Terms and Conditions
1. Background1.1 These terms and conditions (the "Terms") shall apply to the use of the Service by the Supplier (as such terms are defined in paragraph 2 below).
1.2 Schoolzone may, at its sole discretion, modify or revise these Terms and Conditions from time to time by updating the text of this page. The date on which these Terms and Conditions were last updated is set out at the end of these Terms and Conditions.
2. DefinitionsIn the context of these Terms and Conditions, the following words and expressions shall have the following meanings:
"Community Network Services" means any e-mail services, data input, hosting, listing and search services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, RSS feeds and/or other message or communication facilities provided from time to time and at their sole discretion by Schoolzone as part of the Service, and currently (for indication purposes) only as set out below in section 5.
"Data" means data relating to the Suppliers products, events, company, organisational or other associated information including contact information for individuals at the suppliers' organisation/company.
"Fee" means the sum demanded by Schoolzone on an annual basis for the provision of these services. This fee is reviewed annually with any price change taking effect on the 1st September each year. As of September 2013 the fee is zero.
"Materials" means all of the information, data (including the Data), text, graphics, links, computer code or proprietary data or materials published on, contained in or available on the Website and/or the Service;
"Supplier" means a company or organisation and the person employed by that supplier who has at any time been authorised by Schoolzone to access the Website in order to use the Service in accordance with these Terms;
"Service" means the password protected hosting and listing service which shall consist of: (i) the functionality enabling Suppliers (including the Supplier) to submit Data, (ii) the Community Network Services, and (iii) other services that may be made available online to the Supplier by Schoolzone in its discretion via the Website from time to time;
"Schoolzone" means Schoolzone.co.uk Limited, a registered company (number 03596961) whose registered address is at Kelsey House, St Anne's Road, Cheltenham, Glos, GL52 2ST;
"Website" means the website owned and/or operated by Schoolzone which is currently available at the following URL: www.schoolzone.co.uk
3. Access and Use of the Service3.1 Subject to payment of the fee as and when demanded by Schoolzone, the Supplier be provided with a single unique user ID and password which shall enable the Supplier to access and use the Service.
3.2 The Supplier shall be solely and exclusively responsible for security and confidentiality of its unique user ID and password, and it is agreed that the Supplier will not disclose or allow any other person to use its user ID and password. The Supplier shall be solely and exclusively responsible for any and all activities that occur under its unique user ID and password.
3.3 The Supplier agrees to notify Schoolzone immediately of any unauthorised use of its user ID and password or any other threatened or actual breach of security.
3.4 Schoolzone shall not be liable for any loss or damage the Supplier may suffer as a result of any misuse of or any unauthorised access granted to any third party to its user ID or password, but the Supplier shall be liable for any loss or damage suffered by Schoolzone or any other person as a result of an unauthorised person accessing or misusing the Service as a result of acquiring access by any means to the Supplier's unique user ID and password.
4. Provision of Data by the Supplier4.1 By submitting Data to Schoolzone, the Supplier acknowledges and confirms that it has full authority to do so and that it has obtained and/or provides any and all consents, licences and/or permissions required in order to enable the Data to be used in accordance with these Terms and Conditions.
4.2 The Supplier shall be solely and exclusively responsible for the accuracy and completeness of the Data it submits to Schoolzone (and the Supplier shall be responsible for updating that information to ensure it remains accurate and complete at all times). The Supplier confirms that the entry and/or sharing of the Data will not breach any contract with any third party, any applicable statutory or regulatory guidance of any competent authority or any obligation of confidence.
4.4 The Supplier agrees that the Data shall be made available to users of the Website. For the avoidance of doubt, the Data once submitted to Schoolzone and published on the Service shall form part of the Materials for the purposes of these Terms.
4.5 The Supplier acknowledges that any information submitted by it may be used by Schoolzone for any purpose Schoolzone sees fit, and the Supplier submitting such information shall not be entitled to any revenues generated through the sale and/or distribution of such reports, services and/or surveys containing that information by Schoolzone.
