These terms and conditions regulate the legal relationship between you and us. By using our website in any way, you agree to be bound by them.
|We are:||Daisy-i Limited (hereinafter referred as "we" / "us" / "our"), a company incorporated in England and Wales under registration number 6598196 with its registered office at: 20-22 Wenlock Road, London, N1 7GU.|
|You are:||The Chief Administrator/Owner or Principal Officer or a Teacher of a Subscribing Institution, a Student or a Visitor to the site.|
1. We run http://www.computinghomework.com as a service for the benefit of the Students and Teachers in a Subscribing Institution. Specifically, we aim to support Computing teachers in schools and other similar institutions by providing them with computing related homework activities that they can set for their students. These activities can be completed online by students. Students' work is marked automatically and the results are presented immediately to the students. Students' results are also written to a database. This enables teachers to review the results that have been achieved by their students.
2. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms of Service, and to abide by and comply with these terms of Service.
In this agreement the words listed below on the left have the following meanings unless the context requires otherwise:
|"Data"||means the personal data relating to Students and Teachers.|
|"Subscription"||means an annual fee, which is payable by a Subscribing Institution. The fee is related to the numbers of students for whose benefit a Subscribing Institution will take out a subscription.|
|"Subscribing Institution"||means a school or other institution that is established to deliver or support the delivery of a secondary school curriculum.|
|"Member(s)"||means any person who is a student or employee of a Subscribing Institution.|
|"Service"||means the use of the website to make available computing related activities for students of Subscribing Institutions and related reporting functionality for the teachers of said students.|
|"Content"||means all the material that is made available on our website by us.|
|"Student(s)"||means pupil(s) in the Subscribing Institution.|
|"Teacher(s)"||means teacher(s) in Subscribing Institution.|
|"Website"||means http://www.computinghomework.com and includes the entire computing hardware and software that is or supports our website.|
In these terms, unless the context clearly indicates another intention:
2.1. Reference to any one gender includes all other genders and reference to the singular includes the plural and vice versa.
2.2. Reference to writing includes fax, email and similar means of communication.
By using, visiting or subscribing to the Service provided by this website, you acknowledge that:
3.1. You understand that by taking out the subscription in the manner as may be specified by us, you are entering into an agreement with us and that you accept these terms and conditions. Furthermore, that you will be responsible for ensuring that the Students and Teachers in your institution shall comply with these terms and conditions. If you do not agree to any of these terms, please do not use the website.
3.2. These terms and conditions apply not only to Members but to Visitors to the website (so far as they may be relevant). If you use the website as a Visitor you are deemed to have accepted these terms and conditions.
4.1. We reserve the right to:
4.1.1. Change these terms or any part of them;
4.1.2. Change the appearance and design of the website, including removing, altering or discontinuing any data, content or feature of the website;
4.1.3. Alter fees, charges or other conditions for use of the website or parts thereof.
4.2. Although we will use our best efforts to notify you when major changes are made to these terms (by means of email), it is your responsibility to review the website frequently to see recent changes. Notice to any such change, amendment, or addition shall be sufficient if a reference to the fact that a change having been made is posted on the website for a period of at least seven days. You shall be deemed to have consented for such changes after the expiry of seven days from such change on the website.
5.1. When you take out a subscription, the relevant Students and Teachers from your institution may make use of the service.
5.2. The Service will enable you to set homework activities for the Students. The Students will be able to complete these activities on the website and submit them for marking. The work will be marked immediately and the results returned to Students. The marks for each activity will be written to a database. This information will enable the Teachers, who are engaged by you, to generate reports from the website to see how their students have performed.
5.3. In order to provide you with the Service, you will provide us with appropriate Student and Teacher Data. These Data will enable the Students and Teachers to log on to the Service from any Internet enabled PC, which meets the software requirements for accessing the Service. The following Data are required:
5.3.1. Teachers' Data:126.96.36.199. First Name
If two teachers have the same name, then an additional character should be appended to either the first name or the surname in order to make the name a unique identifier within your institution.
