Terms of Service

Introduction

This Agreement is a legal document which sets out your rights and obligations, and those of Edukey Education Limited, a company registered in England & Wales under registration number 05855261 ("Edukey", "we" or "us"), in relation to this site and other products and services offered by Edukey through it (collectively, the "Report Comment Bank Service").

The Report Comment Bank Service includes all versions of "Report Comment Bank". Report Comment Bank is an Edukey trademark.

You must take the time to read and understand this Agreement before registering for the Report Comment Bank Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Report Comment Bank Service who do not register to become a User similarly affirm that they are bound by this Agreement each time they access the Report Comment Bank Service.

1. Use of the Programme

Edukey Education Ltd grants to you the limited right to use the system from the date of acceptance of this Agreement unless terminated by either party in accordance with the terms detailed below. You may only use the system for your non-commercial personal use and the use of teachers and pupils within your school for the purposes of education and assessment. The system is provided by and the materials are licensed or owned by Edukey Education Ltd.

If you create a school registration on the Report Comment Bank Service, you become a ‘User’. In becoming a User you warrant that: (i) you are of legal age to form a binding contract (or, if you are a minor, you have your parent's permission to use the Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Report Comment Bank Service. This Agreement is void where prohibited by law, and the right to access the Report Comment Bank Service is revoked in such jurisdictions.

As a User, you also warrant that you will only grant access codes to teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member's employment with you, you will require such individual to return and cease using all access codes he or she has in his or her possession. If at any time you learn a user of the Report Comment Bank Service claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify Edukey immediately.

If you are accessing the Report Comment Bank Service as a User on behalf of a school or district that is based in the United States and will enrol Students that are based in the United States, you represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act ("COPPA"), which requires parental consent for online collection of personal information from children under 13. You must obtain advance written consent ("Consent") from all parents whose children will be accessing the Services. When obtaining Consent, you must provide parents with a copy of our Privacy Policy. You must keep signed Consents on file and provide them to Edukey upon our request. For more information on COPPA, please see www.ftc.gov/privacy.

If an institution (such as a school) or another enterprise is providing your Membership of the Report Comment Bank Service, note that you may only use your Membership for so long as that institution or Edukey collects limited personal information from minor Students, but only where that Student's school, district, and/or teacher has contracted with Edukey (by agreeing to these Terms and Conditions) to collect personal information from Students for the use and benefit of the learning environment. Edukey requires schools, districts, and/or teachers to obtain parental consent from Students' parents before collecting any such personal information. If you are a Student, please do not send any personal information about yourself to us, other than what we request from you when you sign up for the Services. In the event that we learn that we have collected personal information from a Student without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a Student has provided us personal information beyond what we request when he or she signs up for the Website, we will delete that information as quickly as possible. If you believe that a Student may have provided us personal information beyond what is requested when signing up for the Website, or that a Student's school, district, or teacher has not required parental consent prior to our collection of any personal information, please contact us at support@edukey.co.uk

2. Ownership

This Agreement does not provide you with title to or ownership of the system nor does this Agreement provide you with any exclusive or perpetual right to use the system beyond the limits of this Agreement.

3. Restrictions on Use

You shall not alter, modify, adapt or translate the whole or any part of the system materials in any way whatever or permit the whole or any part of the system materials to be combined with or become incorporated in any other computer program nor decompile, disassemble or reverse engineer the same nor attempt to do any of such things. To enable you to make use of the system, permission is hereby granted to you to electronically copy and store and print individual pages of the system materials on paper and photocopy them only for the Purposes. Any other use of the system materials, including reproduction for purposes other than that hereby authorised (including the removal of copyright or trade mark notices), the creation of an electronic or manual database by systematically downloading and storing the system materials, or their distribution (whether electronically or not) or republication, is prohibited. The use of this system is only permitted by schools and other educational establishments.

Any requests for permission to use the facility in a manner otherwise than permitted by this Agreement should be emailed to support@edukey.co.uk.

4. Security

We employ a range of industry standard measures to ensure that data is safe and secure:

  • We use Geo Trust 256 bit SSL encryption for all data transfers and our database uses encryption for key data.
  • All of our staff are enhanced CRB checked.
  • We are registered with the Data Protection Commissioner and comply with all aspects of the Data Protection Act.
  • We employ a penetration testing company to ensure our systems are secure, they perform system security tests on a regular basis.
  • Our data centre has a range of security features such as CCTV, dual access locks and triplicate backups.

