TERMS AND CONDITIONS

1 Introduction

1.1 These terms and conditions shall govern your use of this website.

1.2 By using this website, you accept these terms and conditions in full.

1.3 If you register with this website, submit any material to this website or use any of this website services, we will ask you to expressly agree to these terms and conditions.

1.4 This website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2 Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on this website; and

(b) all the copyright and other intellectual property rights in this website and the material on this website are reserved.

3 Licence to use website

3.1 You may:

(a) view pages from this website in a web browser;

(b) download selected pages from this website for caching in a web browser;

(d) stream audio and video files from this website.

3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not save any material to your computer.

3.3 You may only use this website for use within the school with which the subscription is held, for the period of the subscription.

3.4 You must not:

(a) republish or redistribute material from this website (including republication on another website);

(b) sub-license material from this website.

4 Acceptable use

4.1 You must not:

(a) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(b) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website.

(d) violate the directives set out in the robots.txt file for our website.

5 Registration, accounts and user login details

5.1You must not allow any other person to use your account to access the website.

5.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.3 You must not use any other person’s account to access the website.

5.4 You must keep your password confidential.

5.5 It is the responsibility of the school account holder to delete any users who no longer work at your school in line with GDPR.

5.6 The email address used to register the account must be a school email address.

5.7 Any users who are registered with your account must be registered with a school email address.

6 Your content: licence

6.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, video material, scripts, and files) that you submit to our website for storage.

6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to store your content.

6.3 You may edit your content to the extent permitted using the editing functionality made available on our website.

7 Your content: rules

7.1 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.2 Your content, in accordance with these terms and conditions, must not:

(a) be maliciously false;

(b) be obscene or indecent;

7.3 In line with GDPR, schools or nurseries must have written consent from parents to be able to upload their pupil’s data for storage.

8 Limited warranties

8.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

8.2 We reserve the right to discontinue or alter any or all of our website services.

9 Limitations and exclusions of liability

9.1

(a) the licensed content is meant to serve as suggestions only and is not a substitute for professional advice or specific, authoritative knowledge or direction.

(b) you are responsible for ensuring that the content accessed or purchased from this website is implemented in an appropriate manner and within a suitable environment which is safe for all the participants involved and is in line with school and local authority risk assessments.

9.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

9.3 We will not be liable to you in respect of any event including, but not limited to, business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.4 We will not be liable to you in respect of any loss or corruption of any data, database or software. We do not guarantee that the licensed material will work for your purposes, or that they are free from viruses, bugs, or other defects. By using this website, you agree that you use the content at your own risk.

9.5 By using this website you agree that this limitation will apply for all services, contents, goods or services available through this website.

9.6 Any links to external websites are provided for convenience only and we assume no responsibility or reliability what so ever of the content those website are linked to, or any products of services advertised or sold on those websites.

9.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10 Breaches of these terms and conditions

10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

10.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation) creating and/or using a different account.

11 Variation

11.1 We may revise these terms and conditions from time to time. Please check terms and conditions regularly to ensure you are familiar with the current version.

11.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

12 Statutory and regulatory disclosures

12.1 We adhere to the General Data Protection Regulations (GDPR). By continuing to use this website you consent that we may store and process the personal data that we collect from the account holder and users. In particular, we may use information we hold about you for the purposes of marketing and keeping you informed of our activities. By continuing to use this website you consent that we may store the data that you upload.

12.2 We take your privacy seriously and are committed to protecting your personal information. We take appropriate measures to ensure that the information disclosed to us is kept secure and is stored for 6 months post subscription end date.

12.3 By providing us with your personal information you consent to the collection and use of any information you provide in accordance with the above. If your personal details change, please help us to keep your information up to date by notifying us via the contact form on the website.

13 Our details

13.1 This website is owned and operated by The Better You Academy Ltd.

13.2 The Better You Academy Ltd is a registered company, registered in England under registration number 14431870 , and our registered office is: 384 Linthorpe Road, Middlesbrough, United Kingdom, TS5 6HA