These terms and conditions (Terms) set out the basis on which you may browse, use and subscribe for regular email services from, our website, Pinboard.com (Site) and its associated app (together, the Platform).
The Site is owned and operated by Ourpinboard Limited, a company registered in England with company number 09024937 and whose registered office address is at 2-3 Ledbury Mews West, London W11 2AE (we, us or our).
If you would like to contact us for any reason please do so at the address in 1.2 above or email email@example.com.
Changes to the Terms
We may revise the Terms from time to time in the event that there are changes in relevant laws and regulatory requirements or there are changes to our business practices.
If you are an existing subscriber we will email you and give you reasonable advance notice of any changes to these Terms before they take effect and let you know how to cancel a subscription if you are not happy with the changes.
Your use of the Platform will be subject to the most recent version of the Terms available on the Platform. We recommend that you read through the Terms available on the Platform regularly so that you can be sure that you are aware of any changes that may apply to you.
Access and use of the Platform
The Platform is currently made available to you for your personal use. You are not permitted to use the Platform for promoting any trade, business or professional activity, unless we have given you specific permission to be featured in our Platform content (Content).
Access to the Platform is permitted at our discretion. We may suspend, withdraw, discontinue or change all or any part of the Platform at any time without notice to you.
Access to and/or subscription to any Group/School/Community specific Content is limited only to users/guardians/carers of children at, or employees of the applicable Group/School/Community. You must not provide or allow any third parties to access such Content and you must not forward that Content to any other third parties.
You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the via a denial-of-service attack or a distributed denial-of service attack. 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 Platform will cease immediately.
You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We do not become a party to any contractual relationships or arrangements between users that arise from or in connection with the use of the Platform. We shall have no responsibility for any disputes between users arising from or in connection with the Platform or any User Content, or any other dealings or business between/among users. Any such dispute shall be settled directly and exclusively between/among the relevant parties.
Content and User Content
If you choose to submit any content to us, including text, images, videos or other content, (User Content) you authorise us to make use of and publish such User Content, including editing or amending any User Content to suit the Platform for use on the Platform and in any related emails to users. We reserve the right not to include any User Content on the Platform or in any emails at our discretion.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them.
You represent and warrant that:
you own or have the necessary rights and permissions to use and authorise us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on the Platform and in emails to users in accordance with these Terms; and
whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, display and broadcast the User Content in connection with the Platform and our business, including without limitation to grant access to the Platform to third parties to view the User Content;
you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.
Nothing on the Platform constitutes, or is intended to constitute, advice of any kind. We do not provide any warranty as to the suitability of the information and material found or offered on the Platform for any particular purpose. Your use of any information or material on the Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any materials, services or information available through the Platform meet your own specific requirements.
You acknowledge that information and material found or offered on the Platform may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Currently, the App is free to download and this will enable a user to access a limited amount of content, including access to the Site and to receive their email newsletters for free. A premium version with additional features and functionality is available for a monthly subscription fee. However, we reserve the right to change the features and functionality of the App and our charging policy in the future. Any such changes will be notified to you through the Platform.
To access the Content made available via the Platform or to submit User Content to the Platform, you will need to register. When you register you are required to provide information which is true, accurate, current and complete about yourself, and maintain and promptly update your personal information contained in your account profile.
The account password you provide should be unique and kept secure. You agree not to share your account password, and to keep your password confidential. You must notify us immediately in the event of any security breach or unauthorised use of your account.
You can unsubscribe from the Platform at any time. Please follow the instructions on the Platform. If you have subscribed for our premium content, please note that we do not give any refunds of the subscription fee in the event that you decide to terminate your subscription.
Where applicable, subscription charges are paid in monthly instalments. For each month that your subscription is active, you agree that we are authorised to charge your credit card. The monthly subscription fees will continue to be billed to you automatically until you cancel them. If you cancel your subscription part-way through a month, your cancellation will take effect from the beginning of the following month.
Pinboard Group Membership
When an applicant submits a request to sign up to your Pinboard Group via the Platform, we will aim to notify the Group Administrator of the request within three Business Days of receipt the request by us. We will provide the Administrator with details of the full name, email address and relationship to your Pinboard Group as provided by the applicant via the Platform.
Adminstrators are solely responsible for conducting any due diligence, identification and verification to ensure that applicants requesting to join your Pinboard Group are eligible to membership of your Pinboard Group. We are not responsible for verifying the eligibility or identity of any membership request, which is at your sole responsibility and risk.
