CURIOSITY LEARNING LTD Terms and Conditions

Last updated: 31st May 2018

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
1.1. Upon receipt of payment by the Organisation, CLL grants Authorised Users a

non-exclusive license to access and use Curiosity Club during the license

period as agreed by CLL and the Organisation. 1.2. You must not:

1.2.1.1. Sub-license Curiosity Club in whole or in part to anyone; 1.2.1.2. Attempt to duplicate, modify, disclose or distribute Curiosity

Club or any of CLL’s resources or intellectual property;
1.2.1.3. Transfer, temporarily or permanently, any rights or obligations

under these Terms; or
1.2.1.4. Attempt to obtain, or assist others in obtaining access to

Curiosity Club without due consent by CLL.

2. Accessing Curiosity Club and the Product

  1. 2.1.  Authorised Users will only be able to access Curiosity Club during the license period and use is governed by these Terms and Conditions. You must not:

    2.1.1.1. Copy or print the Challenge, Express or Teacher Note cards, unless expressly agreed in writing with CLL;

    2.1.1.2. Display or distribute any part of the Product on the Internet and the World Wide Web, unless expressly agreed in writing with CLL;

    2.1.1.3. Permit anyone other than the Authorised Users to access or use the Curiosity Club; and/or

    2.1.1.4. Use Curiosity Club for commercial use other than as teaching and learning resources within the Organisation.

  2. 2.2.  If Authorised Users are purchasing a Curiosity Club license on behalf of their Organisation, it is assumed they have the authority to do so.
  3. 2.3.  When purchasing a Curiosity Club license, you agree to our terms and conditions.
  4. 2.4.  Authorised Users understand that to access and use Curiosity Club, they will need to log into their account via www.gocuriosity.com with the relevant login details.
  5. 2.5.  Authorised Users access to Curiosity Club will cease when the license period expires.
  1. Your Obligations

    3.1. The Organisation agrees to allow CLL to use their name, logo and case study on the Curiosity Club websites and promotional material.

    3.2.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.

    1. 3.3.  Authorised Users will not transmit to other Authorised Users or to CLL, any inappropriate or illegal content.
    2. 3.4.  The Organisation is solely responsible for the appropriate use of Curiosity Club by Authorised Users.
    3. 3.5.  Authorised Users agree to contact CLL if any errors to the database occur.
    4. 3.6.  Authorised Users must not upload viruses or malware of all types and Trojans

      onto www.gocuriosity.com and www.gocuriosity.education

    5. 3.7.  Any Personal Data provided to CLL complies fully with all relevant data

      protection laws including the Data Protection Act 1998.

    6. 3.8.  The Organisation agrees to compensate for any losses, damages, fines

      arising from any breach by it and/or its Authorised Users.

  2. Our Obligations
  3. We will:
    1. 5.1.  Ensure, as far as is practically possible, that Curiosity Club is accessible via

      www.gocuriosity.com and is available to Authorised Users;

    2. 5.2.  Create usernames and passwords for members of the Organisation within the

      terms of the original license agreed

    3. 5.3.  If we have agreed to do so, provide the necessary training and support on how

      to use Curiosity Club.

    4. 5.4.  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.

  4. CLL reserves the right to withdraw Curiosity Club for any reason including:

    6.1. If we no longer retain the right to publish such material; or
    6.2. CLL believes the material may infringe the Intellectual Property Rights of third

    parties.

  5. The Organisation will be notified of any withdrawal as soon as possible.
  6. Data Protection and Privacy
    1. 8.1.  It is necessary for Authorised Users to provide us with Personal Data (e.g. name, email address and school).
    2. 8.2.  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.
  7. Intellectual Property Rights
    1. 9.1.  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 licenses.
    2. 9.2.  If Authorised Users become aware of any Intellectual Property Rights infringement, CLL must be informed promptly.

10. Liability

10.1. Nothing in these Terms excludes our liability for death or personal injury

caused by our negligence; or for fraud or fraudulent misrepresentation. 10.2. We shall not be liable to Authorised Users for:

10.2.1.1. 10.2.1.2. 10.2.1.3.

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;

10.3. The Organisation and Authorised Users agree not to bring or threaten to bring any claims or proceedings directly against CLL.

11. Term and Termination

11.1. The Organisation agrees to purchase a license from CLL to use Curiosity Club for a specified period. The license will not be automatically renewed.

11.2. 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.

11.3. If the Organisation or CLL is made bankrupt, is unable to pay its debts within the meaning of the Insolvency Act 1986 the license may be terminated.

12. Effect of Termination

12.1. On expiry or termination the Organisation and Authorised Users will not be able to access or use, in any shape or form, Curiosity Club.

12.2. If the license is terminated or expires all outstanding sums payable by the Organisation to CLL shall immediately become due and payable;

12.3. On termination or expiry of the license Authorised Users shall return all content relating to Curiosity Club to CLL, unless otherwise agreed.

12.4. If your access to Curiosity Club ceases (e.g. the license 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.

13. Maintenance

13.1. 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.

13.2. 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.

14. Governing Law and Jurisdiction

14.1. These Terms are governed by and construed in accordance with the law of England.

14.2. The parties agree that the courts of England have exclusive jurisdiction to settle any dispute or claim.