Terms

Who are we?

School Heroes is owned and operated by MarvellousMe Ltd, a company registered in England under number 08782237, and our registered address is Mousetows, Mouse Lane, Steyning, West Sussex BN44 3LP, UK (we, us, our).

Introduction

These terms of use (Terms) apply to the use of our website www.schoolheroes.com and any related application for use on mobile phones, tablets and other devices (our Sites) that we make available for download or access, either from our website or from any third party application store.

This agreement also applies to any services accessible through our Sites, unless separate or additional terms apply, in which case these will be displayed on-screen or made accessible via a link.

By downloading, or registering to use, or by using, our Sites you confirm that you accept and agree to be bound by these Terms and acknowledge that they constitute a legally binding contract between you and us, and the School (as defined below) or commercial entity (Organisation) on whose behalf you are acting. If you are acting on behalf of a School or an Organisation, you confirm that you have the necessary authority to bind that School or Organisation.

In this agreement, references to you (and your, etc) means both you as an individual user and also the School or Organisation on whose behalf you are acting (if any).

If you do not agree to these Terms in their entirety (or if you do not have the authority to bind your School or Organisation), you are not permitted to access or use our Sites. Our Sites are not intended to be used by individual consumers.

These Terms also apply to any downloads or purchases made using our Sites, as well as your use of any School Hero Resources that may be made available to you depending on your status with us.

We may change these Terms from time to time by changing them on the website or by notifying you the next time you log into our Sites (with the updated terms being displayed on-screen).

These terms were last updated in January 2020.

What our Sites do

The purpose of our Sites is to bring schools and other educational institutions (Schools) and Organisations together, to provide extra funding and resources to Schools, whilst showcasing the goodwill of the supporting Organisations to Schools’ parents and followers (typically visitors and users of Schools’ websites and mobile apps, and recipients of School communications.)

School Heroes (or ‘Hero’ or ‘Heroes’) are those Organisations who wish to support Schools with whom they have a connection and who wish to promote such support through the use of our Sites and School Hero Resources (as defined below). Organisations can express their support for a School by registering their interest via our Sites and if the School accepts this support then the Organisation becomes a School Hero.

A reference to a School Hero means an Organisation whose support has been accepted by a School in accordance with these Terms.

Where permitted, the uploading or sharing by you of any information via our Sites is subject to these Terms and particularly the Acceptable Use Policy below. The processing of personal data uploaded to or shared via our Sites is subject to our Privacy Policy.

You may provide feedback and ideas in relation to the use of our Sites via the facilities provided to you for this purpose.

Registration and use by Schools

If you are a teacher, head teacher, school business manager, administrator or other affiliated person registering to use, or using, our Sites:

It is your responsibility to make sure that you have the appropriate authority from your School to use our Sites, to provide the information requested by us and to accept and reject requests by Organisations to be a School Hero. You warrant to us that by registering to use or using our Sites you have the necessary authority to bind your School via these Terms.

Once a School has applied to register to use our Sites we will confirm acceptance of this application and use reasonable efforts to verify this application.

If an application is accepted by us we will activate your account (School Account) and send confirmation to the email address registered with us. We shall use reasonable commercial endeavours to confirm the legitimacy of any registration details, including the bank account registered, which may include verifying your School’s details against publicly available sources.

Once you have confirmation from us of the activation of a School Account it is your responsibility to complete any further registration details required, and to monitor and update your School Account, including the bank account into which your School Hero Fees shall be paid and administrator details. You must keep any log-in details provided or password used to access your School Account confidential. We take no responsibility for access to or use of a School Account by a third party as a result of lost, misplaced or shared log-in details or passwords (see Use of our Sites below).

Once an Organisation applies to support your School and to become a School Hero you will receive a notification via your School Account and to your registered email. YOU HAVE SOLE DISCRETION WHETHER OR NOT TO ACCEPT AN ORGANISATION’S SUPPORT. If you choose to accept an Organisation’s support then that Organisation will be notified via our Sites and its contact email that it has been accepted by your School as a School Hero. If you choose not to accept an Organisation’s support then this rejection and any explanation you choose to give will be communicated to the Organisation via our Sites. The Organisation may contact you directly to discuss this.

