Development User Terms
1.1 These terms and conditions ("Terms") cover your use of the pages and website programming software, interfaces, tools and other related materials ("Development Tools") provided or made available by Peters Limited (trading as “Support your school”) (“Peters”) for the purposes of you developing and creating pages and/or a website in order to facilitate donations to you (“Website”).
1.2 By registering as a school or other education institution, you or the entity that you represent ("School" or "you") are agreeing to be bound by these Terms. By continuing to use the Development Tools you are agreeing to these Terms.
1.3 We reserve the right to limit, suspend or terminate your access to the Development Tools and Website at any time.
1.4 We reserve the right to change, modify, update or terminate the Development Tools and Website at any time.
1.5 Peters has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Development Tools or the Website.
1.6 We may decide what features to include in the Development Tools and whether to make them optional or mandatory. We reserve the right to alter these practices, policies and limits, in our sole discretion, with or without notice, although we will use reasonable endeavours to notify you where possible.
1.7 We also reserve the right to change, modify or update the Terms at any time.
- Data accuracy
2.1 You confirm that the data you provide Peters (whether via the Development Tools or otherwise) including contact details is accurate and up-to-date and that you will keep the data up-to-date.
2.2 If you use the Development Tools to pass data to Peters you are responsible for ensuring that the data you provide is complete and accurate.
We require that you are a school or other education institution to register for and to use the Development Tools.
4.1 Peters grants you a worldwide, non-exclusive, non-sublicensable, revocable, non-transferable licence to use the Development Tools to develop and create the Website, providing you comply with these Terms.
4.2 The Development Tools are protected by intellectual property rights and other proprietary rights. All ownership and intellectual property rights in the Development Tools, as between you and Peters, belong exclusively to Peters. Except as expressly mentioned in the Terms, you are not granted any right, title, or interest in any intellectual property owned or licensed by Peters, including (but not limited to) the Development Tools.
4.3 If you notice any infringement of your or our intellectual property rights please notify us as soon as reasonably practicable.
5.1 The Development Tools may include branding for Peters. You agree that you will not remove, alter or change any such branding.
5.2 Except as provided through the Development Tools (and except to the extent such restrictions are expressly prohibited by applicable law), you agree not to copy, reverse engineer, decompile or disassemble Peters’ code, the Development Tools or the Website.
5.3 Peters may update files on its servers that will automatically change the functionality of the Development Tools and the Website. By accepting these Terms you are consenting to those updates.
5.4 You agree that Peters has the right to (i) use your name and trademarks to identify you as a user of its “Support your school” service and (ii) display the output of your use of the Development Tools.
- Prohibited content
6.1 You are responsible for all content, services and advertising available through your Website or that you incorporate into it or promote through it. If your Website or any of the content available on your Website (or if your use of the Development Tools otherwise) falls within any description below you may not incorporate or use the Development Tools in connection with your Website:
- a) Contains adult content, including sexually explicit content or any other content not appropriate for general audiences.
- b) Offers or promotes gambling or games of chance.
- c) Promotes or facilitates any illegal activity, breaches the law or breaches the rights of any third party.
- d) Constitutes, promotes or is used for the purpose of dealing in: spyware, adware, or other malware; counterfeit goods; items subject to embargo; unsolicited mass distribution of e-mail; multi-level marketing proposals; hate materials; hacking/surveillance/interception/descrambling equipment; libelous material; defamatory material; material invasive of another person’s privacy; material which infringes any proprietary rights of any party; abusive or otherwise offensive content; body parts/fluids; stolen products or items used for theft; fireworks, explosives, or hazardous materials; or weapons.
6.2 Peters reserves the right to terminate or suspend your access to the Development Tools and the Website at its discretion, including if Peters determines that the Website is harmful to or inconsistent with Peters’ reputation and goodwill.
- Compliance obligations
7.1 Peters will not be responsible for any claim based on any content created or posted using the Development Tools, including any claim that the content violates any person's rights or is defamatory, libellous or otherwise illegal. You acknowledge that you are responsible for monitoring and controlling content in connection with your Website.
7.2 You agree to comply with all applicable laws.
7.3 You are responsible for all information, recordings, videos, music, sound, photographs, messages or other materials ("content") that you or any of your Website users upload, store, post, publish, display or otherwise transmit or use in connection with your Website.
7.4 You acknowledge that using the Development Tools in no way implies Peters’ endorsement of your School or the Website (or the Website’s content) and you agree not to suggest otherwise.
