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Terms of Service for Subscribers (e.g. Parents) including Data Processing Agreement

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Updated

Effective date: 01/09/22.

Parent Hub is a trading name of Nexus Software Platforms Limited, a company registered in England and Wales under registered company number 08692512.

Please read these terms of use (the “Agreement”) carefully before using the Parent Hub services or software (the “Services”) offered by Nexus Software Platforms Limited (“Parent Hub”, “We”, “Us” or “Our”). This is a binding agreement between you and us. By accessing or using the Services in any manner, you agree that you have read and agree to be bound by the terms and conditions of this agreement to the exclusion of all other terms. If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of the agreement, you may not use the Services.

Parent Hub may disable or terminate your account if you breach any part of this Agreement. We reserve the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

This Agreement includes the terms in this document, as well as any policies that are mentioned, including our Privacy Policy and Sub-Processor Policy.

This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

 

CONTENTS

 

WHAT IS PARENT HUB?

Parent Hub is a communications and payments platform that helps educators send messages to and collect payments from parents, guardians and other school stakeholders.

You, as a user of Parent Hub, are classified into one or both of two broad categories:

  • Users of our Services who can send messages to and collect payments from others are known for the purpose of this Agreement as “Publishers”. Typically, Publishers are educators or administrators of a school, nursery, club, group or team with a requirement to communicate with or collect payments from a set of stakeholders.
  • Users of our Services who receive correspondence or payment requests from a Publisher are known for the purpose of this Agreement as “Subscribers”. Typically, Subscribers are parents, guardians or other stakeholders with whom a Publisher requires to communicate or collect payments from.

This Agreement applies to all persons who use our Services as a Subscriber. The Agreement for Publishers can be found HERE.

 

CHANGES TO THIS AGREEMENT

We constantly try to improve our Services, adding new features and updating existing ones, and so we may update this Agreement as we offer these new and improved Services. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services or notifying you by email or by some other means. If you don’t agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services.

Your use of the Services in any way following notification by Parent Hub constitutes your acceptance of the terms and conditions as modified.

We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We’ll provide you notice when we make a material change to the Services that would adversely affect you.

 

PRIVACY AND DATA PROTECTION

We take the privacy of our users very seriously. Please read our Privacy Policy, which outlines what personal information Parent Hub collects from you and how we use that information to provide our service.

 

Any terms in this section that are not defined have the definition given to them in the ‘Data Protection Legislation’ (any law to which Parent Hub or you are subject to that relates to privacy or the processing of data about individuals).

Under the Data Protection Legislation, we are a Data Processor on behalf of the users of our Services known as Publishers. The Publishers are the Data Controllers and we are the Processors of Personal Data Processed under this Agreement or the Publishers’ Agreement as part of providing the Parent Hub Services.

 

We will store and use Personal Data on the Publisher’s behalf only so far as is necessary in order to provide the Services. The Personal Data will consist of names, contact details, data created by your use of Parent Hub, and any data added by you or on your behalf.

 

When Processing Personal Data on the Publisher’s behalf, we will:

  • Ensure we have in place appropriate protective measures to protect against a Personal Data loss or Personal Data Breach, which take into account the nature of the data, harm that might result from a Data loss, available technology, and the cost of implementing any measures;
  • Ensure the reliability and integrity of any employees or Suppliers who have access to the Personal Data;
  • Not transfer Personal Data outside of the United Kingdom unless lawful and appropriate safeguards are in place;
  • Cease Processing and delete Personal Data (and any copies of it) at the end of the Service provision as laid out in our Data Retention Policy, unless required by Law to retain the Personal Data.

 

FEES AND PAYMENTS

Access to and use of Parent Hub itself is free for Subscribers, although Publishers may use the Services to request payment from you for various products and services that they offer (“Payment Requests”).

Please note that, by using the Services, data (including the messages, images and attachments that you receive) will be downloaded on your mobile device, which may cause you to incur charges, fees or costs from your telecoms network provider, in accordance with your data service plan. You may also incur charges, fees or costs in accordance with your data service plan as a result of receiving push notifications, e-mail or SMS messages on your phone or mobile device.

