Parents App End User License Terms
1. Who we are
This application (the “Parent App” or “App”) is brought to you by ScholarPack. ScholarPack is a trading name for Histon House Ltd, registered in England and Wales with company number 07319617 and with registered address 3rd Floor 70 White Lion Street, London, England, N1 9PP (“ScholarPack” “us”, “we” or “our”).
2. Set-up and Acceptance of our Terms
- By installing or otherwise accessing or using the App, you, the end-user (“you”) agree to these terms (“User Terms”). If you do not agree to these User Terms, you must immediately uninstall the App and discontinue its use. Leaving the App idle on your device and discontinuing to use the App is insufficient. It must be removed from your device completely. If you download onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
- Only users whose details have been registered with us by a school or multi-academy trust or federation of associated schools (“MAT”) will be permitted to use the App. References in these User Terms to a “school” shall include any MAT which they form part of. You will need a unique “linkup” code from your school in order to complete your set up and log in to the App. If you have not received this code, please contact your school directly to request this as we cannot provide this to you. Unless otherwise specifically agreed with the school and us jointly, all end users must be over 18 and must be either a parent or legal guardian of a pupil at a school that has registered to use our service (“User”).
- The User Terms are in addition to any other terms that we may post within the App from time to time which apply to specific features. They are also in addition to any terms imposed by the platform or source of the App (for example a relevant appstore) (“Platform Terms”). If there is any conflict between these User Terms and the Platform Terms then these User Terms will prevail.
- Your school may impose additional terms onto you regarding use of the App. Please abide by these terms.
- In rare circumstances, ScholarPack may need to verify your credentials before permitting access to the App or areas or functions within the App.
3. Personal Data
- If you upload any content about third parties other than your child, you must ensure you have the correct permissions to do so from them and that this does not infringe any applicable laws. You should pay particular attention to this when posting in parts of the App that allow for multiple users to comment. Parents do not need consent from their children under 16 to use the App.
- The platforms you used to download the App may collect data or solicit personal information from you. We do not control those sites and we are not responsible for their content or for their collection, use or disclosure of personal information.
4. Updates to Terms
- We may from time to time vary these User Terms and where we do, we will use our reasonable endeavours to provide notice to you of any material changes. Please check with us or your school periodically or utilise the drop-down menus within the App to ensure you are aware of any variations made to these User Terms. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App and take the removal steps outlined above.
5. Technical Specifications
- You are advised to download and use the App on a suitable device which adheres to the optimal specification requirements below (“Device”). This will assist with your overall enjoyment and user experience of the App.
- We recommend that you use a Device with a mobile operating system built on Android Jelly Bean, v16, 4.1.x or newer, and iOS 8 or newer. Please note that your Devices may not work with the Parent App as intended if they are not an iPhone 4S or newer or an ARM Android device.
6. Usage Rules
- Subject to your adherence to these User Terms ScholarPack hereby grants you a non-exclusive, non-transferable, revocable licence to download a single copy of the App and to view and use the App and the documentation provided by ScholarPack to you on our website or otherwise (“Documentation”) for your personal, non-commercial use only.
- Although we are not required to monitor access to or use of the App or to review or edit any content, we have the right to do so for the purpose of operating the App, to ensure compliance with these terms, and to comply with applicable law.
- You must install any patches or updates we issue to you from time to time. We are constantly looking to improve and update our service to you and we may vary the features contained within the App without notice to you.
- ScholarPack reserves the right to introduce an acceptable-use policy at any time which would apply to these User Terms as an integral and binding part of them. The following clauses provide the core elements of the acceptable-use requirements applicable to you when using the App.
- You must ensure your use of the App at all times complies with applicable laws and regulations and you must ensure that any content you post is appropriate, accurate and inoffensive.
- You must keep your log in credentials safe at all times and protect your Device as much as possible from unauthorised use, theft, using a lock or passcode for your Device which is always activated/enabled.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You may not knowingly use the App to transmit any data, or send or upload any material, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
- not to copy or reproduce the App except where it is necessary for the use of the App or for the purpose of back-up or operational security;
- not to re-sell, re distribute, rent, sub-licence, loan or otherwise make available the App to third parties;
- not to access without authority, interfere with, damage or disrupt any part of the App, or any equipment or network on which the App is stored, any software used in the provision of the App or any equipment or network or software owned or used by any third party;
- not to translate, merge, adapt, vary, alter or modify, the whole or any part of the App, or the Documentation, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
- not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (a “Permitted Objective”) and provided that the information obtained by You during such activities (a) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; (b) is not used to create any software that is substantially similar in its expression to the App; (c) is kept secure; and (d) is used only for the Permitted Objective.
- We reserve the right to remove or disable access to any part of the App or its content, at any time and without notice.
- In the event you breach these User Terms we reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, your access to the App without prior notice. We will not be responsible for any damage or loss in connection with any such modification, suspension or termination. In this event, you will not be entitled to a notice period.
- From the point at which we terminate this licence, your rights to use the App will end immediately at which point you will be required to immediately uninstall the App from your device and delete any copies in your possession (including in any back up form such as on hard drives, servers/networks and other storage media).
- This App is provided to Users free of charge pursuant to our agreement with your school. From time to time we may offer premium features which if enabled, may incur additional charges if you choose to subscribe to them. All such charges will be transparent to you before you agree to sign up to them.
- Your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App and you acknowledge that you may be charged by the Mobile Provider for data and text messaging services while using certain features of the App or any such third-party charges as may arise and you accept responsibility for such charges.
