Terms for End User Licence

About the Gooseberry Planet Products:

GOOSEBERRY SCHOOL, our Online Education Platform is available for purchase by schools. It has 3 parallel apps: one for the student, one for teachers and one for the parent/guardian:

Gooseberry Play is a unique game app, designed to teach online safety for children between 5 and 13 years old. The child will be faced with online scenarios and will need to respond. The student learns through consequence and their own reaction rather than just listening to a teacher. It is fun but also a great educational tool. To reinforce the teaching there is an online workbook which complements the game. There are no “in-game” optional purchases.

Gooseberry Teacher sits alongside Gooseberry Play and allows the teacher to monitor their student’s responses to the game and provides a valuable opportunity to identify early, students who are potentially vulnerable. The teacher app is full of useful resources including online workbook, lesson plans, hand-outs and more.

Gooseberry School Parent (GSParent) allows the parent/guardian to see how their child is doing within the game. It includes resources, tips and advice to enable the carer to learn and be part of their child’s learning journey. It can stimulate conversations and assist parents with keeping the online home environment safe (eg. by teaching about privacy settings on computers and mobile phones).

GOOSEBERRY GURU is an online resource available for purchase by schools to enable a staff member, trained in delivery of the resource, to provide student, teacher or parent Workshops to their school or cluster of schools.

SAFEGUARDING: CONTINUING PROFESSIONAL DEVELOPMENT is an Online Training Platform based on Part 1 of HM Government’s statutory guidance, “Keeping Children Safe in Education, September 2016”.

PREVENT Continuing Professional Development is an Online Training Platform addressing the duty on schools under S. 26 of the Counter-Terrorism and Security Act 2015 to have due regard to the need to prevent people from being drawn into terrorism.

Both our Safeguarding and Prevent products (“CPD”) have been developed for school staff but may also be purchased by other organisations where safeguarding children is an issue. They allow staff to undertake training at times convenient to them and each module may be used separately and be re- visited as often as required during the term of the licence. Results of the questions in each module can be viewed by a school’s Designated Safeguarding Lead. (Our CPDs are provided as general learning aids. They are not intended to be, and should not be used as, a substitute for the school or organisation’s statutory responsibilities.)

TERMS OF USE: February 2019

Please read before using any of our Gooseberry Planet Apps, namely Gooseberry School, Gooseberry Guru or our Safeguarding or Prevent CPDs (“Apps”) and any of our other platforms or services available through our Apps, Platforms or our website, gooseberryplanet.com, (individually or together referred to as “Platform” or “Platforms” as appropriate).

These terms of use set out the terms on which you and the children in your care can use the Gooseberry Planet Platforms. Please read these terms of use carefully. By using our Platforms, you confirm that you accept these terms. References to “you” and “your” are to the parent/legal guardian or teacher (as applicable) that has registered on the Platform. The relevant school is responsible for its teacher(s) using the Platforms.

These terms refer to our Privacy Policy, which explains how we use any personal information we collect from you, or which users of the Platforms provide to us. The use of a Platform by a child is subject to the consent of their parent or legal guardian.

We may occasionally update these terms at any time so please refer back to them when you use our Platforms or our website again and we will also notify you of a change when you next access the Platform.

For parents and legal guardians

By downloading and registering to use any App, you consent to these terms and to us using your data, as well as the data of the children you register or allow to use an App, for the purposes of providing the App, as further set out in our Privacy Policy. You may only register with us the children you have parental responsibility for.

For teachers, governors, staff and other adults

By using any Platform, you consent to these terms and to us using your data for the purposes of providing the Platforms, as further set out in our Privacy Policy. Additional specific terms (Specific Terms) will also be specified on our quotation or invoice forms. Use of our Platforms by your school and your staff, governors and students is governed by such Specific Terms in addition to these terms.

By registering or allowing children to use our Platform, you confirm that you have obtained consent from the children’s parents or legal guardians for their child to use our Platform as part of your lessons and for us to use their data for the purposes of providing the Gooseberry School apps as further set out in our Privacy Policy.

The Apps and Gooseberry School are provided as general learning aids. The Apps and Gooseberry School are not intended to be, and should not be used as, a substitute for any aspect of the national curriculum or a child’s education.