Once you have accepted a School Hero you will receive the School Hero Fees payable by the Organisation minus the relevant Administration Fee. The balance will be transferred by us to you using the account details made known to us via your School Account.

On the anniversary of your acceptance of an Organisation as a School Hero the School Hero Fee status will be automatically renewed and the School Hero Fee paid again to you and the Administration Fee taken again by us, unless you or the Organisation choose not to renew – however we anticipate that those Schools with the most renewals will be those that most regularly promote their School Heroes.

A School has sole discretion to reject the support of a School Hero at any time for any reason, including as a result of a breach of our Acceptable use Policy, although you are encouraged to explain such rejection via the communication methods available via your School Account.

To promote their School Heroes, we provide schools with a unique URL that they ‘should’ add to their website and any mobile app. This would typically be in the Parent section of the website. This unique URL is specific to the School and links direct to our own portal where the School’s own School Heroes are displayed as a directory – ordered by the status of the Hero (Platinum, Gold, Silver, Bronze) (School Hero Directory). When a School accepts an Organisation’s application, the School Hero Fee is paid and the Hero is automatically added to the School Hero Directory.

If your School registers with us and accepts the support of School Heroes you agree that it shall use its best endeavours to publicise its involvement and acceptance of any School Heroes via its website, social media (i.e. Facebook or Twitter), newsletters or other communication channels, including through the activation and promotion of any links made available to you to your School Directory and shall be able to generate reports on the number and status of its School Heroes and any School Hero Fees paid or due to be paid to it via its School Account.

We also encourage you to use the social media links and icons (School Hero Resources) made available to you via your School Account, School Directory and our Sites to make your community aware of School Heroes and to promote the support of your own School Heroes.

You may provide confidential feedback and ideas in relation to our Sites and any School Heroes via the facility provided in your School Account, but your School is in no way obliged to use any of the services of any of its School Heroes.

Registration and use by Organisations

If you are a registering to use, or using, our Sites on behalf of an Organisation:

It is your responsibility to make sure that you have the appropriate authority from your Organisation to use our Sites, to provide the information requested by us to open an account and to make and manage requests to be a School Hero. You warrant to us that by registering to use or using our Sites you have the necessary authority to bind your Organisation, including in relation to any payments due to be made, via these Terms.

Once you or your Organisation has applied to register to use our Sites we will create an account in your name (Organisation Account), and may use any Companies House, HMRC or other public information to verify your Organisation’s registered details.

Once you have registered, and you have received confirmation of your Organisation Account it is your responsibility to provide any further registration details required, including any payment details, and to monitor and update your Organisation Account. You must keep any log-in details provided or password used to access your Organisation Account confidential. We take no responsibility for access to or use of an Organisation Account by a third party as a result of lost, misplaced or shared log-in details or passwords (see Use of our Sites below).

IN ORDER FOR YOU TO BE A SCHOOL HERO YOU MUST PAY THE SCHOOL HERO FEES AS MADE KNOWN TO YOU FOR EACH SCHOOL AND LOCAL HERO STATUS. SCHOOL HERO FEES ARE BE PAYABLE IN ADVANCE WHEN YOU REGISTER TO SUPPORT A SCHOOL WITH THE INTENTION OF BECOMING A SCHOOL HERO. PAYMENT AUTHORISATION SHALL BE TAKEN FROM THE CREDIT OR DEBIT CARD REGISTERED TO YOUR ORGANISATION ACCOUNT BUT ONLY ONCE A SCHOOL ACCEPTS YOUR REQUEST TO BE A SCHOOL HERO WILL THE PAYMENT BE PROCESSED. ONCE PAYMENT IS TAKEN IT CANNOT BE REFUNDED FOR ANY REASON.

