These terms and conditions set out the terms on which you (and any other Teacher at your School) may use a Scholastic Online Learning Application.
Please read these terms and conditions carefully as by using any Scholastic Online Learning Application you signify your agreement to comply with these terms and conditions. We advise that you print a copy of them for future reference.
1. DEFINITIONS AND INTERPRETATION
“The application” and “an application” mean those elements of Scholastic’s Online Learning Applications that the School has selected to purchase in its Subscription Agreement. By way of example, if the School has selected to purchase Class PET – Key Stage 1 & 2 Literacy, then the term “the application” shall be taken to include only this element (and not any other element of a Scholastic Online Learning Application that the School has not selected to purchase). Please ask the School for details of the elements it has selected;
“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulations, Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any legislation implementing or replacing the Data Protection Directive 95/46/EC of 24 October 1995 or the Privacy and Electronic Communications Directive 2002/58/EC of 12 July 2002 (as such legislation is amended, extended, re-enacted or consolidated or to such legislation as supersedes that legislation from time to time) and any other European Union legislation relating to Personal Data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party;
“Intellectual Property Rights” means copyright, patents, trade marks, rights in goodwill or to sue for passing off, trade secrets, registered design rights, design rights, database rights, know-how, rights in domain names, semi-conductor topography rights, service marks, trade, business and domain names, rights in trade dress or get up, moral rights, performers rights, database rights and all other legal and beneficial intellectual and industrial property and similar rights of all types under the laws of any governmental authority in any jurisdiction no matter what such rights may be known as in any particular country in the world and including all renewals, applications and registrations relating to any of the foregoing in any part of the world;
“Material” means any and all content and material on the application throughout the duration of the Subscription Agreement but excluding any content or material which has been uploaded onto the application by a Teacher or a Student;
“Parent” means a parent or, if applicable, a guardian of a Student;
“Parental Consent Form” means the form of wording which Scholastic provides to the School from time to time in writing, by which the School obtains the consent of each Student’s Parent for their child to use the application;
“Personal Data” as defined under the Data Protection Legislation;
“Scholastic” means Scholastic UK Ltd a company registered in England and Wales with company number 4452170 whose registered office is at Westfield Road, Southam, Warwickshire, CV47 0RA;
“School” means the school which employs you and which has entered into the Subscription Agreement with Scholastic; “Student” means any person who currently attends the School as a valid student;
“Student Rules of Use” means the rules governing the use of the application by Students, such Student Rules of Use to be provided by Scholastic to the School in writing from time to time and which are accessible via the application;
“Subscription Agreement” means the agreement between Scholastic and the School which governs the School’s use of the application;
“Teacher” means any person who is currently validly employed by the School as a teacher or a classroom assistant or a schools administrator (as applicable);
2. USE OF SCHOLASTIC ONLINE LEARNING APPLICATIONS
2.1 Scholastic Online Learning Applications are for use as a teaching tool by current and validly employed Teachers only. If you are not a valid Teacher then you are not entitled to use any Scholastic Online Learning Application as a “teacher”. Your right to access an application will terminate immediately upon termination or expiry of the Subscription Agreement.
2.2.1 you are a legitimate teacher employed exclusively by the School;
2.2.2 you shall treat your username and password as personal and confidential to you, and you shall not disclose your username and/or password to any third party; and
2.3 Your account will enable you to register Students in your class to use the application. For each Student who wishes to participate, you will be able to create an individual account, username and password for each Student whose parents have provided a valid, signed Parental Consent Form. The Student’s account, username and password shall enable the Student to access and use the application provided that the Student agrees to comply with the Student Rules of Use. You hereby warrant, represent and undertake that:
2.3.1 each Student that you invite to use the application shall be a legitimate student registered solely at the School and in your class at the time of joining;
2.3.2 you shall use all reasonable endeavours to ensure that each Student shall treat his/her username and password as personal and confidential to the Student, and such Student shall not disclose his/her username and/or password to any other Student or third party;
2.3.3 you shall ensure that in respect of each username and password issued by you to a Student, such username and password shall also promptly be provided to such Student’s Parent; and
2.3.4 you shall use all reasonable endeavours to ensure that each Student uses the application strictly in accordance with the provisions of the Student Rules of Use and any other reasonable terms which are notified by Scholastic to the School from time to time.
