Terms & Conditions of Use
Version 1 (Current)
These Terms will apply to any contract between us for the license of the Software to you (Contract). Please read these Terms carefully and make sure that you understand them, before registering for the Software from our site. Please note that by registering for the Software, you, and in the case of a school package, your employees, agree to be bound by these Terms and the other documents expressly referred to and before registering you will be asked to agree to these Terms.
Please click on the button marked "I Accept" in respect of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to register for the Software from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time. Please check these Terms to ensure you understand the terms which will apply at the time you order the Software.
These Terms, and any Contract between us, are only in the English language.
Information About Us
We operate the website www.rewardsystem.org. We are Sixth Domain Ltd, a company registered in England and Wales under company number 07941104 and with our registered office at 83 Ducie Street, Manchester, M1 2JQ.
To contact us, please see our Contact Us page at www.sixthdomain.com/contact.
We licence use of the Software to you on the basis of these Terms. We do not sell the Software to you. We remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
- THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 27 (IF YOU ARE A SCHOOL) AND CONDITION 28 (IF YOU ARE A PARENT).
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE TO YOU AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE.
- IN THIS CASE ANY LICENCE FEE YOU HAVE PAID IN RESPECT OF THE SOFTWARE WILL BE REFUNDED WITHIN 14 DAYS.
1. Grant and scope of licence
Where you register for and use the Reward System Software you must comply with these terms and conditions.
1.1 In consideration of you agreeing to abide by these Terms and the payment of any applicable licence fee (as is quoted on our site in respect of each relevant package from time to time, (Licence Fee)), we hereby grant to you a non-exclusive, non-transferable licence to use the Software on these Terms. You acknowledge that the Software has been designed and is intended to be used in the United Kingdom.
1.2 The following Licence restrictions shall apply:
(a) if you are an individual teacher using the Software and your department and school do not use the Software under a package, you will be entitled to use the Software to monitor the behaviour and performance of your students however, the interface will not be linked to any other information collected by any other teacher within your school and the functionality of the Software to you shall be limited accordingly;
(b) if you or your school has purchased a departmental package every teacher within the department shall be entitled to use the Software and all information contributed by each individual teacher across the department in respect of the Software shall be linked and accessible by every other teacher within that department however, this will not be linked to any other departments in the school and the functionality of the Software shall be limited accordingly;
(c) if you or your school has purchased a school package every teacher within the school shall be entitled to use the Software and all information contributed to the Software by each individual teacher in respect of each student across the school shall be linked and accessible by every other teacher, using the Software's full functionality;
and in every instance a parent using the Software (under the relevant package) shall be able to review the information recorded in respect of their child.
1.3 You may:
We grant the licence of the Software to you in return for your agreeing to comply with these Terms and the payment of any relevant Licence Fee as specified on our website www.rewardsystem.org at the time you register for the Software.
There are 3 types of package you can have for the Software depending on what type of user, the details are included on our website.
(a) use the Software for your personal purposes (if you are a parent) or your internal school purposes (if you are a teacher, departmental or school user) only for the number of students agreed between you and us at the time of registering for the Software;
(b) provided you comply with the provisions in condition 1.3(a), make a reasonable number of copies of the Software as are necessary for back-up purposes;
(c) receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by us from time to time.
2. Software Tool
You may only use the Software for the number of students agreed with us at the time you registered for the Software or as updated at a later stage.
If we have licensed the use of the software tool which allows the school to transfer data to the Software (Software Tool) to you, you undertake, except as expressly set out in these Terms or as permitted by law:
(a) not to copy the Software Tool except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
(c) not to make alterations to, or modifications of, the whole or any part of the Software Tool nor permit the Software Tool or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software Tool nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software Tool with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Software with another software program;
(ii) is not disclosed or communicated without the our prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
(iii) is not used to create any software which is substantially similar to the Software Tool;
(e) to keep all copies of the Software Tool secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software Tool;
(f) in the case of the Administrator (as defined below) of a departmental or school package, to supervise and control use of the Software Tool and ensure that the Software Tool is used by the teachers in accordance with these Terms;
(g) to include our copyright notice on all entire and partial copies of the Software Tool in any form;
(h) not to provide, or otherwise make available, the Software Tool in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person other than your employees in the case of a school package, without prior written consent from us.
3. Licence Fee
You must not copy the Software Tool (except for back up purposes), modify it or de-compile it and you must not give the Software Tool to anyone else or let them use the Software Tool unless they have the relevant Licence.
3.1 The Licence Fee will be as specified on our site at the time of your registration. Our prices may change at any time, and any promotional price will be subject to the terms of each individual promotion.
3.2 Upon registration for the Software you will select your preferred payment method from those specified on our site from time to time.
