Annexure 2rms of Serv

These terms of service are a binding legal agreement between you and SeQrd Technology Limited (“SeQrd”, “we” or “us”) that govern your right to use and access the following Schools Mobile services: (i) access to the Schools Mobile device application (the “App”); and related (ii) protection from web based cyber-attacks and the ability to block certain content, in each case on a device on which the App is correctly and appropriately installed and running (collectively with access to the App, the “Services”).

By using the Services, including by installing the App, you confirm that you accept these terms of service and that you agree to comply with them.

 

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our Schools Mobileprivacy notice. You acknowledge that you have read the Schools Mobile privacy notice and will provide a copy of the privacy notice to any child (or other person) on whose device(s) the App will be installed by you.

How you may use the app, including how many devices you may use it on

You may: (i) download or stream a copy of the App onto up to 4 devices and view, use and display the App on such devices for your personal purposes only; and (ii) receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

Age

You must be 18 or over to accept these terms.  

Payment and subscription terms

The Services may be paid for by you directly or you may receive access via a school or similar organisation (a “School”) that has engaged us to make the Services available to you as a parent or guardian of a child.

Access via School. If you receive access to the Services via a School your subscription terms will be governed by and subject to the Terms and Conditions for Schools entered into between us and the School. You may still elect to pay for additional access to the Services (including where you wish to use the Services in relation to a child who is not covered by the School’s subscription). In such instances the payment and subscription terms for direct access will apply to such additional access.

Direct access. Where you are paying for the Services directly you will have the option of taking a monthly or annual subscription. For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

The monthly subscription is paid for in monthly instalments and for each month that your monthly subscription is active, you acknowledge and agree that we are authorised to charge the same payment card as was used for the initial subscription fee (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

 

The yearly subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that we are authorized to charge the Payment Method used for the initial annual subscription fee at the rate secured at the time of purchase. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

 

All prices are in pound sterling and are inclusive of VAT. Our obligation to provide the App and Services only arises when we take receipt of your order and confirm this by sending you an email. You agree to promptly notify us of any change to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. We will remain entitled to suspend access to the App and Services or terminate this agreement without notice where payment is not received.  

 

You may not transfer the App to someone else

You personally take responsibility for agreeing to use the Services and for installing the App on up to four compatible devices per child as well as installing the App on your own devices. Other than installing the App on those four compatible devices per child and your own devices, you may not transfer the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes to the Services and these terms

We may need to change the Services to make commercially reasonable updates. We will make you aware of any change that has a material impact on your use of the Services by sending you an SMS with details of the change or notifying you of a change when you next start the App.

We may also need to change these terms to reflect changes in law or best practice or to make commercially reasonable updates. We will make you aware of any change that has a material impact on your use of the Services by sending you an SMS with details of the change or notifying you of a change when you next start the App and such change shall change will become effective 30 days after notification.

If you do not accept the notified changes you must stop using the Services. Your continued use of the Services after notification will be deemed to constitute your acceptance of the change.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

Licence restrictions

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the Services, other than in accordance with these terms of service, in any form, in whole or in part to any person without prior written consent from us;
• not copy any aspect of the Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

• is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for the Permitted Objective;

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

 

 

Acceptable use restrictions

You must:

• not use the Services 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, such as viruses, or harmful data, into the App or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services;
• not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

Limitations to the App and the Services. We will use reasonable endeavours to ensure that the App is available at all times, subject to routine maintenance and that the Services will provide a level of protection from web based cyber attacks that would be reasonably expected from an operator of services the same as or similar to the Services. You acknowledge that use of the Services does not guarantee that the App will operate error free or that it will be 100% effective in providing protection from web based cyber attacks or blocking content that you deem objectionable. We are not liable to you or any third party if the App is unavailable at any time or for any period of time.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

 

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Check that the Services is suitable for you. The Services has not been developed to meet your individual requirements. Please check that the facilities and functions provided by the Services meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the Services if you break these terms

We may end your rights to use the Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Services:

• You must stop all activities authorised by these terms.
• You must delete or remove the App from all devices in your possession.
• We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

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

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

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