Terms and conditions of use

Introduction

These terms and conditions (Terms) apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own Terms), and Peterborough Environment City Trust, the owner and operator of this Website (PECT, we us). By using the Website you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Website. We recommend you print a copy for future reference. Please read these Terms carefully, as they affect your legal rights. If you do not agree to be bound by these Terms, you should stop using the Website immediately.

In these Terms, User or Users means any third party that accesses the Website and is not either (i) employed by PECT, and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to PECT, and accessing the Website in connection with the provision of such services.

1 WHO WE ARE

 

1.1 PECT is a Registered Charity (No. 1023929) and Company (No. 2834975), whose registered office is at The Green House, 4-6 Cowgate, Peterborough PE1 1NA. Website www.pect.org.uk.

1.2 You can contact us by email on info@pect.org.uk

 

2 INTELLECTUAL PROPERTY AND ACCEPTABLE USE

 

2.1 All Content included on the Website, unless uploaded by Users, is the property of PECT, our affiliates or other relevant third parties. In these Terms, Content includes any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website, you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

2.2 You may, for your own personal, non-commercial use only, do the following:

2.2.1 retrieve, display and view the Content on a computer screen; and

2.2.2 print one copy of the Content.

2.3 You may use the Website only for lawful purposes. You may not use the Website:

2.3.1 in any way that breaches any applicable local, national or international law or regulation;

2.3.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

2.3.3 for the purpose of harming or attempting to harm minors in any way;

2.3.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in clause 4.

2.3.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and

2.3.6 to knowingly 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.

2.4 You also agree:

2.4.1 not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of these Terms;

2.4.2 not to access without authority, interfere with, damage or disrupt:

2.4.2.1 any part of the Website;

2.4.2.2 any equipment or network on which the Website is stored;

2.4.2.3 any software used in the provision of the Website; or

2.4.2.4 any equipment or network or software owned or used by any third party.

2.5 You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

 

3 INTERACTIVE SERVICES

 

3.1 We may from time to time provide interactive services on the Website, including, without limitation:

3.1.1 Chat rooms;

3.1.2 Bulletin boards; and

3.1.3 Any other interactive features.

3.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

3.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

3.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

3.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

4 CONTENT STANDARDS

 

4.1 These content standards apply to any and all material which you contribute to the Website (Contribution), and to any interactive services associated with it.

4.2 The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

4.3 We will determine, in our absolute discretion, whether a Contribution breaches the Content Standards.

4.4 A Contribution must:

4.4.1 be accurate (where it states facts);

4.4.2 be genuinely held (where it states opinions);

4.4.3 comply with the law applicable in England and Wales and in any country from which it is posted;

4.5 A Contribution must not:

4.5.1 be defamatory of any person;

4.5.2 be obscene, offensive, hateful or inflammatory;

4.5.3 promote sexually explicit material;

4.5.4 promote violence;

4.5.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

4.5.6 infringe any copyright, database right or trade mark of any other person;

4.5.7 be likely to deceive any person;

4.5.8 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

4.5.9 promote any illegal activity;

4.5.10 be in contempt of court;

4.5.11 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

4.5.12 be likely to harass, upset, embarrass, alarm or annoy any other person;

4.5.13 impersonate any person, or misrepresent your identity or affiliation with any person;

4.5.14 give the impression that the Contribution emanates from Peterborough Environment City Trust, if this is not the case;

4.5.15 advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;

4.5.16 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and

4.5.17 contain any advertising or promote any services or web links to other sites;

 

5 BREACH

 

5.1 When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.

5.2 Failure to comply with these Terms constitutes a material breach of these Terms and may result in our taking all or any of the following actions:

5.2.1 immediate, temporary or permanent withdrawal of your right to use the Website;

5.2.2 immediate, temporary or permanent removal of any Contribution uploaded by you to the Website;

5.2.3 issue of a warning to you;

5.2.4 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;

5.2.5 further legal action against you; and

5.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

5.3 We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

6 WARRANTIES

 

You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these Terms and will not cause injury to any person; and that you will indemnify PECT for all claims resulting from Content you supply.

 

7 CHANGES

 

7.1 We amend these Terms from time to time. Every time you wish to use the Website, please check these Terms to ensure you understand the terms that apply at that time.

7.2 We may update and change the Website from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

7.3 We may suspend or withdraw the Website.

7.4 Our Website is made available free of charge.

7.5 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

7.6 You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

8 ACCOUNT DETAILS

 

8.1 If you choose, or 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. You must not disclose it to any third party.

8.2 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 reasonable opinion you have failed to comply with any of the provisions of these Terms.

8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@pect.org.uk.

 

9 HOW YOU MAY USE MATERIAL ON THE WEBSITE

 

9.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

9.4 Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

9.5 You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

9.6 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

10 RELIANCE ON INFORMATION ON THE WEBSITE

 

10.1 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

10.2 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

 

11 LINKS TO OTHER WEBSITES

 

11.1 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

11.2 We have no control over the contents of those sites or resources.

 

12 USER-GENERATED CONTENT IS NOT APPROVED BY US

 

12.1 This Website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values.

12.2 If you wish to complain about information and materials uploaded by other users please contact us on info@pect.org.uk.

 

13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

13.1 Whether you are a consumer or a business user we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

13.2 If you are a business user:

13.2.1 we exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it.

13.2.2 we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

13.2.2.1 use of, or inability to use, the Website; or

13.2.2.2 use of or reliance on any content displayed on the Website.

13.2.3 in particular, we will not be liable for:

13.2.3.1 loss of profits, sales, business, or revenue;

13.2.3.2 business interruption;

13.2.3.3 loss of anticipated savings;

13.2.3.4 loss of business opportunity, goodwill or reputation; or

13.2.3.5 any indirect or consequential loss or damage.

13.3 If you are a consumer user:

13.3.1 please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3.2 if defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

14 UPLOADING CONTENT

 

14.1 Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in clause

4.14.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

14.3 Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

14.4 We also have the right to disclose your identity to any third party who is claiming 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.

14.5 We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in clause 4.

14.6 You are solely responsible for securing and backing up your content.

14.7 We are not responsible for viruses and you must not introduce them.

14.8 We do not guarantee that the Website will be secure or free from bugs or viruses.

14.9 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

14.10 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. 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. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate 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 RULES ABOUT LINKING TO THE WEBSITE

 

15.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

15.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15.3 You must not establish a link to the Website in any website that is not owned by you.

15.4 Our Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

15.5 We reserve the right to withdraw linking permission without notice.

15.6 The website in which you are linking must comply in all respects with the content standards set out in clause 4.

15.7 If you wish to link to or make any use of content on the Website other than that set out above, please contact info@pect.org.uk.

 

16 PRIVACY POLICY AND COOKIES POLICY

 

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms by this reference. To view the Privacy Policy and Cookies Policy, please click here.

 

17 AVAILABILITY OF THE WEBSITE AND DISCLAIMERS

 

17.1 Any online facilities, tools, services or information that PECT makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. PECT is under no obligation to update information on the Website.

17.2 Whilst PECT uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

17.3 PECT accepts no liability for any disruption or non-availability of the Website.

17.4 PECT reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

 

18 GENERAL

 

18.1 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms where we reasonably believe your rights will not be affected.

18.2 These Terms together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms.

18.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.

18.4 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.

18.5 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

 

19 APPLICABLE LAW

 

19.1 If you are a consumer, please note that these Terms, the subject matter and formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

19.2 If you are a business, these Terms, the subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

November 2017