Any and all such charges, fees, or costs are your sole responsibility. You should consult with your telecoms network provider to determine what rates, charges, fees, or costs may apply to your use of the Services.

 

USING PARENT HUB

You can use the Services as a Subscriber to join messaging groups (“Channels”) and/or schools, nurseries, clubs or teams (“Organisations”). After joining one or more Channels or Organisations you may then receive messages or payment requests from any Publishers associated with those Channels or Organisations. The Services may also provide additional features and, as stated earlier in these terms, features of the Services are subject to change.

You may only use the Services for your own personal, non-commercial (meaning, you may not attempt to derive any source of income from your use of the Services) use and only in accordance with the terms of this Agreement and all laws that apply to you. Parent Hub is not responsible for your use of the Services in any way that breaks the law.

You warrant, represent and agree that you will not use (or encourage anyone else to use) the Services in a manner that:

  • Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party;
  • Violates any law, statute, ordinance or regulation;
  • Is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable as reasonably determined by Parent Hub;
  • Jeopardises the security of your account in any way, such as allowing someone else access to your account or password;
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “Scrapes,” or “Spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of Parent Hub’s third-party service providers).

 

Registering for Parent Hub

As a condition to using the Services, you will be required to register with Parent Hub by providing your name, a valid email address and by selecting a password. You will provide us with accurate, complete, and updated registration information. You may not:

  • Select or use the name or email of another person with the intent to impersonate that person; or
  • Provide a false name; or
  • Use a name subject to any rights of any person other than you without appropriate authorisation.

By registering for Parent Hub, you represent and warrant to us that:

  • You are at least 18 years old;
  • All registration information you submit is accurate and truthful;
  • You will maintain the accuracy of such information.

 

We reserve the right to refuse your registration for Parent Hub or to suspend or terminate your Parent Hub account in our sole discretion.

 

Account Security

You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of Parent Hub.

 

Joining a Channel

You may be able to join a Channel by entering a “Channel Code”. If you join a Channel, then you understand that any Publisher affiliated with that Channel may be able to:

  • View your Parent Hub account profile (including your name and the email address you used when registering);
  • Access read receipt information for any messages that you view;
  • View the date and time you last accessed the Services;
  • Remove you from the Channel; and/or
  • Take other actions relating to your access to the Channel.

You may not:

  • Join a Channel that is not related to you or your children; or
  • Share a Channel Code with any other person, except for those who have a legitimate reason for joining that same Channel (for example, if you receive a Channel Code for your child’s school class or year group, you may share this with the parents or guardians of the students in that group. You must not share it with any person who does not have a relationship with the students in that group).

 

Parent Hub, or the Publishers of any Channel retain the right to refuse your access to that Channel or remove your subscription to a Channel at any time and without warning.

 

Joining an Organisation

You may be able to join an Organisation by entering a “School Handle”. If you join an Organisation, then you understand that any Publisher affiliated with that Organisation may be able to:

  • View your Parent Hub account profile (including your name and the email address you used when registering);
  • Access read receipt information for any messages that you view;
  • View the date and time you last accessed the Services;
  • Add, amend or remove your membership of any Channels affiliated with the Organisation;
  • Remove you from the Organisation; and/or
  • Take other actions relating to your access and use of the Services through the Organisation.

You may not:

  • Join an Organisation that is not related to you or your children; or
  • Share a School Handle with any other person, except for those who have a legitimate reason for joining that same Organisation (for example, if you receive a School Handle for your child’s school, you may share this with the parents or guardians of the students of that school. You must not share it with any person who does not have a relationship with any student on roll at that school).

 

Parent Hub, or the Publishers of any Organisation retain the right to refuse your access to that Organisation or remove your subscription to the Organisation and any of its Channels at any time and without warning.

