The Site provides users with a progress management system that can be used to store students’ data and to evaluate students’ progress (the Service).
We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible, provided that such variation shall not apply to any Services provided following receipt of the first instalment of any fee. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
You may register at the Site either as (a) an educational establishment for an agreed fixed number of users; and/or (b) an individual qualified teacher, a student teacher or a teaching assistant.
If you register as an individual user, you must (a) have separate accounts for each educational establishment where you teach; (b) have the permission to use the Services from each such educational establishment and warrant that such educational establishment complies with Clause 6 below; and (c) notify us if you leave the employment of an educational establishment, and you agree that on the date that you leave such employment, you shall no longer have access to the information you have provided under the Services.
f you register as an educational establishment you (a) warrant and represent that you have the authority of the establishment to enter into these Terms and bind the establishment to these Terms; (b) will only permit current qualified teachers, student teachers and/or teaching assistants employed by the educational establishment to access the Services under your registration; (c) notify us if any of your users leaves your employment and suspend their account; (d) you will permit student teachers, qualified teachers and/or or teaching assistants only up to the number of authorized users you have paid for to access the Services; and (e) you agree that any act or omission by a user engaged by the establishment shall be deemed to be an act or omission of the educational establishment for the purposes of these Terms. Educational establishments must take all necessary measures to ensure compliance with these Terms by its users.
Users warrant that all information provided to us is accurate and complete and you shall notify us of any changes to that information, including in the case of an educational establishment, any change to any individual authorised to use the Services.
Users are responsible for maintaining the confidentiality of their password, and are solely responsible for all activities that occur under your account. You must not allow any third party to access your account. Please take precautions to protect your password and contact us immediately at [email protected] if you believe there has been any unauthorized use of your account. You should exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this Clause 8.
Certain parts of the Site can be used only on payment of a fee. Fees are due on in advance on an annual basis or a monthly basis. For individual subscriptions, fees are payable by debit or credit card or PayPal. For educational establishment subscriptions, fees are payable by bank transfer or direct debit. Unless otherwise stated, the fees are inclusive of VAT.
We shall be entitled to increase the fees on the anniversary of a subscription start date by an amount equal to the higher of (a) the average the retail prices index over the previous 12 months; and (b) 5%. Your continued use of the Services constitutes acceptance of the increased fees.
Without prejudice to any other rights or remedies available to us, if you fail to pay an invoice by the due date, we shall be entitled to (a) claim costs and interest under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the due date for payment accruing on a daily basis, until payment is made; (b) suspend the supply of the Services; and/or (c) terminate these Terms on written notice.
If at any time an educational establishment’s access to the Site and Services exceeds the agreed number of authorised users, the educational establishment shall pay to us a charge equal to our then current fee for each such additional user together with a reasonable administration charge (plus VAT in each case).
We hereby grant to you a non-exclusive, non-transferable right to use the Site and Services solely to assist you to monitor and develop your students’ progress. You acknowledge that no intellectual property rights (including without limitation copyright and database rights) in the Site and/or the Services are assigned to you under these Terms. You can view, print or download extracts from the Site for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use all or part of the Site without our permission.
The Site must not be used for any illegal or unauthorised purpose. In particular, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or the Services; (c) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law; and/or (d) use the Site and/or the Services to provide services to third parties.
Save in relation to Your Content, the copyright in all material contained in the Site and the Services including all information, data, text, images, and all source code and other software is owned by or licensed to us. You have no right to sub-license the right to use the Site and/or the Services to any third party.
There are many opportunities for you to interact and provide content to the Site (User Content). For the avoidance of doubt, these provisions apply whether you have registered as an individual teacher or teaching assistant or as an educational establishment.
In providing personal data to us through the Services, you acknowledge and agree that you comply with the provisions of the Regulations, and without limit to the generality of the foregoing, you acknowledge and agree that (a) use of the students’ personal data within the Site and the Services is expressly included within the relevant educational establishment’s data protection policy which is provided to parents and carers, and at our request, you shall provide a copy to us of such policy; (b) no personal data is provided to us if the student, their parent or carer has requested that you do not do so; (c) all personal data is accurate and up-to-date and that inaccuracies will be promptly corrected; (d) only personal data that is required for the provision of the Services is provided to us; (e) if a student leaves the educational establishment, you must follow the instructions on the Site to ensure that the data on the Site that relates to the student is made anonymous; (f) if a student, their parent or carer, contacts us and asks to view the student’s personal data that we hold, or asks us to amend and/or delete such personal data, we are required to comply with that request without notice to you.