3.3 If you are obtaining subscription under your department or school's package you will be issued with a unique link to follow to register for the Software.
Any relevant Licence Fee shall be specified on our website at the time of registration for the Software and the payment of the fee shall entitle you to one year's use of the Software unless specified otherwise.
3.4 If you fail to make any payment in respect of the Licence Fee within 60 days of the date such payment becomes due we shall delete all data you have uploaded to the Software, following which it shall be unrecoverable.
We shall irrecoverably delete all data if you do not pay any amount due within 60 days.
3.5 Unless otherwise specified, the price you pay on registration for the Software entitles you to a licence of the Software for the period of one year, commencing on the date of Registration, which can be renewed in subsequent years upon payment of the relevant renewal fee in force at the time of renewal.
4. Intellectual property rights
You can renew your licence of the Software by paying the relevant renewal fee.
4.1 You acknowledge that all intellectual property rights in the Software, our site throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software, our site other than the right to use them in accordance with the terms of this Licence.
4.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
All intellectual property rights in the Software and our website belong to us and we do not give you any rights other than the right to use them under these Terms.
4.3 The identifiable information you upload to the Website or the Software shall remain the property of the relevant school and we shall have no rights in such data except in an anonymised or aggregated format, in which case we shall own the intellectual property in the data we have collected.
The relevant school shall retain ownership of identifiable information and we shall own the intellectual property in anonymised and aggregated data.
4.4 The integrity of the Software Tool is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the Software Tool are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor to apply, manufacture for sale, hire, import, distribute, sell, nor let, offer, advertise or expose for sale or hire, nor have in your possession for private or commercial purposes, any means whose sole intended purpose is to facilitate the unauthorised removal or circumvention of such TPM.
5. Your obligations
5.1 As a user of the Software you warrant that:
(a) you acknowledge that the Software is designed and intended to be used in the United Kingdom and you warrant that you are based in the United Kingdom and shall not knowingly be transferring data from or to any other country through the Software;
You shall comply with all data protection requirements, laws and our content standards when using the Software.
(b) you shall comply with any relevant school's data protection policy and the Data Protection Act 1998 in all respects whilst using the Software;
(c) you shall comply with our contents standards set out below;
(d) you shall comply with all local laws, including privacy laws;
(e) you shall keep your log-in details confidential; and
(f) you shall comply with all reasonable requests for information by any parent in respect of their child which is transferred through the Software in accordance with your school's policy and shall indemnify us in respect of any breach, and shall indemnify us in respect of any breach.
6. Department/school package
6.1 Where you are using the Licence under a departmental or school package your department or school will have appointed an administrative user (Administrator) to monitor and manage the use of the Software who will be responsible for the day to day management of your use of the Software.
If you are using a departmental or school package of the Software the appointed Administrator shall be responsible for your use of the Software and providing you with assistance.
6.2 If you have a problem with the Software you should refer it to the Administrator in the first instance.
6.3 The Administrator shall be responsible for managing the individual user's use of the Software and ensuring compliance with the Licence and these Terms.
6.4 If there is a problem with the Software which cannot be resolved by the Administrator, the Administrator shall refer it to us through the online helpdesk or by email or telephone to the contact details provided at the time of registration.
6.5 Once a student leaves the relevant school you shall be entitled to export the information held in respect of such student through the Software.
6.6 Upon the expiry of one year following this date a student leaves the relevant school we shall anonymise all of the data held in respect of such student and will no longer be able to access this in a personally identifiable form.
7. The Software and our site
7.1 The Software and our site are provided "as is" and on an "as available" basis and we reserve the right to withdraw, suspend or amend the Software or our site without notice. We will not be liable if for any reason the Software or our site are unavailable at any time or for any period. We give no warranty that the Software or our site will be free of defects and/or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose accuracy of information compatibility and satisfactory quality.
7.2 We accept no liability for any disruption or non-availability or the Software or our site resulting from external causes including, but not limited to, ISP equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7.3 From time to time we may restrict access to some parts of the Software or our site to users who have registered with us.
7.4 If you chose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures upon registration for the Software, you must treat such information as confidential, and you must not disclose it to any of third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions if these Terms.
We accept no responsibility for any disruption caused by external factors and the Software and our website are provided "as is".
7.5 You are responsible for making all arrangements necessary for you to have access to the Software or our site. You are also responsible for ensuring that all persons who access the Software or our site through your internet connection are aware of there Terms, and that they comply with them.
You must arrange your own internet access and hardware for use of the Software.
8.1 If you require technical support in respect of the Software this can be obtained through our online helpdesk where your problem can be logged.
We have an online help desk at support.rewardsystem.org
8.2 The data that we collect from you through the Software will be stored on our secure servers based in the United Kingdom with fire walled server infrastructure and swipecard only access to the data centres.
