This website and the services and software within it ("the website" and "the Services") are the property of Atkey Solutions Limited ("Atkey Solutions", "we", "us" or "our") (Company Number 03927663) whose registered office is at Howard Buildings, 69-71 Burpham Lane, Guildford, Surrey GU4 7NB.
- 2.1 These Terms apply to all use of this website and the Services. Please read them carefully and make sure you understand them before you use the website.
- 2.3 To the extent that these Terms conflict with the terms of the Software Licence Agreement, the terms of the Software Licence Agreement shall prevail. Any user of the Service must comply with the terms of the Software Licence Agreement.
- 2.4 We may change these Terms at any time. Any changes will take effect on the date they are posted onto the website.
Third Party Websites
Use of this website
- 4.1 This website is for use as a professional teaching facility by UK residents over the age of 18 only.
- 4.2 You may only use the website for legitimate purposes and are forbidden to use the website to:
- 4.2.1 send "spam" or other unsolicited bulk e-mail either directly or indirectly; and/or
- 4.2.2 hack into any part of the website and/or third party website
- 4.2.3 access, download, copy, publish, distribute or disseminate any material which:
- (a) violates a law or regulation (such as libel, slander, invasion of privacy, harassment, incitement to racial or religious hatred or the infringement or misappropriation of another party's intellectual property rights such as copyrights, trademarks, and trade secrets);
- (b) threatens the integrity of any network or computer system (such as transmission of worms, viruses and other malicious codes);
- (c) attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
- (d) otherwise degrades or interferes with other users' use of a Service;
- (e) violates generally accepted standards of internet or other network conduct and usage such as denial of service attacks, web page defacement, port and network scanning and unauthorised system penetration; or
- (f) is for third party use, or discloses the proprietary material of Atkey Solutions to third parties.
- 4.3 Any information that you give, either to us or to any third parties to whom you are referred or come into contact with as a result of this site, either directly or indirectly shall not be defamatory, deceptive, false, misleading, inaccurate or fraudulent.
- 5.1 If you enter any agreement with any third party, as a result of any referral by us to such third party, or as a result of you using any link from this website to any third party website, you agree to abide by any terms and conditions relating to any such agreement.
- 6.1 We make no warranty that the Service or the operation of the website shall be uninterrupted, timely, secure or error-free. We reserve the right to suspend or terminate the Service or website from time to time. Although we have taken care in preparing of the contents of this website, we do not provide any warranties of any kind. As far as the law permits, we exclude all such warranties, express or implied. We do not warrant that the information in this website is accurate or complete. We will not be responsible for checking that the information is accurate or complete, or if any person relies on the information.
- 6.2 Please note that the information provided to you on the website, could include technical inaccuracies or typographical errors. Changes are periodically added to this information. We may make improvements and/or changes in or to the website.
Intellectual property rights
- 7.1 You agree that all intellectual property rights whether registered or unregistered throughout the world and future or existing including all copyrights trade marks,patents,design rights and database rights or any similar rights in or arising from this website or the Service including this website's design, text, graphics, know-how, their selection and arrangement, and in all software compilations, underlying source code, software and all other material on the website.and their use shall at all times be vested in or licensed to us. In the event of you acquiring any such rights you agree to assign to us or our nominee with full title guarantee all right, title, interest in the same to us and to promptly do all such things and sign all documents or instruments necessary to vest the rights in us or our nominee and/or to defend the rights. You agree to waive all moral rights.
- 7.2 Save for the making of a hard copy print record for personal use, you are not permitted to copy, broadcast, download, store (in any medium), transmit, adapt or change in any way the content of this website or the Service or any materials provided or used for any purpose other than incidentally as part of and to the extent necessary for the use by you of the Services through this website and in accordance with these Terms.
- 7.3 For the avoidance of doubt, you are also prohibited from copying any material in accordance with clause 7.2 above which infringes third party intellectual property rights and you will be solely responsible or any infringement of third party intellectual property rights that occurs as a result of your use of the website.
Intellectual property rights
8.1 Where a licence to use the Service has been granted the Service provides an interactive needs analysis tool designed to enable school staff to map their professional performance against the Government National Standards Framework and use prompts to set professional targets.
The website site will also enable the user's line manager to complete a review of their professional progress using the same format of online questionnaire. The line manager's review, once completed and saved, is no longer accessible by the line manager and becomes the "property" of the teacher.