However, security is a concern for all users of the system so we suggest you:

  • Ensure you have up to date anti-virus software running on any device you access the system from.
  • Make sure you log off from the system if you leave your device unattended.
  • Do not write down or share system passwords.
  • Change your password on a regular basis.
  • Immediately report any suspected security breach
  • You are required to use passwords in order to access the system. The responsibility of ensuring that the passwords are not revealed or disclosed to any third party is with you and you must use all reasonable endeavours to keep them secure. If you become aware that a third party knows or has discovered the passwords, you must contact: info@edukey.co.uk. You must observe any user instructions of which Edukey Education Ltd may notify you from time to time. These user instructions may be liable to change and if this happens Edukey Education Ltd will notify you, and you must observe any new user instructions of which Edukey Education Ltd notifies you.

5. Improvements and Updates

Edukey Education Ltd reserves the right to:

(a) Add additional functionality to the Web Site;

(b) Provide additional services from time to time;

(c) Introduce updates to the system; which may at Edukey Education Ltd’s sole discretion either be provided as part of the facility or provided for an additional fee.

6. Intellectual Property

Unless stated otherwise, any intellectual property rights arising in respect of the system and the system materials belong to Edukey Education Ltd and/or its licensors. Any use of such intellectual property rights or software is strictly prohibited except where expressly allowed under this Agreement.

7. System Requirements

Edukey Education Ltd aims to use appropriate technology to ensure that you are provided with the best quality of service. As such the functionality of the system may change from time to time and Edukey Education Ltd cannot guarantee the availability of the facility on any particular system or browser. The operation of the system requires Internet connectivity. You are responsible for making appropriate arrangements with an Internet service provider.

8. Limitation of Liability

Edukey Education Ltd will provide the system with its reasonable skill and care. However Edukey Education Ltd does not warrant that the functions contained in the system will meet your requirements or that the operation of the system or Web Site will be uninterrupted or error free. The warranties and conditions stated in this Agreement are in lieu of all other warranties, conditions or other terms whether express or implied.

9. Limitation of Edukey Education Ltd

Whether or not Edukey Education Ltd has been advised of the possibility of such loss, Edukey Education Ltd shall not be liable in contract, tort or otherwise howsoever for indirect loss of profits or of the use of money; loss of revenue; loss of business or goodwill; loss of, damage to, or corruption of data; or loss of opportunity whether arising out of or in connection with or in relation to the Web Site or the availability or non-availability of the Web Site or the supply or non-supply of the facility or otherwise under this Agreement. You hereby agree to fully indemnify Edukey Education Ltd against any claim brought by a third party resulting from use of the facility by you in respect of all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by Edukey Education Ltd in consequence of your breach or non- observance of this Agreement. In addition, you shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against Edukey Education Ltd arising from any such claims and shall provide Edukey Education Ltd with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims at your own expense. Edukey Education Ltd shall not be liable in respect of the use of or inability to use the system or in connection with any failure of performance, accuracy, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if Edukey Education Ltd or its employees or agents are advised of the possibility of such damages or losses. Accuracy of pupil data is the responsibility of the school and the school will have provisions in place to ensure the data is verified as accurate & up to date and complies with the Data Protection Act. Nothing in this Agreement shall exclude or limit the liability of Edukey Education Ltd for personal injury or death caused by its negligence. If you breach any of the terms of this Agreement, Edukey Education Ltd is entitled to terminate immediately without recompense to you.

10. Data Protection

In transmitting data to Edukey Education Ltd, you warrant that you have all the necessary consents and authorisation to disclose personal data and are fully compliant with all applicable Data Protection legislation and will indemnify Edukey Education Ltd from any losses, costs and penalties for breach of this warranty. Accuracy of pupil data is the responsibility of the school and the school will have provisions in place to ensure the data is verified as accurate & up to date and complies with the Data Protection Act. Edukey Education Ltd takes the issue of data protection very seriously and will not transfer your data to third parties. It is your responsibility to make sure that information which Edukey Education Ltd holds about you and your students is up to date and accurate. Failure to comply with this clause is a breach of this Agreement. Edukey Education Ltd reserves the right to use data gathered from the information that you have supplied having deleted reference to students, school or college names, for educational or other purposes.

