Terms & Conditions

Definitions & Interpretation

This website is established in Ireland in accordance with the laws of the Republic of Ireland and will be governed by the laws of that country. When you use the site, you accept that your use of the site and any information on the site, will also be governed by the laws of Ireland and if any dispute arises from your use of the site or any of the information on it, you agree to allow such dispute to be heard in the Irish courts.

• Account means an account maintained with the Department of Education and Youth which may be utilised by a User for access to the Website.
• Act of 1998 means Education Act 1998 and words or expressions defined in the Act of 1998 have the same meaning as in the Act 1998, where the context so admits.
• Address for service of notices under these terms and conditions means the nominated email address of a User or the DEY for the service of all notices in relation to the Website.
• Contact Details means a person's email address, to which notices and other communications may be sent under these terms and conditions.
• Data means the records and information used in connection with the Application made by the User.
• DEY means The Department of Education and Youth.
• Form means the form determined by DEY which must be used as part of the Application on the Website.
• I.P. address means Internet Protocol address.
• User means any person who uses the Website, including those who create an Account.
• Writing includes information in legible form and other modes representing or reproducing words in visible form and any information kept in a non-legible form, whether stored electronically or otherwise, which is capable by any means of being reproduced in a legible form.
• Working Day means a day which is not a Saturday, Sunday or public holiday.

1. Introduction

The right to use to the Website and use of the Data contained therein is governed by the terms, conditions set out below. Persons using the Website are deemed to have read and accepted all of these terms and conditions.

2. Right to change these terms and conditions

• 2.1 The DEY reserves the right to alter any or all of these terms and conditions and will publish the current version on its website.
• 2.2 All parties agree to submit to the exclusive jurisdiction of the courts of ireland. if any provision of these terms and conditions is unlawful, void or unenforceable then it is deemed severable and shall not affect the validity or enforceability of the remaining provisions.

3. The Website

• 3.1 The DEY will use all reasonable endeavours to maintain the Website with the intention of making it available seven days a week and will use best endeavours to restore availability of the Website as soon as possible in the event of an interruption or suspension in the availability of the Website. Access to the Website may be denied, prevented or interrupted through circumstances beyond the control of the DEY.
• 3.2 The DEY may suspend the Website without liability to any User, where it is satisfied that this may be necessary for maintenance, to protect the System, other Users of the System or the DEY.
• 3.3 The DEY has the right to maintain an audit log of all use of the Website.
• 3.4 The DEY has the right to ownership and use of its own I.P. address.
• 3.5 The DEY reserves the right to extend and enhance the Website as is necessary to support the application process.
• 3.6 The DEY has the right to protect its copyright in relation to all data and or computer code that exists in favour of the DEY.

4. The User will not:

• Misuse the Website in any way, or cause the Website to it to be interrupted, damaged or impaired in any way.
• Attempt to alter or tamper with the Website or information on the Website or otherwise tamper with the Data or System.
• Infringe the State’s copyright, the DEY’s copyright or other intellectual property rights or those of any other person in the Website or information the Website.

5. The User will:

• Monitor compliance with these terms and conditions by each authorised User(s) and on becoming aware of any unauthorised use of or access to the Website or other breaches take reasonable steps to ensure that such person ceases such activity and prevent a recurrence of it.
• Be responsible be solely for submitting all Data including the Form, documentation which is complete, legible and not corrupt.

6. Exclusion & Limitation of Liability

Neither the DEY nor any third party shall be liable for any loss or damage, direct, indirect or consequential, arising from any interruption temporary or otherwise in the availability of the Website or Access to the Website.

7. Force Majeure

Neither party will be liable for any delay in performing or failure to perform any of its obligations under these terms and conditions caused by events beyond its reasonable control.

8. Serious Breach

A serious breach of the terms and conditions will allow the DEY to suspend or terminate access to the System.

9. Links to Third Party Websites

This Website may contain links to the websites of third parties. The DEY is not responsible for the privacy policies or the content of third party sites and we recommend that you read their privacy policies when you wish to visit such sites.

10. Waiver

• 10.1 Failure on the part of either party to enforce any of these terms and conditions will not be construed as a waiver of such terms or a waiver of the right to enforce any of the terms and conditions at a later time.
• 10.2 The termination of these terms and conditions does not relieve either of the parties of their prior respective obligations or impair or prejudice their respective rights against the other if such obligations or rights arose prior to termination.

11. Termination of Access

Access to the Website will automatically terminate when there has been no use of the System pursuant to the terms and conditions for a continuous period of one year at any time after the date of commencement of use and can be terminated by the DEY or User at any time by notice in email to/from the DEY.