Terms and Conditions
Your continued use of / constitutes your acceptance of the new / Terms and Conditions.
The SchoolMates website is owned and run by Broadwave limited trading as Schoolmates. These terms and conditions ("Terms") set out your rights and obligations, a company registered in England under registration no. 09312284 ("SchoolMates", "we" or "us"), in relation to use of the services offered by us (the "SchoolMates Service"). You may access the SchoolMates website through our websites at www.schoolmates.co.uk or any other websites specified by us from time to time, (the "Websites"). Our contact details are listed below. "You" or "your" means you as a registered user of the SchoolMates Service. You must be at least 13 years of age to use the SchoolMates Service. You must not use the SchoolMates Service if you are under 13 years of age without the supervision and permission of a parent, guardian or teacher. Parents and guardians will be held strictly responsible for any use of the SchoolMates Service by a minor who is their responsibility. Your access to and use of the Websites and the SchoolMates Service (regardless of whether you become a member or not) indicates your agreement to be legally bound by these Terms. If you do not wish to be legally bound by these Terms you must not use or access the Websites or the SchoolMates Service. We reserve the right to change these Terms in our sole discretion from time to time by posting the amended Terms on the homepages of the Websites. Your continued use of the SchoolMates Service indicates your acceptance of those changes. If you do not wish to be legally bound by any future amended Terms then do not continue to use or access the SchoolMates Service. When you register to any part of the SchoolMates Service, your application constitutes an offer to us to use the SchoolMates Service on these Terms. We may in our sole and absolute discretion refuse your registration for any reason without any liability to you.
We provide the SchoolMates Service and members can upload their school related information. Whether you are a member or a non-member of the SchoolMates Service, you acknowledge that we are not and cannot be responsible for the material provided by members whether on the SchoolMates Service or outside of it. In particular, you should be aware that SchoolMates does not generally pre-screen or monitor the material contributed by members or ensure that it is genuine. SchoolMates is not an internet service provider. In order to use the SchoolMates Service, you must have internet access and all the software and skills required for email and internet usage.
Your registration for SchoolMates Service is personal to you. You may not sell, transfer or grant your registration or membership in part or in whole to any other person or organization. In order to use the SchoolMates Service you must register your details with us. By registering with us you agree to provide complete, accurate and current personal data about yourself including your correct name and email address, (which must be under your control), and any other requested details. You may access and amend your personal data details at any time by logging onto the SchoolMates Service and navigating to the "My Account" page. If you change your email address or any of your personal details, then you must inform us of the new email address or of changes to your personal details through the "My Account" page. It is your sole responsibility to maintain the confidentiality of your password and that you are responsible for all activity that occurs under your e-mail address and password. We will not be liable where your password is used by someone else. You should notify us immediately of any unauthorised use of your password and any breach of security as soon as you become aware of it. For security or other reasons, we may require you to change your password or other information which facilitates access to the SchoolMates Service.
It is your responsibility to ensure that your personal data is up to date. We will rely on the information you provide to us. When registering, you understand and agree that you will not:
(i) select or use a name of another person with the intent to impersonate that person
(ii) use the rights of any person other than yourself without authorisation; or
(iii) connect to a school you did not attend.
Restrictions on your use of the SchoolMates Service
The contents of the SchoolMates Service, webpages, computer codes of elements comprising the SchoolMates Service and any software provided to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way except for your own personal, private and non-commercial use, or unless otherwise expressly permitted by us.
You agree that you will not use the SchoolMates Service in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person.
You will not do anything that may cause damage to the SchoolMates Service or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data or to penetrate or attempt to penetrate the SchoolMates Service security measures.
You shall not publicise, post or advertise your contact details (including your email or postal address, phone number, website address or any other contact details) to any other member of the SchoolMates Service except by making contact with them through the SchoolMates Service message centre.
You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the SchoolMates Service in breach of these Terms or from your violation of any applicable law or regulation.
You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make.
We reserve the right to suspend, restrict or terminate your access to any part of, or all of the SchoolMates Service at any time at our sole discretion.
We may also ban or suspend you as a user of the SchoolMates Service if you do not comply with these Terms. Any person whose access has been suspended or terminated may not re-register for, or re-access, the SchoolMates Service without our prior consent.
Further information about the SchoolMates Service
We make no promises and offer no guarantees as to the truth or accuracy of any material available on the SchoolMates Service whether it is provided by members or any other party.
Any content or information available on the SchoolMates Service is not intended as advice and should not be relied on by you.
This SchoolMates Service may from time to time may contain links to other third party websites and services through advertising or otherwise. These links are provided for your ease of reference and convenience only. We have no control over those third party websites or services and are not responsible for their contents. We do not endorse the material contained in their websites or services, and have no association with their operators. You agree that we won't be party to any transaction or contract with a third party that you may enter into and we won't be liable to you for any loss or damage which you may suffer by using those third party websites and services. You agree that you will not involve us in any dispute you may have with such third party websites and services.From time to time we enter into platform services agreements with third parties. These agreements allow third parties (such as Adobe) to install third party software and to incorporate content, material or applications on the SchoolMates Service for use by Members ("Platform Applications").
