Terms of Use

myEVOLVE - Terms of Use

eduFOCUS Limited provide the myEVOLVE services (including the online consent services) available on this website ("My EVOLVE").

The terms and conditions set out below (together with the documents referred in them) set out the terms on which you may use the My EVOLVE Services(the "terms").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE MY EVOLVE SERVICES. BY USING THE MY EVOLVE SERVICES, YOU CONFIRM THAT YOU ACCEPT THE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE MY EVOLVE SERVICES.

1. Other applicable terms

1.1. The terms set out below incorporate the eduFOCUS Global Data Privacy and Security Policy and our Cookie Policy. These set out the terms on which we process any personal data we collect from you, or that you provide to us, and information about our use of cookies on the My EVOLVE Services. By using the My EVOLVE Services, you consent to such processing and you warrant that all data provided by you is accurate.

2.               Information about us

2.1.           We are a company registered in England and Wales under company number 05987706 and have our registered office at 1 Vicarage Lane, Stratford, London E15 4HF. Our VAT number is 894053602.

2.2.           To contact us, please email info@edufocus.co.uk.

3.               Your account and password

3.1.           When you register as a user you will choose a user identification password as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

3.2.           We have the right to disable any user account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms.

3.3.           If you know or suspect that anyone other than you knows your user password you must promptly notify us at info@edufocus.co.uk.

4.               Accessing the My EVOLVE Services

4.1.           The My EVOLVE Services are made available to you free of charge.

4.2.           We do not guarantee that the My EVOLVE Services, or any content on it, will always be available or be uninterrupted. Access to the My EVOLVE Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the My EVOLVE Services without notice. We will not be liable to you if for any reason the My EVOLVE Services are unavailable at any time or for any period.

4.3.           You are responsible for making all arrangements necessary for you to have access to the My EVOLVE Services.

4.4.           You may use My EVOLVE Services only for lawful purposes.

5.               No reliance on information

5.1.           The content provided via the My EVOLVE Services is provided to us by our customer (i.e. the school and/or Local Authority). It is the school's and/or Local Authority's responsibility to ensure that such content is accurate and up-to-date. We make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up-to-date. If you have any queries or concerns about the validity of such content please contact the school or Local Authority immediately.

6.               Limitation of our liability

6.1.           The My EVOLVE Services are provided by us in accordance with the instructions provided to us by our customer (i.e. the school and/or Local Authority). Consequently, you acknowledge and accept that the following is the responsibility of the school or local authority and not the responsibility of eduFOCUS:

6.1.1.          ensuring appropriate and sufficient information technology communications infrastructure is in place to run the My EVOLVE Services (including hardware, software and communication bandwidth);

6.1.2.          ensuring that the My EVOLVE Services are provided in accordance with all applicable procedures, polices, guidelines, regulations or laws that may apply (including those related to data protection, educational visits, safeguarding, the giving of parental consent, information sharing and consent, acceptable use of ICT and health and safety);

6.1.3.          ensuring that the school and/or Local Authority complies with all applicable procedures, polices, guidelines, regulations or laws that may apply (including those related to data protection, educational visits, safeguarding, the giving of parental consent, information sharing and consent, acceptable use of ICT and health and safety);

6.1.4.          customisation and use of the My EVOLVE Services and ensuring that such customise and use is in line with all procedures, polices, guidelines, regulations or laws that may apply (including those related to data protection, educational visits, safeguarding, the giving of parental consent, information sharing and consent, acceptable use of ICT and health and safety);

6.1.5.          ensuring that correct data is input or imported into the My EVOLVE Services correctly (including email addresses, telephone contact numbers and all other information);

6.1.6.          ensuring that appropriate copies and back-ups data and information have been taken; and

6.1.7.          ensuring that appropriate permissions and access controls are used in respect of the My EVOLVE Services. This includes such appropriate permissions and access controls to ensure: (a) no unauthorised access to the data and information; (b) any authorised access does not breach any procedures, polices, guidelines, regulations or laws that may apply (including those related to data protection, educational visits, safeguarding, the giving of parental consent, information sharing and consent, acceptable use of ICT and health and safety); and (c) access is made available to you as required. 

6.2.           Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

6.3.           To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the My EVOLVE Services or any content on it, whether express or implied.

6.4.           We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

6.4.1.          use of, or inability to use, the My EVOLVE Services; or

6.4.2.          use of or reliance on any content displayed via the My EVOLVE Services.

6.5.           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 your use of the My EVOLVE Services or to your downloading of any content from it, or on any website linked to it.

7.               Third party information provided via the My EVOLVE Services

7.1.           The My EVOLVE Services makes information available which is provided by our customers (i.e. schools and/or Local Authorities). This may include documents and links to other websites. We have no control over such content and we assume no responsibility for it. We will not be liable for any loss or damage that may arise from your use of this information.

8.               Viruses

8.1.           We do not guarantee that the My EVOLVE Services will be secure or free from bugs or viruses.

8.2.           You are responsible for configuring your information technology, computer programmes and platform in order to access the My EVOLVE Services. You should use your own virus protection software.

8.3.           You must not misuse the My EVOLVE Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the My EVOLVE Services, the server on which the My EVOLVE Services are hosted or any server, computer or database connected to the My EVOLVE Services. You must not attack the My EVOLVE Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the My EVOLVE Services will cease immediately.

9.               Intellectual property rights

9.1.           We are the owner or the licensee of all intellectual property rights in the My EVOLVE Services. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

10.             Breach of these registered user terms

10.1.         We will determine (in our sole discretion) whether there has been a breach of these terms through your use of the My EVOLVE Services. When a breach of these terms has occurred, we may take such action as we deem appropriate, including (without limitation):

10.1.1.        immediate, temporary or permanent withdrawal of your right to use the My EVOLVE Services;

10.1.2.        issue of a warning to you;

10.1.3.        further legal action against you;

10.1.4.        disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

11.             Changes to the My EVOLVE Services

11.1.         We may change the My EVOLVE Services at any time.

11.2.         We do not guarantee that the My EVOLVE Services, or any content on it, will be free from errors or omissions.

12.             Changes to these terms

12.1.         We may revise all or any part of these terms at any time by amending this page.

12.2.         Please check this page from time to time to take notice of any changes we have made, as they are binding on you.

13.             Applicable law

13.1.         These terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales .

 


© eduFOCUS Ltd 2019
© eduFOCUS Limited 2019