IT IS IMPORTANT TO NOTE THAT YOUR SCHOOL HERO STATUS LASTS FOR 12 MONTHS FROM THE DATE A SCHOOL ACCEPTS YOUR REQUEST. AT THE END OF THIS PERIOD AND ON THE ANNIVERSARY OF THIS ACCEPTANCE YOUR STATUS WILL AUTOMATICALLY RENEW (AND MAY CONTINUE TO DO SO IN SUBSEQUENT YEARS) FOR EACH SCHOOL YOU REGISTER WITH. PAYMENT SHALL BE AUTOMTICALLY TAKEN FOR EACH RENEWAL USING THE CREDIT OR DEBIT CARD REGISTERED TO YOUR ORGANISATION ACCOUNT. IF PAYMENT CANNOT BE TAKEN OR IS REJECTED BY YOUR PAYMENT PROVIDER YOU WILL BE NOTIFIED AND YOU WILL LOSE YOUR STATUS AS A SCHOOL HERO UNTIL A NEW PAYMENT IS RECEIVED. YOU CAN HOWEVER SWITCH OF THE RENEWAL OPTION AT ANY TIME BUT IF YOU DO SO YOUR SCHOOL HERO STATUS WILL EXPIRE AT THE END OF EACH RELEVANT PERIOD. YOU ACKNOWLEDGE AND ACCEPT THAT WE WILL DEDUCT AN ADMINISTRATIVE FEE FROM ALL SCHOOL HERO FEE PAYMENTS MADE.

Upon registering to be a School Hero but prior to paying any School Hero Fees, you will be notified in advance of:
- the School Hero status you are subscribing for and the School(s) you have chosen to support
- the total fees to be paid including any additional charges (inclusive of any VAT or other taxes), and
- the period in which you will have School Hero status.

THE ACCEPTANCE OF THE SUPPORT BY A SCHOOL OF YOUR ORGANISATION AS A SCHOOL HERO IS IN NO WAY AN ENDORSEMENT BY THAT SCHOOL OF THE PRODUCTS OR SERVICES OFFERED BY YOU OR YOUR ORGANISATION AND YOU MAY NOT COMMUNICATE SUCH ACCEPTANCE AS AN ENDORSEMENT.

A School is not obliged to accept your request to be a School Hero. Further, if after having accepted your support and awarding you School Hero status if a School deems, at its sole discretion, that this status conflicts with our Acceptable Use Policy or any relevant School policies it may cancel your School Hero status at any time. If your School Hero status is cancelled by a School or by us for a breach of these Terms, you will not be entitled to a refund of any School Hero Fees paid including any Administration Fees.

For so long as your Organisation retains the status of a School Hero you will however be entitled to communicate and publicise your status via your website, social media or other communication channels and to download and to use School Hero Resources made available to you via your Organisation Account.

School Hero Resources must only be used by your Organisation and no other person or entity and only for so long as you retain School Hero status. You are responsible for ensuring that any communications by you in relation to your status as a School Hero and your use of any School Hero Resources is appropriate, does not conflict with these Terms, and that you have the authority to make any such communications. You must not however continue to use or display any School Hero Resources if you do not have School Hero status including if your subscription has come to an end for whatever reason.

Schools are encouraged by us to publicise its School Heroes via their own websites, social media, newsletter or other communication channels, including via its School Hero Directory, but please understand that we have no power or authority to compel a School to do so.

Use of our Sites

We do not allow children or those under 18 to use our Sites.

Our Sites (including any app versions) may only be downloaded, accessed and used on a device owned or controlled by you or which you are authorised to use by your School or Organisation. It is your responsibility to ensure you have a compatible device which meets all the necessary technical specifications to enable you to use our Sites and that you upgrade to any new versions released by us.

If you register for a School Account or Organisation Account with us, you must ensure that any registration details you provide are true and accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using our Sites, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this agreement or if any details you provide for the purposes of registering as a user are, or appear to be, false, or through apparent lack of use.

We warrant that our Sites will function in all material respects with these Terms and that any services we provide will be provided with reasonable care and skill. We cannot and do not however guarantee the continuous, uninterrupted or error-free operability of our Sites (since this depends on a number of factors outside our control).

What you are allowed to do

You may only use our Sites for personal use on behalf of your School or Organisation and in accordance with these Terms (and in accordance with the applicable terms of any relevant third party service provider) and only for lawful purposes, and in accordance with our Acceptable use Policy. You cannot transfer any rights granted to you under these Terms to any other person or entity.