Adminstrators may approve or deny an application to join your Pinboard Group by using the functionality enabled on the Pinboard platform. We will aim to inform the applicant by email and/or via the Pinboard platform within one Business Day of your approval or denial of their request for membership of your Pinboard Group.
All approved members must be over the age of 18. Adminstrators are responsible for ensuring that all approved members are at all times during their access to and use of your Pinboard Group aged 18 or over and are entitled to be part of your Pinboard Group.
We may, in our sole discretion, terminate a member’s access to your Pinboard Group in the event that such member breaches any of these Terms. Should you have grounds to terminate a member of your Group’s access to your Pinboard Group you should notify us in accordance with clause 1.4.
We shall have no responsibility for any disputes between you and applicants and/or approved members arising from or in connection with the approval, denial or termination of access to any Pinboard Group.
By registering a Private Group account, the Private Group and it approved members will be entitled to create, upload, submit and post User Content:
for inclusion in the Private Group’s newsletter emails; and/or
as part of any messaging/chat/forum or other communication functionality on the Pinboard platform.
We shall generate and send Private Group newsletter emails to approved members of your group at a frequency agreed by us with you, based on User Content submitted to us by, or on behalf of, you or your approved members. In the event that we reasonably believe that there is insufficient new User Content submitted between the date of a previous group newsletter email and an upcoming scheduled group newsletter email, we may (in our sole discretion) either:
generate and send the upcoming group newsletter email based on a combination of Pinboard Content and previously submitted User Content that is still up-to-date;
postpone the sending of the group newsletter email for a reasonable period of time until such time that we reasonably believe there is sufficient new User Content to populate such group newsletter email.
Registered Groups grant us the right to refer to the School/Community as a customer of the Platform for the purpose of advertising and promotion of the Platform, unless other otherwise agreed with us.
We allow users to post properties for sale on the Platform. If you wish your property advertisement to be posted on ‘Pinboard World’, you are agreeing to pay to us a commission fee of 1% of the purchase price of the property in the event that the property is purchased by one of our users who responds to your advertisement. You agree to act in good faith and to inform us of any such sale, and to ensure that our commission fee is paid within 30 days of receipt by you of the purchase price.
We reserve our rights to enforce the terms of clause 7.1 in respect of any property sold through the Pinboard World platform, in accordance with the terms of that clause. We also reserve our rights to charge statutory interest on any late payment of sums which may be due to us.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Platform and the Content. You may download extracts of any page(s) from the Platform, provided that:
the material shall not be reproduced or included in any other work or publication in any medium;
the material may not be modified or altered in any way;
you may only use the material for personal, non-commercial purposes;
the material may not be distributed or sold to any third party; and
you do not remove any copyright or other proprietary notices contained in the material.
Data protection and privacy
Complaints or Queries
If you have any queries or complaints about the Platform or the Content, please contact us using the contact information as detailed in Clause 1.4. We will use reasonable efforts to respond to you promptly.
Links to and from the Site
You may link to any page of the Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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, nor establish a link to the Site in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
Where the Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway.
We do not guarantee that the Platform will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Platform will be free from errors or omissions.
We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to operate the Platform due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour, materials or a failure of public or private telecommunications networks.
If an event outside of our reasonable control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control.
Limitation of our liability
You acknowledge that the Platform has not been developed to meet your individual requirements. You agree not to use the Platform for resale purposes.
We make no warranty or guarantee of quality or suitability in relation to any of the Content. Any arrangements which you make with third parties in relation to their Content are at your sole risk and responsibility. You are advised to conduct appropriate checks before meeting with or making financial arrangements with any third party who you may be introduced to through the use of the Platform.
The Platform operates as a noticeboard for Content. Neither we nor your Group/School/Community is liable for any of the Content featuring on the Platform. Please contact us immediately if you are aware of any problems with any of the Content.
We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of the Platform.
If we fail to comply with these Terms, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
Unless prohibited by law, our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £50.00.
You shall indemnify us in the event that we incur any claims, costs, damages, losses, or other liability as result of any your actions or omissions, or through using the Platform in breach of these Terms.
Nothing in these Terms excludes or limits our liability for:
death or personal injury caused by our negligence,
fraud or fraudulent misrepresentation,
breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession);
breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples);
defective products under the Consumer Protection Act 1987; or
any other liability which cannot be excluded or limited by law.
The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and the exclusive jurisdiction of the English Courts.