 

Accessing Content in Parent Hub

All material available on the Services including but not limited to text, graphics, data, articles, photographs, images, illustrations, web links and so forth is collectively known as the “Content”. Copyright and other intellectual property laws may protect all Content.

All Content that may be received by you through the Services is the sole responsibility of the Publisher from which such Content originated. Parent Hub will not be responsible for any Content posted by any Publisher and will not be liable for any errors or omissions in any Content.

You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you:

  • Without the express prior written consent of the respective owners; and
  • In any way that violates anyone else’s (including Parent Hub’s) rights.

 

Parent Hub reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies or authorities relating to that Content or if Parent Hub is concerned that you may have breached the foregoing restrictions), or for no reason at all.

 

Making payments via Parent Hub

Parent Hub offers Publishers the ability to collect and manage payments and refunds from Subscribers via the Services (“Payment Service”). Subscribers may use a credit or debit card, or a service such as Apple Pay or Google Pay, to make payments via the Parent Hub app (“Online Payments”).

Parent Hub’s role

Parent Hub provides the Payment Service in the capacity of a payment platform, facilitating payments between Publishers and Subscribers. As such, Parent Hub carries no responsibility or liability for the Payment Requests made by any Publisher or Organisation. In using our Payment Service, you acknowledge and accept that any contract of sale is made solely between you and the Publisher or Organisation that sent you the Payment Request.

How to pay

In order to make a payment via credit or debit card, you first need to add the payment card to your account. This involves adding details of the payment card and any required corresponding verification, such as your billing address. You can add, manage and remove payment cards from your account at any time using the Parent Hub app. To pay by Apple Pay or Google Pay, you first need to have configured your device appropriately and attached a support payment card.

Each time you receive a Payment Request from a Publisher, you can choose the appropriate payment method and confirm payment. You will receive both in-app confirmation of a successful payment an email receipt shortly afterwards to the email address linked to your Parent Hub account. You can view a history of fully-paid Payment Requests in the Parent Hub app. Should payment fail for any reason, you will be notified in the app and can try again, or choose an alternative payment method, as appropriate.

Your data

We have nominated Stripe to act as our payment processor (please see our Sub-Processor Policy for more details). In order for Stripe to process your payments and/or refunds, to protect against fraud and verify your identity, they may need to collect, store and process certain information from you, including but not limited to:

  • Your payment card details
  • Part of all of your billing address
  • The IP address of the device from which you are making the payment

This data is held by Stripe and not by Parent Hub. In order to offer and continuously improve the Payment Service, and to provide the necessary technical support to deliver this offering, we collect and have access to certain data pertaining both to your use of the Payment Service and that of the Publisher or Organisation that made the Payment Request. Access to such data is strictly controlled and limited to authorised Parent Hub employees and includes, but is not limited to:

  • information about the date, time, amount & status of each transaction
  • information about the Payment Request associated with the transaction
  • PCI-compliant information about the payment method associated with the transaction

Your responsibility

You are solely responsible for the accuracy of information provided to Stripe, and for any and all payment-related activity on your Parent Hub account. We will treat as genuine any payment that is made from a verified Parent Hub account registered to you. It is therefore important that you protect access to any device(s) logged in to your verified Parent Hub account and guard against any unauthorised access.

Refunds

Parent Hub does not process refunds. If you wish to request a refund for any payment made via the Payment Service, you should contact the Publisher or Organisation that made the Payment Request. 

 

CONSENT TO RECEIVE MESSAGES FROM PARENT HUB

As part of the Services, you may receive communications (such as service alerts and reminders) from Parent Hub through the Services, via email or SMS.

By signing up for the Services, you agree to receive communications from Parent Hub as well as from any Publishers of the Channel(s) and/or Organisation(s) you join or are added to.

 

SUB-PROCESSORS

Parent Hub uses certain subcontractors, third-parties or content delivery networks (together, the “Sub-Processors”) to assist it in providing the Services as described in this Agreement. In some instances, it is necessary for us to share data with those Sub-Processors. A full list of our Sub-Processors, their function with relation to Parent Hub and an explanation of the data we share can be found in our Sub-Processor Policy.

