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.

Throughout these terms and conditions “this Agreement” shall mean these terms and conditions, together with our Privacy Policy. In the event of any conflict the documents shall rank in the following order of priority, Privacy Policy, these terms and conditions.

You must read and understand these terms and conditions before registering for the Report Comment Bank Service. By registering, you accept that you are entering into a contract with us on these terms and conditions. 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; (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 these 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 purpose of school report writing . 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 DBS checked.
• We are registered with the Information Commissioner. We hold your personal data in accordance with our Privacy Policy found at https://www.edukey.co.uk/privacy. 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.

Throughout the term of this Agreement you will:

• 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: support@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 these terms, “Privacy and Data Protection Requirements” means: the Data Protection Act 1998 (until repealed) (“DPA”), the Data Protection Directive (95/46/EC) (until repealed) and, from 25 May 2018, the General Data Protection Regulation 2016/679 (“GDPR”) or any equivalent provision which may replace the GDPR following the formal political separation of the United Kingdom from the European Union; the Regulation of Investigatory Powers Act 2000; the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699); the Electronic Communications Data Protection Directive (2002/58/EC); the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003); and all applicable laws and regulations which may be in force from time to time relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction. “Personal Data”, shall have the meanings given in the DPA or, from 25 May 2018, the GDPR.

In transmitting any third party data (for example personal data relating to pupils/students) to Edukey Education Ltd, you warrant that you have all the necessary consents and authorisation to disclose such personal data and are fully compliant with all applicable Privacy and Data Protection Requirements 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 Privacy and Data Protection Requirements.

Personal data we collect about you, will be held in accordance with our Privacy Policy.

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 support@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 the laws of England and Wales and the parties agree to the non-exclusive jurisdiction of the courts of England and Wales.

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. 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.