Terms of Service
Introduction
Welcome to Magpie Education. We are a subscription service that provides our users, typically Primary and Secondary School Teachers, with access to collaborative Planning and Authoring tools and services to Record and Assess student attainment ("Services").
By using magpie.education or any Service of Future Technology Resources Ltd, you are agreeing to comply with and be bound by the following terms and conditions (“Terms of Service”) together with our Privacy Policy.
Violation of any of the terms will result in the immediate termination of your Account and Services, with no refund.
You agree to use the Service at your own risk. The Magpie Education services are provided "as is" and "as available".
If you do not agree to these Terms of Service or Privacy Policy, you must not use any Service provided by Magpie Education.
Organizations
If you are entering into the agreement on behalf of a company, school or other legal entity, you represent that you have the authority to bind such entity, it’s affiliates and all users who access our Services through your Account to these Terms of Service, in which case “you” and “your” shall refer to such entity, it’s affiliates and users associated with it.
If you do not have such authority, or you do not agree with these terms and conditions, you must not use any Service provided by Magpie Education.
Changes to Terms Of Services
1. If we make material changes to these Terms of Service, we will notify you be email or by posting a notice on our site.
2. New features or improvements to our Services are subject to the Terms of Service and any changes.
3. Your continued use of the site constitutes your consent to any changes
Account Terms
1. You must be 18 years or older to use our Services.
2. You must provide accurate and complete registration information, including but not limited to: your name, a valid email address, your school, institute or organisation.
3. Your login may only be used by one person.
4. You are responsible for maintaining the security of your account and password. Magpie Education is not liable for any loss or damage from your failure to comply with this security obligation.
5. If you become aware of any unauthorised use of your password or account, you agree to notify us immediately.
6. You must have internet access and provide us with a current, valid, accepted method of payment in order to use our Service.
Free Trial
1. A free trial offer gives access to all modules for a period of thirty days from date of initial request.
2. The free trial access is limited to a maximum of 35 users (i.e. 1 class) and a single teacher login per school.
3. At the end of the free trial you will be offered the opportunity to convert to a subscription plan.
4. If, after a further 60 days, your trial period has not been converted to a subscription plan Magpie Education reserves the right to remove access to any and all data uploaded.
Subscriptions and Payments
1. You subscription with Magpie Education, which may start with a free trial, will continue until you cancel your membership or we terminate it.
2. Your subscription is billed in advance on a yearly basis and is non-refundable.
3. There will be no refunds or credits for partial months of service, upgrades or downgrades. In order to treat everyone equally, no exceptions will be made.
4. An upgrade from the free trial to any paid plan will immediately bill you. The paid subscription period will be extended by any unused days in your free trial.
5. Your purchase of Services are not contingent on the delivery of any future functionality or features.
6. Prices of Services are subject to change with 30 days notice, prior to the billing cycle in which the changes will take affect.
7. Any credit card, billing and payment information that you provide may be shared with companies who work on our behalf, such as payment processors or credit agencies, solely for the purposes of checking credit, making payment and servicing your account.
Cancellation
1. You may cancel your subscription at any time from the Account Settings page. You will continue to have access to our Service until the end of your billing period.
2. All of your Content will be deleted from our systems 7 days after your cancellation comes into affect. This information can not be recovered.
Termination
1. We have the right to suspend or terminate your account and refuse service for any reason at any time.
2. We will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.
Privacy
1. The Magpie Education Services shall be subject to the Privacy Policy available on our site. You agree to the use of your data in accordance with the Magpie Education Privacy Policy.
Communication Preference
1. You agree to receive communications from us, relating to your account by email. These may include, but are not limited to: payment confirmations, password changes and other transactional emails.
2. You should maintain copies of these emails for your reference.
3. We will sparingly send you Newsletters, Promotions and Feature Announcements by email. You may opt out of these emails by using the un-subscribe links at the bottom of every email.
Copyright
1. Magpie Education contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
2. You must not use any part of the materials on our sites for commercial purposes without obtaining a licence to do so from us.
3. If you breach these terms, your right to use our services will cease immediately. You must return or destroy any copies of materials you have made. No refund for any paid subscriptions will be issued, in accordance with the Cancellation terms.
4. All trade marks reproduced in this website which are not our property or are licensed to us, are acknowledged on the website.
5. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Service constitutes a breach of their intellectual property rights, or of their right to privacy.
Use of Materials
1. You may print off copies and download extracts from our Service for your personal reference or to facilitate classroom teaching.
2. If you wish to make use of any material for purposes other than that set out above, please contact info@magpie.education.
Contributions
1. We have the right to remove any material or posting you make on our Service if, in our opinion, such material does not comply with the standards set out here.
2. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Service.
3. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
4. Contributions must:
- be accurate (where they state facts)
- be genuinely held (where they state opinions)
- comply with applicable law in the UK and in any country from which they are posted.
5. Contributions must not:
- contain any material which is defamatory of any person
- contain any material which is obscene, offensive, hateful or inflammatory
- be threatening, abuse or invade another ́s privacy, or cause annoyance, inconvenience or needless anxiety
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- promote sexually explicit material; violence, illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- promote violence
- infringe any copyright, database right or trade mark of any other person
- be likely to deceive any person
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case
Links to External Resources
Links to other material or external resources from our Service do not signify that we endorse the websites or the views expressed within them.
We have no responsibility for the continued availability of externally linked resources or any reliance placed on you on these resources their completeness and accuracy.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists to another product, service or organization.
Our sites must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
Service Availability & Changes
Every effort is made to keep the website up and running smoothly. We are not liable in anyway if, for any reason, our services are unavailable at any time or for any period.
We aim to update our Services regularly, and may change the content at any time. If the need arises, we may suspend access to our sites, or close them indefinitely.
Support for Magpie Education services is only available in English, via email.
Liability
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of our Services.
The material displayed on our Services is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time;
Laws and Jurisdiction
1. You may not use our Services in any way that breaches any applicable local, national or international law or regulation.
2. You may not use our Services for the purpose of harming or attempting to harm minors in any way.
3. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Contact
You can contact us at info@magpie.education