The Head Teacher or an authorised administrator in school will be able to access information about groups of users in their school in relation to the training targets they have set themselves. They will not have access to full teacher reports or short reports - but they will be able for example to access all the mathematics teachers and see what competencies they are working on - what targets they have set themselves - and what outcomes they are achieving.
The information we will have on each user (teacher, line manager) will be their professional details - subjects taught, key stage, etc. along with e-mail address and school contact details - all reviews carried out by these teachers will also be on line and will therefore be stored. You agree that Atkey Solutions may look at and disclose information to third parties, in an anonymised manner for statistical and analytical purposes.
8.2 We do not hold ourselves out as giving any advice. We do not make any recommendation or endorsement as to any training programme, service or product or to any material submitted by third parties or linked to the website. In addition, we do not offer any advice regarding the nature, potential value or suitability of any particular course of action or training programme.
- 8.3 Each user of our website is responsible as a professional for using it as an assessment and review tool in the context of the information entered by the user(s) and the information on the website. For the avoidance of doubt if you are a user of the Service under a school or local authority licence you shall cease to have access to the Service, the information inputted and your portfolio unless you take out an individual licence or move to another school or local authority with a licence.
- 8.4 We may refuse you access to the Service at our discretion. We may vary the method of access to the Service or modify or withdraw any part of the Service at our discretion. We shall act reasonably in this regard.
- 8.5 In order to access the Service you shall require an access code. You must comply with our security procedures as notified from time to time. In particular you shall maintain the confidentiality of passwords and access codes. We accept no responsibility for unauthorised access caused by unauthorised use of access codes or passwords or failure to comply with our security procedures.
Exclusions of and limits on liability
- 9.2 The term "however arising" when used or referred to in this clause 9 shall cover all clauses and actions giving rise to our liability arising out of or in connection with these Terms, the website and/or the Services (i) whether arising by reason of any misrepresentation, negligence, breach of statutory duty, other tort, repudiation, renunciation or other breach of contract, restitution or otherwise' (ii) whether arising under any indemnity; (iii) whether caused by any total or partial failure or delay in performance of the website and/or the Services or by any defect in hardware, software or materials; and (iv) whether deliberate (but not with malicious intent) or otherwise, however fundamental the result.
- 9.3 The exclusions and limitations of liability contained in these Terms shall apply regardless of whether the loss or damage was foreseeable or whether you notify us of the possibility of any greater loss or damage but all such exclusions shall only apply so far as permitted by law and in particular nothing in this Agreement shall affect liability:-
- 9.3.1 for death or personal injury caused by our negligence to the extent prohibited by the Unfair Contract terms Act 1977;
- 9.3.2 for fraudulent misrepresentation or other fraud; or
- 9.3.3 for any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
- 9.4 All warranties, conditions, terms and liabilities express or implied, statutory or otherwise, on our part, in respect of compliance with descriptions, the quality or the fitness for purpose of the website and/or the Services which are not expressly set out in these Terms are excluded to the fullest extent permitted by law.
- 9.5 If any paragraph of this clause 9 shall be found by a court or competent body to be unlawful or unenforceable, the rest of this clause 9 shall be unaffected and shall remain in force.
Exclusions of and limits on liability
- 10.1 You agree to indemnify and hold Atkey Solutions its officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or any violation of any law or the rights of a third party.
- 10.2 In the event that you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- 11.1 The relationship between you and us is that of independent contractors and no agency, trust, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
- 12.1 These Terms are governed by and shall be construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English Courts. The Electronic Commerce (EC Directive) Regulations 2002 are excluded to the extent permitted by law.
- 13.1 By using the Service and by clicking the accept buttons relating to these Terms you indicate that you have read, understood and agree to abide by their respective contents. If you do not agree with or to abide by their contents you are not authorised to use our website or the Services and are requested not to use either of them any further.
- 15.1 If any part of these Terms is disallowed or held to be ineffective by any court or other competent body, the rest of the Terms shall not be affected.
- 15.2 Any variations to these Terms must be signed by an authorised signatory of our company.
- 15.3 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent.
- 15.5 If, at any time, we do not require you to comply with any provision of these Terms, this shall not prevent us from doing so in the future.
- 15.6 We may at anytime assign transfer, charge or deal in any other manner with any of our rights or obligations hereunder and may subcontract any of our obligations under this Agreement to third parties.