5. Community Network Services
5.1 Schoolzone agrees that subject to payment of the annual hosting and listing fee and the continuation of the Service by Schoolzone, the Supplier shall be entitled, subject to these Terms, to access and use the Service solely for its own internal business purposes. In particular, the Supplier shall be entitled to:
5.1.1 A single unique user ID and password login5.2 All rights not expressly granted to the Supplier are reserved by Schoolzone and its licensors. In particular, the Supplier shall not without Schoolzone's written permission:
5.1.2 Either the hosting and listing of an Peer review procured through Schoolzone in search engines and via the Schoolzone site or, the listing of data input relating to client's educational events (these listings being subject to Schoolzone's editorial control, and insofar as the information therein is relevant and suitable to an educational audience.)
5.1.3 Access to add news/PR items to be distributed via the Schoolzone Updates RSS feed, subject to Schoolzone's editorial control, and insofar as they are relevant and suitable to an educational audience.
5.1.4 Access to add new product details into the Schoolzone New Products database and thereby populate the Schoolzone New Products RSS feed, subject to Schoolzone's editorial control, and insofar as they are relevant and suitable to an educational audience.
5.1.5 Submit new products for Peer review by Schoolzone.
5.1.6 access, view and update Data submitted by the Supplier in association with the service and in particular relating to company details and logo.
5.1.7 Request code to generate a data feeds for their own website relating to PR/news items and/or new product launches.
5.2.1 license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any aspect of the Website and/or the Service;5.3 The Supplier's use of the Service (as described in paragraph 5.1 above), shall be subject to any reasonable instructions notified to the Supplier by Schoolzone from time to time including the following usage rules:
5.2.2 modify or make derivative works based upon the Website, the Service or the Materials and/or reverse engineer, replicate or otherwise reproduce any aspect of the Website and/or the Service;
5.2.3 "frame" or "mirror" or maintain or operate any "links" to the Website and/or the Service on any other server or wireless or Internet-based device.
5.3.1 the Communication Network Services (and other elements of the Service) may only be used by the Supplier to post, send and receive communications as set out above. By way of example, and not as a limitation, the Communication Network Services (and other elements of the Service), must not be used:
" in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
" to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
" to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
" to upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trade mark laws (or by rights of privacy or publicity) without all necessary consent, permissions, licences and/or authorisations required in order to lawfully do the same.
" to upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar code, software or programs that may damage the operation of another's computer or property.
" to download any file posted by another Supplier without express written consent, licence and/or permission of that Supplier.
" to falsify, amend or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
" to restrict or inhibit any other Supplier from using and enjoying the Communication Network Services (and any other element of the Service).
" to violate any code of conduct or other guidelines which may be applicable to any aspect of the Communication Network Services (and any other element of the Service).
" to harvest or otherwise collect information about others, including e-mail addresses.
" to violate any applicable laws or regulations.
" to create a false identity for the purpose of misleading others.
" to use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Suppliers or other user or usage information or any portion thereof."
5.3.2 Schoolzone reserves the right at all times to disclose any information as Schoolzone deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or Materials, in whole or in part, in Schoolzone's sole discretion.
5.3.3 The Supplier shall exercise caution when giving out any personally identifiable information about the Supplier (or any other person) in any Communication Network Services. Schoolzone does not control or endorse the content, messages or information found in any Communication Network Services and, therefore, Schoolzone specifically disclaims any liability with regard to the Communication Network Services and any actions resulting from your participation in any Communication Network Services. Any managers and hosts engaged by Schoolzone are not authorized Schoolzone spokespersons, and their views do not necessarily reflect those of Schoolzone.
5.3.4 Materials uploaded to the Communication Network Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations.
5.3.5 Schoolzone shall have no obligation to monitor the Communication Network Services. However, Schoolzone reserves the right to review Materials posted to the Communication Network Services and to remove any Materials in its sole discretion.
5.3.6 By law, if Schoolzone becomes aware that any such content infringes someone else's intellectual property rights it may be required to take down videos, music, photographs or other content you upload using the Communication Network Services. If you believe that we have mistakenly taken down content you uploaded that you own or have permission to upload, you can also let us know that. Finally, if you upload infringing content repeatedly, we will terminate your account and you could face criminal and civil penalties. So please, respect other people's copyrights.