Additional terms may also apply to certain features, parts or content of our Sites, including those provided or supported by a third party, and where they apply will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these Terms, and in addition to the prohibitions under our Acceptable use Policy (below), you are not allowed to:

reproduce, modify, adapt, republish, redistribute or re-transmit any part of our Sites or any of our own User Content (as defined below)
copy, download or use any part of our Sites other than for your own personal use and as may occur incidentally in the normal course of use of your browser or mobile device
store or host our Sites on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from our Sites or create similar or mirror domain names
remove or change any content of our Sites or attempt to circumvent security or interfere with the proper working of our Sites or any servers or domain names on which they are hosted
create links to our Sites from any other website or platform, without our prior written consent, although a School or current School Hero Organisation may link to our Sites from a website or social media owned or operated by that School or Organisation provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, and the linked website or social media does not, in our opinion, contain any content that contravenes our Acceptable use Policy
infringe our intellectual property (including copyright or trade marks) or that of any third party in relation to your use of our Sites or any School Hero Resources, including by the submission of any material by you for use with, sharing or storage by our Sites (to the extent that such use is not licensed by these Terms)
use our Sites in any way that we, or any of the Schools or Organisations we work with, believe damages our or their name or reputation or that of any of our affiliates, or otherwise do anything that it is not expressly permitted by these Terms
send, knowingly receive, upload, download, use or re-use any material which contravenes our Acceptable use Policy
transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or
knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You will need our express written consent to do anything in relation to your use of our Sites or status as a School Hero that is otherwise prohibited by these Terms

Intellectual property rights

All intellectual property rights in the School Hero Resources or our Sites, the underlying software and in any content, including text, graphics, software, photographs and other images, videos, sound, trade marks (including ‘School Heroes’) and logos are owned by us or our licensors but may be made available for use by you as User Content (as further defined below).

Except as expressly agreed and set out in writing by us to the contrary, nothing in these Terms gives you any ownership rights in respect of any intellectual property owned by us or our licensors, or another’s User Content, and you acknowledge that you do not acquire any such rights by using our Sites.

If any School Hero Resources or User Content is made available to you by us, a School or an Organisation, you only have a right to use the same as permitted under these Terms for as long as you have a valid School Account or Organisation Account, or maintain School Hero status, and your right to publicise yourself in relation to your use of our Sites or as a School Hero last only so long as you validly retain such right or status as set out in these Terms.

Our Sites may contain software code commonly referred to as open source software which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor. To the extent that our Sites contain any open source software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor and not under these Terms, and you accept and agree to be bound by such terms.

Functionality and content

We reserve the right to change the design, features and/or functionality of our Sites. You are not obliged to download any updated app version of our Sites, but we may cease to provide and/or update content solely relevant to prior versions of the app and, depending on the nature of the update, in some circumstances you may not be able to continue using an app until you have downloaded the updated version.

Where our Sites make content available, including School Hero Resources or User Content, such content may be updated at any time. We reserve the right to remove, block access to, cease to provide and/or update content to our Sites, with or without notice to you, if we need to do so for security or legal reasons or other reasons which we deem to be any other reasonable ground.

Except as expressly set out in these Terms, we make or give no representation and do not enter into any condition, warranty or other term as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content on our Sites, including any User Content, and to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. You acknowledge and accept that our Sites have not been developed specifically for you and are provided on an ‘as is’ basis.

We cannot and do not guarantee that our Sites or any content, including User Content, will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of our Sites and its content.

Data Protection

We are committed to protecting your own and other users’ privacy and we will only use any personal data collected by us or submitted to us in accordance with our Privacy Policy, which you must comply with.

Our Acceptable use Policy

Our Sites are intended to enable commercial Organisations to support Schools and to be able to publicise this support via their status as a School Hero. Consequently, our Sites may provide facilities to allow users, including Schools and Organisations, to communicate with us and with one other as well as to upload and provide images, logos and trade marks or other materials and to download and use School Hero Resources for use by a School and Organisations in relation to their status as a School Hero (collectively User Content).

We do not control or actively moderate User Content provided to us or communicated via our Sites. You are solely responsible for any User Content provided or communicated by you and it must not contravene these Terms including this Acceptable use Policy.