Your acceptance of this Agreement constitutes your acceptance of our sharing of data with these Sub-Processors for the reasons explained in our Sub-Processor Policy. If you do not agree to the sharing of data with any of the Sub-Processors mentioned in our Sub-Processor Policy, you may reject this Agreement but unfortunately you will not be able to use the Services.

 

THIRD PARTY SERVICE PROVIDERS

The Services may contain links to third party websites, products or services (such as YouTube, Twitter etc.) that are not owned or controlled by Parent Hub, including any Sub-Processors (together the “Third-Party Services”). When you access Third-Party Services, you do so at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third-Party Service that you visit or use.

Parent Hub has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third-Party Services. By using the Services, you expressly relieve and hold harmless Parent Hub from any and all liability arising from your use of any Third-Party Services.

 

DISPUTES

If there is a dispute between Parent Hub users (including you), or between Parent Hub users and any third party, you understand and agree that Parent Hub is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Parent Hub, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.

 

WARRANTY AND DISCLAIMER

Parent Hub has no special relationship with or fiduciary duty to you. You acknowledge that Parent Hub has no control over, and no duty to take any action regarding:

  • Which users gain access to the Services;
  • What Content you access via the Services;
  • What effects the Content may have on you;
  • How you may interpret or use the Content; or
  • What actions you may take as a result of having been exposed to the Content.

You release Parent Hub from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites or Third-Party Services containing information that some people may find offensive or inappropriate. Parent Hub makes no representations concerning any Content contained in or accessed through the Services, and Parent Hub will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

Parent Hub makes no representations or warranties regarding suggestions or recommendations of Services or products (including Content provided by users) offered or purchased through the Services.

The Services, Content, and any additional software are provided on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free.

 

INDEMNITY

To the fullest extent allowed by applicable law, you will indemnify and hold Parent Hub, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

 

LIMITATION OF LIABILITY

To the fullest extent allowed by applicable law, in no event will Parent Hub or its Sub-Processors or suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Services or this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory:

  • For any indirect, incidental, punitive, or consequential damages of any kind whatsoever;
  • For data loss
  • For any loss, damage or injury – whether direct or indirect – attributable to your use of our Payment Service, including but not limited to:
    • failure to process a payment because of a technical or system failure or outage;
    • goods or services purchased by you and paid for via the Payment Service;
    • refunds made in error or to incorrect recipients;
  • For any matter beyond Parent Hub’s reasonable control.

 

TERMINATION

This Agreement will remain in full force and effect while you use the Services.

You may terminate your use of the Services or your account at any time by contacting us at support@parenthub.co.uk, as described in our Privacy Policy.

Note, if you request that we terminate your account we may notify of your termination request the Publishers of any Channels or Organisations that you are or have been subscribed to.

Parent Hub may disable or terminate your access to the Services or your account at any time, for any reason and without warning or notice, which may result in the removal of all information associated with your account.

Upon termination of your account, your right to use the Services will immediately cease; however, Parent Hub may retain read receipt data and/or other data and information pursuant to this Agreement, as necessary for the continued operation of the Services (for example, to show a Publisher that you have seen the Content they posted), for auditing purposes, and as required by law.

Digital deletion is not an instantaneous process. If you choose to terminate your account, all data will be rendered unavailable to you immediately and your data will be deleted (for example from back-ups) over time as is true of all digital deletion everywhere.

All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

OTHER TERMS

The failure of either party (you or us) to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder.

Parent Hub will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Parent Hub’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, or the failure or degradation of any Sub-Processor or Third-Party Service.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

This Agreement is not assignable, transferable or sublicensable by you except with Parent Hub’s prior written consent. Parent Hub may transfer, assign or delegate this Agreement and its rights and obligations without consent.

Both parties (you and us) agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Parent Hub in any way whatsoever.

 

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