Developer Hub Terms of Use
PEOPLE’S ADMINISTRATION SERVICES LIMITED
28 November 2022
1. Introduction
1.1 This website, https://developer.peoplespartnership.co.uk (the “Developer Hub”), is owned and operated by People’s Administration Services Limited, a company registered in England and Wales under registration number 02207140 (from now on, “we”, “our” or “us”). Our registered office is Manor Royal, Crawley, West Sussex, RH10 9QP.
1.2 The Developer Hub enables our integration partners and developers that meet the criteria set out in paragraph 3.2 (from now on, “you” or “Developer “) access to and use of an online repository of information, documentation, specifications, protocols, rules, users guides, manuals, reports and other materials (“Developer Hub Materials and Services”) to allow you to connect to, and integrate with, the pension scheme known as “The People’s Pension” and the associated online services and databases provided by us (the “Online Services”) through use of our open API.
2. Purpose People’s
2.1 These terms govern your licence and use of the Developer Hub and the Developer Hub Materials and Services (the “Terms”). These Terms incorporate our privacy policy, a copy of which is available at https://peoplespartnership.co.uk/privacy-policy/
2.2 You are required to accept the Terms completely in order to access and use the Developer Hub and the Developer Hub Materials and Services. If you do not accept these Terms completely, then you must not use or continue to use the Developer Hub or the Developer Hub Materials and Services.
2.3 By accessing or continuing to access any part of the Developer Hub, you:
2.3.1 consent to be bound by these Terms as they are updated from time to time at the time of your use; and
2.3.2 confirm that you have the authority to bind any company that you are employed by or contracted to provide services to at the time of your use of the Developer Hub.
2.4 You should check for any changes to these Terms each time you access the Developer Hub as changes will be legally binding upon you when we post them on the Developer Hub (any prior rights and obligations that may apply with respect to your use of the Developer Hub or the Developer Hub Materials and Services will be superseded by the changes), whether or not we provide you any other notice of such changes. We will indicate the effective date of the currently applicable Terms at the beginning of the Terms.
2.5 We reserve the right, at any time, to modify, suspend or discontinue the Developer Hub (or any part of it) or your access to it at any time with or without notice. You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance.
3. Becoming a developer
3.1 If you wish to use the Developer Hub and the Developer Hub Materials and Services we ask that you become a registered Developer of the Developer Hub by creating an account with us and providing the necessary information requested (your “Account”). Registration is a simple process and can be completed by clicking the “Develop” button on the Developer Hub homepage followed by the “Register” button.
3.2 By creating an Account with us you confirm that you are aged 16 or over, and are an employee, agent or contractor of an integration partner.
3.3 By signing into the Developer Hub using your Account you consent to your consent appearing on the Developer Hub and being used by us as set out in these Terms.
4. Developer Data
4.1 You acknowledge and agree that all test data and all information, comments, and other data (including anything that you post to a developer community forum) that you upload, post or transmit through or to the Developer Hub in connection with your use of the API (“Developer Data”) is your sole responsibility.
4.2 In respect of the Developer Data, you acknowledge and agree that:
4.2.1 your Developer Data is true, complete and accurate and non-infringing of any other person’s rights and you will promptly update or correct any of Developer Data on becoming aware of any errors or inaccuracies and will provide us with such assistance as we may reasonable require to identify and remedy any unauthorised use of Developer Data;
4.2.2 your Developer Data uploaded to the People’s Partnership testing environment must not be traceable to any living individual
4.2.3 we may in our absolute discretion at any time and without notice to you remove, cause to be removed or decline to display any of Developer Data on the Developer Hub;
4.2.4 we will be under no obligation to monitor or censor Developer Data or any other Developer Data that appears on our Developer Hub, but we reserve the right for ourselves to do so; and
4.2.5 it complies with all applicable laws in England and Wales and will not be defamatory or infringe any copyright, trade mark or other intellectual property rights or rights of any third party whatsoever.
4.3 To the fullest extent permitted by law, we accept no responsibility for any content on the Developer Hub (including the Developer Data). If you become aware of any content which contravenes or potentially contravenes our Terms, please let us know by emailing us at payroll@thepeoplespension.co.uk. Although we do not monitor all content posted on the Developer Hub, we reserve the right to edit, delete or remove any content (including Developer Data) at our absolute discretion and without notice to you.