You agree that by you submitting any User Content to our Sites you grant us and our affiliates, including relevant Schools or Organisations, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.

Whilst we do not pre-screen User Content we nonetheless reserve the right, in our sole discretion, to delete, edit or modify any User Content, at any time without notice. Complaints about the nature of any User Content may be sent to hello@schoolheroes.com.

We will do all we reasonably can to ensure that our Sites are used in an appropriate manner and in accordance with the expectations of the Schools we seek to support.

We may, at any time, and without giving a reason:

suspend or terminate your access to our Sites
suspend the operation of all or part of our Sites
remove, or block access to, any information including any User Content accessible via our Sites
revoke your status as a School Hero, or
take any other appropriate action in relation to our Sites or anyone using them

if, in our opinion, or any School which you support as a School Hero, deems any User Content or actions or omissions of any user (whether in relation to the use of our Sites or not) to contravene these Terms including this Acceptable use Policy.

To the extent that we are reasonably able to do so and that it is appropriate in the circumstances, we will notify you of any such action likely to affect you, but we shall not be obliged to do so.

Your use of our Sites must comply with the spirit as well as the letter of these Terms and any information or User Content you supply or make available via our Sites must:

be accurate (where it states facts)
be genuinely held (where it states opinions), and
comply with the laws of England and Wales as well as any country from which it is communicated.

Any information or User Content you supply or make available via our Sites must not:

be defamatory, obscene, offensive, hateful or inflammatory
include or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
be intended to or likely deceive any person
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence, or be in contempt of court
be threatening, abuse or invade another’s privacy, cause annoyance or be likely to harass, upset, embarrass or alarm any other person or entity
impersonate any person, or misrepresent your identity or affiliation with any School, Organisation or other entity
advocate, promote or incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) intellectual property infringement or computer misuse, or
contain any advertising or promote any services or links to other websites or platforms, or any viruses and/or other code that has contaminating or destructive elements.

We may, at any time, and without giving notice, suspend or terminate the use of, or access to, our Sites for a breach of this Acceptable use Policy, or to ensure the security or integrity of our Sites, to protect the interests of any user or of any person whose information is shared via our Sites, or for any actions we deem to not be in our or our users’ best interests.

We may otherwise terminate this agreement with you where we deem you to be in breach of these Terms, and we do not deem such breach to be capable of remedy, or where we are no longer able to supply or operate our Sites for a reason beyond our control or where we suffer what may be considered an insolvency event, or where a third party input we deem to be a dependency is no longer available to us on what we deem to be commercially reasonable terms.

External links

Our Sites may, from time to time, include links to external sites. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters, including any School or Organisation.

Our Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

In addition, our Sites are not intended to be used by consumers and we shall have no liability in respect of any use by consumers, or for any commercial or business use other than in relation to an Organisation’s request to support Schools and be a School Hero. We shall also not be liable or responsible for any failure to perform, or for any delay in performance of any of our obligations that is caused by events outside our reasonable control or by any act or omission of a third party, including a School or Organisation holding an account with us.

In no event shall we be liable to you for any loss of profit, loss of business, revenue, contracts, data, goodwill or other similar losses, loss or corruption of data, pure economic loss or any special, indirect or consequential loss, costs, damages, charges or expenses however arising.

OUR TOTAL LIABILITY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SITES SHALL BE LIMITED IN RESPECT OF ALL CLAIMS (CONNECTED OR UNCONNECTED) TO THE SCHOOL HEROES FEES PAID BY YOU IN THE PRECEDING 12 MONTHS BEFORE THE CAUSE OF ACTION AROSE AND SHALL BE CAPPED IN ALL INSTANCES AT A TOTAL OF £500.

In any event, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.

General

You may not transfer or assign any or all of your rights or obligations under these Terms.

All notices given by you to us must be given in writing using the details made know to you at the end of these Terms.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

These Terms may not be varied except with our express written consent.

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. Any contract formed under these Terms may be concluded in the English language only and any claims arising out of these Terms or your use of our Sites shall be governed by English law and the exclusive jurisdiction of the Courts of England and Wales.

Contacting us

Please submit any questions you have about these Terms via the Get in touch page on our website.

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