The Gooseberry Guru and CPDs are provided as general learning aids. They are not intended to be, and should not be used as, a substitute for the school or organisation’s statutory responsibilities.

General use

You will be assumed to either own, or have obtained permission from the owners of, the desktop, laptop, mobile telephone or handheld devices that you download the App onto. The owner of such device may be charged for the App and may be charged for internet access. You accept responsibility in accordance with these terms for the use of the App on any device you download it onto.

You will be assumed to either own, or have obtained permission from the owners of, the desktop, laptop, or other device that you access the Platforms from. The owner of such devices may be charged for the Platform use and may be charged for internet access. You accept responsibility in accordance with these terms for the use of the Platform on any device you access it from.

Our Platforms may contain links to other independent third-party websites (“Third-party Sites“). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any).

Grant and scope of licence

In consideration of you agreeing to abide by these terms and purchasing the App or the licence to use the Platforms (if they are not a free Apps or licences), we grant you a non-transferable, non-exclusive licence to use the App on or access the Platform from your device, subject to these terms (including our Privacy Policy and Specific Terms which are incorporated by reference).

You may download the Apps onto your desktop, mobile telephone or handheld device and view, use and display the Apps on your device for your own personal purposes (in the case of a parent or guardian) or for educational purposes (in the case of a teacher or child).

You may access the Platform and view, use and display the contents on your device for non- commercial educational purposes.

We own the copyright in our Platform content including lesson plans, PowerPoints, Workbooks, results and other resources. These may be viewed online, saved electronically or printed for non- commercial, educational use during the term of your licence, but only if you keep all of them in the same form that they are presented on the Platform (including all copyright, trade mark and other proprietary notices) and only for use in your school community.

Our Platforms will give you access to a range of resources at no additional cost. We are constantly striving to improve our Platform contents and may, at any time during the term of your licence, delete, modify, improve or add to their content and tools, without notice to or consent from you.

Licences for the Gooseberry Play App are for an agreed number of students in a particular school. Gooseberry Guru is licensed for an agreed number of Gurus in a particular school. Our CPDs are a fixed price based on school size. If more than the agreed number of students or Gurus use these products, or if you or your staff allow our CPDs to be accessed by users outside your school, then we reserve the right to invoice you for the additional users at the relevant rates current at the licence commencement date and/or to seek damages or other remedies for breach of copyright.

Your account and password

You may be required to register your details or open an account to access some (or all) elements of our Platforms. If you decide to register, you undertake to complete the registration forms fully, and that all information you provide is up-to-date, true, accurate and complete.

Each registration is for a single account only, and the login details you choose when registering with us must be kept secure.

We have the right to suspend or disable your account at any time if we know or suspect that anyone other than you knows your login details, or if we believe that you have not complied with these terms or our Privacy Policy.

Licence restrictions

Except as expressly set out in these terms or as permitted by any local law, you agree to the following restrictions (“Licence Restrictions“):

(a) not to copy the Platform contents except where such copying is incidental to normal use of the Platform, 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 Platforms;

(c) not to make alterations to, or modifications of, the whole or any part of the Platforms, or permit the Platforms or any part of them to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platforms or attempt to do any such thing except to the extent that (by virtue of applicable law) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platforms 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 Platforms with another software program;

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the Platforms;

(e) to keep all copies of the Platforms secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Platforms; (f) to include our copyright notice on all entire and partial copies you make of the Platforms on any medium;

(g) not to provide or otherwise make available the Platforms in whole or in part (including object and source code), in any form to any person without prior written consent from us;

(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platforms (“Technology“);

(i) if you are a teacher, to comply with the Gooseberry School manual that we send to you upon registration; and

(j) if you become a Gooseberry Guru, to comply with the terms set out in the online resource.

Acceptable use restrictions

You must comply with the following “Acceptable Use Restrictions“:

(a) not use the Platforms in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platforms or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Platforms (to the extent that such use is not licensed by these terms);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platforms;

(d) not use the Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not collect or harvest any information or data from any use of the Platforms or

our systems or attempt to decipher any transmissions to or from the servers running any Platforms.

Intellectual Property Rights

You acknowledge that all intellectual property rights in the Platforms and the Technology anywhere in the world belong to us or our licensors, that rights in the Platforms are licensed (not sold) to you, and that you have no rights in, or to, the Platforms or the Technology other than the right to use each of them in accordance with these terms.