5. Use of the Developer Hub
5.1 You agree to read and abide by all notices posted on our Developer Hub from time to time.
5.2 You further agree that you will not:
5.2.1 use the Developer Hub or the Developer Hub Materials and Services in any way that is prohibited by these Terms or for any purpose that is unlawful under any applicable law or regulation or in a way that infringes or may infringe any other person’s rights;
5.2.2 use the Developer Hub to transmit any malware, spyware, viruses, worms, defects, Trojan horses, malware malicious or harmful code or use any items of a destructive nature, or compile or use any content for the purpose of spamming or to promote or facilitate disruptive commercial messages or advertisements;
5.2.3 attempt to gain unauthorised access to any part of the Developer Hub or any server, computer or database connected to the Developer Hub;
5.2.4 post or distribute any defamatory, obscene messages or Developer Data which may otherwise be unlawful (including that which includes any other person’s proprietary information such as trade marks, copyright-protected or confidential information or trade secrets and where you are not authorised by the owner or rights holder to post or distribute such information);
5.2.5 interfere with or disrupt the service or servers or networks connected to the Developer Hub, or disobey any requirements, procedures, policies or regulations of networks connected to the Developer Hub;
5.2.6 extract, collect, process, combine or store personal data about another person from the Developer Hub; or
5.2.7 disclose your Account log-in details to any other person, including your username and password.
6. Use of the Developer Hub Materials and Services
6.1 Except as expressly set out in these Terms or as permitted by English law, you agree not to:
6.1.1 rent, lease, sub-license, loan, distribute, disclose, or otherwise commercially exploit the Developer Hub Materials and Services or otherwise make them available in whole or in part to any third party;
6.1.2 make alterations to, or modifications of, the whole or any part of the Developer Hub Materials and Services;
6.1.3 copy the Developer Hub Materials and Services except for the purposes of downloading them onto an electronic device and then subsequently copying them onto other devices provided always that they are being used solely for the purpose set out in paragraph 8.1.1;
6.1.4 remove copyright notices or other forms of proprietary notice from the Developer Hub Materials and Services; or
6.1.5 use the Developer Hub Materials and Services for any purpose other than in connection with the integration of your pension software with our Online Services, including using the Developer Hub Materials and Services to provide services:
(a) to a third party on a commercial basis;
(b) to any intermediary or any other company involved in the administration of pension schemes; or
(c) to any of our competitors,
unless you have received prior written permission from us.
7. Breach of these terms
You acknowledge that any breach by you of these Terms may not only be a breach of contract but may also be a criminal offence under the Computer Misuse Act 1990 and that we may report such actual or suspected breaches to the relevant law enforcement authorities and co-operate with those authorities, including by disclosing your identity or IP address to them. In the event of any actual or suspected breach, your use of this Developer Hub is to cease immediately or we may terminate it.
8. Licence
8.1 Developer Hub Materials and Services Licence
8.1.1 In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to:
(a) access the Developer Hub; and
(b) download, view and use the Developer Hub Materials and Services,
solely for the purpose of enabling you to connect to, and integrate with, the Online Services through use of our open API.
9. Intellectual property rights
9.1.1 Our ownership
(a) All rights, including copyright and other intellectual property rights, in and to the Developer Hub and the Developer Hub Materials and Services are owned by us or our licensors. Our entire Developer Hub is subject to copyright with all rights reserved.
(b) By submitting, posting or displaying any Developer Data on the Developer Hub, you confirm that we own all rights, title and interest (including intellectual property rights) in the Developer Data. You agree to assign or procure the assignment of such rights, title and interest (including by way of present assignment of future intellectual property rights) to us or any relevant third party nominated by us. You shall execute all such documents and do such things as we may consider necessary to give effect to this assignment.
(c) All logos and trade marks owned or used by us and our group of companies in the course of our business are owned by us, a member of our corporate group or our licensors.
(d) Other than as expressly provided in these Terms, nothing will be construed as inferring by implication or otherwise any licence or right under any copyright, trade mark, database right, or other intellectual property or proprietary interest of us, our licensors or any third party. Any rights not expressly granted to you by these Terms are reserved by us or our suppliers.
(e) You agree that you will not take any action inconsistent with our ownership of the Developer Hub and/or the Developer Hub Materials and Services.
10. Links to, and Developer Data provided by, third party websites
10.1 Our Developer Hub may contain hyperlinks to websites operated by other parties. These hyperlinks are provided for your reference only. We do not control such websites and we are not responsible for their content, privacy policies or terms of use or their accuracy and our inclusion of content and hyperlinks on this Developer Hub to any other website does not mean that we endorse their content or endorse their operators or that we are associated with them.
10.2 The privacy policies and terms of use of any websites, which you may access via a hyperlink from this Developer Hub, will be those of the website owners and operators who own those websites or apps.