5.3.7 Schoolzone reserves the right to terminate your access to any or all of the Communication Network Services at any time, without notice, for any reason whatsoever.
6. Intellectual Property Rights6.1 Any and all intellectual property rights in and relating to the Website, the Service and/or the Materials (excluding any of the Materials submitted by the Supplier as part of the Communication Network Services) are owned by Schoolzone or its licensors. Unauthorised use of those Materials by you including reproduction, storage, modification, distribution or republication without the prior written approval of Schoolzone and, where applicable, the respective licensor(s) is strictly prohibited.
6.2 The names and logos of Schoolzone and all related product and service names, designs, marks, logos and slogans are the trade names, service marks or trade marks of Schoolzone and may not be used without the prior written approval of Schoolzone.
6.3 All databases and/or works in the nature of databases made available on the Website and/or the Service are subject to database rights and other intellectual property rights which are owned and/or controlled by Schoolzone and those databases may not be used without the prior written approval of Schoolzone.
6.4 Requests for approval under these Terms should be sent to:
Name: Philip Collie
Telephone: 01242 262906
Address: 60 St Georges Place, Cheltenham, Glos GL50 3PN
6.5 Whilst Schoolzone does not represent that it will provide its approval to any requests under paragraph 6.4, any person granted a licence by Schoolzone may be required to follow guidelines issues by Schoolzone from time to time, and/or to pay to Schoolzone such monetary sum as Schoolzone may determine in its absolute discretion.
7. Termination7.1 These Terms shall remain in force (subject to variation and alteration as provided for herein) until and unless terminated by Schoolzone upon notice to the Supplier if Schoolzone ceases to provide the Service or in the event of any material breach by the Supplier of its obligations under these Terms.
7.2 Schoolzone may in its sole discretion and acting reasonably modify, discontinue or suspend the Supplier's access to the Service.
8. Warranty and Indemnity
8.1 The Supplier warrants to Schoolzone that it will not use the Website, the Service or the Materials for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trade marks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or, in any defamatory, obscene, threatening, abusive or hateful manner.
8.2 The Supplier hereby indemnifies Schoolzone, its employees and agents, harmless against any and all claims, liability, losses, damages, costs and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against Schoolzone, its employees and agents, as a result of the use by the Supplier of the Website, the Service and/or the Materials in any manner which is contrary to these Terms, to the fullest extent permitted by law.
9. Limitation of liability9.1 Schoolzone hereby disclaims all warranties and conditions with regard to the Website, the Service and the Materials, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose).
9.2 In no event shall Schoolzone be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if Schoolzone has been advised of the possibility of damages or whether they are otherwise foreseeable including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website and/or the Service, interruptions or delays to the Website and/or the Service, the provision of or failure to provide any Materials via or otherwise arising out of the use of the Website and/or the Service, whether based on contract, tort or otherwise to the fullest extent permitted by law.
10. Third party websites10.1 The Website may contain links to websites operated by parties other than Schoolzone. Such links are provided for the Supplier's convenience only. Schoolzone does not control or in any way moderate such websites, and is not responsible for their content. Schoolzone's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
10.2 The Supplier is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
11. Viruses, etcWhilst Schoolzone makes all reasonable attempts to exclude viruses worms, trojan horses, spyware or other contaminants that may be used to interfere with and modify, delete or damage any data files or other computer programs from the Website, but it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, the Supplier is advised to take all appropriate safeguards before accessing the Website and Services.
12. Force majeureSchoolzone shall not be held to be in breach of its obligations hereunder nor liable to the Supplier for any loss or damage which may be suffered by any third party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightning, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
13. General13.1 If any provisions of these Terms are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
13.2 Any failure of Schoolzone to exercise or enforce any of its rights under these Terms shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
13.3 If Schoolzone waives any rights available to it under these Terms (or otherwise) on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
14. Governing Law and JurisdictionThese Terms and the use by the Client of the Website and/or the Services shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these Terms.
Last updated: 26th January 2014
© 2014 Schoolzone.co.uk Ltd.