Terms and Conditions – Archive
Please be aware that these terms and conditions, originally published in September 2018, have been replaced with an updated set of terms and conditions in July 2020. These terms and conditions are stored for reference purposes only. Our new terms and conditions can be found here.
We try to be as clear as possible about our work, so we encourage you to read the FAQs, if you want the easy-read version of what we do. However, the terms below are the full legal conditions of signing up to Teacher Tapp.
Teacher Tapp: Conditions of Use
If you have any questions, contact us at firstname.lastname@example.org
These Conditions may be updated from time to time and the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Conditions so that you are aware of any changes to them.
1. Definitions and Interpretation
1.1 In these Conditions, the following words have the following meanings:
App: the Teacher Tapp mobile application, including all new releases and new versions;
App Content: all information contained within the App, including the daily insight based on the responses to the Questions, our reports and blog;
IP Rights: any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
Questions: the daily questions posed by the App;
us, we: Education Intelligence Limited (trading as Teacher Tapp) a company registered in England and Wales with company number 10825354 and registered office at 12 Ashbrook Walk, Lytchett Minster, Poole, Dorset, England, BH16 6HY.
1.2 Words in the singular include the plural and in the plural include the singular. The headings shall not affect the interpretation of these Conditions. References to Conditions are references to the numbered provisions of these Conditions. Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies. Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words.
2. Using the App
2.1 Subject to the these Conditions, we grant to you the non-exclusive, non-transferable right (a) to download the App to your device and to answer the Questions; and (b) to view the App Content. Please answer the Questions honestly and to the best of your knowledge.
2.2 You shall comply with all of our reasonable instructions relating to the App. We may, at our sole discretion, provide upgrades and new releases of the App from time to time.
2.3 You shall not, and shall not permit or assist any third party to (a) attempt to view, access or copy any content or data other than that to which you are authorised to access; (b) translate, adapt, disassemble, reverse engineer, decompile or copy the whole or any part of the App, nor arrange or create derivative works based on the App except to the extent permitted by law not capable of exclusion by agreement; (c) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the App or the App Content; (d) combine, match or merge the whole or any part of the App with or incorporate the App into any third party code; (e) distribute, sell, sub-license, lease, resell or purport to assign access to the App or the App Content; (f) attempt to undermine the security of the App; (g) access the App to build a competitive product or service or to build a product or service using similar ideas, features, functions or graphics; (h) make available online all or part of the App or the Report through the Internet, or any intranet; (j) remove or alter any copyright or other proprietary notice on any part of the App or App Content; and/or (k) take any action in an attempt to obtain any other user’s data, cause malfunction, crash, tamper with or otherwise impair the App.
2.4 You agree that we shall be entitled to record your access and use of the App for the purposes of diagnosing and fixing problems and support. We may transfer such records to third parties for the purposes of analysis and processing. No personal data shall be included in such records.
2.5 You are responsible for use of the App on your device. You shall promptly notify us upon becoming aware of any unauthorised access to or use the App, and provide all reasonable assistance to bring an end to such unauthorised access or use.
3. App Availability
3.1 We shall use reasonable endeavours to make the App available at all times, but you acknowledge that there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
3.2 We reserve the right to remove any content or features from the App for any reason, without prior notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.
4. Warranties, Disclaimer
4.1 Subject to these Conditions, we warrant that we shall (a) provide access to the App with reasonable skill and care; and (b) use industry standard virus detection software in relation to the App.
4.2 You agree that the App Content is provided for information only. It is based on responses to the Questions and other third party information and therefore may contain errors or omissions and may not be accurate, timely or complete. To the extent permitted by law, we shall have no liability to you in relation to your use of the App and/or the App Content including any steps you take in reliance on the App Content.
4.3 If there is a problem with the App that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 per device subject to proof of the loss or damage. However, we will not be liable for damage caused by you failing to comply with these Conditions.
4.4 Nothing in these Conditions shall limit or exclude a party’s liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other loss that cannot lawfully be excluded or limited.
5.1 Either of us may terminate your access to the App, at any time and immediately by giving the other written notice.
5.2 On termination of your right to access the App you shall cease to access the App and delete the App from all devices in your control.
6.1 These Conditions contain the entire agreement of the parties with respect to the access to the App and supersede all prior agreements and representations, standard conditions or other implied conditions, whether written or oral, with respect to the subject matter of these Conditions.
6.2 You shall not assign or delegate its rights or obligations under these Conditions, in whole or in part, to any third party by operation of law or otherwise.
6.3 Any failure to enforce any provision of these Conditions shall not constitute a waiver thereof or of any other provision.
6.4 If any provision of these Conditions is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties.
6.5 Nothing in these Conditions shall create or imply an agency, partnership or joint venture between the parties. Neither party shall act or describe itself as the agent of the other party nor shall either party have or represent that it has any authority to make commitments on behalf of the other.
6.6 These Conditions are governed by and will be construed in accordance with the laws of England and Wales.
6.7 The parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any legal actions or proceedings arising out of or in connection with these Conditions
7. Additional Terms if you download the App from the Apple iTunes App Store
We both acknowledge that these Conditions are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content of the App. The licence granted to you for the App is limited to a non- transferable licence to use the App on an iPad that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions. We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Conditions. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Conditions, and that, upon acceptance of these Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Conditions against you as a third-party beneficiary thereof.