This agreement applies as between the Learning Establishment (‘you’), user of this Web Application and Pupil Asset, the owner(s) of this Web Application. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Application. If you do not agree to be bound by these terms and conditions, you should cease using the Web Application immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Web Application;|
|means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Application;|
|means any Content that is accessible without the payment of a Subscription Fee;|
|being a provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;|
|means Pupil Asset Limited (Company No. 07310870) whose registered office is at 6, St Gregory’s Alley, Norwich Norfolk, United Kingdom, NR2 1ER|
|means Content accessible only upon the creation of an Account and the payment of a Subscription Fee and refers to all Content that does not amount to Free Content;|
|means collectively any online facilities, tools, services or information that Pupil Asset Limited makes available through the Web Application either now or in the future;|
|Pupil Asset is a web-based system for tracking pupil progress from Nursery through to GCSE. It tracks National Curriculum Levels and Grades, APP @ KS1, KS2 & KS3 EYFS and Targets.|
|Means the agreed annual Subscription Fee payable in accordance with these Terms and Conditions;|
|means the period for which a subscription has been purchased and refers to an annual subscription;|
|means any online communications infrastructure that Pupil Asset makes available through the Web Application either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
“User” / “Users”
|means any third party authorised and employed by the Learning Establishment that accesses the Web Application and is acting in the course of their employment and whose details have been notified to Pupil Asset; and|
|means person elected by the Learning Establishment to be the prime recipient of support from Pupil Asset.|
- Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Application, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Pupil Asset, or our affiliates. By continuing to use the Web Application you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- Material from the Web Application may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.
Use of Free Content
You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Web Application for personal, commercial or educational purposes only unless otherwise indicated on the Web Application or unless given express written permission to do so by Pupil Asset. Specifically you agree that:
- you will not systematically copy Free Content from the Web Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Pupil Asset;
- employees of Learning Establishments may use the Free Content of the Web Application for teaching purposes.
Use of Paid Content
- Payment of a Subscription Fee grants you a licence for the Subscription Period to use all Paid Content on the Web Application. You may use such Content to record pupil assessment, track and target pupil progress.
Under such a licence, you agree that:
- you will not systematically copy Paid Content from the Web Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Pupil Asset;
- employees of Learning Establishments may use the Paid Content of the Web Application to record progress, perform statistical review and presentation to other users and appropriate external authorities.
- An obligation exists on the Learning Establishment to ensure that Paid Content is accessed only by Users.
Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Web Application. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
Links to other Web Sites
This Web Application may contain links to other sites. Unless expressly stated, these sites are not under the control of Pupil Asset or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Application does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Application
Those wishing to place a link to this Web Application on other sites may do so only to the home page of the site https://www.pupilasset.com/sales/index.html without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Pupil Asset. To find out more please contact us by email at firstname.lastname@example.org or by post (see address in Clause 1).
Use of Web Application
When using the Web Application and / or any other System on the Web Application you should do so in accordance with the following rules:
- you must not use obscene or vulgar language;
- you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- no Content that is intended to promote or incite violence;
- it is advised that posts on message boards, chat facilities or similar and communications with Pupil Asset are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
- you must not post links to other web sites containing any of the above types of Content;
- you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
- you must not impersonate other people, particularly employees and representatives of Pupil Asset or our affiliates; and
- you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;
- You acknowledge that Pupil Asset reserves the right to monitor any and all communications made to us or using our System.
- Support is available to the Nominated User.
- E-mails can be submitted to Pupil Asset at any time. E-mails shall be dealt with during normal UK working hours i.e. Monday to Friday 9.00am to 5.00pm not including UK public holidays.
- Telephone support calls can be made on 0044 1223 969 567 and shall be processed within the working hours as defined in sub-Clause 9.1.1.
- Pupil Asset reserves the right to refer queries from any Learning Establishment to the Nominated User.
- Training services will be available on request at a separate cost. Learning Establishments are to contact Pupil Asset for further information.
In order to access Paid Content on this Web Application and to use the facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Web Application you represent and warrant that:
- all information you submit is accurate and truthful; and
- you will keep this information accurate and up-to-date.
- Sharing of accounts outside the Learning Establishment is not permitted. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- The Learning Establishment shall be responsible for the monitoring and use of the password enabling its access to the Web Application.
- When choosing your Username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or termination of your Account.
- Subscription charges commence on the date that Pupil Asset activates your Account. Your Learning Establishment shall be invoiced on activation and in accordance with the terms below thereafter.
- If you terminate your subscription or Account you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
- Pupil Asset reserves the right to review and change the Subscription Fee and undertakes to give reasonable notice of any such changes to the Learning Establishment.
- Payment is due 30 days from the date of invoice.
- Your first payment will be at the agreed price, the same being stated on your invoice. advertised on the Web Application.
- Either Pupil Asset or you may terminate your Account and (where relevant) your subscription. Termination must be effected in writing. If Pupil Asset terminates your Account or subscription, you will also be notified by email and an explanation for the termination will be provided.
- Pupil Asset reserves the right to effect immediate termination of your Account or subscription.
- You undertake to give Pupil Asset a notice of one week prior to the termination of your Account or subscription.
- If Pupil Asset terminates your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
- If Pupil Asset terminates your Account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
- If Pupil Asset terminates your Account or subscription, you will cease to have access to Paid Content from the date of termination.
- If you terminate your Account or subscription, you will continue to have access to Paid Content for the remainder of your Subscription Period as per Clause 11.2.
- Request for data post termination must be made in writing with two weeks notice given to Pupil Asset. Subject to data protection protocols all data shall be communicated by way of Common Transfer Format (CTF) and sent encrypted / made available for download.
PrivacyPupil Asset will not duplicate, distribute or enable access to pupils data unless requested by the Learning Establishment to do so for valid purposes of the Learning Establishment. This type of request is to be made in writing and with reasonable notice given to Pupil Asset. All dealings with pupil data and information will be subject to the Data Protection Act 1998.
- With the opportunity given to the Learning Establishment to test the Web Application through the available trial version, Pupil Asset makes no warranty or representation that the Web Application will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
- Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Application will be accurate and up to date, Pupil Asset makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
- No part of this Web Application is intended to constitute advice and Pupil Asset accepts no liability for any decisions or undertakings based on the Content of this Web Application.
- Educational use of the information on this Web Application is permitted, however Pupil Asset makes no representation or warranty that this Content is suitable for use in educational situations or that it constitutes accurate data and / or advice on which educational decisions can be based. Whilst every effort has been made to ensure that all descriptions of services available from Pupil Asset correspond to the actual services available, Pupil Asset is not responsible for any variations from these descriptions.
- Availability of the Web Application The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- Pupil Asset accepts no liability for any disruption or non-availability of the Web Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
- Pupil Asset liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User’s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Application or any information contained therein, to the maximum extent permitted by law, Pupil Asset accepts no liability. Users should be aware that they use the Web Application and its Content at their own risk.
- Nothing in these Terms and Conditions excludes or restricts Pupil Asset’s liability for death or personal injury resulting from any negligence or fraud on the part of Pupil Asset.
- Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to Pupil Asset (see address in Clause 1) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Pupil Asset shall be governed by and construed in accordance with the Law of England and Wales and Pupil Asset and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Detailed pupil profiles, with graphical displays of progress, targets and extra curricular achievements. Instant point-score and value-added calculations.
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Why use Pupil*Asset?
Put simply, we believe that Pupil*Asset is the simpliest yet most powerful assessment tracking tool availble in the UK, trusted by thousands of teachers every day