PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE EDTECH IMPACT WEBSITE
Your use of this website (www.edtechimpact.com) and all associated web pages, the “Site”) and the services offered and supplied via the Site (the “Services”), whether as a guest or a registered user, is subject to the following terms and conditions between you and EdTech Impact Ltd. EdTech Impact’s registered office is Watergate Building, Crane Wharf, New Crane Street, Chester, CH1 4JE, United Kingdom. EdTech Impact is registered in England and Wales, with company registration number 11410648.
Use of the Site includes accessing, browsing, or registering to use the Site. Please read these terms and conditions carefully before you start to use the Site, as these will apply to your use of the Site and by continuing to use the Site you are deemed to have accepted them. If you do not wish to be bound by these terms and conditions, you should not continue to use or access the Site or use any of the Services.
The EdTech Impact Blog is hosted by the blog hosting platform WordPress.com which is provided by Automattic Inc and its subsidiary companies (“Automattic”). Automattic has no direct contractual relationship with you.
The Services are available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is truthful and correct. EdTech Impact reserves the right to: (a) refuse the Services to anyone at any time without notice and for any reason; and (b) change its eligibility criteria at any time without notice and for any reason. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with EdTech Impact or (b) you are a person not allowed to receive or use the Services under the laws of England and Wales or the country in which you are resident or from which you use the Services.
For the steps you need to take to register your product, please see https://www.edtechimpact.com/how-it-works.
EdTech Impact reserves the right to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email. You agree that EdTech Impact may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Site periodically for changes, as they are binding on you. You agree that in continuing to use the Services following the posting of any changes such continued use constitutes acceptance of those changes. Registration
In order to use parts of the Services, you may be required to register your product with EdTech Impact.
You shall not:
EdTech Impact reserves the right to refuse registration of or to cancel a company / product listing in its sole discretion and to disable any company profile, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of the Terms.
If you become aware of any unauthorized use of your company / product name, you agree to notify EdTech Impact immediately by email to email@example.com.
You agree to use the Site and all Services responsibly and legally and not to use the Services for any purpose that is prohibited by the Terms. The Services are provided solely for Educators to use in finding, reviewing and evaluating edtech products. If you are a Supplier, for the purpose of collecting reviews and building your profile (described further below). You are responsible for all of your activity in connection with the Services.
Under the Terms you are prohibited from taking any action in relation to your use of the Services which:
Additionally, you agree not to:
If you breach this provision, you may be committing a criminal offence. EdTech Impact will report any such breach to the relevant law enforcement authorities and EdTech Impact will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
EdTech Impact does not guarantee that any Content will be made available on or through the Services. EdTech Impact has no obligation to monitor the Services or Content and takes no responsibility and assumes no liability for any Content posted, uploaded by you or any third party or any loss or damage thereto.
EdTech Impact reserves the right, in its sole discretion to edit, modify or remove any Content from the Site at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if EdTech Impact is concerned that you may have violated the Terms).
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
EdTech Impact acts as an intermediary between Educators and Suppliers and other users of the Site.
You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the "User-Generated Content" or "UGC") which you create on the Website or submit via our review form. We may freely use and transfer the UGC and disclose the UGC to third parties.
Reviewers are liable for the UGC they publish on the Website.
Reviewers warrant that all UGC posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).
When you write a review on EdTech Impact, you represent, warrant and undertake to EdTech Impact and all users of the Site that:
UGC must relate to a company or organization from which the Reviewers has purchased or can otherwise document using the company's or organization's products or services.
You may not publish UGC regarding companies to which you have personal or professional relations.
Reviewers must not, and must not allow any third party to, publish UGC on the website which:
BEFORE you upload any images or videos to the Site which identify individuals under 18, you must obtain parental consent for such images or videos to be uploaded and for EdTech Impact to use them for promotional and marketing purposes in relation to your Project and the EdTech Impact. The signed consents must be made available to EdTech Impact on request. Please do not include personally identifiable information about students in any images or videos.
Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If EdTech Impact receives notice or otherwise becomes aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we - dependent on the character of the violation - may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform the Reviewer about the deletion and the reason hereof.
The Reviewer hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the Reviewer’s UGC.
The Reviewer must guarantee to indemnify us for any claims which may be made against us as a consequence of the Reviewer's violation of the User Terms or current legislation. The Registered User must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the UGC of the Reviewer.
We may at any time request information about the UGC from the Reviewer, including documentation supporting the information included in the UGC, e.g. documentation evidencing that the UGC is based on an actual buying experience in an actual customer relation to the company to which the UGC relates.
