PLEASE READ CAREFULLY BEFORE ACCESSING THE PLATFORM, DOWNLOADING THE APP AND/OR ANY CONTENT
By accessing the Platform, downloading an App and/or any Content you agree to the terms below.
IF YOU ARE UNDER 18, YOU MUST GET YOUR PARENT OR GUARDIAN TO CONSENT TO YOU ACCESSING THE PLATFORM, DOWNLOADING AND/OR USING AN APP AND/OR ANY CONTENT. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO ACCESS THE PLATFORM, DOWNLOAD AN APP AND/OR ANY CONTENT, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF YOUR CHILD’S ACTIONS.
This end-user licence agreement (“EULA“) is a legal agreement between you (“you“) and Telegraph Media Group Limited, 111 Buckingham Palace Road, London, SW1W 0DT (“us” or “we“) relating to our learning platform and Gojimo web site and other access methods or media selected by us from time to time (“Platform“) (including the associated mobile application software (“App“)) and any content made available via the Platform (“Content“).
We license use of the Platform and the Content on the basis of this EULA and subject to any rules or policies applied by any applicable app store provider or operator (“Store Rules“) from whose site (Store“), you download an App and/or any Content. We do not sell the Apps or Content to you. We (and/or our licensors) remain the owners of all intellectual property rights relating to the Platform, the Apps and Content at all times.
- As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading an App or accessing any Content for which you have paid. To exercise this right you must notify us in writing or via e-mail within 30 days of your purchase.
- However, you will lose the right to cancel the transaction once you begin to download the App or access any Content for which you have paid.
- This does not affect your statutory consumer rights for an App or Content that is defective in the sense of not working properly in accordance with its description.
- Schools, other educational institutions or groups which purchase rights to use the Platform and the Apps and access Content via the Platform and the Apps for their students are responsible for their students’ access to and use of the Platform, the Apps and Content. Where parents or other individuals purchase rights to use the Platform, the Apps and access Content via the Platform and the Apps for children, they will be responsible for those children’s access to and use of the Platform, the Apps and Content. Where rights to use the Platform and Apps and access Content via the Platform and the Apps are purchased by schools, other educational institutions or groups, parents or other individuals for access and use by students and/or children, such purchasers shall be referred to as “Authorised Supervisory Users“.
- In some territories there are age restrictions on the use of online and other electronic services. By using the Platform, the Apps and Content you warrant that you are compliant with such restrictions. We may terminate access rights where we find evidence that such age restrictions are being breached.
- You must have the consent of the person whose device is used to access the Platform, download a copy of the App and access the Content (“Device”) and/or method of payment you are using to access the Platform, the Apps and the Content.
- All information that you provide to us in connection with use of the Platform, the Apps and the Content must be correct and not misleading
1.1 The terms of this EULA apply to the provision of the Platform, the Apps and the Content (and any updates or supplements to the Platform, the Apps and the Content). If any open-source software is included in the Platform, the Apps or any Content, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by notifying you of a change when you next start the App or access the Platform or Content. The new terms may be displayed or referred to on-screen and you may be required to read and accept them to continue your use of the Platform, the App and/or the Content.
1.3 From time to time updates to an App may be issued through the Store. Depending on the update, you may not be able to use the Platform or the Content until you have downloaded the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from any third party owner of any Devices or subscriber to any telecommunications networks or services. You and they may be charged by your and their service providers for access to the Platform, the Apps and the Content via the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Platform, the Apps or any Content on or in relation to any Device, whether or not it is owned by you.
1.6 By using the Platform, the Apps or any Content, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Platform, the Apps or any Content may potentially be read or intercepted by others. We reserve the right to monitor any communications made the using the Platform or the Apps and to remove or refuse to post any communication that we consider to be undesirable. However, we do not necessarily monitor communications. Where Authorised Supervisory Users use the Platform to set assignments, receive back completed work, provide revision materials, monitor progress or carry out other similar activities, those Authorised Supervisory Users will be able to review your use of the Platform and your progress.
1.7 The Platform, the Apps or any Content may contain links to other independent third-party websites (“Third-party Sites“). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.8 You may not remove any proprietary notices on the Content. We reserve the right to modify or discontinue the offering of any Content at any time. We also reserve the right to discontinue the provision of any service or the updating of any Content at any time and without notice.
- GRANT AND SCOPE OF LICENCE
2.2 Authorised Supervisory Users who have paid any applicable charges may use the Platform to:
- create and manage classes;
- manage student assignments;
- send messages to students and/or classes;
- monitor student use of the Platform and their progress in completing assignments;
- initiate and edit class discussions in accordance with this EULA; and/or
- such other functions as we may make available.
2.3 You may download the Apps and Content (provided applicable charges have been paid) onto Devices with which they are compatible and to view, use and display the Platform, the Apps and or any Content on the Devices and to use the Content for your personal study purposes only.
- LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the Platform, the Apps or any Content except where such copying is to other Devices with which the Platform, the Apps or Content is compatible and where it is in connection with your own personal use;
- not to allow third parties (except where access rights have been purchased on behalf of those third parties in accordance with clause 10.2) to access the Platform, the Apps or any Content;
- not to make alterations to, or modifications of, the whole or any part of the Platform, the Apps or any Content, or permit the Platform, the Apps or any Content or any part of them to be combined with, or become incorporated in, any other programs or content;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or the Apps or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform and/or the Apps with another software program, and provided that the information obtained by you during such activities is used only for the purpose of achieving interoperability of the Platform and/or the Apps with another software program and is not used to create any software that is substantially similar to the Platform and/or the Apps;
- to include our (or our licensor’s) copyright notice on all copies of the Platform, the Apps and of the Content;
- to include our (or our licensor’s) copyright notice on all copies of the Platform, the Apps and of the Content;to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform, the Apps or any Content (“Technology“).
