TERMS FOR END USER LICENCE
Please read before using Gooseberry Planet Apps, Gooseberry School, Gooseberry Guru or Gooseberry Safeguarding CPD (individually or together referred to as “Platform” or “Platforms” as appropriate).
We may occasionally update these terms at any time so please refer back to them when you use the 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 and GP 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 respective Privacy Policies. 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 and GP using your data for the purposes of providing the Platforms, as further set out in our respective Privacy Policies.
By registering or allowing children to use the Platform, you confirm that you have obtained consent from the children’s parents or legal guardians for their child to use the Platform as part of your lessons and for us and GP to use their data for the purposes of providing the Gooseberry School apps as further set out in our and GP’s Privacy Policies.
The Apps and Gooseberry School are provided as general learning aid. 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 CPD are provided as general learning aids. They are not intended to be, and should not be used as, a substitute for any aspect of the school or organisation’s statutory responsibilities.
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.
The 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 Apps or licence to use the Platforms (if they are not a free app or licence), 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 and GP’s Privacy Policies, which are incorporated by reference).
You may download the App onto a single mobile telephone or handheld device and view, use and display the App 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 educational purposes.
Your account and password
You may be required to register your details or open an account to access some (or all) elements of the 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 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 or GP’s Privacy Policies.
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 Gooseberry Planet Limited’s 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 Gooseberry Planet Limited’s 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 Gooseberry Planet Limited’s 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 Gooseberry Planet Limited’s 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 Gooseberry Planet Limited or their 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.
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 by us (“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 or the fault of Gooseberry Planet Limited 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 Licence Restrictions, the Acceptable Use Restrictions or the Platform Provider Rules.
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.
No failure of any part or the whole of the Platforms to be suitable for your requirements shall give rise to any right or claim against us or Gooseberry Planet Limited. If despite this, you wish to make any claim, you shall do so against us and not Gooseberry Planet Limited, against whom you accept that you will have no claim in any circumstances.
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. Neither we nor Gooseberry Planet Limited will be liable for the following losses, whether direct or indirect, that result from our failure to comply with this End User Licence: loss of income, revenue, business, profits, anticipated savings, data, or waste of management or office time. However, this will not prevent claims against us 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 Gooseberry Planet Limited only provides its website, and Platforms for private and educational use and base them on the education system in England. Neither we nor they offer any guarantees, conditions or warranties that their website, or the Platforms are compliant with laws outside of the United Kingdom. You agree not to use their 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.
You can cease to use the Platforms at any time.
We may terminate this End User Licence 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.
If you wish to contact us or need to notify us of something in writing, you can contact us as follows:
- by email to:firstname.lastname@example.org
- by mail to: No 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.
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.