EdTech Impact shall not be liable for your interactions with any organisations, suppliers or individuals found on or through use of the Services or the Site. EdTech Impact does not exercise control over the timings or performance of suppliers in any way. EdTech Impact is not responsible for any damage or loss incurred as a result of any such dealings in relation to the suppliers or otherwise. All dealings are solely between you and such organisations and/or individuals as the case may be.
EdTech Impact is under no obligation to become involved in disputes between Educators and Suppliers, or between Site members and any third party. In the event of a dispute, you agree not to pursue EdTech Impact, its officers, employees, agents or their successors in relation to any claims arising out of or related to such disputes and agree that EdTech Impact, its officers, employees, agents, and their successors are exempt from and not subject to such claims. Suppliers are solely responsible for fulfilling obligations both implied and stated in any listing they create.
EdTech Impact reserves the right to remove a listing / supplier from the Services at any time for any reason.
As part of the Services, Suppliers may submit a request for a Product Listing in respect of education technology products they market or sell. Product Listings can be browsed and reviewed by other users of EdTech Impact. They aim to make it easier for Educators to find the education technology products they would like to purchase.
EdTech Impact reserves the right to refuse a request to list a product for any reason in its sole discretion.
EdTech Impact reserves the right in its sole discretion to remove any Product Listing from the Site or prevent its use on the Site at any time. In such circumstances, EdTech Impact will notify the Supplier who shall immediately stop using and promoting the use of the EdTech Impact.
The Supplier may at any time request that its Product Listing is removed from the Site by providing written notice to EdTech Impact at firstname.lastname@example.org. In such circumstances, EdTech Impact shall remove the Product Listing as soon as reasonably practicable.
You confirm that any information, content or images provided by you when listing a product is/are complete and accurate and that you have obtained all required consents for such information, content and/or images to be used in accordance with the Content licence from you described below.
EdTech Impact will use reasonable skill and care when preparing a Product Listing requested by you. EdTech Impact makes no other warranties or representations in relation to Product Listings and, in particular but without limitation, makes no warranty or representation that any Product Listing will result in any increased interest in or sales of Supplier products.
EdTech Impact is not responsible for any information, content and/or images in Product Listings that have been provided by a Supplier, including (but not limited to) the accuracy or completeness of such information, content and/or images. If you are an Educator, you and your school (and, where relevant, parents) acknowledge and agree that EdTech Impact is not responsible or liable for any products or services that may be listed on the Site. It is your responsibility to ensure the suitability, safety, quality and reliability of such products.
A request to get your product certified, will be subject to the fees set out in the list your product page: https://edtechimpact.com/how-it-works. The fees are exclusive of VAT which must be paid in addition by the Supplier. The Fees must be paid by the Supplier within 30 days of receipt of invoice in the manner stated on the invoice.
Except as otherwise stated in these Terms, the Fee is non-refundable.
EdTech Impact reserves the right to refuse to certify a product for any reason in its sole discretion.
Once you have at least 10 reviews with an average user rating of 4.5/5 or above in the same academic year (1st September-31st August), you can apply to get certified. We will then verify your reviews.
The certifications are announced every year, based on the previous academic year’s reviews.
If we find any reviews to be fake, you will be disqualified from this year’s certification and no refunds will be given.
You acknowledge that all Content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.
You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by those who provide Content to EdTech Impact (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by EdTech Impact or by the owners of that Content, in a separate agreement.
EdTech Impact reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Services. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. EdTech Impact takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is EdTech Impact liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter.
Amongst other things, the Site enables individuals to post reviews about products and services. EdTech Impact is not liable for any statements, representations or Content provided by users in any such reviews or otherwise on the Site.
You agree that you are solely responsible for (and that EdTech Impact has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which EdTech Impact may suffer) by doing so. In particular, EdTech Impact will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Site.
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the Terms. You warrant that any such contribution does comply with the Terms, and you will be liable to EdTech Impact and indemnify EdTech Impact for any breach of this warranty. This means you will be responsible for any loss or damage which EdTech Impact suffers as a result of your breach of warranty.
No Content is intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Site.
The views expressed by other users on the Site do not represent EdTech Impact's views or values.
The Account may allow the Supplier to access EdTech Impact’s review insights service, which provides certain analytics to Suppliers based on their user reviews and behaviour. The Supplier agrees that Review Insights are provided on an "as is" basis only and any information contained in Review Insights are not business advice or the opinion of EdTech Impact. The Supplier is solely responsible for any business decisions it makes using Review Insights.
