Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR PLATFORM, APP OR PORTAL (THE "SCHOOL HUB"). BY USING OUR SCHOOL HUB, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT USE OUR SCHOOL HUB FOR ANY PURPOSE WHATSOEVER.

In these Terms of Use, We, Our, Ourselves, Us means Bookmark Reading Charity (registered company number 11104438 and registered charity number 1177681) whose registered office is at 5-11 Regent Street St James’s, London SW1Y 4LR and You, Your or Licensee means you (and if you are using the School Hub on behalf of a legal person, business or other organisation (Organisation) includes you and also such Organisation).

By using the School Hub on behalf of any Organisation, You represent and warrant that you have all necessary capacity and authority to enter into these Terms of Use on behalf of such Organisation as a legally binding contract between such Organisation and Us and that the Organisation enters into such contract.

As part of the use of the School Hub, You may access or otherwise use on Our School Hub certain content, images, photographs, illustrations, icons, texts, video, audio, written materials, software or other content, materials or data made available via the School Hub (Data).

THESE TERMS OF USE

The main things that We care about are that Our School Hub is protected and so are the rights of Our end users.

These Terms of Use set out Our and Your respective rights and obligations relating to use of Our School Hub.

If these Terms of Use do not specifically say that You can do something in connection with the School Hub or the Data, then You cannot.

HOW YOU MAY USE THE SCHOOL HUB

You must:

  • ensure that Your use of the School Hub complies with:

    • these Terms of Use; and

    • all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant jurisdiction, government or regulatory agency or other regulatory body.

  • obtain all consents, licences, permissions and/or authorisations needed for You to access and use the School Hub or the Data and upload, use and access Data on the School Hub.

WHAT THE SCHOOL HUB MUST NOT BE USED FOR

You must not use the School Hub to send spam or to interfere with or degrade Our services in any way.

You must also not use the School Hub for any unlawful purpose or activity whatsoever, or to promote any unlawful act, or in any way which:

  • makes any private information on the School Hub publicly available;

  • causes or is intended to cause annoyance, inconvenience or needless anxiety;

  • is abusive, harmful, threatening or defamatory or may otherwise cause offence (including uploading any material that contains a virus or other malicious code);

  • does or could potentially breach a legal duty to anyone else (including a duty of confidentiality) or infringe a person’s right to privacy;

  • promotes discrimination or is likely to incite hatred; and/or

  • may infringe the intellectual property rights (e.g. copyright, trade marks, patents, database rights, know-how and design rights) of anyone else (including Ours).

You must also not:

  • distribute, license, sell, rent, lease or otherwise deal in or encumber (like a guarantee, mortgage or security interest, for example) the School Hub or any part of it;

  • modify, add to, or otherwise enhance the School Hub or any part of it;

  • copy or decompile the School Hub (in whole or in part) and shall not observe, study or test the functioning of the School Hub (or any part of it), but only so far as the same cannot be restricted by law;

  • infringe or copy Our code or content or the design of Our School Hub or any part of it; or

  • divulge or share your username and/or password to the School Hub with anyone else.

YOUR RIGHTS TO USE THE SCHOOL HUB

We grant You a non-exclusive, revocable and non-transferable licence to access and use the School Hub for engaging with volunteer programmes offered by Us and subject to the restrictions on use in these Terms of Use. This means that:

  • We can grant licences to anyone else (and retain rights to do things with the School Hub Ourselves);

  • We can decide to take the licence back from YoU

  • You are not permitted to transfer Your rights to anyone else or to allow anyone else to use the School Hub or the Data; and

  • You must (i) ensure Your registered users of the School Hub who have had their employment terminated are disabled in the School Hub, or (ii) notify Us immediately.

The licence granted to You under these Terms of Use shall include any error corrections, patches, fixes, updates, upgrades, new releases or new versions subsequently received (if any). 

If You breach these Terms of Use, Your rights to use the School Hub and the Data will automatically terminate, and We can shut down or restrict Your access. Otherwise, this licence will continue until We terminate Your use in accordance with these Terms of Use or You stop using the School Hub and the Data. Your obligations relating to data protection, security and confidentiality will continue even after the licence has ended together with any other provisions expressed or implied to survive.

YOUR RIGHTS TO USE THE DATA AND OTHER CONTENT

You accept that the Data may contain third party intellectual property rights and You shall ensure that Your use of such Data does not infringe those rights. However, if this does happen, Your permission to use Data will automatically terminate and any copies made of Data must be immediately destroyed.

We grant You a limited, non-exclusive, revocable, and non-transferable licence to view and use the Data for engaging with volunteering programmes offered by Us, provided that You shall not:

  • create permanent copies of the Data, except to the extent permitted by these Terms of Use;

  • remove, alter, or cover up any trade mark, copyright and other proprietary notices contained in the Data;

  • without Our prior written consent, make derivative works of, or commercially distribute or otherwise exploit the Data, or use the School Hub or any Data in a way that inaccurately suggests an association between You and Us or Our licensors; or

  • otherwise use or exploit the Data in any way for any purpose except as specifically permitted by these Terms of Use.

You grant Us a royalty-free, perpetual, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display any content or material that You provide to Us through the School Hub, including end user content or material.

YOU ACCEPT AND UNDERSTAND THAT ANY DATA, CONTENT OR MATERIAL (INCLUDING END USER CONTENT OR MATERIAL) THAT YOU UPLOAD, ADD OR PLACE ON THE SCHOOL HUB IS YOUR RESPONSIBILITY. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY DATA, CONTENT OR MATERIAL YOU UPLOAD ON THE SCHOOL HUB. WE ARE NOT RESPONSIBLE FOR ANY INAPPROPRIATE DATA, CONTENT OR MATERIAL UPLOADED TO THE SCHOOL HUB BY YOU OR ANOTHER USER, INCLUDING ANY SUCH DATA, CONTENT OR MATERIAL THAT IS DEFAMATORY IN NATURE.