8.4 We use SSL encryption with forward secrecy where it is available and store the information we collect in encrypted databases.
8.5 The members of our staff who can access the data are limited to those for whom it is necessary and all such staff have a valid UK Disclosure and Barring Service (formerly CRB) check.
9. Limited warranty
The information held by us will be stored on secure servers with strict security measures in place. The information will be encrypted and our staff will have limited access to it.
9.1 We warrant that the Software will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described for a period of 90 days from the date of first access of the Software (Warranty Period).
9.2 If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the description of its functions, we will, at our sole option, either repair or replace the Software, provided that you make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
9.3 The warranty does not apply:
(a) if the defect or fault in the Software results from you having amended the Software;
(b) if the defect or fault in the Software results from you having used the Software in contravention of these Terms;
9.4 If you are a consumer, this warranty is in addition to your legal rights in relation to Software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. Prohibited uses
The Software will operate as it is intended to and if it doesn't and you notify us we will fix it if you haven't caused the error.
10.1 You may use the Software and our site only for lawful purposes. You may not use the Software or our site:
You may not use the Software or our website in a way which is illegal, fraudulent, technically abusive or could cause harm to children.
(a) in any way that breaches any applicable local, national or international law or regulation.
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) for the purpose of harming or attempting to harm minors in any way or in any way which would result in such harm to minors.
10.2 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
10.3 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
10.4 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
11. Content standards
11.1 These content standards apply to any and all material which you contribute to the Software or our site, including information about a child's behaviour or activities (contributions), and to any interactive services associated with it.
11.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
11.3 Contributions must:
(a) be accurate (where they state facts).
(b) be genuinely held (where they state opinions).
(c) comply with applicable law in the UK.
11.4 Contributions must not:
(a) contain any material which is defamatory of any person.
(b) contain any material which is obscene, offensive, hateful or inflammatory.
(c) promote sexually explicit material.
(d) promote violence.
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) infringe any copyright, database right or trade mark of any other person.
(g) be likely to deceive any person.
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) promote any illegal activity.
(j) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
(k) be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) give the impression that they emanate from us or another person, if this is not the case.
(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
11.5 We do not monitor or moderate any contributions uploaded to the Software and we expressly exclude our liability for any loss or damage arising out of use of the Software in contravention of our content standards.
12. Suspension and termination
You must be sensible about the content you upload and have to comply with our content standards.
12.1 We will determine, in our discretion, whether there has been a breach of our prohibited use terms or content standards through your use of the Software or our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
12.2 Failure to comply with the prohibited use terms or content standards above constitutes a material breach of these Terms and may result in our taking all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use the Software or our site.
(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to the Software or our site.
(c) Issue of a warning to you.
(d) Suspend or terminate your account.
(e) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(f) Further legal action against you.
(g) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12.3 We exclude liability for actions taken in response to breaches of our prohibited use terms or content standards. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
13. Uploading content to the Software or our site
13.1 Whenever you make use of a feature that allows you to upload content to the Software or our site, or to make contact with other users of the Software or our site, you must comply with the content standards set out above.
13.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We can suspend or terminate your use of the Software if you do not comply with our prohibited use terms or content standards.
13.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Software or our site constitutes a violation of their intellectual property rights, or of their right to privacy.
13.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Software or our site. The views expressed by other users on our site do not represent our views or values.
14. Limitation of liability if you are a school user
We will not be responsible for content you upload.
14.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described meet your requirements.
14.2 If you are a business customer, we only supply the Software for internal use by your business, and you agree not to use the Software for any re-sale purposes.
14.3 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
14.4 Other than the losses set out in condition 14.3(for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the total Licence Fee paid by you to us for the Software. This maximum cap does not apply to condition 14.5.
14.5 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by English law.
We will limit our liability to you the extent possible under law.
14.6 These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
15. Limitation of liability if you are a parent user
Our liability is limited to the Licence Fee paid by you to us.
15.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described meet your requirements.
15.2 If you are a consumer, we only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We limit our liability to you to the extent possible under law.
15.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence upto the amount specified in condition 15.4, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Licence.
We are only liable for foreseeable losses.
15.4 Our maximum aggregate liability under or in connection with the Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the total Licence Fee paid by you to us for the Software. This does not apply to the types of loss set out in condition 15.5.
15.5 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by English law.
Our liability is limited to the Licence Fee paid by you to us.
16.1 We may terminate the Licence immediately by written notice to you if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
16.2 Upon termination for any reason:
(a) all rights granted to you under the Licence shall cease;
(b) you must cease all activities authorised by the Licence;
(c) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
We may terminate the Licence if you breach these Terms.