Uplift and MyUplift Terms of Use

1. Introduction

1.1 The Website is owned and operated by Uplift, A People-Powered Community. These Terms of Use and Privacy Statement outline the terms and conditions you consent to when using the Uplift website including creating and signing campaigns.

1.2 Uplift is independent of all political parties and upholds the values of social justice, equality, deepening democracy and sustainability. We reserve the right to remove any campaigns or comments that do not reflect these values. All decisions in this regard will be made at the sole discretion of Uplift.

1.3 The Terms and information contained in this statement may change at any time and without notice.

1.4 If you have any questions about the Terms or the Privacy Statement, please contact theteam@uplift.ie. Uplift, A People-Powered Community is a limited company registered in Ireland under company number 544851. Our registered office is located at 28 North Great Georges Street, Dublin 1.

1.5 The Terms of Use policy should be read in conjunction with Upift’s data protection policy.

2. Creating a petition or campaign actions

2.1 You can use the website to create one or more campaigns to advocate a cause that does not promote: hatred, violence, discrimination, defamation, disinformation or stereotypes based ethnicity including membership of a minority community, marital status, gender, religion, nationality, disability, sexual orientation, or age and that promotes Uplift’s core values.

2.2 Any campaign actions are subject to moderation and/or approval before and after they become available for public access or signing.

2.3 Where there is a concern about alignment of a campaign with Uplift values and these Terms of Use it will be reviewed by the Staff team or the Member Review Panel. If a decision is made that your campaign is not consistent with the purposes in clause 1.2 and 2.1 your campaign will not be approved.

2.4 Our website is nonpartisan and cannot be used by or on behalf of a political party or to promote businesses or commercial purpose. Campaigns may not explicitly promote political parties.

• If you are a politician or part of a local political party you are welcome to start a petition. However we reserve the right to edit or remove a petition if we judge its main purpose is to promote or oppose a political party, or candidate.
• Petitions should be set up by individuals and not under a party name.
• Petitions should focus on policy alone and not internal party politics.
• Please inform the Uplift team if you are an elected official or candidate so that we can mark your petition appropriately.

2.5 Creating a petition or campaign action is subject to creation of an account with Uplift.You must provide information about yourself that is true, current and complete.

2.6 As the creator of a campaign, you do not have automatic access to the names, phone numbers and other personal information of individuals supporting your petition. You may be provided this information if it is provided for the purpose of participation in a specified action ie survey and may not be used for any purpose other than intended.

2.7 Where an action is a petition and is intended to be submitted to the action target(s) named in the petition, the signature records attached to the action may only be given to the target(s) named in the petition or to a direct representative of the named target(s).

2.8 We may provide the option for you to send email correspondence to your petition supporters. Where this function is provided it is subject to limits as well as moderation or approval by Uplift staff team.

2.9 You must immediately stop sending messages (including by email, SMS and MMS or other electronic correspondence) to anyone who asks to be unsubscribed from your communications.

2.10 You acknowledge that Uplift has no control over the messages sent to you by the individuals or organisations who sign your campaign.

2.11 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with, any campaign you create on the Website and any messages you receive from other users of the Website.

3. Events

3.1 Where a user generated event appears in connection with an Uplift campaign, the event is not endorsed or otherwise verified by us. You will use your judgement and accept personal liability for risks involved in attending or signing up to attend any events you may encounter either directly or indirectly through your use of Uplift.

3.2 Uplift does not support any commercial use of our platform, including events with fees.

4. Partnerships and groups

4.1 Partnership and cooperatively run campaigns using the MyUplift platform tools will be governed by these terms.

4.2 Personal information of campaign participants may not be shared between us and our campaign organisers unless this is explicitly accepted by the campaign participants and is subject to our discretion thereafter.

4.3 Personal information of campaign participants may not be shared between campaign organisers and any third party partners unless this is explicitly accepted ie an opt in tick box, by the campaign participants.

4.4 Any partnership arrangement resulting in access to contact details for campaign participants, subject to 1.2 and 2.1 above, must guarantee fair and reasonable management of such information in line with Irish privacy laws and provide for campaign participants to unsubscribe from further contact with minimal intervention, i.e. in email unsubscribe links.

5. Accessing the website

5.1 We reserve the right to withdraw or change the service provided without notice. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We are not liable if, for any reason, the Uplift website and MyUplift platform is unavailable for any period of time.

5.2 From time to time, we may restrict access to some parts of the website, or the entire website, to users who have registered with us.

5.3 If you are provided with a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.

5.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.

5.4 You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms, and that they comply with them.

5.5 You must use our website in accordance with these Terms of Service only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of our website.

6. Intellectual property rights

6.1 We are the owner or the licensee of all intellectual property rights on the website, and in the material published on it (except where content is specifically identified as third party content). Those works are protected by applicable intellectual property and other laws around the world. All such rights are reserved.

6.2 In submitting or posting content that you are the owner of, you grant to us a worldwide, irrevocable, non-exclusive, royalty free licence to use, reproduce, adapt, publish, translate, and distribute such content in any media. You also grant us the right to sub-license such rights solely for the purposes provided on the website.