11. Force Majeure

Neither party shall be under any liability to the other in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely, circumstances beyond the control of the parties which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority. In particular this clause applies to Edukey Education Ltd being unable to supply the system due to the failure of its own service providers from time to time.

12. Notices

Any notices to be issued under this Agreement may be made via email or post. Notices to Edukey Education Ltd should be sent to its registered address or to info@edukey.co.uk. You must provide an email and postal address to send you notice. Either party may change the address to send notices by notifying the other of such a change in writing. Notices sent by email will be deemed received on the next business day and notices sent by post deemed accepted on the third business day after posting. For the purposes of this clause no account shall be made for school holidays.

13. Governing Law

This Agreement shall be governed in all respects by English Law and the parties agree to the non-exclusive jurisdiction of the English courts.

14. Third Party Software

Software of third parties is provided under the licence terms of the relevant third parties.

15. Severability/Cancellation

If any part, term or provision of this Agreement is held to be illegal, unenforceable or in conflict with the law the validity or enforceability of the remaining clauses shall not be affected. Agreements last for the duration of the contract subscription purchased by you. Termination of the Agreement does not entitle You to recompense in any way and any recompense offered will be at the discretion of Edukey Education Ltd. You can cancel your subscription at any time via paypal or by sending an email to support@edukey.co.uk.

16. Third Party Rights

This Agreement does not create any rights in favour of a third party.

17. Support

Support will be an online solution via the medium of email or a web browser.

18. Privacy

This privacy statement discloses the privacy practices for Edukey Education Ltd.

Information Collection and Use

We will not sell, share, or rent information to others in ways different from what is disclosed in this statement. Edukey Education Ltd collects information from our users at several different points on our system. The security of pupil data is of utmost importance and we use industry standards to ensure pupil data is secure. Pupil data will never be disclosed, published or shared with third parties.

System Registration

In order to use some features of this system, users must first complete the registration form. During registration, users are required to give their contact information (name and e-mail address). This information is used to contact users about the topics on our site for which they have expressed interest and to enable users to retrieve lost passwords.

Cookies

Edukey Education Ltd uses cookies to remember if users have logged in while on our site. This allows system users to avoid logging in more than once, thereby saving time. Users have the option of disabling or not accepting cookies by changing the preferences on their browsers*. If users opt to disable cookies, they will still be able to use our System. However, they will not be able to use some functionality or post to the message boards. No personally identifiable information (e-mail address, name, etc.) is collected with the cookies that we set. Accepting cookies while on the Edukey Education Ltd site will not put the user at risk for marketing to other sites.

*Different browsers have different cookie settings. With Netscape, you can ask the browser to allow, warn you, or completely disable cookies. Internet Explorer has an additional feature where you can specify different settings for different security zones. You can choose to allow cookies for you in your “trusted sites” (like Edukey Education Ltd), to warn you before you create them in your local Intranet zone, and to give you an option to never allow them in a “restricted zone.” See the “Help” section of your particular browser for more information on working with cookies.

Notification of Changes

If we decide to change our privacy policy, we will post those changes on our home page so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Financial details

We do not store customers financial details.

19. General

You may not assign, sublicense or otherwise transfer any of your rights under this Agreement. Edukey Education Ltd may assign the benefit and the burden of this Agreement.

Terms and conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Teach ICT's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term Teach ICT or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.

By using our website you agree:

  • To not create offensive or libelous comments.
  • To use the report tab option to inform us of any offensive or libelous comments.
  • To not store information that may breach the Data Protection Act (ie, use only first names, not full names).
  • To not attempt to modify the core web application code in any way.
  • The information is provided by Teach ICT & users of Report Comment Bank web application and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
  • Existing and future site content is the property of Teach ICT, content can be altered or removed at any time without notification to users
  • In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
  • Every effort is made to keep the website up and running smoothly. However, Teach ICT Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

 

Privacy

This privacy policy sets out how Teach ICT uses and protects any information that you give Teach ICT when you use this website.

Teach ICT is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Teach ICT may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from January 15, 2012.

What we collect

We may collect the following information:

  • name
  • email address

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.