Terms and conditions
WEBSITE TERMS AND CONDITIONS OF USE
1 Introduction and acceptance of terms
1.1 Welcome to peabody.org.uk. This website is owned by The Governors of The Peabody Trust, of 45 Westminster Bridge Road, London SE1 7JB (“Peabody”). Peabody provides its service to you, subject to the following terms and conditions, which may be updated from time to time without notice to you ("Terms"). It is your responsibility to regularly check these Terms and ensure that you agree to them prior to using this website. Unless you agree to be bound by these Terms you should exit this website immediately. Nothing in these Terms affects your statutory rights.
1.2 In addition, when using particular Peabody services, you and Peabody shall be subject to such other terms and conditions that are posted on the relevant service to which they apply. All such terms and conditions are hereby incorporated into these Terms by reference. In the event of any inconsistency the terms and conditions of the particular service shall prevail.
2.1 Although Peabody has made all reasonable efforts to ensure that the website is free from viruses and other damaging components, Peabody cannot guarantee this. Neither can Peabody guarantee that use of the website will be uninterrupted, timely, secure and/or error-free.
2.2 You expressly acknowledge and agree that this website and its contents are provided by Peabody on an "as is" and "as available" basis and no representations or warranties of any kind are made (and are expressly disclaimed to the fullest extent permitted under law) with respect to the website and its contents, and the services offered thereon.
2.3 Peabody is not responsible or liable for and does not endorse any websites which you may visit via hyperlinks provided from time to time on this website and you visit and carry out transactions on such websites entirely at your own risk.
2.4 All information provided on this website is subject to change without notice. While Peabody makes all reasonable efforts to ensure that information published is up to date and accurate Peabody does not guarantee this.
3 Limitation of liability
3.1 You expressly acknowledge and agree that except in relation to death or personal injury caused by Peabody's negligence or for fraudulent misrepresentation (in which cases Peabody's liability to you will be unlimited), Peabody will not be liable for any damages or losses whether direct or indirect that you may suffer as a result of any failure by Peabody to deliver the services or part thereof (including, but not limited to, as a result of a server failure). Such damages or losses include but are not limited to access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of telephone or mobile telephone networks. The exclusion set out in this paragraph shall apply even in the event that the loss or damage suffered by you was or should have been foreseen by Peabody and/or you told Peabody of the risk of you suffering the loss or damage in question.
3.2 You agree to fully indemnify Peabody in respect of all liabilities, damages, claims, actions, expenses, taxes, demands or costs incurred by Peabody due to your misuse of the website or any breach by you of the Terms or arising out of any messages, information or materials uploaded, posted, distributed, or transmitted to or though this website by you.
4 Your account
4.1 If you register as a user of this website you will select a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify Peabody of any unauthorised use of your username and password or other breach of security by contacting Peabody Direct.
4.2 By registering and opening an account you warrant to Peabody that any information that you may from time to time provide to Peabody, whether as part of the registration process or not, is complete, true, accurate and not misleading in any way. Please inform Peabody immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the myPeabody area of the website.
4.3 Peabody reserves the right to refuse any application to open an account and/or to suspend and/or terminate your account:
4.3.1 at any time at Peabody's sole discretion and without providing you with reasons for Peabody's decision,
4.3.2 if it transpires that any information you may have provided to Peabody is untrue, inaccurate, incomplete, out of date or otherwise misleading,
4.3.3 if you fail to provide Peabody with any information which Peabody may reasonably request from you in order to verify any details which you may have provided to Peabody, or
4.3.4 if you are in breach of the Terms or otherwise use the website in an unauthorised manner.
5 Peabody's use of information
5.1 By continuing to use this website and thereby accepting these Terms, you hereby give authority to Peabody, and its sub-contractors, to use the information supplied by you for the purpose of providing and supporting the services offered through this website. If you are a tenant and providing information in relation to your tenancy, then the information supplied by you may be passed to relevant departments or subcontractors of Peabody.
6 Your obligations
You must not do or attempt to do anything which would hamper or otherwise interfere with the operation of the website. Further, you must not use the website for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include without limitation pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights (including without limitation IPR as defined in condition 8.1 below) of Peabody and/or any third party) or which encourages criminal acts or contains any virus or other harmful code.
7 Not advice
7.1 This website may contain advice, opinions, and statements of various information providers and content providers. You should consult an Independent Financial Adviser before making any important decisions about your finances. The value of any tax benefits or reliefs referred to in the website's content will depend upon your own individual circumstances and these amounts change frequently. You should always verify these values with original sources and/or consult a qualified accountant.
8 Intellectual Property Rights
8.1 For the purposes of these Terms the term "IPR" shall mean intellectual property rights which include, but are not limited to copyrights, registered designs, patents, trademarks, service marks, design rights (whether registered or unregistered) semiconductor rights, database rights, trade secrets, rights of confidence and all other similar rights (including applications for the registration of any of the foregoing rights) and all other renewals and extensions thereof in any part of the world.
8.2 All IPR subsisting in the website and its content and the services is either owned by Peabody or licensed to Peabody. You may not reproduce any materials without the express prior written consent of Peabody nor do or attempt to do anything which infringes IPR owned by Peabody or which may be licensed to Peabody by a third party.
8.3 You are permitted to print and download extracts from the website for your own use on the following basis:
8.3.1 no documents or related graphics on the website are modified in any way,
8.3.2 no graphics on the website are used separately from the corresponding text, and
8.3.3 Peabody's copyright and trade mark notices appear in all copies.
9.1 These Terms shall be governed by and construed in accordance with English law. Both Peabody and you hereby submit to the exclusive jurisdiction of the English courts.
9.2 The website and the services offered on the website constitute an invitation to treat and should not be construed as an offer to enter into a contract. Peabody reserves the right to decline applications submitted through the website.
9.3 Peabody reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the services (or part thereof) offered on this website with or without notice. You agree that Peabody shall not be liable for any modification, suspension or discontinuance of such services.
9.4 If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, it shall be deleted from these Terms and the other provisions (or parts of that provision) shall remain in full force and effect and continue to be binding and enforceable.