We shall comply with Article 28 of the Regulations, and in particular we shall: (a) only process the Personal Data as necessary to provide the Services and otherwise on your written instructions, which may be specific instructions or standing instructions of general application; (b) take appropriate technical and organisational measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of or damage to Personal Data; (c) at your request and choice either deliver up or delete the Personal Data from our systems on termination of the Services; (d) ensure that individuals processing the Personal Data for us are subject to a duty of confidence in relation to the Personal Data; (e) only engage sub-processors with your prior consent and under a written contract; (f) assist you in providing subject access and allowing students to exercise their rights under applicable laws; (g) assist you in meeting your legal obligations under the Regulations and in relation to the security of processing, the notification of personal data security breaches and data protection impact assessments; (h) submit to audits and inspections by you to ensure that we are complying with our obligations under this Clause 19 and the Regulations, subject to reasonable notice and during our working hours; (i) promptly comply with any request from you requiring us to amend, transfer or delete Personal Data or to restrict processing; (j) notify you if there is a breach of the security of the Personal Data and notify you with details of how we propose to remedy such breach; and (k) notify you if we are requested to take any action in breach of the Regulations.
User Content must comply with all applicable law. In particular, but without limitation, your User Content must not (a) be inaccurate, false or misleading; (b) promote racism, hatred or physical harm of any kind against any group, establishment or individual; (c) harass or encourage harassment of another person; (d) promote illegal activities, criminal conduct or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) contain inappropriate content, including sexual or violent content; (f) involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming; and/or (g) infringe any third party rights, including copyright, trade marks or rights of privacy.
We take seriously the use of third party content. Therefore it is important that our use of your User Content within the Service does not infringe any third party rights, including copyright, trade marks or rights of privacy. This means that if any of your User Content includes content that you did not create or that you do not otherwise own, you must have the right from the content owner to upload such content to the Service.
We are not responsible and accept no liability for User Content including any User Content that contains incorrect information or is defamatory about a third party, including a student, another user or an educational establishment. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time.
The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications and we are not responsible for and do not endorse any third party websites or applications or their availability or content.
We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
We shall (a) provide the Services with reasonable skill and care; (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses; and (c) subject to Clauses 28 and 29 below, provide you with access to the Site and the Services.
You understand that the Services, and the content provided to you by the Services, are for information only. We do not warrant that any result or objective shall be achieved, be achievable or be attained by a student, teacher or education establishment as a result of the Services.
Save in relation to our obligations set out in Clause 25 above, the Services and the Site are provided on an “as is” basis. To the maximum extent permitted by law (a) we disclaim all liability whatsoever, whether arising in contract, tort (including negligence or under statute) or otherwise in relation to the Site and the Services; and (b) all implied warranties, terms and conditions relating to the Site (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.
We will not be liable, in contract, tort (including negligence or under statute) or otherwise, as a result of or in connection with the Site or the Services, for any (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of reputation; (c) loss of data; (d) special or indirect or consequential loss even if advised of the possibility of such losses; and/or (e) any loss arising from your failure to provide accurate and complete information.
If we are liable to you directly or indirectly in relation to the Site and/or the Services, that liability (howsoever arising) shall be limited to the sums paid by you to use the Site. Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.
We will use reasonable endeavours to make the Site available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You should promptly report any fault in the Site and/or the Services to [email protected] and we shall endeavour to remedy the fault as soon as reasonably practical.
We reserve the right to remove any content or features from the Site for any reason, without prior notice and/or to suspend or cease providing any services relating to the Site without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances, save to refund pro-rata any fees paid in advance in respect of any content or features suspended or stopped.
We may suspend or delete your account if (a) you have breached any provision of these Terms in particular in relation to payment of fees; (b) an educational establishment permits more than the authorized number of users to access the Site and/or Services or an individual subscriber shares their account with a third party; (c) we cannot verify or authenticate any information you provide to us; and/or (d) we determine that your conduct could damage our reputation.
You may terminate your account by following the instructions on the Site or contacting us at [email protected].
You agree that once your account has terminated, if you have paid for the Site, all fees will continue to be due for the period of the subscription you have selected and your User Content will no longer be accessible and may be deleted. However, you acknowledge that we may retain Your Content on an anonymous basis for the purposes of recording and analysing the progress and development of teachers, educational establishments and students for research purposes and for our general business purposes.
If you believe any User Content or other part of the Service infringes your copyright, you may submit a notice to us including the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing; (d) information reasonably sufficient to enable us to contact you, including your name, email and/or postal address; (e) a statement that you have, in good faith, a belief that use of the material within the Service is not authorised by the copyright owner, its agent and/or the law; and (f) a statement that the information in the notice is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You consent to receive all communications including notices and other information from us electronically. We may provide all such communications by email, text or by posting them on the Site.
Each of the parties is an independent contractor and nothing in these Terms shall be construed to imply that there is any relationship between the parties of employer/employee, partnership or of principal/agent. The parties are not engaging in any joint venture and neither of the parties shall have any right or authority to act on behalf of the other nor to bind the other by contract or otherwise.
If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr.
These Terms shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English Courts.