1. ACCEPTANCE OF TERMS Granada Learning Limited of The Chiswick Centre, 414 Chiswick High Road, London W4 5TF (“Granada Learning”, “We”, “Our” or “Us”) provides the schoolcentre.net service to your school and registered users) (“You”), together (“the Parties”) subject to the following Terms of Service ("TOS") 2. DESCRIPTION OF SERVICE Granada Learning provides users with access to a rich collection of resources, including various communications tools, storage facilities and personalised content through its web service Schoolcentre.net (the "Service"). You understand and agree that the Service may include certain communications from Granada Learning, such as service announcements and administrative messages, and that these communications are considered part of schoolcentre.net subscription membership and You will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new schoolcentre.net modules, shall be subject to the TOS. Whilst we use all reasonable endeavours in providing the Service, you understand and agree that the Service is provided “AS IS” and that Granada Learning assumes no responsibility for the deletion or failure to store any user data or settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, You must provide and are responsible for all equipment necessary to access the Service. 3. CHARGES AND INVOICING Where payment is required We will explicitly detail payment requirements, either online and/or in a separate order form (“the Order Form”). You shall also pay all applicable taxes related to charges made for the use of the Service at the same time. If You fail to pay Us within the time stipulated above, We shall be entitled to charge You interest at 4% above the base rate at the relevant time of Barclays Bank plc. Such interest shall accrue daily and be compounded monthly. In addition, We may suspend Your access to and use of the Service. In the case of an online payment or payment via Our telesales operators, We shall send written confirmation of Your subscription purchase to Your stated email address detailing in addition to Your other statutory requirements. - Our scope of service - The term of the subscription - The value of Your order (in the event that this has been paid for by a third party such as an LEA this will be of nil value). In the event that this email from Us to You bounces back to us for whatever reason, We shall instead post a letter of confirmation containing the same details to your school’s stated geographical address. 4. YOUR REGISTRATION OBLIGATIONS In consideration of Your use of the Service, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of England and Wales or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. 5. GRANADA LEARNING GRANADA LEARNING PRIVACY POLICY Registration Data and certain other information about You is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.granada-learning.com/misc/privacy.asp. You understand that through Your use of the Service You consent to the collection and use (as set forth in the Privacy Policy) of this information for storage, processing, and use by Granada Learning. 6. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Granada Learning of any unauthorised use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Granada Learning cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 5. 7. CUSTOMER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not Granada Learning are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the Service. Granada Learning does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Granada Learning be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
You acknowledge that Granada Learning may or may not pre-screen Content, but that Granada Learning and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Granada Learning and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not rely on any Content created by Granada Learning or submitted to Granada Learning, including without limitation information in Granada Learning Message Boards and in all other parts of the Service. You acknowledge, consent and agree that Granada Learning may access, preserve, and disclose Your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to Your requests for customer service; or (e) protect the rights, property, or personal safety of Granada Learning, its users and the public. You understand that the technical processing and transmission of the Service, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Granada Learning and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. You acknowledge that the Service is only for use in the United Kingdom. 8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE Granada Learning does not claim ownership of Content You submit or make available for inclusion on the Service. However, with respect to Content You submit or make available for inclusion on the Service, You grant Granada Learning a world-wide, irrevocable royalty free and non-exclusive license (with the right to sub-license) to
9. INDEMNITY You agree to indemnify and hold Granada Learning, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content You submit, post, transmit or make available through the Service, Your use of the Service, Your connection to the Service, Your violation of the TOS, or Your violation of any rights of another. 10. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including Your Granada Learning I.D.), use of the Service, or access to the Service. 11. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Granada Learning may establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that email messages, the maximum disk space that will be allotted on Granada Learning’s servers on Your behalf and the maximum number of times (and the maximum duration for which) You may access the Service in a given period of time. You agree that Granada Learning has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Granada Learning reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Granada Learning reserves the right to modify these general practices and limits from time time. 12. MODIFICATION TO SERVICE Granada Learning reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Granada Learning shall not be liable to You or to any third party for modification, suspension or discontinuance of the Service. 13. TERMINATION AND RENEWAL You agree that Granada Learning may, under certain circumstances and without prior notice, immediately terminate Your schoolcentre.net account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) You have engaged in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by You in connection with the Services. Termination of Your Granada Learning account includes (a) removal of access to all offerings within the Service, (b) deletion of Your password and all related information, files and content associated with or inside Your account (or any part thereof), and (c) barring further use of the Service. We will endeavour to inform You of the subscription fee payable for subsequent years at least 30 days in advance of the anniversary of Your current subscription. Your subscription will renew automatically unless You give us notice within 30 days before the commencement of the subsequent period. In the event that renewal subscription fee is not received prior to the anniversary date of Your current subscription Your service will be temporarily withheld. 14. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Granada Learning has no control over such sites and resources, You acknowledge and agree that Granada Learning is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Granada Learning shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 15. GRANADA LEARNING'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Granada Learning or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Granada Learning grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Granada Learning for use in accessing the Service. 16. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
17. LIMITATION OF LIABILITY NOTHING IN THE TOS SHALL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY HOWSOEVER CAUSED OR FOR FRAUDULENT MISREPRESENTATION. GRANADA LEARNING LIMITED SHALL HAVE NO LIABILITY TO THE CLIENT FOR ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION ARISING FROM ANY CONTENT WHICH IS INCOMPLETE, INCORRECT, INACCURATE, ILLEGIBLE, OUT OF SEQUENCE OR IN THE WRONG FORMAT. GRANADA LEARNING LIMITED SHALL NOT BE LIABLE TO YOU BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY OTHER DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE TOS, FOR (a) LOSS OF PROFIT, (b) LOSS OF REVENUE, (c) LOSS OF SAVINGS OR ANTICIPATED SAVINGS, (d) LOSS OF DATA, (e) LOSS OF USE OF SOFTWARE OR DATA (f) LOSS OR WASTE OF MANAGEMENT OR STAFF TIME, (g) ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS (WHEHTER CAUSED BY THE NEGLIGENCE OF GRANADA LEARNING LIMITED, ITS SERVANTS, AGENTS OR OTHERWISE) WHICH ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE SERVICES OR THEIR USE BY YOU. THE ENTIRE LIABILITY OF GRANADA LEARNING LIMITED UNDER THE TOS SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY GRANADA LEARNING LIMITED IN THE 12 MONTHS PREVIOUS TO ANY CLAIM. 18. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement pursuant to The Contracts (Rights of Third Parties) Act 1999. 19. NOTICE Granada Learning may provide You with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service. 20. TRADEMARK INFORMATION The Granada Learning logo, schoolcentre.net logo, trademarks and service marks and other Granada Learning logos and product and service names are trademarks of Granada Learning Limited. (the "Granada Learning Marks"). Without Granada Learning's prior permission, You agree not to display or use in any manner, the Granada Learning Marks. 21. GENERAL INFORMATION Entire Agreement. The TOS constitutes the entire agreement between You and Granada Learning and governs Your use of the Service, superseding any prior agreements between You and Granada Learning with respect to the Service. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Granada Learning services, affiliate services, third-party content, or third-party software. Waiver and Severability of Terms. The failure of Granada Learning to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect. 21. VIOLATIONS Please report any violations of the TOS to our support desk. |
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