Terms and Conditions

Website Terms and Conditions (Ireland) – ESA Consulting Associates Limited
Effective date: 18.12.2025
Website: [https://www.esa.ie]
Company: ESA Consulting Associates Limited, Consultants, of ESA House, 30/31 Grattan Business Park, Clonshaugh, D17 PD62 (“the Company”, “we”, “us”, “our”)

Purpose and status of these Terms

1.1 These terms and conditions (“Terms”) govern use of this website (“Website”). By accessing or using the Website, a user (“you”, “your”) agrees to be bound by these Terms.

1.2 If you do not agree to these Terms, you must not use the Website.

No solicitor–client relationship and no legal advice

2.1 The Website is provided for general information purposes only. Content on the Website is not legal advice and must not be relied on as such. Information provided is general information only and is not a substitute for advice. The content provided:

General guidance only and is not legal advice;
Law based information is fact-sensitive and time-sensitive;
Outcomes depend on evidence, credibility, procedures and tribunal/court discretion; and
Users must not rely on guides/checklists without case-specific review (particularly for disciplinary/dismissal processes).

2.2 Reading employment guides, downloading templates, subscribing to an employment newsletter, or attending a webinar does not create a client relationship.

2.2 Accessing the Website, submitting an enquiry, or communicating with the Company via the Website does not create a solicitor–client relationship or legal advisor – client relationship or client relationship howsoever arising. A client relationship arises only when:

(a) the Company confirms in writing that a contract for service agreement is in place; and
(b) any required engagement documentation (including client care/terms of business) is issued and accepted.

2.3 The Company is not “on notice” of a dispute until and unless the terms as set out in 2.2 (a) and 2.2 (b) are met.

2.3 Do not act or refrain from acting based on any content on the Website without obtaining appropriate professional advice on the specific facts and circumstances.

Information accuracy and currency

3.1 The Company aims to keep Website content accurate and up to date; however, no warranty is given that content is complete, accurate, or current.

3.2 Legal and regulatory requirements may change, and content may not reflect the most recent developments.

Limitations regarding time limits and procedural deadlines

4.1.Statutory deadlines are strict and can be short and the User must make themselves aware of such deadlines to include:

Workplace Relations Commission (WRC) complaint time limits;

Injunction/High Court urgency issues (e.g. restraining dismissal, confidential information, restrictive covenants).

This is not an exhaustive list.

Availability and Changes to the Website

5.1 The Company may modify, suspend, withdraw or restrict availability of all or any part of the Website at any time, without notice.

5.2 The Company does not guarantee that the Website will be secure, error-free, uninterrupted or free from viruses or other harmful components.

User obligations and acceptable use

6.1 You must use the Website lawfully and must not:

(a) misuse the Website by knowingly introducing viruses, trojans, worms or other material that is malicious or technologically harmful;

(b) 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;

(c) use the Website in any way that breaches any applicable law or regulation, infringes any person’s rights, or is fraudulent or harmful;

(d) interfere with, damage, or disrupt any part of the Website or any equipment, network or software used in its provision.

6.2 The Company may suspend or restrict access to the Website where it reasonably considers that a user is in breach of these Terms.

Enquiries, contact forms and communications

7.1 If the Website allows you to submit enquiries, you must ensure information supplied is accurate and not misleading.

7.2 The Company may monitor and retain communications for quality, training, compliance, and record-keeping purposes, subject to applicable law.

7.3 The Company does not guarantee that messages sent via the Website will be received, read or responded to within any particular timeframe.

7.4 Unsolicited information sent through webforms/email may not be treated as confidential until a conflict check is completed and the Company confirms that a client relationship exists.

7.5 Users should not submit sensitive details (names of employer/employee, allegations, settlement figures, protected disclosures) until the Company confirms that a client relationship exists.

Confidentiality and security of online communications

8.1 Internet communications may not be secure. While reasonable measures may be used to protect communications, the Company cannot guarantee the security or confidentiality of information transmitted via the Website, email, or other electronic means.

8.2 You should not send confidential, sensitive, special category, or time-critical information through the Website unless and until the Company has confirmed the client status and provided appropriate secure channels.

Fees and engagement terms

9.1 Any reference to fees, pricing, or typical costs (if displayed) is indicative only and does not constitute an offer.

9.2 Where the Company accepts instructions, services will be provided under separate engagement terms (client care letter/contract for services) which will prevail in the event of inconsistency.

