This Agreement is between 123Comms Limited of Litton House, Saville Road, Peterborough, PE3 7PR registered in England under company registration number 4336436 (hereinafter “123Comms”) and “You” meaning you, the user of the 123Comms website and the 123Comms payment services (“ParentMail)”) as more specifically described below.
These Terms and Conditions are applicable every time you access our website and/or make payments to School/Club from our website. By using the website you agree to be bound by the terms of this Agreement.
123Comms trades as ParentMail and facilitates the delivery of newsletters, emails and texts from your child’s School/Club as well as facilitating payment for School/Club events, dinner money and such other items the School/Club may make available from time to time at their discretion.
“ParentMail” means the payment service provided by 123Comms to you and relevant School/Club to enable you to purchase of Product(s) via the website;
“ParentText” means the opt in service that enables parents to receive additional notification of emails via SMS text messages;
“Products” means the products, services, facilities, items or events bought or paid for from the School/Club via the 123Comms website using the ParentMail Service;
“School/club” means your son(s) and/or daughter(s) School/Club or groups that subscribe to the ParentMail Service.
1. Ownership of Website
- This site is owned and operated by 123Comms.
- All rights in this website are owned by us. Any unauthorised use, copying or modification is prohibited.
- Your use of the website is strictly subject to the terms and conditions of this Agreement
2. Your responsibilities
- In order to use the ParentMail Service to purchase Products you will be required to provide certain personal and financial data. You hereby agree:
1. To accept full responsibility for the provision and accuracy all information provided by you or under your account/password;
2. To maintain the confidentiality of your password and login identity;
3. NOT to allow your password to be used by any third party for the purposes of accessing and copying the ParentMail website or functionality, or for using it for the development of a competitive product. (See our rights below)
4. To use the service strictly in accordance with this Agreement;
5. Not to use false or alias names when registering on the website;
6. Not to use the ParentMail Service for any business or commercial purposes; and
7. Not to publish any information found on this website without the written permission of 123Comms.
8. Any unauthorised use of material on this site is strictly prohibited.
9. 123Comms reserve the right to suspend and/or terminate your membership of and access to the website for any breach of these terms and conditions at our sole discretion without liability or notice to you.
3. Payments using ParentMail
- ParentMail payments are made by you directly to the School/Club using the 123Comms facility. 123Comms do not pass on or hold the payments.
- All payments placed through the 123Comms Service via the website will be subject to acceptance of your card/PayPal account details and to authorisation by the card/account provider.
- When you submit a payment via the 123Comms Service and website you will receive an email receipt confirming that the payment has been accepted and that the School/club has been credited with the funds. This email does not constitute acceptance of the order by 123Comms or the School/club. Confirmation that the Product will be delivered rests with your School/club and not 123Comms.
- Should you wish to cancel your order or request a refund this can only be completed by contacting your School/club directly.
4. Processing your payment via ParentMail
- Whilst it is our intention to keep our website up to date and error free, we rely on school/club to create details of Product for you to purchase and we cannot be held responsible for errors, misrepresentations, opinions or suitability/fitness for purpose. If you discover an error after you have submitted a payment you should contact the School/club directly to correct the payment. If the School/club is unable to correct the error we will liaise with the School/club directly to resolve.
- We do NOT record or hold any of your card details at any point instead using a bank authorised, PCI audited, payment processor to process your card details.
- All items for payment shown are inclusive of VAT whenever applicable.
- 123Comms reserves the right to withdraw or modify any and all elements of the ParentMail Service where there are legal or technical reasons so to do.
- 123Comms reserves the right to require you to change your password or other information facilitating access to the websites whether for security or any other reasons.
5. Delivery (ParentMail)
- Stock management of Product is the responsibility of the School/club. All Products are subject to School/club stock availability.
- When your Product is collected or passed to your child to bring home or directly handed to you they will be deemed as having been delivered and your order fulfilled. This will be noted on the ParentMail Service by the School/club and visible in your account payment history.
- Please note that should you wish to return Product this should be discussed and agreed with the School/club directly.
- If a Product is faulty please contact your School/club who will arrange an appropriate remedy.
6. Data Protection
- 123Comms adheres strictly to the legal requirements of the Data Protection Act 1998 (“Act”). We do not to sell or rent any Personal Data as defined under the Act to any third party for any reason, outside of the use of this website.
- 123Comms may use your data to communicate to you by email or SMS to notify you of additions and changes to the services available via the 123Comms Service or website either on behalf of itself or the School/club.
- You may opt-out of receiving additional communications by checking the ‘Newsletter opt out’ option in your ParentMail user account.
- 123Comms reserve the right to disclose your personal details to relevant UK regulators or relevant regulatory authorities where required to do so.
- All calls made to and from 123Comms Limited are recorded for training and monitoring purposes.
7. Warranties and Liability
- 123Comms is not responsible for any content delivered or the Products made available to purchase via the ParentMail Service. All content is created by the school/club using our services and Products are the responsibility of the school/club, relevant vendor or manufacturer as appropriate.
- 123Comms does not make any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, Products or services found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- 123Comms shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), third party claims, pure economic loss arising out of or in connection of the performance or non-performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the Product.
- Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury caused by our negligence.
- Our liability for any claim for loss or damage shall be limited to the sum paid by you for the Product.
- 123Comms will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
8. Additional Services
- 123Comms may from time to time add to the services offered pursuant to these terms and conditions via the website.
- 123Comms reserves the right to discontinue, delete and change the content or purposes of the website from time to time.
- We may also from time to time offer new and separate services via the website. Use of such additional services will be subject to separate service descriptions and terms.
- The ParentMail Service is provided free of charge to parents with the exception of ParentText. Due to the very small values involved with text messages, refunds cannot be provided with regards ParentText under any circumstances.
- Details of ParentText charges can be found on the appropriate parts of the website.
- We reserve the right to revise or introduce charges for any service provided at our discretion, but any intent to charge will be proceeded by formal notification at least 60 days prior to any introduction.
9. Intellectual Property
- All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us or our licensors.
- 123Comms are the operators of this website, and the contents of it are either our property (or that of our School/Club customers). We are the owners of the compilation of information in this website.
- 123Comms’s rights are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions.
- 123Comms grant you a limited, non-exclusive and revocable licence to access our website for the purposes of making payments for goods or services from School/Club or obtaining School/Club derived messages and alerts or contact information for us.
- Your licence to access our website does not extend to any commercial use of our website, or to any use of our website whatsoever which is for the benefit of any commercial entity other than us.
- You are expressly not permitted to download any part of our site (other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage.
- A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
- If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
- 123Comms may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.
- You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing
- 123Comms reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.
- These terms and conditions govern the entire relationship between you and 123Comms and will remain in force for the duration of our relationship.
- These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements.
- These terms and conditions are governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English Courts.V 3.3 September 2014