6.3 You may print off and download extracts, of any page(s) from our website for your personal reference. You may draw the attention of others within your organisation to material posted on the website.

• You must not, in any way, modify the paper copies you have printed off, or digital copies you have downloaded.
• You must acknowledge our status as the authors of material on the website (and that of any identified contributors).
• You must not use any part of the content on the website for commercial purposes.

7. Reliance on information posted

7.1 It is your sole responsibility to ensure that your content is based on reliable factual information and that all claims made can be fully substantiated. You agree to provide Uplift with evidence to support your content if concerns are raised about its accuracy.

7.2 The content and commentary on the website are not advice. You should not treat them as advice or rely on them as such. We are not liable or responsible for anyone relying on the content or treating it as advice, whether they are a visitor to the Website or are otherwise informed of its contents.

8. Use by minors and user identity

8.1 Before using the website, minors under the age of 16 must have the consent of their parent or guardian. We advise parents, guardians, or other responsible adults who permit children to use the Internet, that it is important that they communicate with children about their safety online.

8.2 It is impossible for us to determine with any degree of certainty whether a user is the person they claim to be. We are not liable for the actual identity of any user. You are solely responsible for verifying the actual identity of other users.

9. Our website changes regularly

9.1 We aim to update the website regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. The content on the Website may be out-of-date at any given time, and we are under no obligation to update such content.

9.2 Each time you use our website including adding content, you will be bound by the then current Terms, and Uplift’s Data Protection and Privacy Statement. You should review these each time you access and use our website, to satisfy that you are happy with them.

10. Our liability

10.1 The content displayed on the website is provided without any guarantees, conditions, or warranties as to its accuracy.

10.2 To the extent permitted by law, we, and third parties connected to us, hereby expressly exclude:

• all conditions, warranties, and other terms, which might otherwise be implied by statute, common law or the law of equity;
• any liability for loss or damage incurred by any user in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any material posted on it; and
• any liability for any direct, special, indirect, or consequential loss or damage incurred by any user in connection with the website or in connection with the use, inability to use, or results of the use of the website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

10.4 Nothing in this section affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

11. Information about you and your visits to the website

11.1 We process information about you in accordance with our Data Protection and Privacy Policy. In using the website, you guarantee that all information you provide is accurate. You also guarantee that, where you have disclosed another’s personal data, they have agreed to such processing.

12. Restricted uses

12.1 You may use our website for lawful purposes only. You may not use our website:

• 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 send, knowingly receive, upload, download, use, or re-use any content which does not comply with our Content Standards (see Section 13 below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material, or any other form of similar solicitation (spam).
• To 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.

12.2 You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these Terms.
• Not to access without authority, interfere with, damage, or disrupt:
• any part of our website;
• any equipment or network on which our website is stored;
• any software used in the provision of our website; or
• any equipment, network, or software owned or used by any third party.

12.3 The site may not be used to garner votes for any political party or candidate.

12.4 You may report another user’s activities, which violate applicable laws and/or these Terms, by emailing theteam@uplift.ie

13. Content Standards

13.1 The following content standards apply to any and all content you contribute to our website, and to any associated services. You must comply with the spirit, as well as the letter, of the following standards. The standards apply to each part of a contribution as well as to its whole.

13.2 Contributions must:

• Be accurate (where they state facts);
• Be genuinely held (where they state opinions); and
• Comply with the applicable law in any country from which they are posted.
• Adhere to Uplift’s values of equality, social justice, democracy and sustainability.

13.3 Contributions must not:

• Contain any material which is defamatory of any other person;
• Breach the data protection or privacy rights of any person;
• Contain any material which is obscene, offensive, hateful, or inflammatory;
• Promote sexually explicit material;
• Promote violence;
• Promote discrimination based on ethnicity including membership of a minority community, marital status, gender, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, copyright, database right, trademark, or other intellectual property right of any other person;
• Be likely to deceive any other person;
• Jeopardise Uplift’s political independence;
• Be made in breach of any legal duty owed to a third party, such as contractual duty or a duty of confidence;
• Promote any illegal activity;
• Be threatening, abusive, or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety;
• Be likely to harass, embarrass, alarm, any other person;
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• Give the impression that they emanate from uplift, if this is not the case;
• Advocate, promote, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Contribute to the spread of disinformation; or
• Conflict with Uplift’s core values as stated above

14. Uploading and contributing material to our site

14.1 When you upload content to the website or make contact with other users of the website, you must comply with all applicable laws and the Content Standards set out in Section 13. You guarantee that your contribution complies with applicable laws and our Content Standards, and you indemnify us for any breach of that warranty.

14.2 Any content you upload to our website is considered non-confidential and non-proprietary. We have the right to use, copy, distribute, and disclose to third parties, any such content, for any purpose. We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to the website constitutes a violation of their intellectual property rights, or of their right to privacy.

14.3 We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the website.

14.4 We have the right to remove any content or posting you make on the Website if, in our opinion, such content does not comply with the Content Standards (see Section 13 above).

14.5 You understand and agree that we may, in our sole discretion and without notice, edit and/or remove any content you have created on our website.

