TERMS AND CONDITIONS UNDER WHICH THE EARWIG ACADEMIC TIMELINE FACILITY IS PROVIDED TO THE PARENTS OF CHILDREN ATTENDING EARWIG CLIENT SCHOOLS
Earwig Academic Reporting Ltd provides Schools with software to allow them to assess, track and report pupil progress in a structured way and to capture the necessary teaching evidence to support this activity.
This teaching evidence takes the form of images, text, video and documents captured in Records. These Records are presented as timelines which display Records filtered from each School’s cloud-based Record List.
Subject to payment of a published Licence Fee, Schools may provide bona fide parents and guardians of pupils at the School with online access to this facility, at their discretion and subject to the Terms and Conditions.
The Terms and Conditions laid out below are those upon which Parents may use the Earwig software. Parents receive their login details by email from Earwig. This email draws the attention of each Parent to these Terms and Conditions and makes clear that, by logging in to an Earwig Parent account, each user is confirming their acceptance of the terms herein.
Earwig – the Earwig teaching evidence and pupil assessment platform and associated Image purchasing facility developed and operated by EARL.
Earwig Website – the website located at www.earwig.uk.com
EARL – Earwig Academic Reporting Ltd. Registered No. 08304947.
Images – depending upon context may refer to any photo, video clip or document held in the Earwig system.
Parent – includes any parent, guardian or other adult recognised by the relevant school as being responsible for one or more of their pupils.
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.
Record – an Earwig record is a short report created by a User, supported by images, text, documents or video and associated with a specific set of Pupils.
School – any educational establishment or individual which subscribes to the Earwig service and therefore has an Earwig account.
School Administrator – refers to those Staff who have been given system administrator status to administer a School Earwig platform on behalf of a specific school. Ambassadors and Heads are automatically Administrators.
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, create Earwig records and use the software to assess, track analyse and report on pupil performance.
The Service – any combination of online or app-based facilities provided using Earwig software to a specific set of users at the request of a School.
Timeline – a timeline in this context is a time-based presentation of a series of Earwig Records.
User – any person who holds a valid login to an Earwig academic account.
No-one may access the facilities provided via the Earwig Website without a login provided by the relevant school or by EARL.
Each Parent is only able to see the Earwig Records and, by extension, images, which have been specifically tagged to a pupil connected to that Parent in the database of the relevant School.
There are no charges to Parents for limited access to Earwig Records or Timelines via the Earwig Website. Parents, by default, can see only those Records which are
- less than twelve months old
- approved for parent viewing by the School Staff User who created the Record.
The media featured on the Earwig Website are the property of the relevant School. Earwig holds, displays and sells these media under an exclusive licence created through the contract that EARL holds with each School.
Under GDPR legislation, the Data Controller at each School is responsible for decisions about what media parents may view, download or purchase.
EARL, as agent for each school, retains the copyright over any downloaded image. Parents, under this contract, undertake not to share these images on social media and not to distribute any image or video beyond the immediate family which contains an image of any child other than the children of the Parent.
Any School may, at its discretion, allow Parents to upload images, documents or videos into Earwig and create their own Earwig Records. These Records then form part of the school record for the relevant Pupil. By uploading images to Earwig each Parent is giving the School and EARL an open-ended licence to use the image thus uploaded for any relevant educational purpose.
The images served by Earwig online, via an app or browser, are low-resolution. Parents may buy high-resolution copies of images or video or prints of specific images, by payment of the relevant charge laid out on the Earwig website.
Parents may upgrade their Earwig account to Parent Plus on payment of an annual fee. This provides them with unlimited downloads of high-resolution images and video and access to approved records back to whenever relevant records were first created.
EARL 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 Parents in accordance with the terms of this agreement. However, EARL reserves the right to close their website or to close specific accounts subject to providing seven days’ notice to affected Users by email.
EARL will try to ensure the accuracy and quality of the Service. However, the Service is provided on an “as is” basis and (i) EARL does not make any representations as to the accuracy, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Service and (ii) EARL will not accept responsibility for any use of or reliance on the Service or for any disruptions to or delay in the Service.
EARL reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice.
EARL 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 Parents of these changes.
EARL shall not be liable to Schools or Users or to any third party for any modification, suspension or discontinuance of the Service. The continued use of the Service after any such changes by any User will indicate acceptance of the changes.
EARL, in its sole discretion, may terminate Users use of the Service without notice if EARL believes that Users have violated or acted inconsistently with the letter or spirit of this Agreement.
The security of the login details of any User are the responsibility of the person to whom they were issued. EARL gives Users a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Earwig software in accordance with these Terms for the sole purpose of enabling Users to use and enjoy the benefit of the Service, in the manner permitted by these Terms.
Parents agree that they will be solely responsible to EARL for all activities that occur under their account logins.
EARL retains, under license from each School, the sole right to reproduce Earwig Images in any form. No-one may reproduce, display or distribute any element of the Earwig content without the written consent of EARL and the payment of an agreed royalty.
EARL’s CHILD PROTECTION AND DATA PROTECTION policies explain how Earwig treats Users’ personal information and protects Users’ privacy. Parents agree to the use of their data in accordance with these policies.
If Users become aware of any unauthorized use of Users passwords or of any other breach of security, Users agree to notify EARL immediately. EARL is not liable for any loss or damage arising from Users’ failure to comply with any of the foregoing obligations.
EARL and its respective directors, officers, employees and agents will be held harmless from all claims, losses, costs and expenses (including legal fees) arising out of activities in connection with any unauthorized use of the Service.
The Earwig Website may contain links to other websites. Those sites will have their own policies regarding privacy, which Users 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 provided solely for the information and convenience of User.
Parents agree to pay all charges incurred for purchases made in connection with their Earwig account at the price in effect when such charges are incurred, by credit or debit card.
EARL reserves the right to assign or transfer their rights and obligations under this Agreement to any company or institution which agrees to assume and comply with all the obligations set out in this Agreement.
Parents may not, without the written consent of EARL, assign or transfer any of Users’ 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 Users and EARL with respect to Users’ use of the Services.
Notices to Users may be made via either e-mail or regular mail. EARL 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.