9.3 The Company may represent employers and/or employees and representation is subject to conflict checks.

Intellectual property

10.1 Unless otherwise stated, the Company owns or is licensed to use all intellectual property rights in the Website and its content, including text, documents, logos, graphics, and layout.

10.2 You may view, print, and download extracts of pages for personal and non-commercial use only.

10.3 You must not reproduce, distribute, modify, create derivative works from, republish or commercially exploit any Website content without prior written permission.

Third-party links and resources

11.1 The Website may include links to third-party websites and resources for convenience. The Company does not control those websites and is not responsible for their content, availability, accuracy, or privacy practices.

11.2 A link does not imply endorsement or approval by the Company unless expressly stated.

Downloads and tools

12.1 Any checklists, templates, publications, calculators or tools provided via the Website are for general guidance only and may not be suitable for your circumstances.

12.2 Any checklists, templates, publications, calculators or tools provided via the Website are not for resale and should not be considered a substitute for advice.

12.2 Use of any such materials is at your own risk.

12.3 The company does not warrant or guarantee that any tools or templates provided are complete and or suitable.

12.4 Please be advised that incorrectly applying templates can worsen exposure (procedural fairness, proportionality, data protection).

12.5 Please be advised that any templates and or tools are not a full compliance manual and do not replace tailored advice, training, or audits; and12.6. Process defects can create liability even where substantive reasons exist (procedural fairness emphasis).

Liability and disclaimer

13.1 To the maximum extent permitted by law, the Company disclaims all warranties, representations and conditions (express or implied) in relation to the Website and its content.

13.2 The Company will not be liable for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with:

(a) use of, or inability to use, the Website;

(b) reliance on any content displayed on the Website;

(d) any unauthorised access to or use of the Company’s servers and/or any personal information stored therein, to the extent not caused by the Company’s failure to take reasonable security measures.

13.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

Privacy and cookies

14.1 The Company’s processing of personal data is described in the Privacy Notice: [link to Privacy Notice].

14.2 Use of cookies and similar technologies is described in the Cookie Policy: [link to Cookie Policy].

14.3 Where required, consent mechanisms will be used for non-essential cookies.

Complaints

15.1 If you wish to raise a complaint about the Company, please refer to the Company’s complaints procedure: [link] or contact:
Complaints Partner/Contact: Bolger and Company Solicitors
Email: [email protected] | Tel: 01 8774608 | Address: Unit 30/31 Grattan Business Park, Clonshaugh, D17 PD62

Governing law and jurisdiction

16.1 These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of Ireland.

16.2 The courts of Ireland shall have exclusive jurisdiction, subject to any mandatory consumer protection provisions that apply.

16.3. Publications assume Irish law and Irish fora unless stated; 16.4. Remote working, choice of law, and jurisdiction questions require case-specific analysis.

Changes to these Terms

17.1 The Company may update these Terms from time to time. The updated version will be posted on the Website and will apply from the stated effective date.

17.2 Continued use of the Website after updates are posted constitutes acceptance of the revised Terms.

Contact details and required information

ESA Consulting Associates Limited

Address: ESA House, 30/31 Grattan Business Park, Clonshaugh, D17 PD62
Telephone: +353 (01) 8774608
Email: [email protected]
VAT number (if applicable): IE 6367777S

Optional add-ons (commonly included on Irish solicitor websites)

A. Disclaimer re outcomes
“Any references to outcomes or experience do not guarantee similar results.”

C. Accessibility statement
Link to accessibility statement and contact method for accessibility issues.

Accessibility Statement and Contact Method

1. Commitment to accessibility

ESA, Employment Law and Health and Safety Consulting Associates Limited (“the Company”), is committed to ensuring digital accessibility for all users, including persons with disabilities. The aim is to provide a website experience that is perceivable, operable, understandable and robust, and to improve accessibility on an ongoing basis.

2. Scope of this statement

This accessibility statement applies to:

Website: www.esa.ie

Content and services published by the Company on this website, including (as applicable):

2.1 HR information resources (e.g., policies, procedures, templates, guidance notes)

2.2 Health and safety resources (e.g., risk assessment templates, safety statements, training materials)

2.3 E-learning or training resources (including videos and quizzes)

2.4 News, updates and alerts (including statutory or regulatory updates)

2.5 Downloads (including PDFs, Word documents, slide decks)

2.6 Contact and support channels (forms, email links and telephone contact)

2.7 User accounts, portals or dashboards (if applicable)

3. Accessibility standard and approach

Accessibility is supported by the following measures:

Logical page structure with meaningful headings and landmarks
Sufficient colour contrast and resizable text without loss of content or function
Keyboard accessibility for navigation, menus, forms and interactive elements
Clear labels, instructions and error messages for forms
Alternative text for meaningful images and icons
Captions and/or transcripts for pre-recorded training videos (where practicable)
Avoidance of content that flashes or could trigger photosensitive reactions
Compatibility with common browsers, screen readers and mobile assistive technologies

4. Measures being taken / remediation plan

ESA is taking the following steps to improve accessibility:

4.1 Conduct periodic accessibility audits (automated and manual testing).

4.2 Adopt accessible authoring standards for new HR and health & safety documents (including tagged PDFs, accessible Word templates, and accessible HTML pages where appropriate).

4.3 Prioritise remediation of the most-used documents and training materials.

4.4 Improve captions/transcripts for training videos and ensure new video content is published with captions.

4.5 Review interactive tools and forms to ensure labels, focus order and error messaging support assistive technologies.

4.6 Monitor third-party suppliers for accessibility performance and provide reasonable alternatives where necessary.

4.7 Provide guidance/training for content editors on accessible content creation.

5. Alternatives and assistance

Where content is not fully accessible, ESA will provide information in an alternative format upon request, where reasonably practicable. This may include:

Providing an accessible version of a document;
Providing information in HTML format rather than PDF;
Providing a transcript of a training video; or
Providing information by telephone or email in a suitable format.

6. Feedback and contact method (Accessibility Contact Point)

Feedback regarding the accessibility of www.esa.ie is welcomed. Reports of accessibility barriers and requests for alternative formats may be submitted via:

Email: [email protected]

Telephone: [+353 (0)1 8774608 (Mon–Fri, 9.00 am to 5.00 pm)

Postal address: ESA, ESA House, Grattan Business Park, Clonshaugh, D17 TH74

Suggested information to include in a request:

The webpage address (URL) and/or the title of the document or training module;

A description of the issue encountered;

The assistive technology and browser/device used (if relevant);

The format requested (e.g., accessible PDF, HTML, large print, transcript, alternative training format); and

Contact details for a response.

Response timeframe:

ESA aims to acknowledge accessibility feedback within one working day and to respond substantively within the same day, where reasonably practicable.

Privacy Notice

This Privacy Notice explains how Employment and Health and Safety Consulting Associates Limited (“the Company”, “we”, “us”, “our”) collects and uses personal data when individuals visit or interact with www.esa.ie (“the Website”).

This notice should be read together with any Cookie Policy and any service-specific privacy information displayed at the point of collection.

1. Who is the data controller?

The data controller is: Employment and Health and Safety Associates Limited

Data Protection Officer (“DPO”): Joseph Bolger

DPO contact: [email protected]

2. What personal data is collected (and from where)?

We collect personal data in the following ways:

2.1 Data provided directly by users

This may include:

Identification and contact details (e.g., name, email address, telephone number, job title, organisation)
Account details (if the Website provides account registration): username, password (stored in encrypted/hashed format), login history
Preferences and consent choices (e.g., marketing opt-in/opt-out)
Enquiry details and correspondence content (including attachments)

2.2 Data collected automatically from the Website

This may include:

Device and technical data (e.g., IP address, browser type, device identifiers, operating system, language settings)
Usage data (e.g., pages visited, time spent, referring URLs, clicks, interactions)
Approximate location data inferred from IP address
Cookie identifiers and similar online identifiers (as described in the Cookie Policy)

2.3 Data received from third parties (where applicable)

This may include:

Analytics and advertising partners (subject to cookie choices)
Social media platforms where a user interacts with our pages or content
Payment providers (if purchases are enabled) (typically confirmation of payment status and limited transaction details, not full card details)

3. Why personal data is processed (purposes and legal bases)

Personal data is processed only where there is a lawful basis under the GDPR.

3.1 Responding to enquiries and providing support

Purpose: to respond to messages submitted through forms, email links or phone calls; provide requested information; manage communications.

Categories of data: contact details; enquiry content; correspondence.

Legal basis: legitimate interests (Article 6(1)(f)) in operating and administering communications; or steps taken at the request of the data subject prior to entering a contract (Article 6(1)(b)) where relevant.

3.2 Providing the Website and maintaining its security

Purpose: to deliver Website content; ensure network and information security; prevent fraud; investigate suspicious activity; maintain logs.

Categories of data: technical data; usage data; IP address; security logs.

Legal basis: legitimate interests (Article 6(1)(f)) in operating a secure and reliable Website.