You acknowledge that you have no right to have access to the Platforms in source-code form.

Limited Warranty

We warrant that the Platforms will, when properly used and on an operating system for which they were designed, perform substantially in accordance with the functions described on the relevant Appstore when purchasing an App and on our website when purchasing other products (“Information“) for a period of 30 days from the date on which the relevant product is downloaded or streamed to a device (“Warranty Period“).

If within the Warranty Period you notify us in writing of any defect or fault in a Platform as a result of which it fails to perform substantially in accordance with the Information, you should contact us using the details below and we will try to fix the problem or engage third parties to try to fix the problem. If we cannot fix the relevant Platform and it is our fault that it is not working, you will be entitled to a refund of any money paid to us for use of the relevant Platform.

The warranty does not apply:

(a) if the defect or fault in the Platform results from you (or your suppliers) having altered or modified the Platform;

(b) if the defect or fault in the Platform results from you having used the Platform in breach of these terms; or

(c) if you breach any of the Specific Terms, the Licence Restrictions or the Acceptable Use Restrictions

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.

Limitation of Liability

You acknowledge that the Platforms have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platforms as described in the Information meet your requirements.

Where the Platforms have been downloaded for use in a school, you acknowledge and agree that the Platforms are provided “as is” without any guarantees, conditions or warranties as to accuracy, performance, fitness for purpose and satisfactory quality. To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute or law.

If we fail to comply with these terms, we shall only be liable to you for losses that you suffer because of our failure which are a foreseeable consequence of our failure. We will not be liable for the following losses, whether direct or indirect, that result from our failure to comply with these terms of use: loss of income, revenue, business, profits, anticipated savings, data, or waste of management or office time. However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable, or any other claims for direct loss that are not excluded.

Our maximum aggregate liability to you under or in connection with these terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1,000.

Please note that we only provide our website, and Platforms for private and educational use and base them on the education system in England. We do not offer any guarantees, conditions or warranties that our website, or the Platforms are compliant with laws outside of the United Kingdom. You agree not to use our website or the Platforms for any commercial or business purposes.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to circumstances outside of our control.

We cannot exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. Nothing in these terms seeks to limit our liability for this, or any other liability that cannot be excluded or limited by English law.

Renewal and Termination

All licensees will be issued with a notice of renewal of each licence held by them, within a reasonable period of time prior to the end of their relevant licence period. The renewal notice will set out the current number of licensed users (where appropriate), the renewal price and terms applicable to the renewal period. The licensee may cancel the agreement for the renewal period by notifying us, in writing, at least 30 days prior to the licence expiry date. If no such notice of cancellation is given, the licence will automatically renew for a further period of one year in accordance with the terms set out in the renewal notice.

We may terminate these terms and your use of the Platforms immediately by written notice to you:

(a) 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; and

(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions. On termination for any reason:

(a) all rights granted to you under these terms shall cease;

(b) you must immediately cease all activities authorised by these terms;

(c) you must immediately delete or remove the Apps from all of your devices, and immediately destroy all copies of the Apps then in your possession, custody or control and certify to us that you have done so; and

(d) we may disable the Apps on your devices and cease providing you with access to them.

Contact Us

If you wish to contact us or need to notify us of something in writing, you can contact us as follows:

  • by email to: privacy@gooseberryplanet.com; or
  • by mail to Gooseberry Planet Ltd, 2 Station Road, Hook, Hampshire RG27 9HD.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when you register for the Platforms.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control“).

If an Event Outside Our Control takes place that affects the performance of our obligations under these terms:

(a) our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavours to find a solution by which our obligations under these terms may be performed despite the Event Outside Our Control.

Other important terms

We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms.

You may only transfer your rights or obligations under these terms to another person if we agree in writing.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions under these terms operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Applicable law

These terms are governed by English law and you can bring legal proceedings in respect of the Platforms or our website in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or English courts.

Information about us

Our website and the Platforms are operated by Gooseberry Planet Ltd (“we“, “us” or “our“). We are a limited company registered in England and Wales under company number 08693988. Our registered office is at 7 Nelson Street, Southend-on-Sea, Essex, England SS1 1EH and our VAT number is GB213909320.

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