EdTech Impact gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive licence to use the Content provided to you by EdTech Impact as part of the Services. This licence is for the sole purpose of enabling you to use the Services as provided by EdTech Impact, in the manner permitted by the Terms. Use, reproduction, modification, distribution or storage of any part of the Services (including any Content) other than for personal, non-commercial use is expressly prohibited without prior written permission from EdTech Impact.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by EdTech Impact in writing.
Unless EdTech Impact has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights or obligations in relation to the Services.
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give EdTech Impact a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on, or through, the Services, and you warrant that where such Content includes images or videos of individuals aged under 18, you have obtained parental consent for those images to be displayed as Content and to be used by EdTech Impact for promotional and marketing purposes in relation to the EdTech Impact programme. This licence is for the sole purpose of enabling EdTech Impact to display, distribute and promote the Services and the EdTech Impact programme as a whole.
You understand that EdTech Impact, in performing the required technical steps to provide the Services to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit EdTech Impact to take these actions.
You confirm and warrant to EdTech Impact that you have all the rights, power and authority necessary to grant the above licence. Other than as set out in these Terms, EdTech Impact acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with EdTech Impact, you agree that you are responsible for protecting and enforcing those rights and that EdTech Impact has no obligation to do so on your behalf.
You agree to EdTech Impact (and others permitted by EdTech Impact to act on its behalf) doing the following in connection with the provision of the Services:
You hereby agree to EdTech Impact using, and displaying as appropriate your trademarks, logos or similar proprietary rights solely in connection with the Services. None of the above affects your ownership rights in relation to Content you submit, post, transmit or display on, or through, the Site.
The Supplier is only permitted to use EdTech Impact's logos, graphics and trademarks ("EdTech Impact Designs"), Score and reviews to the extent expressly granted in the Signup Form. The Supplier may only use EdTech Impact Designs that are made available to them. The Guidelines contain information for the Supplier about which EdTech Impact Designs the Supplier may use, how EdTech Impact Designs must be displayed and in what context.
The Supplier agrees that EdTech Impact may use the Supplier 's name and logo on EdTech Impact's websites, emails, newsletters, social media, all marketing materials and as a part of a general list of EdTech Impact's Suppliers or Recommended Suppliers if they get certified.
You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage EdTech Impact’s or the EdTech Impact programme’s 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 EdTech Impact’s part where none exists.
You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site. EdTech Impact reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content requirements set out in these Terms. If you wish to make any use of content on the Site other than that set out above, please contact email@example.com.
It is EdTech Impact's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.
You must not reproduce the EdTech Impact logo, EdTech Impact’s Awards or EdTech Impact’s intellectual property without our express written permission.
If you wish to make an inquiry or report a copyright infringement, you can do so by contacting us either by post to do so by contacting us by email to firstname.lastname@example.org.
The Site may contain links to other websites or resources on the Internet, and other websites or resources may contain links to the Site. You acknowledge that EdTech Impact is not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk. The fact that EdTech Impact provides links to certain third party websites does not in any way constitute endorsement of, or association with such websites by EdTech Impact. Furthermore, you acknowledge and agree that EdTech Impact shall not be responsible or liable for any damage or loss caused by your use of any such website or resource.
EdTech Impact reserves the right to terminate your company listing, product listing or restrict access to all or any part of the Services including restricting access to or terminating any review or Product Listing at any time without notice or cause and such termination, restriction and/or removal will be effective immediately. This may result in the forfeiture and destruction of all information and/or Content associated with your membership. If you wish to terminate your account at any time, please contact us by email at email@example.com. EdTech Impact will terminate your account, and remove your information from the Site, as soon as reasonably possible.
If a Supplier terminates their subscription with EdTech Impact, or downgrades to a free plan, the Supplier must cease all use of all paid for EdTech Impact designs, scores and widgets. Awards for previous years, that have been paid for, can still be used.
When the supply of the Services to you is terminated, for whatever reason, certain legal rights, obligations and liabilities that you and EdTech Impact have benefited from and have been subject to, which have accrued over time whilst the Terms have been in force, or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to have full force and effect. These include (but are not limited to) your obligations in relation to conduct, Content, intellectual property rights, payment and indemnification, and EdTech Impact’s rights in relation to payment, Content, intellectual property rights, the warranty disclaimer below, limitation of liability and indemnification. The “General legal terms” section near the end of this document shall also continue to have full force and effect.
