TandC

TERMS & CONDITIONS OF USE OF CURIOSITY LEARNING LTD RESOURCES

Last updated: 1 January 2017

You agree to accept and abide by Curiosity Learning Ltd (CLL) Terms and Conditions for the use of and making available their products, ideas, systems, materials and all IP created by or delivered by CLL.

Interpretation

For avoidance of any doubt, the following terms are understood to mean:

Authorised User: the individual who is either: (i) a teacher or a member of staff employed by the Organisation; or (ii) a student enrolled at the Organisation or (iii) any other party deemed to be appropriate by CLL

Curiosity Club: the Challenge, Express and Teaching resources, website content, database and intellectual property, design, concept and execution

Organisation: means the school, college or similar institution, body or individual engaged in the field of education that is granted access to Curiosity Club by CLL.

Personal Data: information about an individual person (e.g. name, email and address).

Terms: these terms and conditions.

  1. License
    • Upon receipt of payment by the Organisation, CLL grants Authorised Users a non-excusive licence to access and use Curiosity Club during the licence period as agreed by CLL and the Organisation.
    • You must not:
      • Sub-license Curiosity Club in whole or in part to anyone;
      • Attempt to duplicate, modify, disclose or distribute Curiosity Club or any of CLL’s resources or intellectual property;
      • Transfer, temporarily or permanently, any rights or obligations under these Terms; or
      • Attempt to obtain, or assist others in obtaining access to Curiosity Club without due consent by CLL.

 

  1. Accessing Curiosity Club and the Product
    • Authorised Users will only be able to access Curiosity Club during the licence period and use is governed by these Terms and Conditions. You must not:
      • Copy or print the Challenge, Express or Teacher Note cards, unless expressly agreed in writing with CLL;
      • Display or distribute any part of the Product on the Internet and the World Wide Web, unless expressly agreed in writing with CLL;
      • Permit anyone other than the Authorised Users to access or use the Curiosity Club; and/or
      • Use Curiosity Club for commercial use other than as teaching and learning resources within the Organisation.
    • If Authorised Users are purchasing a Curiosity Club licence on behalf of their Organisation, it is assumed they have the authority to do so.
    • When purchasing a Curiosity Club licence you agree to our terms and conditions.
    • Authorised Users understand that to access and use Curiosity Club, they will need to log into their account via curiosity-club.com with the relevant login details.
    • Authorised Users access to Curiosity Club will cease when the licence period expires.

 

  1. Your Obligations
    • The Organisation agrees to allow CLL to use their name, logo and case study on the Curiosity Club websites and promotional material.
    • Authorised Users agree not to make available their username and/or password to anyone. CLL must be notified as soon as possible if there has been a disclosure so that we can take appropriate security measures.
    • Authorised Users will not transmit to other Authorised Users or to CLL, any inappropriate or illegal content.
    • The Organisation is solely responsible for the appropriate use of Curiosity Club by Authorised Users.
    • Authorised Users agree to contact CLL if any errors to the database occur.
    • Authorised Users must not upload viruses or malware of all types and Trojans onto curiosity-club.com and www.curiosity-club.co.uk.
    • Any Personal Data provided to CLL complies fully with all relevant data protection laws including the Data Protection Act 1998.
    • The Organisation agrees to compensate for any losses, damages, fines arising from any breach by it and/or its Authorised Users.

 