5.3.2. Students' Data:188.8.131.52. First Name
Example of Student Data:
If two students have the same name, then an additional character should be appended to either the first name or the surname in order to make the name a unique identifier within your institution.
5.4. You will provide us with the above Data as one or more "Microsoft Excel" or "CSV" files. You will need to ensure the accuracy of the above Data. We will endeavour to set up login accounts within one working day of receiving your Data.
5.5. You will be required to appoint a data administrator or nominated representative who will be responsible for maintaining your Data on our servers. You will need to nominate this person at the time that a subscription order is placed.
5.6. The nominated data administrator as appointed under paragraph 5.5 will be responsible for the following:5.6.1. Updating Student Data, (for example, amending the class name of a pupil who has moved to a new class);
We reserve the right to change the software specification and version number required in order to access the Service. In the event, we will endeavour to give 30 days notice in writing of any such change.
5.8. All Members are responsible for maintaining the confidentiality of their account and password and for preventing any unauthorised person from using any such account and password.
5.9. All Members agree to accept responsibility for all activities that occur on their account.
5.10. We reserve the right to suspend or terminate your access to the website due to breach of any or all of these terms on your part.
5.11. We reserve the right to temporarily suspend the service in order to carry out maintenance or upgrading of the Service.
6.1. To avail yourself of the Service, you need to pay an annual subscription fee.
6.2. The fee will consist of two parts:
6.2.1. Part 1 will be the set-up charge. This is incurred when your Institution's Students' and Teachers' accounts will be created on our database server. This charge is non-refundable;
6.2.2. Part 2 will be the charge for providing the Service. This charge is also non-refundable except as described in Account Termination Policy and Early Termination in paragraph 8.
6.3. We will issue an invoice upon receipt of a signed order. Invoices are payable within 30 days of the invoice date. Payment can be made by cheque to Daisy-i Limited or by BACS. Our banking details will be provided on our invoice.
6.4. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
6.5. The cancellation and/or termination of these terms by you or us at any time for any reason will not entitle you to a refund of monies paid except as described in Account Termination Policy and Early Termination in paragraph 8.
You agree to comply with the following acceptable use policy that governs your use of the website:
7.1. You shall be solely responsible for your Data and all risks and responsibilities of providing us with these Data. In connection with your Data, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all the Data in the manner contemplated by the website and these terms.
7.2. You will not use the Service in a manner which violates any national or international law or regulation, or which fails to comply with accepted Internet protocols. You will not attempt to interfere in any way with our networks or network security, or attempt to use our service to gain unauthorised access to any other computer system.
7.3. You will not resell, rent, lease, grant a security interest in, or make commercial use of our service without our express written consent.
8.1. You understand and agree that we retain the right, at our sole discretion, to terminate any and all parts of the Service under appropriate circumstances on immediate notice to you. We may terminate your access to and use of the website. The cause for such termination shall include, but not be limited to:
8.1.1. Breaches or violations of these terms in addition to other instructions or guidelines that we may issue from time to time, whether generally to all members or specifically to you;
8.1.2. Requests by law enforcement or other government or regulatory authorities.
8.2. You may terminate the agreement by giving 30 days notice in writing. No fees that have been paid to us will be refundable, except where the cancellation is related to a new Subscription that is taken out by an umbrella organisation, such as a Local Education Authority. In this case, we will refund a portion of the original Subscription charge to be calculated from the end of the month in which the cancellation notice is received by us.
8.3. Notwithstanding anything contained in paragraph 8.2, you may cancel a subscription order within 30 days of placing the subscription order. This must be done in writing either by email or letter post. In this event, you will only be liable for the set-up charge. The other portion of the Subscription charge will be waived.
8.4. We will remove any Data belonging to the institution from our servers upon termination or cancellation of this agreement.