3. USE OF SCHOLASTIC ONLINE LEARNING APPLICATIONS BY STUDENTS
3.1 You hereby acknowledge and agree that:
3.1.1 the use of the application by any person will require such person to provide Scholastic with certain Personal Data; and
3.1.2 to help ensure compliance with the Data Protection Legislation, you will not do or omit to do anything which might encourage or assist any Student to provide Personal Data to Scholastic using a website or tool such as a Scholastic Online Learning Application, unless such Student’s Parent has provided their express prior consent to the provision of such Personal Data by the Student.
3.2 You acknowledge that your School can assist you in obtaining these consents and you hereby warrant, represent and undertake that you shall not allow any individual Student to use the application or create an account unless the School has received a Parental Consent by a Parent in respect of such individual Student.
3.3 Scholastic will comply with the Data Protection Legislation whenever processing any of your Personal Data in order to provide the Scholastic Online Learning Application.
4. CONTENT OF SCHOLASTIC ONLINE LEARNING APPLICATIONS
4.1 You hereby acknowledge and agree that (as between you and Scholastic) the Intellectual Property Rights in the Website, the application (including the look and feel of the application), the Material and the Manual shall remain the property of Scholastic or its licensors and that any goodwill or other right, title or interest arising from their use accrues solely for the benefit of Scholastic or its licensors (as the case may be).
4.3 You acknowledge that the application is an online assessment tool and that you are not entitled to print and/or distribute any of the Material or the Manual or any other material provided to you by Scholastic which relates to the application without the prior written agreement of Scholastic. You hereby warrant, represent and undertake that:
4.3.1 you shall not offer for sale or sell or distribute over any medium or in any form any of the Material or the Manual; and
4.3.2 you shall not make any part of the Website available as part of another website, whether by hyperlink, framing on the internet or otherwise; and
4.3.3 you shall not seek to bypass or avoid any of the security steps put in place by Scholastic in respect of the application.
4.4 You agree that you shall monitor all content and materials which are uploaded onto the application by Students in your class. You shall promptly remove any such material and/or content which in your reasonable judgment falls into any of the following categories;
4.4.1 save for the personal information required for registration to the application, any private information or personal data of any third party including, without limitation, telephone numbers, addresses or passwords or financial details or any attempt to solicit such private information;
4.4.2 any content or material that appears to infringe any Intellectual Property Rights of any party;
4.4.3 any content or material that is unlawful, harmful, infringing, threatening, abusive, inflammatory, harassing, tortuous, defamatory, vulgar, obscene, fraudulent, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
4.4.4 any content or material that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or would otherwise create liability or violate any applicable laws;
4.4.5 any content that, in the reasonable judgment of the School, is objectionable or which restricts or inhibits another’s use or enjoyment of the application and/or the Website, or which may expose Scholastic, its affiliates or its users to any harm or liability of any kind.
4.5 You acknowledge and agree that Scholastic shall have the right to remove any content or material that has been uploaded onto the application and which Scholastic deems in its sole discretion falls within any of the categories set out at Clause 4.4 above.
4.6 You acknowledge and agree that Scholastic has the right to amend any part of the application (including any technical specifications of the application) at any time at Scholastic’s sole discretion provided that this does not cause material detriment to the application and/or materially impair the functionality of the application. Scholastic shall not be obliged to inform you of any such amendments. You acknowledge and agree that any part of the application may be out of date at any given time and Scholastic shall be under no obligation to update the application.
5. LIMITATION OF LIABILITY
5.1 Scholastic is providing the application and the Website on an “as is” basis and to the fullest extent permissible by law makes no (and expressly excludes all) guarantees, representations (except for fraudulent misrepresentation) or warranties of any kind (express or implied) with respect to the application and its contents or any websites to which it is linked including, without limitation, warranties as to quality and fitness for purpose.
5.2 Scholastic does not represent or warrant that the content appearing on the application is accurate, complete, reliable or current nor that the application will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojan horses or other harmful elements. Scholastic expressly excludes any warranty as to the compatibility of the Material with any curriculum that may be followed at any time by the School. Scholastic disclaims all liability and responsibility arising from any reliance placed on the application by the School and/or any Teacher and/or any Student and/or by anyone else who may use/be informed of any of its contents.