11. Our liability to you
11.1 Errors and omissions: This Developer Hub and the Developer Hub Materials and Services provided to you on an ‘as is’ basis and the content posted to the Developer Hub by Developers of the Developer Hub does not represent our views or any of our business partners. We do not warrant that the information published on our Developer Hub or contained in the Developer Hub Materials and Services will be accurate, up to date or error free and in using our Developer Hub or the Developer Hub Materials and Services you acknowledge all information may include inaccuracies or typographical errors.
11.2 Types of loss and damage not recoverable from us:
(a) You agree that we will not be liable for any losses or damages arising out of or in connection with your use of the Developer Hub, the Developer Hub Materials and Services or any other products, services, and/or information otherwise made available through this Developer Hub and/or posted by any Developer of this Developer Hub, including but not limited to any loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties or any indirect or consequential loss or special damages even if we have been advised of the possibility of such loss or damage or such loss or damages were reasonably foreseeable.
(b) You also agree that we will not be liable to you for any losses or damages arising from your use or inability to use this Developer Hub, the Developer Hub Materials and Services or our services and you agree to waive any and all claims in relation to that use or inability to use (whether based on contract, tort or any other grounds).
(c) To the maximum extent permitted by law, we accept no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, defraud, theft, technical failure, error, omission, interruption, deletion, defect, delay or any occurrence beyond its reasonable control which comprises or affects the administration, security, fairness or the integrity or proper conduct of any aspect of this Developer Hub. We also do not warrant or guarantee that your use of this Developer Hub (and the content on it) will be virus-free or available. It is your responsibility to ensure that the computer or other device with which you may access the Developer Hub has appropriate virus screening software.
11.3 Amount: Without limit to paragraphs 11.1 and 11.2, in the event of any claim arising in connection with your use of the Developer Hub, Developer Hub Materials and Services, content or Developer Data, our total liability to you is limited to the sum of one pound (£1).
12. Disclaimer and indemnity
12.1 Indemnity:
(a) You agree to indemnify and hold us, our directors, officers, employees, subsidiaries, affiliates, agents, other partners or representatives harmless from any loss, liability, claim or demand, including legal fees, arising out of:
(i) your use of the Developer Hub, the Developer Materials, Developer Data or content; and
(ii) our use of your Developer Data.
(b) All use by you of this Developer Hub and the Developer Materials is at your own risk and you assume complete responsibility for all risk or loses or damage, including any resulting from your downloading, uploading and/or use of or referring to or relying on information, products, properties, services or materials provided on this website or any other information obtained from your use of our Developer Hub.
12.2 Disclaimer:
(a) To the maximum extent permitted by law we make no representations, warranties or undertakings that:
(i) the Developer Hub or the server that makes the Developer Hub available will be free from defects, including infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, defraud, theft, technical failure, error, omission, interruption, deletion, delay or any occurrence beyond our reasonable control which comprises or affects the administration, security, fairness or the integrity or proper conduct of any aspect of this Developer Hub; nor
(ii) your use of this Developer Hub (and the Developer Hub Materials and Services) will be virus-free or available.
(b) To the maximum extent permitted by law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties or undertakings about any of our services, information and/or content on this Developer Hub including without limitation their accordance, their completeness or their merchantability, quality or fitness for a particular purpose.
13. General
13.1 These Terms and your use of this Developer Hub and the Developer Hub Materials and Services are governed by the laws of England and Wales.
13.2 You consent to the exclusive jurisdiction of the courts of England and Wales in all disputes arising out of or relating to the use of this Developer Hub and the Developer Hub Materials and Services each time you access the Developer Hub. Use of this Developer Hub is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, to this paragraph.
13.3 Our failure to enforce at any time one or more of the terms or conditions in these Terms will not be a waiver of them or the rights attaching to any of them. No provision of these Terms is waived by us unless we waive it in writing.
13.4 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of this Developer Hub.
13.5 Our performance of these Terms is subject to existing laws and legal process and nothing contained in these Terms is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Developer Hub, the Developer Hub Materials and Services or information provided to or gathered by us with respect to such use.
13.6 If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
13.7 These Terms (including our Privacy Policy) constitute the entire agreement between you and us with respect to this Developer Hub and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Developer Hub.
13.8 Although we cannot monitor your or anyone else’s conduct offsite, it is a violation of these Terms to use the Developer Hub Materials and Services or any other information obtained from this Developer Hub in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.
13.9 Any terms in these Terms that by their nature are intended to continue indefinitely will continue to apply after termination of any agreement between us and you.
13.10 No person who is not a party to these Terms may enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
13.11 You may not assign or transfer your rights or obligations under these Terms. We may assign any contract between us and you to a third party.
13.12 Any notices to us must be sent in writing to our registered company headquarters address as set out on our website via first class or air mail or overnight courier, and is deemed given upon receipt.