8.5. Upon cancellation or termination of a Subscription agreement, you will undertake to remove from your servers and from all institution owned client and Student owned machines (such as pupil laptops, which are maintained by the Subscribing Institution) all teaching materials that may have been downloaded from our website. The only exception to this will be any sample materials that we freely provide to illustrate the Service.
8.6. All claims or actions that we may have against you shall remain intact despite termination.
9.1. You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the website.
9.2. You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the website nor you will not permit any other person to do so.
9.3. You shall not take any action in order to obtain a service to which you are not entitled.
10.1. Title, ownership rights, and intellectual property rights in all Content and material that is part of, contained in, or accessed through the website and provided either by us or by any content provider shall remain the sole property of us or any other content provider, as the case may be. You acknowledge and agree that certain business names contained within the website may represent protected trademarks and service marks. Such data and content are protected by the intellectual property and privacy laws and treaties of all countries.
10.2. You may not incorporate any material provided on our website into any other publication whether in printed or electronic form, including in online systems.
10.3. The website or Content posted by us may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, service or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. All trademarks, service marks, and logos used on the website are the trademarks, service marks, or logos of their respective owners.
10.4. Links provided to other sites from our website are provided without warranty as to their ability to link to the destination page.
10.5. You may provide a link from your institution's website to our home page. You may not link to any other page on our website.
You agree to defend, indemnify and hold harmless us, our holding company, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to solicitors' fees) arising directly or indirectly from:
11.1. Your failure to comply with the law of any country;
11.2. The provision by you of any Data which are used on the website;
11.3. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
11.4. Any use of the website for a purpose forbidden by these terms;
11.5. Your violation of any of these terms.
12.1. In no event shall we, our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
12.1.1. Errors, mistakes, or inaccuracies of any Data or the Content;
12.1.2. Unauthorised access to or use of our secure servers and/or any and all personal information and/or any other information stored therein;
12.1.3. Interruption or cessation of transmission to or from the website;
12.1.4. Bugs, viruses, adware, spyware, anything malicious, Trojan horses, or the like, which may be transmitted to or through the website by any third party, and/or
12.1.5. Errors or omissions in any data provided by you or for any loss or damage of any kind incurred as a result of use of any data posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
12.2. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid to us in the immediately preceding 12 month period.
13.1. We give no warranty, express or implied, as to the truth of any information given on the website.
13.2. Teachers will be able to export the data relating to the work done by their classes from our database server for their own use on their local machines. We will not be liable for the accuracy of these data.
13.3. We take no responsibility for the wrongful use of any information published on our website by any person.
13.4. In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data/Content or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the website.
14.1. We shall not be liable for any breach of our obligations resulting from causes beyond our reasonable control including an act of God, fire, natural disaster, terrorism, war or military hostilities. In such a situation:
14.1.1. We will immediately give a notice on becoming aware of an event of force majeure and such notice to contain details of the circumstances giving rise to it;
14.1.2. If a default due to force majeure shall continue for more than six weeks then we shall be entitled to terminate this agreement.
14.2. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
15.1. The headings in this document are for reference only.
15.2. We may assign any part or all of our rights and obligations to a third party. In such an event, we will give you a written notice at least seven days from such assignment. You may not assign any of the rights or obligations within this agreement to a third party without our written consent.
15.4. Any notice or other communication to be given under these terms will be in writing and given by facsimile, post-paid registered or certified mail, return receipt requested, or electronic mail, as per our discretion. The date of sending shall be deemed the date on which such notice is given.
15.5. If any of these terms is at any time held by law to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of UK jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.6. You undertake to provide us with your current land address and email address as often as it may change. You consent that the contact information provided by you under this agreement can be used by us in any manner for the purpose of this agreement.
15.7. In the event of a dispute arising out of or in connection with these between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
15.8. These terms shall be governed by and construed in accordance with the law of England and the parties agree to the exclusive jurisdiction of English courts.