- If you are not the bill payer for the Device being used to access the App (for example where your employer pays for your work phone), you will be assumed to have received permission from the bill payer and the owner of the phone if different for using the App.
- If you download or stream the App onto any phone or device not owned by you, you must have the owner’s permission to do so.
9. Internet Usage and Risks
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Such risk has nothing to do with the security and related credentials attaching to ScholarPack or the App and remains a risk regardless of whether you use wireless internet connections, 3G, 4G or 5G service provider.
- Please ensure you download all software updates advised by the manufacturer of your Device or the providers of apps and software on your Device and that you use appropriate virus checkers.
10. Intellectual Property
- We are the owners or the licensees of all intellectual property rights in the App, in the material published on the App and the Documentation. Those works are protected by intellectual property laws including copyright treaties around the world. All such rights are reserved and you have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with this agreement.
- The ScholarPack name, logo, trade dress, and other trademarks, service marks, software, application programming interfaces, graphics and logos used in connection with the App are protected by intellectual property rights belonging to or licensed to us. You must not (and you agree to ensure that other persons who you allow to access your Device do not) copy, pass-off, imitate or use, in whole or in part, any of the intellectual property belonging to us or our licensors without our express permission.
- You must ensure that all content you post onto the App (“User Content”) does not infringe any third-party intellectual property rights and that our use of the same in accordance with this agreement will not do so. You hereby grant ScholarPack and your school and any of its agents or representatives a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable licence (and hereby waive any moral rights in connection with the same) to use such content for the purpose of providing you and other Users with the App including through future media and to improve our services including a right for ScholarPack and your school:
- host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, sub-license and create derivative works from such User Content as necessary;
- use and disclose metrics and analytics regarding the User Content in an aggregate or other anonymised form (including, for use in improving our service or in marketing and business development purposes);
- use any User Content that has been anonymised for any product development, research or other lawful purpose subject to applicable laws and regulations;
- (in the case of a school and its representatives which may include teachers, governors, and local authorities) to use the content in any educational records that it is required to maintain; and,
- The licences contained in this clause 10 shall survive termination of this agreement.
You agree to indemnify, hold harmless and defend ScholarPack, its group companies and the school from and against all damages, losses, demands, liabilities, judgments, settlements, costs and expenses of any kind (including reasonable legal fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the App, (ii) your breach or alleged breach of this Agreement, (iii) your failure to comply with applicable laws, or (iv) your breach or alleged breach of any agreement between you and any other Users. ScholarPack reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of ScholarPack.
12. No Warranties / No Promises
- ScholarPack provides the App on an ‘as is’ and ‘as available’ basis without any promises, warranties or representations, express or implied. We do not guarantee that the App will always be available or at any given time.
- In particular, ScholarPack does not warrant or make any representation (express or implied) regarding the validity, accuracy, reliability or availability of the App or its content. You acknowledge and agree that ScholarPack is not the data controller in respect of the personal data you submit onto, upload, or otherwise add or correct in the App nor is it the data controller with respect to the personal data contained at all times on the MIS in respect of which the relevant school is the primary or joint data controller (along with you).
- To the fullest extent permitted by applicable law, ScholarPack hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
13. Reliance on Information
- The App is intended to provide a safe secure environment for recording, updating and receiving useful information in relation to your child.
- You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App.
- THE APP IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL ADVICE FROM YOUR SCHOOL OR AN EDUCATIONALIST’S ADVICE IN CONNECTION WITH YOUR CHILD’s EDUCATIONAL NEEDS, PERFORMANCE, PROGRESS OR RECORDS.
14. Exclusion of ScholarPack’s Liability
- Nothing in these User Terms shall exclude or in any way limit ScholarPack’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
- To the fullest extent permitted under applicable law and even if it has been advised of the possibility of such damages, in no event shall ScholarPack be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
- ScholarPack shall not be liable, including without limitation for damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, wi-fi or connectivity outage, computer virus, worm, Trojan horse, denial of service attack, webcrawler or webbot or other harm.
- In the event that applicable law does not allow the exclusion of certain warranties or promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall ScholarPack’s liability arising under or in connection with these User Terms and your use of the App exceed £1000.
- This agreement between you and ScholarPack does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement to any other party except for your school or owners or licensees of content included in the App and the platform on which you downloaded the App each of which may enforce those terms that refer to them.
- If any provision (or part of a provision) of these User Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter unless expressly agreed in writing to the contrary. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement. Nothing in this clause shall limit or exclude any liability for fraud.
- All notices required or permitted under this Agreement shall be in English and in writing. Any notice given to a Party under or in connection with this Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case). Any notice shall be deemed to have been received:
- if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the registered office (if a company) or its principal place of business;
- if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting.
- Service of any proceedings or other documents in any legal action will not be valid if served by email.
- If any provision of this Agreement is to be held unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
- Assignment and Sub-Licence: You shall not assign, transfer, charge or sub- contract or otherwise deal with any of your rights or obligations under these User Terms without ScholarPack’s prior written consent. ScholarPack may assign any of its rights and obligations under this Agreement, without receiving your consent: (a) if such assignment is made to any of its group companies or affiliates (b) in connection with any merger, consolidation or sale of its assets. You acknowledge that certain of the services and products described in these User Terms may be provided by any group company or affiliate of ours, and any of their successors, assigns and transferees.
- If we fail to or delay in exercising our rights against you, this does not mean we have waived these rights.
- These User Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these User Terms.
If you have any questions regarding our App, please visit our support page https://scholarpack.com/parents-app-support/