TERMS AND CONDITIONS UNDER WHICH THE EARWIG ACADEMIC TIMELINE FACILITY IS PROVIDED

Earwig Academic Reporting Ltd provides two core facilities to educational establishments in the UK. These are :

To upload, record, edit and manage documents, images, audio and video files using smartphones and other computing devices and to present this data in a useful and appealing way to a closed user group of parents and school staff, over the internet.

To sell and fulfil orders for the images and video clips produced by this process, on behalf of the educational establishments operating the Earwig service.

The full Terms and Conditions for the provision of these services can be found on the website of Earwig Academic Reporting Ltd which is at www.earwigacademic.com.

The Terms and Conditions laid out below are those upon which Pupils, Parents, Guardians, School Staff and others authorised by Earwig Academic reporting Ltd or its client schools use the Service provided through the Earwig Website.

DEFINITIONS

The Company – Earwig Academic Reporting Ltd. Registered No. 08304947.

Earwig – refers to both Earwig Academic Reporting Ltd and the Earwig image, video and report viewing platform with its image and video purchasing facility.

Earwig Website – the website located at www.earwig.uk.com

School – the term ‘school’ in this context means any type of educational establishment which subscribes to the Earwig service.

School Administrator – refers to those people who have been given system administration to administer the Earwig platform on behalf of a specific school by Earwig.

Pupil – the term pupil includes anyone, of any age who is receiving education of any sort from an educational establishment which subscribes to the Earwig system.

Parent – the term ‘parent’, in this context, refers to parents, guardians or others recognised by the relevant schools as being responsible for one or more of their pupils.

School Staff – refers to those people who have been given Earwig logins by a School Administrator which provide them with the right to add media to Earwig and to create Earwig records.

Record – an Earwig record is a short report created by a School Staff member, supported by images or video and associated with a specific set of Pupils.

Timeline – a timeline in this context is a time-based presentation of a series of Earwig Records.

Earwig Account Holder – any person who holds a valid login to the Earwig academic timeline facility.

The Service – the facility to take photos and video using a smartphone or tablet application, to create Records from these and to present these to Earwig Account Holders in the form of a Pupil, class or subject specific Timeline. Also to offer for sale and fulfil orders for images, photos, video clips and compendiums of these.

No-one may access the facilities provided at this website without a login provided the relevant school or by Earwig. Parents and Pupils are only able to see the Earwig Records and Timelines which relate to them or their children.

There are no charges to Pupils, Parents or School Staff for access to Earwig Records, images videos or Timelines via the Earwig Website.

The images featured on the Earwig Website are the property of Earwig Academic Reporting Ltd and may not be reproduced in any form without payment to the company of the charge specified Earwig Website.

The forms in which images and video may be acquired from Earwig and the charges for these are specified on the Earwig website and may be changed at any time without notice.

Earwig will do its utmost to ensure that the images, data and Records acquired through the Earwig application are stored securely and will be available to Earwig customers for many years to come. However, Earwig reserve the right to close their website or to close specific accounts subject to providing 30 day’s notice to affected account holders by email.

In the event that Earwig ceases to store Records, Account Holders will be given the opportunity to acquire digital copies of the Records.

Earwig will try to ensure the accuracy and quality of the Service, the Service is provided on an “as is” basis and (i) we do not accept responsibility for any use of or reliance on the Service or for any disruptions to or delay in the Service; and (ii) we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Service.

Earwig reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with 30 days’ notice. Earwig reserves the right to change the amount of any fee or charge and to institute new fees or charges at any time for any part of the Service, effective 30 days after Earwig has notified Account Holders of these changes. You agree that The Company shall not be liable to Account Holders or to any third party for any modification, suspension, or discontinuance of the Service. Your continued use of the Service after any such changes will indicate Account Holders acceptance of the changes.

Earwig, in its sole discretion, may terminate Account Holders use of the Service without notice if Earwig believes that Account Holders have violated or acted inconsistently with the letter or spirit of this Agreement.

Earwig gives Account Holders a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to Account Holders by The Company as part of the Service. This license is for the sole purpose of enabling Account Holders to use and enjoy the benefit of the Service, in the manner permitted by these Terms.

Earwig retain the exclusive copyright for all the content created using the Earwig Service and have the sole right to reproduce this in any form. No-one may reproduce, display or distribute any element of the Earwig content without the written consent of Earwig and the payment of an agreed royalty.

Earwig trademarks, logos and Timelines are Copyright and may not be reproduced in any form without the written consent of Earwig. It is Earwig’s policy to respond vigorously to any copyright infringement and seek whatever redress and remedies may be available to the company through the application of international intellectual property law. Any attempt by any entity to reproduce any combination of the Services or to offer an alternative version of the Service will result in an action for passing off.

Earwig’s PRIVACY POLICY explains how Earwig treats Account Holders personal information, and protects Account Holders privacy. Account Holders agree to the use of their data in accordance with Earwig’s PRIVACY POLICY.

You agree and understand that Account Holders are responsible for maintaining the confidentiality of passwords associated with any account used to access the Service. Account Holders agree that they will be solely responsible to Earwig for all activities that occur under their account logins.

If Account Holders become aware of any unauthorized use of Account Holders passwords or of any other breach of security, Account Holders agree to notify Earwig immediately. The Company is not liable for any loss or damage arising from Account Holders failure to comply with any of the foregoing obligations.

You agree to defend, indemnify, and hold harmless The Company, and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including legal fees) arising out of Account Holders activities in connection with Account Holders unauthorized use of the Service.

Our website may contain links to other websites for Account Holders convenience. Those sites will have their own policies regarding privacy, which Account Holders should review before using them. We bear no responsibility for linked or associated websites or services and do not recommend or endorse any products or services offered by them. These links are provide solely for Account Holders’ convenience and information

Prices for specific form of membership or other elements the Service are provided at the point of purchase. You will be asked to supply certain information applicable to any purchase on the Service, including, without limitation, credit card and other information. You understand that any such information will be treated by us in the manner described in our PRIVACY POLICY. You agree that all information that Account Holders provide to us will be accurate, current, and complete. You agree to pay all charges incurred for purchases made in connection with Account Holders’ user name and/or account at the price(s) in effect when such charges are incurred, by credit or debit card.

We reserve the right to assign or transfer our rights and obligations under this Agreement to any person who agrees to assume and comply with all the obligations set out in this Agreement. This Agreement is personal to Account Holders and, as a result, Account Holders may not without the written consent of Earwig assign or transfer any of Account Holders’ rights and obligations under this Agreement.

If any part of this Agreement is found by a court to be invalid or unenforceable, the enforceable sections of this Agreement will remain binding upon the parties.

This constitutes the entire agreement between Account Holders and Earwig with respect to Account Holders’ use of the Services.

Notices to Account Holders may be made via either e-mail or regular mail. Earwig may also provide notices of changes to this Agreement or other matters, by displaying such notice on the Earwig Website..

This Agreement shall be governed by and construed in accordance with the laws of England and any disputes in relation to this Agreement shall be heard by the English courts.