Terms & Conditions

  1. Introduction
    1. You are an authorised representative of a member of The Publishers Association (the “Relevant Member”). By using the Publishers Association Sustainability Tools (the “Tools”), you confirm that you are authorised to enter into these terms and conditions (the “Terms”) on behalf of the Relevant Member.
    2. In the remainder of these Terms, “you” and “your” refer to the Relevant Member.
  2. Terms and conditions
    1. These Terms are a legal agreement between you and The Publishers Association Ltd (“we”, “us”, “our”) in relation to your use of the Tools.
    2. We are a company registered in England under company number 3282879, with our registered address at First Floor, 50 Southwark Street, London SE1 1UN.
    3. By signing up for an account or using the Tools, you agree to these Terms. If you do not agree to the Terms, you must stop using the Tools and must delete any information you have generated or obtained using them (“Generated Data”).
    4. We may change these Terms at any time (and will notify you of any material changes), in which case your continued use of the Tools will signify your acceptance of the updated Terms.
  3. Permitted use and restrictions
    1. The Tools are made available to you as part of your Publishers Association membership. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to use the Tools and Generated Data subject to these Terms.
    2. You may only use the Tools and Generated Data for the purposes of sustainability research, monitoring and reporting in relation to your business.
    3. You agree to keep your user account details secure and not to share them with anyone.
    4. Except as permitted by these Terms or by any local law, you agree: (i) not to copy the Tools or any part of them except where such copying is incidental to normal use; (ii) not to rent, lease, sub-license, loan, translate, merge, vary or modify the Tools (or any part of them); (iii) not to disassemble, decompile, reverse-engineer or create derivative works based on the Tools; (iv) not to make the Tools available to any third party without our prior written consent; and (v) not to use the Tools in any unlawful manner or for any unlawful purpose.
  4. Project Data
    1. The Tools will allow you to upload data on your business activities (“Project Data”).
    2. Subject to section 5 (Submitted Data), we will only use Project Data for the purpose of providing the Tools or making improvements to them and in accordance with these Terms. You grant us a worldwide, royalty-free, transferable, non-exclusive licence to use Project Data in accordance with these Terms and the Privacy Policy.
    3. You promise that any Project Data you upload will not: (i) infringe the intellectual property rights or breach the confidentiality of any third party; (ii) be defamatory, offensive, abusive or otherwise objectionable; (iii) breach any applicable law; or (iv) misrepresent your identity or affiliation with any entity.
    4. If you upload any Project Data which breaches these Terms, you agree to compensate us for any loss we suffer if anyone makes a claim against us due to any of your Project Data or your use of the Tools. We have the right to remove any Project Data for any reason.
  5. Submitted Data
    1. The Tools will allow you to submit certain Project Data to us (“Submitted Data”).
    2. Submitted Data may be used by us for the purposes of industry-wide sustainability reporting and any other purposes but only in circumstances where it has been appropriately anonymised and aggregated. You grant us a worldwide, royalty-free, transferable, non-exclusive licence to use Submitted Data in accordance with these Terms and the Privacy Policy.
    3. You promise that you will not submit any Project Data to us as Submitted Data unless it relates to a real world project (i.e. is not test data).
  6. Intellectual property
    1. You acknowledge that: (i) all intellectual property rights in the Tools and Generated Data belong to us or our licensors; (ii) that rights in the Tools and Generated Data are licensed (not transferred or sold) to you; and (iii) that you have no rights in relation to the Tools or Generated Data other than the right to use them in accordance with these Terms.
  7. Privacy
    1. These Terms also incorporate our privacy policy (as updated from time to time) which is available at https://www.publishers.org.uk/terms-and-conditions/privacy-policy/ (the “Privacy Policy”).
    2. By agreeing to these Terms, you also agree to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy; and (ii) the collection of information from your devices or computers as explained in the Privacy Policy.
  8. Limitation of liability
    1. The Tools and Generated Data are provided on an “as-is” and “as-available” basis. We do not guarantee that the Tools or any Generated Data will be accurate, free from errors or omissions, free from viruses or other harmful components, or will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Tools without notice and we will not be liable to you if for any reason the Tools, Project Data or Generated Data become unavailable.
    2. To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms which may apply to the Tools or any Generated Data.
    3. We are not liable for any losses resulting from your use of or reliance on the Tools or any Generated Data. We recommend that you obtain specialist advice before taking, or refraining from, any action on the basis of the Tools or any Generated Data.
    4. We have no liability to you for any loss of profit, loss of business, business interruption, or any indirect or consequential loss or damage.
    5. Nothing in these Terms will limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited by English law. In relation to all other liabilities, our maximum total liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, will be limited to £100.
  9. General
    1. These Terms and any dispute arising out of or in connection with them are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.
    2. These Terms constitute the whole agreement between you and us, and take precedence over any previous understanding or agreement between us relating to the Tools or Generated Data.
    3. No one other than you and us is intended to have any right to enforce any provision of these Terms.