any time. To cancel your Monthly Subscription you need to do so via your iTunes/Android account and in the manner described in iTunes/Google store terms and conditions or turn off the auto renew setting on the Application. Your access to the In App Digital Subscription (Premium Digital and Standard Digital) will be in accordance with iTunes/Google store terms and conditions.
viii. The Agricultural Trust reserves the right to increase the subscription fees for the In App Digital Subscription (Premium Digital and Standard Digital) at any time at its absolute discretion. Should The Agricultural Trust change the subscription fees, your renewal fee will be unaffected until you terminate your subscription, unless The Agricultural Trust notifies you by email or if you cancel your-auto-renew order and start up a new subscription.
ix. The Agricultural Trust at it's absolute discretion reserves the right to decline to supply the In App Digital Subscription (Premium Digital and Standard Digital).
x. Given that payments for the In App Digital Subscription (Premium Digital and Standard Digital) will be processed by iTunes/Google store you will be required to comply with iTunes/Android terms and conditions.
(d) The Agricultural Trust may at its sole discretion offer bundle subscriptions to the Digital Subscription (Premium and Standard Digital) and the Home delivery service. Where such subscriptions are offered as part of a bundle the terms and conditions in relation to the individual subscriptions still apply, including the terms set above detailing how to cancel subscriptions. If a bundle subscription is cancelled, it is cancelled in its entirety.
(e) Email Newsletters: This free service (for which registration is required) is provided for informational services only and The Agricultural Trust makes no warranty as to the accuracy and reliability of any information obtained through this service or that any defects in the service will be corrected.
(f) Mobile Applications
The TOS together with the additional terms set out below apply to any contract between you and The Agricultural Trust when you download the Agricultural Trust Application.
Please read this section carefully before downloading the Agricultural Trust Application.
This document is an end user licence agreement (agreement) which is a legal agreement between you (End-user or you) and The Agricultural Trust (Licensor, us, or we).
We licence use of the Apps to you on the basis of this agreement and these TOS and subject to any rules or policies applied by an Appstore provider or operator from whose site you download the Apps (Appstore Rules). We do not sell the Apps to you. We remain the owners of the Apps at all times.
Important notice:
By downloading the Apps from the Appstore or clicking on the "Accept/Install" button below you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy policy defined in condition 7 and limitations on liability in condition 19 and below.
If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading process now [by clicking on the "Cancel" button below. In this case the downloading process will terminate.
Agreed terms
Acknowledgements
The terms of this agreement apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this agreement.
We may change these terms at any time without notice to you. Please check this page regularly.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described below (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this agreement for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
The terms of our privacy policy from time to time, available Here (Privacy Policy) are incorporated into this agreement by reference and apply to those Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
We may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us for the transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings.
The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Grant and scope of licence
In consideration of you agreeing to abide by the terms of this agreement, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these TOS, the Privacy Policy and the Appstore Rules, incorporated into this agreement by reference. We reserve all other rights.
You may:
• download or stream a copy of the App onto a mobile telephone or tablet and to view, use and display the Apps on the Devices for your personal purposes only.
Licence restrictions
Except as expressly set out in this agreement or as permitted by any local law, you agree:
• not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
• not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs.
Acceptable use restrictions
You must:
• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service including the submission of any material(to the extent that such use is not licensed by this AGREEMENT);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
You acknowledge that all intellectual property rights in the App, anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, other than the right to use it in accordance with the terms of this agreement.
You acknowledge that you have no right to have access to the App in source-code form.
Limitation of liability
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for any unforeseeable loss or damage.
Termination
We may terminate this agreement in accordance with condition 16.
On termination for any reason:
• all rights granted to you under this agreement shall cease;
• you must immediately cease all activities authorised by this agreement, including your use of any Services;
• you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
Communication between us
If you wish to contact us in writing, or if any condition in this agreement requires you to give us notice in writing, you can send this to us by prepaid post to The Agricultural Trust, The Irish Farm Centre, Bluebell, D 12 or by email subs@agriculturaltrust.ie We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by any act or event beyond our reasonable control including failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this agreement:
Our obligations under this agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Other important terms
We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations under this agreement.
You may only transfer your rights or obligations under this agreement to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under thisagreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.