3.3 Managing user accounts

Purpose: create and administer user accounts; authenticate users; provide account-related features.

Categories of data: account details; contact details; login history.

Legal basis: performance of a contract (Article 6(1)(b)) or legitimate interests (Article 6(1)(f)) depending on the nature of the service.

3.4 Providing requested services or content (including downloads, resources, webinars)

Purpose: to provide resources, register attendance, deliver materials.

Categories of data: contact details; organisation details; participation records.

Legal basis: performance of a contract (Article 6(1)(b)) and/or legitimate interests (Article 6(1)(f)).

3.5 Marketing communications

Purpose: to send newsletters, updates, and event invitations.

Categories of data: contact details; marketing preferences; engagement metrics (e.g., opens/clicks) where enabled.

Legal basis: consent (Article 6(1)(a)) where required; otherwise legitimate interests (Article 6(1)(f)) to promote our services, subject to applicable ePrivacy rules and opt-out rights.

3.6 Analytics and performance measurement

Purpose: to understand how the Website is used; improve user experience and content; measure performance.

Categories of data: technical data; usage data; cookie identifiers.

Legal basis: consent (Article 6(1)(a)) where analytics cookies/technologies are used; otherwise legitimate interests (Article 6(1)(f)) for strictly necessary measurement using privacy-preserving configurations (as applicable). (Align with the Cookie Policy.)

3.7 Legal and compliance purposes

Purpose: comply with legal obligations; respond to lawful requests; establish, exercise or defend legal claims.

Categories of data: any relevant categories depending on the matter.

Legal basis: legal obligation (Article 6(1)(c)) and/or legitimate interests (Article 6(1)(f)); and Article 9(2)(f) where special category data is involved in legal claims.

4. Special category data and criminal conviction data

We do not intentionally collect special category data (e.g., health data) or criminal conviction data via the Website. Users are requested not to submit such information through Website forms or email unless specifically requested.

Where such data is received, it will be processed only where permitted by law and with appropriate safeguards.

5. Cookies and similar technologies

The Website uses cookies and similar technologies. Further information about the cookies used, their purposes, and how to manage preferences is set out in the Cookie Policy: [Cookie Policy URL].

Users may change cookie preferences at any time via: [Cookie Preferences Tool URL].

6. Who personal data is shared with (recipients)

Personal data may be shared with:

6.1 Service providers (processors)

Providers who support operation of the Website and business systems, such as:

Website hosting and infrastructure providers
Such providers process personal data on documented instructions and are subject to contractual confidentiality and security obligations.
Learning management systems / webinar platforms (if applicable)
Payment providers (if applicable)
Security and monitoring providers
Analytics providers (subject to cookie choices)
Customer support/ticketing systems
Email and communications platforms

6.2 Professional advisers and authorities

Professional advisers (e.g., legal, audit, insurers) where necessary
Regulators, law enforcement, courts or other third parties where required by law or to protect rights

6.3 Corporate transactions

Personal data may be disclosed in connection with a merger, acquisition, reorganisation, or sale of assets, subject to appropriate safeguards.

7. Data retention

Personal data is retained only for as long as necessary for the purposes set out in this notice, including to comply with legal, accounting, and regulatory requirements.

8. Data security

Appropriate technical and organisational measures are implemented to protect personal data, including access controls, encryption in transit where appropriate, and security monitoring. No method of transmission or storage is completely secure; however, reasonable measures are applied to mitigate risk.

9. Individual rights (data subject rights)

Subject to the GDPR, individuals have the right to:

request access to personal data;
Where the processing is based on legitimate interests, information about the balancing assessment may be requested.
withdraw consent at any time where processing is based on consent (without affecting the lawfulness of processing prior to withdrawal).
request data portability (where applicable); and
object to processing based on legitimate interests and to direct marketing;
request restriction of processing (in certain circumstances);
request erasure (in certain circumstances);
request rectification of inaccurate data;

10. How to contact the Company about privacy

Privacy-related queries and rights requests may be submitted to:

Email: [email protected]

To help locate the relevant data, include: full name, contact details used with the Website, and the nature of the request.

11. Right to lodge a complaint

Individuals have the right to lodge a complaint with the Data Protection Commission (Ireland):

Website: https://www.dataprotection.ie/

Address: 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland

12. Changes to this Privacy Notice

This Privacy Notice may be updated from time to time to reflect changes in legal requirements or how the Website operates. The “Date” at the top indicates when it was last updated. Where appropriate, material changes will be communicated via the Website.