Our Obligations

  1. We will:
    • Ensure, as far as is practically possible, that Curiosity Club is accessible via curiosity-club.com and is available to Authorised Users;
    • Ensure that the Organisation and its Authorised Users have the ability to create usernames and passwords for other Authorised Users within the terms of their licence; and
    • If we have agreed to do so, provide the necessary training and support on how to use Curiosity Club.
    • We cannot guarantee that the use of Curiosity Club will be uninterrupted or error-free. We may have to carry out scheduled maintenance thus prohibiting use.
  2. CLL reserves the right to withdraw Curiosity Club for any reason including:
    • If we no longer retain the right to publish such material; or
    • CLL believes the material may infringe the Intellectual Property Rights of third parties.
  3. The organisation will be notified of any withdrawal as soon as possible.
  1. Data Protection and Privacy
    • It is necessary for Authorised Users to provide us with Personal Data (e.g. name, email address and school).
    • The use of Personal Data is set out in our Privacy Policy; Authorised Users agree to be bound by the terms set out in our Privacy Policy, which are part of these Terms.
  1. Intellectual Property Rights
    • Authorised Users acknowledge that CLL and/or CLL’s licensors own all Intellectual Property Rights in Curiosity Club. Unless otherwise agreed in writing, CLL does not grant Authorised Users any rights to or in any Intellectual Property Rights or any other rights or licences.
    • If Authorised Users become aware of any Intellectual Property Rights infringement, CLL must be informed promptly.
  1. Liability
    • Nothing in these Terms excludes our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
    • We shall not be liable to Authorised Users for:
      • Loss or damage, including loss of completed Challenge work;
      • Loss of revenue, loss of teaching time or loss of business;
      • Loss of goodwill, loss of reputation or loss of opportunity;
    • The Organisation and Authorised Users agree not to bring or threaten to bring any claims or proceedings directly against CLL.
  1. Term and Termination
    • The Organisation agrees to purchase a licence from CLL to use Curiosity Club for a specified period. The licence will not be automatically renewed.
    • The Organisation or CLL may terminate these Terms if either side is in breach of these Terms and Obligations; parties will be notified of termination within 30 days of any breach.
    • If the Organisation or CLL is made bankrupt, is unable to pay its debts within the meaning of the Insolvency Act 1986 the licence may be terminated.
  1. Effect of Termination
    • On expiry or termination the Organisation and Authorised Users will not be able to access or use, in any shape or form, Curiosity Club.
    • If the licence is terminated or expires all outstanding sums payable by the Organisation to CLL shall immediately become due and payable;
    • On termination or expiry of the licence Authorised Users shall return all content relating to Curiosity Club to CLL, unless otherwise agreed.
    • If your access to Curiosity Club ceases (e.g. the licence period has expired), Authorised Users will no longer be able to access Curiosity Club and CLL reserves the right to delete your account and all content associated to your account.
  1. Maintenance
    • If the Organisation or Authorised Users are unable to access Curiosity Club, it must first be determined whether the issue lies with the Organisation or Authorised User.
    • If the fault lies with CLL, Authorised Users must contact CLL promptly. CLL shall try and resolve your fault as soon as is reasonably possible.
  1. Governing Law and Jurisdiction
    • These Terms are governed by and construed in accordance with the law of England.
    • The parties agree that the courts of England have exclusive jurisdiction to settle any dispute or claim.
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CURIOSITY LEARNING LTD Privacy Policy

Last updated: 1 January 2017 and Effective from: 1 January 2017

This privacy policy is specific to Curiosity Learning Limited (CLL) who owns Curiosity Club, which includes www.curiosity-club.com and www.curiosity-club.co.uk (“Websites”). By using the Website, Authorised Users are accepting CLL’s Privacy Policy, as detailed below.

What kind of information do we collect and how do we use it?

When Authorised Users log into Curiosity Club we may collect and process the following information about you:

  • Information that Authorised Users provide including messages and assessments.
  • If CLL is contact by an Authorised User, we may keep a record of that correspondence.
  • We may also ask Authorised Users to complete surveys that we use for research purposes, although you do not have to respond to them.

 

Use of cookies

The website does not make use of cookies to store data.

 

How do we use the information?

We may use information held about Authorised Users in the following ways:

  • To monitor and track the effectiveness of the database;
  • To monitor and track the activity on the database e.g. Challenges undertaken, messages and assessments;
  • To notify Authorised Users about changes to the database and/or Curiosity Club;
  • To help us understand more about the database is used and how to improve Curiosity Club.

When do we share information?

An e-mail address provided to CLL will be used solely for educational purposes and as a way of communicating, if needed, with Authorised Users.

At no time will any of the data collected be used for marketing purposes and such data will remain under the control of CLL and will not be sold on to any third party.

Security and Our Partners outside Europe:

The data referred to by CLL does not fall within the category of “Sensitive Data” according to the ICO guidance to schools issued in 2012. Access to the website is only available by subscription and the subscriber grants permission to CLL for the use of essential personal data on which the correct functioning of the website is dependant. This is primarily, but not exclusively, the first and last name and an associated e-mail address. In the case of a subscriber being a school, club or similar body, it is the responsibility of such organisation to ensure that all users of the website do so with full parental permission.

CLL undertake to make all reasonable effort to keep private and safe all information generated as a result of the participation of any individual on any part of the website created by CLL.

The Curiosity Learning Database is facilitated by Caspio Inc, 2953 Bunker Hill Ln, Suite 201, Santa Clara, CA 95054 USA and all data held as a result of this facilitation falls within the terms and conditions of provision of service by Caspio Inc. and is subject to the laws and governance of the United States Of America.

Changes to our Privacy Policy

We reserve the right to make changes to this privacy policy. Any changes we may make will be posted on this page and, where appropriate, notified to you by e-mail.

Governing Law

CLL takes the management of personal data seriously and complies with the guidelines specified in the Data Protection Act of 1998.

You agree that this privacy policy shall be exclusively governed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the court of England and Wales.

Curiosity Learning Ltd

The Black Barn, Wickhurst Farm, Leigh, Kent, TN11 8JH