- ACCEPTABLE USE RESTRICTIONS
You must not:
- use the Platform, the Apps or any Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously;
- infringe our intellectual property rights or those of any third party in relation to your use of the Platform, the Apps or any Content by using the Platform, the Apps or any Content beyond the scope or as expressly permitted by this EULA. In particular you must not use the Platform, the Apps or the Content for commercial purposes;
- do any of the following in relation to your use of the Platform, the Apps, the Content or via any related services: transmit any material that is defamatory, offensive or otherwise objectionable, be obscene, hateful or inflammatory, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent, harass, upset, embarrass, alarm or annoy any other person, infringe any copyright, database right or trade mark of any other person; contain any advertising or promote any services or web links to other sites;
- use the Platform, the Apps or any Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from any Content or our systems or attempt to decipher any transmissions to or from the servers running the Platform and the Apps.
- INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the Platform, the Apps, Content and the Technology anywhere in the world belong to us or our licensors, that rights in the Platform, the Apps and Content are licensed (not sold) to you, and that you have no rights in, or to, the Platform, the Apps, Content or the Technology other than the right to use each of them in accordance with the terms of this EULA and where any applicable charges have been paid.
- NO WARRANTY
6.1 The Content is provided for personal use only (or where Authorised Supervisory Users purchase rights to use the Content for students and/or children, it is provided for the students and/or children’s use only). You are responsible for assessing that the Platform, the Apps and the Content are suitable for your individual purposes and circumstances (or where Authorised Supervisory Users purchase rights to use the Apps and Content for students and/or children, they will be responsible for assessing that the Platform, the Apps and the Content are suitable for the students and/or children’s individual purposes and circumstances).
6.2 The provision of the Platform, the Apps and the Content does not constitute advice and should not be relied upon in making (or refraining from making) any decision. We use reasonable care to make sure that the information in the Content is accurate and up to date. However, in relation to all Content, and in particular any medical related Content in view of the possibility of human error and/or changes in medical sciences, neither we nor our licensors warrant that the information contained in the Content is in every respect accurate, complete or up to date and we are not responsible for any errors or omissions or the results obtained from the use of such information. You are encouraged to verify the accuracy of the information contained in the Content with other sources and where the Content provides for which geographical territory it is intended, you should verify that the information contained in the Content is suitable for or applicable to the geographical territory in which you are situated or for which you wish to use such information. Subject to clause 7.2, neither we nor our licensors shall be liable to you or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting from use of or inability to use or access the Platform, the Apps and/or the Content.
6.3 We do not warrant that you will always be able to use or access the Platform, the Apps and the Content.
6.4 We do not warrant that the provision of the Platform, the Apps and the Content complies with the laws of any country apart from England.
6.5 The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by law.
- LIMITATION OF LIABILITY
7.1 You acknowledge that using the Platform, the Apps and/or the Content, whether you have (or anybody on your behalf has) made any payment or not, is at your own risk. Subject to clause 7.2, you understand that we shall have no liability to you for your use of the Platform, the Apps and/or any Content. We also accept no liability arising from any communications made by those using the Platform and the Apps. We will not be responsible as author, editor or publisher of any user generated material submitted to the Platform. We expressly exclude all liability for any loss or damage arising from user generated material which is in contravention of this EULA and you agree to indemnify us from any liability that we may incur as a result. We reserve the right to remove or disable access to any user generated material submitted to the Platform without liability which we deem to be potentially in contravention of this EULA.
7.2 Nothing in this EULA shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English or applicable local law.
7.3 We will not be liable if we are unable to perform our obligations under these terms and conditions due to any circumstances beyond our reasonable control.
7.4 Subject to clause 7.2 and the remaining provisions of this EULA, if we are found liable to you our liability shall not in any event exceed the total fee paid by you or on your behalf to us for the Platform, the App or the Content in question the subject of the liability.
7.5 You agree that given the nature of the Platform, the Apps and the Content, the exclusions and limitations of liability are reasonable.
8.1 We may terminate this EULA and/or suspend access to the Platform, the Apps and/or Content immediately if you commit a material or persistent breach of this EULA or if we suspect that may be the case. We may also suspend access to the Platform, the Apps and or to Content if we consider it necessary to protect the integrity or security of the systems used by us at any time.
8.2 On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of the Platform, the Apps and any Content;
- you must immediately delete the Apps and any Content from all Devices.
- COMMUNICATION BETWEEN US
9.1 If you wish to contact us, or if any condition in this EULA requires you to give us notice, you can send this to us by e-mail at firstname.lastname@example.org or by prepaid post to EducationApps Limited, 101 Barkston Gardens, London SW5 0EU.
9.2 If we have to contact you or give you notice we will do so using the contact details you have provided to us for that purpose.
- OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under this EULA to a third party but this will not affect your rights.
10.2 You may transfer your rights under this EULA to an individual student or students provided that:
- in so doing the scope of the user rights that have been purchased are not exceeded; and
- you remain liable for the use by such individuals to whom you transfer rights.
Authorised Supervisory Users may purchase user rights on behalf of an identified number of individual students or on behalf of others provided that in each case only that number of individuals for whom rights have been purchased are allowed to access the Platform, the Apps and/or any Content and then only to the extent rights have been paid for. Rights are not otherwise transferable.
10.3 If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations in the future. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in this EULA.
10.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any matter related to this EULA.