- Security obligations
8.1 You must ensure that all networks, computer and operating systems, software and other systems used to operate your Website have appropriate security measures in place to prevent unauthorised access to or use of the Development Tools and the Website.
8.2 You understand that the operation of the Development Tools, including your content, may be unencrypted and involve (i) transmissions over various networks; (ii) updates to comply with technical requirements of connecting networks or devices and (iii) transmission to Peters’ third party vendors and partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Development Tools.
8.3 You are responsible for the security, protection and backup of your content. Peters has no liability for any unauthorised access or use of any content, or any corruption, deletion, destruction or loss of any content or data.
8.4 Peters may preserve and disclose content if required to do so by law.
- Representations and warranties
You represent and warrant that:
9.1 You have the right to use, reproduce, transmit, copy, publicly display, perform, and distribute any content or data on your Website or that is used or incorporated with the Development Tools, and that neither your Website nor any related content breach the rights of any third party, or any applicable regulation or law.
9.2 You have all necessary rights and authorisations to agree to these Terms and to use the Development Tools as contemplated by these Terms.
9.3 Your agreement and compliance with these Terms and use of the Development Tools will not break any law or regulation or breach any contract.
10.1 Without prejudice to any other rights or remedies, Peters can terminate or suspend your use of the Development Tools and Website for any reason at any time. We will use reasonable endeavours to notify you prior to such termination/suspension.
10.2 You may terminate your acceptance of these Terms at any time by deleting your account and by asking us to remove your Website.
10.3 On termination of these Terms or your access to the Development Tools and Website:
- a) all rights granted by either party to the other will terminate;
- b) we will as soon as reasonably practicable take down your Website; and
- c) all of your content on the Website may be permanently deleted by Peters.
10.4 The following provisions shall remain in full force and effect following any termination of the parties' obligations under these Terms: clauses 1, 8, 11 and 12.
- Limitation of liability
11.1 You acknowledge that you use the Development Tools and Website at your own risk. Peters is not liable for any loss or damage which you may suffer (i) through use of the Development Tools or Website or (ii) the Development Tools or Website being unavailable to use.
11.2 Neither party shall exclude or limit their liability to the other party for death or personal injury or for any other matter which it is illegal to exclude or attempt to exclude liability.
11.3 Neither party shall be liable to the other in respect of indirect losses which shall include without limitation loss of goodwill; loss of use; loss of business opportunity; loss of business; loss of anticipated savings; loss of production; loss of reputation; and any other claim for special, consequential loss or for incidental loss of any nature.
You shall indemnify and keep Peters and its affiliates, licensors, agents, service providers and partners indemnified against all costs, expenses, liabilities, injuries, damages, claims, demands, proceedings, expenses (including legal and other professional fees and expenses) and any other losses they incur which arise from:
- your breach of a third party’s rights;
- your breach of applicable laws/regulations; and
- your breach of these Terms.
13.1 If you authorise or assist another person or entity to take any action related to the subject matter of these Terms, you will be deemed to have taken the action yourself.
13.2 Please be aware that our website may provide access to other websites by linking to them. We are not responsible for the data policies (including data protection and cookies), content or security of these linked websites.
13.3 These Terms constitute the entire agreement between the parties relating to the subject matter of these Terms and replace all prior negotiations, representations and undertakings, whether by written or oral agreement and understandings relating to the subject matter. The parties acknowledge and agree that they have not entered into the Terms in reliance on any representation, warranty, statements, promises or undertakings which are not set out or referred to in the Terms. Nothing in these Terms attempts to exclude any liability which one party would otherwise have to the other in respect of any statements made fraudulently.
13.4 Nothing in these Terms will give rise to any relationship of agency, partnership or employment between the parties.
13.5 Except as otherwise expressly provided in these Terms there shall be no third party beneficiary to these Terms.
13.6 If any provision of these Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
13.7 If you wish to assign, transfer, charge, sub-license or deal in any other manner with all or any of your rights or obligations under these Terms, you must first obtain Peters’ written consent. Peters may at any time assign, transfer, charge, sub-license or deal in any other manner with all or any of its rights or obligations under these Terms.
13.8 Any variation to these Terms must be agreed in writing by Peters.
13.9 The rights of each party arising out of any provision or breach of these Terms shall not be waived unless in writing. Any waiver by a party to any breach of these Terms shall not be construed as a waiver of any other rights or remedies of any other or further breach.
13.10 Unless provided otherwise, rights arising under the Terms are cumulative and do not exclude rights provided by law.
13.11 All headings in these Terms are for convenience only and have no legal or contractual effect.