Teacher Feedback – Terms & Conditions

Last updated 18 October 2017.

INTRODUCTION

James Blomfield, referred to as “us”, “we” or “our” in these terms, owns and operates both ‘Teacher Feedback’ and the www.teacherfeedback.co.uk website (referred to as “TFB”, “the website” or “THE WEBSITE”).

These Terms, our Privacy Policy and any other documents mentioned in these Terms apply to:

  1. All versions of the website, regardless of how they are accessed.
  2. Yours and/or your children’s or students’ use of the website and any services or content made available through the website.

By accessing and using the website you agree to be bound by these Terms, all applicable laws and regulations and agree that you are solely responsible for compliance of any local laws. If you do not want to be bound by these Terms please do not access the website or allow your students or children to access the website.

Like many websites we use cookies, a small data file stored on your computer when you access the website. We use cookies only to help with the functioning of the website, and no personally identifiable information is stored or collected in these cookies. By using the website and agreeing to these Terms you consent to our use of cookies in this way.

We reserve the right to change these Terms at any point, with or without notification and/or explanation. Any changes to these terms will take effect immediately.

ACCESS TO THE WEBSITE

We take the safety of our users aged below 18 (referred to as “minors” or “minor”) very seriously. We request a minimal amount of personal information from each minor user of the website. This information is required for the purpose of protecting and authenticating the minor, and will be used within the law and in accordance with our Privacy Policy.

Access to the website will be granted upon receipt of full and accurate registration information provided to us by an individual whom we deem to be a responsible adult, for example a Teacher, Head Teacher or Tutor. Each responsible adult will be responsible for the security of their children’s and/or students’ Usernames and Passwords.

USE OF THE WEBSITE

As a parent, guardian or teacher you are entirely responsible for the safety and well being of your children or students when they use the website, its services and content. You are also responsible for the legality and appropriateness of any and all content your children or students upload to the website, and for ensuring that content conforms to the website “Rules”.

We reserve the right to change or remove any content on the website with or without explanation or notice.

Communications between users on the website are not private and will be automatically checked by a third-party computer software, MySafeTXT provided by KidsOkOnline Ltd. Only each user’s unique ID is sent to this third-party software. Moderators appointed by us also monitor and have access to those communications. We reserve the right to access, and listen to any audio file (including but not limited to mp3, mp4, wav) and/or delete it without notice/explanation at any time.

Any and all communications will be stored by us and on the servers used to host the website, and made available to the relevant lawful authorities if requested for an investigation of potential illegal and/or inappropriate behaviour or activity.

We may at any time, with or without reason and/or explanation terminate or suspend a minor’s account on the website.

We may contact you by email or telephone for the purposes of marketing and promotion of the website, and if there is a concern about yours or your students’ or children’s account. We may also contact you if we need to authenticate or administer an account.

PERSONAL INFORMATION

Please read our Privacy Policy to see how the personal information you provide us is used and dealt with. We take your privacy very seriously.

The personal information requested from each user of the website is limited to

  1. Forename
  2. Surname
  3. The name and address of the user’s school

We reserve the right to vary or extend the amount of personal information that we collect from you or your students’ or children for security and authentication purposes, without explanation.

BRITISH OR INTERNATIONAL SCHOOL REGISTRATION

Upon registering the students of a British or International school with us the Teacher, Head Teacher or certified official from that school, on behalf of that school agrees to undertake to:

  1. Give permission for its students to use the website.
  2. Nominate a teacher who has the full and total authority of the school to represent the school in all matters associated with the website, including but not limited to, students’ behaviour and issues of child safety.
  3. Be bound by these Terms and the rules within the website.
  4. Accept that we are able to terminate a registered student’s account at our discretion with or without notice and/or explanation.
  5. Ensure the website URL is not blocked by your school’s Internet filtering software.

PRIVATE TUTORS

Upon registering the students with us the private tutor agrees to undertake to:

  1. Give permission for his/her students to use the website.
  2. Have full and total responsibility of his/her students use of the website, to represent the students in all matters associated with the website, including but not limited to, students’ behaviour and issues of child safety.
  3. Be bound by these Terms and the rules within the website.
  4. Accept that we are able to terminate a registered student’s account at our discretion with or without notice and/or explanation.

INTELLECTUAL PROPERTY AND COPYRIGHT

Unless otherwise stated, our licensors or we own the intellectual property rights of any trademarks, materials or content on the website and these rights are protected by British, international copyright and other intellectual property laws.

You may view, print pages and download materials and content from the website for non-commercial and educational use within a British school, only, providing you keep in tact and do not edit any and all attribution, copyright and proprietary notices. Apart from that, none of our content may be republished, repurposed, posted, transmitted, stored, sold, distributed or modified without our prior written consent.

Any and all content uploaded by a user for inclusion on the website (including but not limited to mp3, mp4, wav) is the sole property of that user. Upon uploading content to the website, the user grants to us a worldwide, irrevocable, non-exclusive, royalty-free license to use and adapt that content for publication on the website and also to use freely for educational, promotional and commercial purposes. The user also grants us the right to sub-license these rights and the right to bring an action for infringement of these rights.

Where the content uploaded by a user for inclusion into the website is not the sole property of the user, the user will have permission from the original owner to use and adapt that content for publication on the website.

We take no responsibility whatsoever for the legality, validity or appropriateness or accuracy of any content on the website.

LINKS TO THIRD PARTY WEBSITES

The website may include links to third party websites that are controlled and maintained by others. Any link to another websites is not an endorsement of the website and you acknowledge and agree that we are not responsible for or in control of the content or availability of other websites linked to on the website.

OUR PROMISE

We promise to operate the website with reasonable skill and care and to use all reasonable endeavours to correct any faults which we are aware of. The promises contained within this paragraph are in place for all warranties or conditions implied by the law.

LIABILITY AND LIMITATIONS

The following are in place for all, but not limited to warranties or conditions implied by the law.

The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We make no assurances or promises about the availability of the website.

We disclaim liability in connection with any technical problems you may experience whilst using the website that may result in interruptions to the service provided by the website.

We disclaim liability in connection with any viruses or other technical problems you may experience as a result of using the website. It is your responsibility to ensure any files you obtain through the website are free from viruses and any other harmful properties.

We will not be liable to you in respect of any losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, opportunities or goodwill; or any direct, indirect, special, economic or consequential loss.

The liability of the website for any loss or damage of whatever nature and however caused, shall be limited to and in no circumstances shall exceed £ GBP 50.00.

We make no warrant that the website will be continuously available or error free and our liability in respect of any discontinuity or error in the website will be limited to using all reasonable endeavours to correct such discontinuity or error in the website within a reasonable period of time, following such discontinuity or error being brought to our attention.

Occasionally we are unable to perform our obligations under these Terms due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of our responsibilities under these Terms.

Nothing in these Terms will restrict our liability for anything that cannot be limited or excluded by applicable law.

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

You agree to use the website in accordance with these Terms. You agree that you will compensate us (and our employees, agents and/or suppliers) in full for any damages, losses, costs and expenses including reasonable legal fees we incur that arise out of any breach by you of these Terms or any liability we incur as a result of your use of the website; or as a result of any other person using the website with your username and password.

SEVERANCE

If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any English court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

CONTACT US

You can contact us by emailing us: support@teacherfeedback.co.uk.