15. Viruses, hacking and other offences

15.1 You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, or any other material which is malicious or technologically harmful.

15.2 You must not introduce similar computer codes designed to adversely affect the operation of any computer software or hardware.

15.3 You must not attempt to gain unauthorised access to the website, the server on which the website is stored, or any server, computer, or database connected to the website.

15.4 You must not attack the website using a denial-of-service attack or a distributed denial-of service attack.

15.5 By breaching this provision, you may be committing a criminal offence under the Criminal Justice (Theft and Fraud Offences) Act 2001, the Criminal Damage Act 1991, and the Criminal Justice Act 2011, or other applicable legislation.

15.6 We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.

15.7 We are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

15.8 You must not harvest or collect email addresses, mobile phone numbers or other personal information about other users of our website for the purpose of sending unsolicited commercial messages or for any other purpose other than your campaign.

16. Suspension and termination

16.1 We will determine, in our discretion, whether there has been a breach of the Terms through your use of our website. If a breach of the Terms has occurred, we may take such action as we deem appropriate. Failure to comply with the Terms constitutes a material breach of the terms upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our website.
• Refusal to publish or post, or immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
• Issuing a warning to you.
• Issuing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Taking further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
• Limiting or restricting access to features or content

16.2 We exclude liability for actions taken in response to breaches of the Terms. The responses described in the Terms are not limited, and we may take any other action we reasonably deem appropriate with or without notification.

17. Indemnity

17.1 You agree to indemnify us and keep us indemnified (including our directors, agents, volunteers and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses, and claims howsoever incurred by us as a result of your use of this website or a breach by you of any of these Terms.

17.2 In the event that your contributions infringe any rights of any third party, you shall, at your own expense and at your discretion, either obtain the right to use such contribution or render such contribution free of any infringement.

18. Linking to and from the website

18.1 If you wish to make any use of material on the website other than that set out above, please address your request to theteam@uplift.ie.

18.2 The links from the website to other sites and resources provided by third parties are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from using them.

19. Waiver

19.1 If we fail to insist upon strict performance of any of our obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of these rights or remedies and shall not relieve you from compliance with such obligations.

19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of your obligations under these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

19.3 Campaigns on our website are not endorsed or authorised by Uplift

20. Jurisdiction and applicable law

20.1 The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the website. We retain the right to bring proceedings against you for breach of these conditions in your country of residence or in any other relevant country.

20.2 These terms of use, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of Ireland.

21. Closing your account and unsubscribing

21.1 If you signed up to Uplift including MyUplift with a username and password you may close an account at any time by signing in using your account details to close your account. Uplift cannot be held responsible for any information or content that is lost in this process.

21.2 If you wish to stop receiving emails from Uplift you may do so at any time by clicking an “unsubscribe” link, included toward the bottom of all email correspondence Uplift sends and on the website.

21.3 If you wish to obtain a copy of any of the data held about the information held about you by Uplift please submit a request here.

21.4 If you wish to have all your data permanently deleted please you can do this by emailing datadeletion@uplift.ie.

22. Participation in a campaign action

22.1 Uplift provides petitions and other signable campaign actions. If you would like to sign any action on the website, you must provide us with information about yourself that is true, current and complete. You do not need to set up an account to sign an action.

22.2 When you provide Uplift with your email address and, at your option, your mobile phone number, you will be requested to provide consent to receiving transactional messages (including by email, SMS and/or MMS) or messages of specific importance to our service, in line with our obligations under GDPR and as laid out in Uplift’s data protection and privacy policy.

22.3 Campaign actions also include an option to receive campaign related messages from Uplift. Agreeing to receive these messages will permit messages to be sent to you from:

Uplift, in relation to the campaign you participated in and other issues of concern to the Uplift community, the petition creator in relation to the campaign you participated in.

22.4 You can unsubscribe from messages sent by us and/or our related bodies and trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails.

22.5 You may request details of all activity in relation to your participation with Uplift actions and campaigns.

22.6 You acknowledge that:

• Where explicit consent has been granted by you that when you sign a campaign on our website, your name, eir/postcode and (if you have supplied it) your mobile phone number may be made available to the creator of the campaign;
• the creator of a campaign may export the campaign, together with any information you have provided on our website, subject to consent being granted by you, in connection with the campaign (including your name, post code, phone number and comments), and issue a copy of this information to the individual or organisation being petitioned and/or otherwise publish, broadcast, communicate and display publicly your involvement in the campaign; and
• we are not in control over messages sent to you by the creator of the campaign.
• you release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with your involvement in any campaign you sign on our website (including any messages you receive from the creator of a campaign) and any messages you receive from other users of our website.

24. Using the website with a third-party identity provider

24.1 If an option to access Uplift features using a third party identity service is provided (such as Facebook, Google or OpenID), choosing such an option will grant Uplift permission to access some of your profile information from the service for the purpose of enabling our features. This is limited to basic profile information, contact details and a user id and may be stored or merged with existing user profiles you have created on the website.

25. Severability

25.1 If any of these Terms are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such terms, conditions, or provisions will be removed from the remaining terms, conditions, and provisions which continue to be valid to the fullest extent permitted by law.