Benefacts Developer Portal

These terms and conditions govern your use of the Benefacts Application Platform Interface (API Terms). By ticking the box to indicate acceptance, you agree that you hereby bind the legal entity that you represent to the Benefacts’ Terms and Conditions, Privacy Statement, Cookie Policy and these supplemental API Terms.

Terms defined in the Benefacts Terms and Conditions shall have the same meaning in this document unless expressly stated otherwise.

Where there is a conflict between the Benefacts Terms and Conditions and these API Terms, the API Terms shall prevail.

These API Terms relate to your use and interaction with the following (together the Benefacts Services):

the the automated electronic information service provided by Benefacts which provides on-line access to the database of certain directory, governance and financial data derived from documents placed in the public domain by nonprofit entities, otherwise known as the Benefacts Application Platform Interface (Benefacts API);
communications to and from the Benefacts API (API Requests); and
the information obtained from us through the Benefacts API being the information that we make available free of charge on our website’s search facility (the “Information”).

If you disagree with these API Terms or any part of them, you must not use or access the Benefacts Services.

Your application to use the Benefacts Services shall be subject to our acceptance and upon the terms and conditions contained herein.

Subject to the terms and conditions of these API Terms including but not limited to the Prohibited Uses (see clause 8 below), Benefacts grants you a non-exclusive, non-transferable, nonsublicensable, worldwide, revocable licence to: -

access the Benefacts API to extract the Information;
make API Requests; and
access and use the Information for the Permitted Uses (see clause 9 below).

You are prohibited from:

reproducing the Benefacts Service or a service similar to it comprising part or all of the Information extracted;
re-selling the Information or any other part of the Benefacts Services,
making more than five (5) API Requests per minute or more than one hundred (100) API Requests in any seven-day period;
using the Information for any purpose contrary to any law or regulation or any regulatory code, guidance or request, including but not limited to data protection and privacy laws;
using the Benefacts Services to a level that may cause a degradation in performance of the systems that are maintained by Benefacts and, in particular, that you will not make API Requests with an incremented company number to perform an organisation search nor with an incremented submission number to perform a submission search;
redistributing, extracting, reutilising, using, exploiting, copying or storing the Information or the Benefacts API for any purpose not expressly permitted by these API Terms;
bundling or syndication of the Information or the Benefacts Service into a commercial offering;
except to the extent permitted by any applicable law, copying, decompiling, reverse-engineering or creating derivative works from the Benefacts API;
using the Information in a misleading way;
using the Information for the purpose of advertising or promoting a particular product or service;
using the Information for or in support of or alongside illegal, immoral, fraudulent or dishonest purposes;
using the Benefacts Services in any way or taking any action that causes, or may cause, damage to the Benefacts Services or impairment of the performance, availability or accessibility of the Benefacts Services;
using the Benefacts Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
using the Benefacts Services in any way that will infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
using the Benefacts Services in any way that will infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
using the Benefacts Service in any way that implies our endorsement or support of your business, application or service.
linking the Benefacts Services to any application containing, or displaying the Information alongside, material that would breach the provisions of these API Terms.

You are permitted to:

integrate your application with the Benefacts API;
make up to five (5) API Requests per minute up to a maximum of one hundred (100) API Requests in any seven-day period; and
use the Benefacts Services for your business or personal purposes.

You acknowledge that:

all intellectual property rights in the Benefacts Services are the property of Benefacts or our licensors, as the case may be;
you shall have no rights in or to the Benefacts Services other than the right to use them in accordance with the express terms of these API Terms; and
Benefacts or its licensors has or have made and will continue to incur considerable cost in the obtaining, verification, selection, co-ordination, development, presentation and supply of the Benefacts Services.

You shall co-operate with Benefacts to protect the goodwill and reputation of the Benefacts Services

Any display of the Information by you shall (and you shall procure that those to whom you provide the Information shall):

credit, wherever technically and commercially feasible, Benefacts, any licensor of Benefacts or any other source of the Information specified by Benefacts as the source of the Information;
contain a disclaimer that substantially replicates the one set out in clause 25 below; and
indicate the date on which the data was sourced.

You acknowledge that reference in any element of the Information to trade names or proprietary products where no specific acknowledgement of such names or products is made does not imply that such names or products may be regarded by you as free for general use.

You must obtain API credentials (an API Key) in order to use the Benefacts Services. You must keep this API Key confidential. You are responsible for any activity arising from your failure to keep the API Key confidential.

You must not use the Benefacts Services in any way that will infringe any right of confidence, right of privacy or right under data protection legislation.

You may not use the Information or any part thereof for any direct marketing activity.

Where we make personal data available via the Benefacts Services, we do so having regard to the requirements of data protection legislation. Our making available of such data does not imply the right of any third party to republish such data. You may not re-use any personal data made available via the Benefacts API for any purpose unless you do so in compliance with such legislation. For assistance in determining your obligations under data protection law, please consult the website of the Irish Data Protection Commissioner at www.dataprotection.ie.

Our data is acquired in the main from regulatory sources, and we endeavour to represent at all times the most up-to-date information available from these sources. While every effort is made in preparing material for publication, the Benefacts Services are provided “as-is” without warranty of any kind.

The nature of the sources of much of the information extracted from public records and made available on our website is that it is not fully verified. The information is most often accepted by the relevant regulator or registrar on a good faith basis without having gone through a checking or validation process. Accordingly, you are wholly responsible for assessing whether the website and the information available on the website is suitable for your purposes. In addition, we recommend that you schedule regular API Requests to ensure you are using the most recent update of any Information.

All warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.