You agree and acknowledge that EdTech Impact has no special relationship with you nor owes any fiduciary duty to you. You acknowledge that EdTech Impact cannot control, nor has it any obligation to act in relation to:
You agree that EdTech Impact is not liable for you having acquired or not acquired Content through the Site. EdTech Impact does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. EdTech Impact may suspend, withdraw, discontinue or change all or any part of the Site without notice. EdTech Impact will not be liable to you if for any reason the Site is unavailable at any time or for any period. The Services are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, are expressly disclaimed.
EdTech Impact, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Site, or any Content on it, will be free from errors or omissions; (c) the Content on the Site is accurate, complete or up-to-date; (d) any defects or errors will be corrected; (e) any content or software available at or through the Services is free of viruses or other harmful components; or (f) the results of using the Services will meet your requirements. Your use of the Site and the Services is solely at your own risk.
In the event that any action you take in relation to the Services constitutes an infringement by you or anyone else using your account of any intellectual property rights whatsoever, or constitutes defamation or the abuse of another user’s privacy, or if you are an Educator or Supplier and you do or fail to do anything which results in EdTech Impact suffering reputational or other damage, and such action results in claims, liabilities and expenses relating to such action, you shall defend, indemnify and hold unaccountable EdTech Impact, its employees, directors and all other parties associated with EdTech Impact from such claims, liabilities and expenses. This means you will be responsible for any loss or damage which EdTech Impact and/or suffer as a result of any such action. EdTech Impact reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate fully with EdTech Impact in asserting any available defences.
Nothing in these Terms excludes or limits EdTech Impact’s liability for death or personal injury arising from EdTech Impact’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
If using the Site for any commercial or business purposes, EdTech Impact has no liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, loss of business, business interruption, or loss of business opportunity.
EdTech Impact is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of EdTech Impact’s breach of the Terms or if it was contemplated by you and EdTech Impact at the time we entered into this contract. EdTech Impact shall not be liable for any damage whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
If the EdTech Impact is found liable for any loss or damage that arises out of or is in any way connected with your use of the Site or Services, then its total liability (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) for all claims will in no event exceed the greater of: (a) the sums paid by you to EdTech Impact for the transaction(s) on the Site giving rise to the claim; or (b) one hundred pounds sterling (£100).
By using the Services, you consent to receiving from EdTech Impact all communications including notices, agreements, legally required disclosures, newsletters or other information in connection with the Services (collectively, "Contract Notices") electronically. Additionally, EdTech Impact reserves the right to contact Educators regarding their review and Suppliers regarding their use of the Services, by telephone or email. EdTech Impact may provide such electronic Contract Notices by posting them on the Site or by emailing an Educator or Supplier directly using the email address held on account or otherwise provided. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of both the Site and the Services. You can unsubscribe from the newsletter at any time without affecting your use of the Site or Services.
If you wish to make an inquiry or complaint, you can do so by email at firstname.lastname@example.org.
You agree that EdTech Impact may provide you with notices, including those regarding changes to the Terms, by email, or postings on the Site.
EdTech Impact may transfer its rights and obligations under the Terms to another organisation, and EdTech Impact will always notify you in writing if this happens, but this will not affect your rights or EdTech Impact’s obligations under the Terms.
You agree that if EdTech Impact does not exercise or enforce, or delays in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which EdTech Impact has the benefit of under any applicable law), this will not be taken to be a formal waiver of EdTech Impact’s rights and that those rights or remedies will still be available to EdTech Impact (and does not mean that you do not have to comply with your obligations). If EdTech Impact does waive a default by you, EdTech Impact will only do so in writing, and that will not mean that EdTech Impact will automatically waive any later default by you.
This contract is between you and EdTech Impact. A person who is not a party to the Terms has no right to rely on or enforce any of the Terms.
Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Your statutory rights as a consumer are unaffected by the Terms and you may have rights under statute additional to those granted by the Terms. If in doubt you should contact your local Citizens’ Advice Bureau or Trading Standards Office.
Where the words "in writing" appear in the Terms, this includes email. If you wish to contact EdTech Impact in writing, or if any provision in the Terms requires you to give EdTech Impact notice in writing, you can send this to EdTech Impact by e-mail to email@example.com.
The Terms, and your relationship with EdTech Impact under the Terms (including the subject-matter of the Terms and the formation of the contract, and any contractual or non-contractual dispute associated with your use of the Services), are governed by English law. You and EdTech Impact agree that the courts of England and Wales shall have non-exclusive jurisdiction to resolve any such dispute. Notwithstanding this, you agree that EdTech Impact shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.