YOU ACCEPT AND UNDERSTAND THAT ANY COMMENTS OR FEEDBACK EXPRESSED ON OR UPLOADED TO THE SCHOOL HUB DO NOT NECESSARILY REFLECT OUR VIEWS OR OPINIONS AND WE ARE NOT RESPONSIBLE AND WILL NOT BE LIABLE FOR ANY SUCH COMMENTS OR FEEDBACK.

OUR RIGHTS

We have the right at any time to access Your account and to monitor Your use of Your account to ensure You are complying with these Terms of Use.

Except for Your right to use the School Hub and Data as specifically granted above, all intellectual property rights in and to the School Hub and the Data are Ours and remain Ours (or Our licensors’).

If You acquire any intellectual property rights (for example, trade marks, patents, copyright, designs, domain names and rights in software (registered or not)) in the School Hub or the Data, You shall transfer these rights (both existing and future) with full title guarantee to Us or anyone else We nominate (or You will make this happen immediately). You shall sign all documentation and do such things as We think necessary to transfer those rights.

You accept and understand that the School Hub and the Data contain confidential and proprietary information and You shall not conceal, modify, remove, destroy or alter in any way any of Our proprietary markings on or in the School Hub, the Data or any related materials and documentation.

OUR TRADE MARKS AND BRANDING

All trade marks, logos and service marks (the Trade Marks) which appear on the School Hub are Our registered and unregistered Trade Marks or are licensed for use by Us by the owners of those Trade Marks.

Other Trade Marks are proprietary marks and are registered to their respective owners.

Nothing contained on the School Hub should be construed as granting any licence or right to use any Trade Marks displayed on the School Hub without Our written permission. Any such use (if agreed) must be strictly in compliance with Our brand guidelines.

Misuse of any Trade Mark displayed on the School Hub, or any other content on the School Hub, except as provided herein, is strictly prohibited.

WARRANTIES, REPRESENTATIONS AND DISCLAIMERS

You promise that Your use of the School Hub will not infringe Our rights or anyone else's, nor will it breach any applicable laws or regulations.

To the maximum extent permitted by applicable law, You accept that the School Hub is provided on an ‘AS IS’ basis and that:

  • the School Hub may not be free of bugs or errors and that the existence of minor bugs or errors shall not constitute a breach of these Terms of Use;

  • You remain responsible for Your own hardware, content and any other data uploaded through the School Hub;

  • We accept no responsibility for any liability that arises in connection with anyone else unlawfully obtaining access to Your account in order to abuse the nature and intent of the School Hub (although this does not include where We obtain access to Your account as We are permitted to under these Terms of Use), unless such unlawful access has resulted from any acts or omissions on our part; and

  • We accept no responsibility for any liability that arises in connection with the theft of Your username or password by unauthorised third parties.

We do not promise that the School Hub shall be:

  • uninterrupted or error free; or

  • compatible with third party software or equipment.

Any promises that We make (and We are not saying that We are, unless We have to by applicable law) depend on You using the School Hub in compliance with these Terms of Use, and We shall not be liable, nor be required to fix, any problem arising from:

  • any modification made to any part of the School Hub by anyone other than Us without Our express prior written consent; or

  • any defect or error wholly caused by any equipment or third party software used in connection with the School Hub.

SUBJECT TO WHAT IT SPECIFICALLY SAYS IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS:

  • MAKE NO OTHER PROMISES OR REPRESENTATIONS AND DO NOT AGREE TO ANY OTHER TERMS AND CONDITIONS (EXPRESS, IMPLIED OR STATUTORY) IN RELATION TO THE SCHOOL HUB OR THE DATA; AND

  • SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY VIRUS OR OTHER MALICIOUS CODE.

LIABILITY

WE EXCLUDE AND/OR LIMIT OUR LIABILITY TO THE MAXIMUM POSSIBLE EXTENT THAT WE ARE PERMITTED TO UNDER APPLICABLE LAW.

WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, GOODWILL, OR REVENUE, ANY WASTED EXPENDITURE, OR ANY LOSS OR CORRUPTION OF DATA (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL), OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER, ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE WERE AWARE OF THE POSSIBILITY THAT SUCH LOSS OR DAMAGE MIGHT BE INCURRED BY YOU.

WE DO NOT EXCLUDE OR LIMIT ANY LIABILITY TO THE EXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED BY LAW (SUCH AS FRAUD, FRAUDULENT MISREPRESENTATION, OR PERSONAL INJURY RESULTING FROM OUR OR OUR EMPLOYEES’ NEGLIGENCE OR WILFUL DEFAULT).

UPDATES TO THE SCHOOL HUB AND THESE TERMS OF USE

We may make changes to the School Hub at any time and for any reason. If any change We make is not acceptable to You, stop using the School Hub – Your continued use of means that You accept any changes that are made.

We are entitled to modify or add to these Terms of Use at any time, and they are accessible here.

By using the School Hub after We have posted the updated terms, You are agreeing to the updated terms. If You do not agree to the updated terms, You should not continue to use the School Hub.

HOW YOU CAN CONTACT US

If you have any questions or comments about these Terms of Use or the School Hub generally, please contact us by email at info@bookmarkreading.org

GOVERNING LAW

These Terms of Use are governed by and are interpreted in accordance with English law and are subject to the non-exclusive jurisdiction of the English courts.