Without limiting the effect of the foregoing, Benefacts does not warrant that:

the supply of the Benefacts Services will be free from interruption;
the Benefacts Services are accurate, complete, reliable, secure, useful, fit for purpose or timely; or
the Benefacts Services have been tested for use by you or any third party or that the Benefacts Services will be suitable for or be capable of being used by you or any third party.

We shall have no liability in contract, tort or otherwise arising out of or in connection with the performance or observance of our obligations under these API Terms, and, without prejudice to the generality of the foregoing, we shall not be liable in contract, tort or otherwise for any loss of business, contracts or profits or for any indirect or consequential loss whatsoever.

Without prejudice to the generality of the above,

in no circumstances shall we be liable to you for any loss or damage arising from any interruption to or cessation of the Benefacts Services.
we hereby expressly exclude all liabilities in respect of inaccurate or incomplete Information obtained by the you via the Benefacts Services howsoever arising, including (without limitation) those arising as a result of inaccuracies in the Information provided to us.

You hereby acknowledge that you are aware that the Information has been supplied to us by or on behalf of companies and other persons, pursuant to statutory obligation, and that although very basic checks may have been carried out on the Information, its content has not been verified and that it has been accepted by us in good faith. The fact that Information is on the public record should not be taken to and does not indicate that we have approved, checked, verified or validated it in any way. We make no representations and give no warranty in respect of the accuracy, adequacy, veracity or completeness of any of the Information.

You are wholly responsible for ensuring that those to whom you supply, distribute or publish the Information or information derived from the Information are aware of or are given notice of the matters set out in clause 25.

You hereby ACCEPT AND AGREE that we shall not be liable to it, or to any of your clients or customers or any person claiming under or through you, for any loss or damage, or any costs or expenses arising out of or by virtue of any inaccuracy or untrue or incorrect information contained in the Information or any part thereof, supplied on foot of these API Terms.

As the Benefacts Services are free services, our total aggregate liability to you under these API Terms is limited to the maximum sum of twenty euro (€20).

If you are a business user, you hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these API Terms, or your use of the Benefacts Services.

If we inform you that your usage levels are a cause of concern to us in terms of the likelihood or the actuality of a negative impact on the performance of our systems, you agree to forthwith reduce your level of usage of the Benefacts Services to a level that does not jeopardise our systems and to maintain you level of usage at that lower level.

You acknowledge that if you act contrary to clause 30, this constitutes good and sufficient ground for us to immediately terminate these API Terms and withdraw provision of the Benefacts Services to you.

Without prejudice to our other rights under these API Terms, if you breach these API Terms in any way, or if we reasonably suspect that you have breached these API Terms in any way, we may:

send you one or more formal warnings;
temporarily suspend your access to the Benefacts Services;
permanently prohibit you from accessing the Benefacts Services;
block computers using your IP address from accessing the Benefacts Services;
commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your ability to access the API using your API Key.

In the event that we suspend or prohibit or block your access to the Benefacts Services or a part of the Benefacts Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

We reserve the right to restrict access to the Benefacts Services at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restriction measures.

We may revise these API Terms from time to time. The revised API Terms will apply to the use of the Benefacts Services from the date of its publication on the Benefacts website.

We reserve the right to terminate, discontinue or alter any or all of the Benefacts Services at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Benefacts Services. You may discontinue use of the Benefacts Services at any time. If you wish to terminate these terms, you must provide us with prior written notice.

Upon termination of these API Terms for any reason, you must:

discontinue use of the Benefacts Services; and
delete any Information that you have cached or stored.

Any notice which may be given by us under these API Terms shall be deemed to have been duly given if left at or sent by post to an address notified to us by you as an address to which notices may be sent, or your usual or last known place of abode, business or registered office. Any communication by post between the parties shall be deemed to have been made to the other party on the day on which such communication ought to have been received in due course of post.

If you supply us with an email address, we may (but shall not be obliged to) send you notices by electronic mail. Any notice sent shall be deemed delivered at the time of transmission of the e-mail.

You acknowledge that the Benefacts Services being made available under these API Terms are non-exclusive, concessionary facilities which will also be made available by us to other parties, and that we intend to upgrade and endeavour to further upgrade the services and facilities which we offer to the public and the mode and manner in which the same are and shall be provided to the public and that these API Terms are without prejudice to the manner and mode in which we may continue to provide similar or different functions to the public and others in the future.

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these API Terms.

You hereby agree that you shall not assign, delegate or otherwise deal with all or any of your rights and obligations under these API Terms without our prior written consent.

If a provision of these API Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these API Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Neither party shall be liable to the other in respect of anything which, apart from this provision, may constitute a breach of these API Terms arising by reason of force majeure, namely circumstances beyond our or your control, which events shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, failure or shortage of power or fuel supplies, flood, lightening, drought, sabotage, accident, embargo, strike, lock-out, trade dispute or labour disturbance, the act or omission of telecommunications provider, internet service provider, civil authority, including acts of local government and parliamentary authority, or war, civil commotion or riot.

Failure by us to exercise and enforce any rights conferred by these API Terms shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or any right on any later occasion.

These API Terms, together with our Terms and Conditions, our Privacy Statement and Cookie Policy, and any other terms and conditions of use notified to you, accepted by you, or to which you are bound by the use of any of our services, and the terms of any licences granted to you constitute the entire agreement between you and us in relation to your use of our website. In the event of a conflict between these API Terms and our Terms and Conditions applicable to the users of our website (benefacts.ie), the API Terms shall prevail.

These API Terms shall be governed by and construed in accordance with Irish law.

Any disputes relating to these API Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.

The Benefacts Services shall be provided by us to you from the date of acceptance by us of the Customer’s application and, unless this Agreement is terminated by us in accordance with clauses 31 or 32, shall continue to be provided subject to these API Terms, unless terminated by either party giving not less than one month’s prior written notice.

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