Terms & Conditions

CURIOSITY LEARNING LTD Terms and Conditions

Last updated: 1 January 2019

You agree to accept and abide by Curiosity Learning Ltd (CLL) Terms and Conditions for the use of and making available of 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 Organisation or individual who is either: (i) a teacher or a member of staff employed or engaged by the Organisation; or (ii) a child enrolled at the Organisation or being a direct family member of the Organisation (iii) any other party or individual or user acting on behalf of another individual or any party deemed to be appropriate by CLL. In the case of an individual, the Authorised User is inclusive of direct family members only and does not extend

Curiosity Club: the Challenge, Express and Teaching resources, website content, audio, visual or other digital materials, database and intellectual property, design, concept and execution. Such may be portrayed, presented, delivered or accessed by or using any of the trading styles associated with Curiosity Learning Ltd

Organisation: means the school, college or similar institution, body or individual either engaged or not 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-exclusive 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
    • 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 or reproduce any aspect or part of Curiosity Club unless expressly agreed in writing with CLL;
      • Display or distribute any aspect or part of Curiosity Club 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 or monetary gain other than as teaching and learning resources within the Organisation and in accordance with the license granted.
    • 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 an approved CLL website with the relevant login details for which the Authorised User takes responsibility.
    • 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, work, 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 in the first instance to contact CLL if any errors or inaccuracies are discovered or occur during usage.
    • Authorised Users must not upload viruses or malware of all types including Trojans. Such action may result in a liability by the Organisation and the Authorised User
    • Any Personal Data provided to CLL will be maintained in a manner that is fully compliant with the relevant data protection requirements.
    • The Organisation agrees to compensate for any losses, damages, fines arising from any breach by it and/or its Authorised Users.
    • Organisations and Authorised Users will not include, upload, transmit, distribute or engage in any manner with any inappropriate or illegal content. Should any such content be discovered or found within CLL then it must be reported at once and in the first instance to CLL using the e-mail:   john@gocuriosity.com with the email marked ‘high importance’ and the subject marked ‘URGENT ACTION NEEDED’
    • By using and engaging with Curiosity Club you agree that CCL have the right to manage or edit any material submitted and that CLL are under no obligation to include any material of any nature if CLL deem it to be inappropriate. As part of this obligation, CLL may moderate material submitted prior to it being made publicly available.
    • Any moderation or non-moderation carried out by CLL does not take away the responsibility or legal liability of the Organisation or the Authorised User relating to any material submitted and such liability remains with the Organisation or Authorised User that submitted the material in the first instance.
  1. Our Obligations
  2. We will:
    • Ensure, as far as is practically possible, that Curiosity Club is accessible via the approved CCL websites or other methods of delivery and is available to Authorised Users within their licence period;
    • 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;
    • 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.
  3. 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.
  4. The Organisation will be notified of any withdrawal as soon as possible.
  5. In the case of interruption of service or withdrawal of service, CLL is under no obligation to provide alternatives and any claims for compensation are limited to the initial value of the licence with a deduction made for any service delivered.
  1. Data Protection and Privacy
    • It is necessary for Authorised Users to provide us with Personal Data (e.g. name, email address and school where applicable).
    • 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
    • Organisations and 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 Organisations or Authorised Users for:
      • Loss or damage, including loss of 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 or Authorised User 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 Authorised User or CLL may terminate these Terms if either side is in breach of these Terms and Obligations; parties are to be notified of termination in writing 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.
    • The Organisation or Authorised User may, at any time, terminate the licence by giving 30 days notice in writing to CLL. In such case all parties will seek to reach an amicable agreement regarding the balance of the Licence fee dependent on the trading style and exact nature of the licence that has been issued as defined by the invoice issued or the sale concluded by CLL at the time of agreement of the Licence. 
    • In the case of Termination, in the case that the full content and obligation of the trading style was accessible and delivered immediately on payment of the licence fee, there is to be no refund.
  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 or the Authorised User 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 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 the account and all content associated to the 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.