You may choose whether or not to use Platform Applications. Prior to using a Platform Application, the third party provider may require you to agree to their own terms and conditions. If you do not wish to be bound by such terms and conditions, do not agree to them and cease your installation or use of the relevant Platform Application. We accept no responsibility for Platform Applications or for any loss or damage that may arise from your use of them. You acknowledge that you install Platform Applications at your own risk. SchoolMates shall not be responsible for any loss, damage or harm suffered by you or be a party to any dispute between you and any third party arising out of your use of a third party site or Platform Application or arising out of or in connection with the material included on the SchoolMates Service by Members and other third parties.
You must exercise the same degree of caution in appraising what you see on the SchoolMates Service as you do offline.
Even though members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. You should also note that people may not necessarily be who they say they are.
Your use of the SchoolMates Service is entirely at your own risk.
All intellectual property rights (including copyright, trade marks, and other intellectual property rights) in the Websites and all material or content made available by SchoolMates excluding any Submissions by members (in respect of which see below)) shall remain at all times the property of SchoolMates or SchoolMates's licensors.
The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the SchoolMates Service are proprietary marks and may not be reproduced or otherwise used without express permission.
Nothing contained in these Terms shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of SchoolMates or of any third party.
Your Submissions and Postings
All Submissions uploaded will be stored by us and made searchable for other members. Submissions returned in search results will be shown as thumbnails with accompanying details.
As part of the SchoolMates Service we may offer you the facility to submit a contribution or upload any content to the SchoolMates Service , such as any text (including, for instance comments on photos or stories), photographs, scanned documents, certificates, graphics, video or audio ("Submission"),
We shall not be responsible for the content of any Submissions contributed by members or the behaviour of members or users of the SchoolMates Service.
Please note that where you make any of your details, information or Submissions available to other members, they may be able to copy and reproduce such details, information or Submissions against your wishes. SchoolMates shall not be liable to you in the event that a member copies or reproduces your details, information or Submissions.
You are solely responsible for creating backup copies and replacing any content or Submissions you post or store on the SchoolMates Service or provide to us.
You agree that any Submission you make to the SchoolMates Service, is subject to the following additional terms:
You retain all ownership rights in any Submission you may make: You promise that you are the original owner of any Submission you make or you have the necessary licences, rights, consents, and permissions to authorise us to use your Submission. In particular, you promise that you have obtained the permission of all of the living people featured or referred to in the Submission (and if they are under 18 their parents' or guardians' permission as well) to the upload of the Submission and to our use of the Submission on the SchoolMates Service. You agree to give us evidence of all such licences, rights, consents, and permissions if so requested by us. You acknowledge that the contents of any Submission material other than personal data will be considered non-confidential.
We do not claim ownership rights in the content of your Submission or any other item that you or any other member posts on the Website. By making a Submission to the SchoolMates Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free and transferable licence (with the right to sub-license) to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to the other users of the SchoolMates Services, prepare derivative works of and to display your Submission by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including, for the avoidance of doubt, the right to register any design rights and/or trademarks. You agree to waive your moral rights in your Submission.
You acknowledge and agree that where you make a Submission to a public section of the SchoolMates Service or where you have added a Submission it be available for viewing by other SchoolMates members.
You are responsible for the contents of any Submission you may make and the consequences arising from its use on the SchoolMates Service. You will not upload to the SchoolMates Service any material or content which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or infringes the rights of a third party or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. You agree not to infringe any laws in order to produce or make a Submission. You agree not to transfer files which contain viruses or other harmful programs. Further, you must not endanger yourself or others, take any unnecessary risks in order to produce or make a Submission.
You also agree not to advertise or promote third parties' or your own goods or services including by way of the distribution of "spam" email. In particular, you agree not to use the SchoolMates Service to provide links to third party websites. We do not guarantee or endorse any content posted on the SchoolMates Service by members.
We may accept your Submission, modify your Submission, or refuse to display your Submission at any time in our sole and absolute discretion. We may also withdraw your Submission and/or suspend, restrict and/or terminate the SchoolMates Service provided under these Terms immediately without notice to you for any reason, including, without limitation, where we suspect your Submission to be in any way defamatory, obscene, unlawful, harmful, offensive, inappropriate or to infringe the rights of a third party. We have no obligation to modify or remove any inappropriate, offensive or unlawful content.
Please note that we cannot accept any Submission containing any music, save where expressly permitted by us.
If you see anything on the SchoolMates Service which appears to breach these Terms, please contact us to inform us of such breach by using the "Report a Page" function, or by clicking here or by emailing us at the address specified below, as we do not monitor every Submission contributed by members before it is placed on the SchoolMates Service.
Our Liability to You
The SchoolMates Service is provided on an 'as is' and 'as available' basis. We do not guarantee which aspect of the SchoolMates Service will be available. We cannot promise that the SchoolMates Service will be accurate, free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition.
The SchoolMates Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the SchoolMates Service is discontinued, modified or changed in any way.
The views expressed in any content or material which is uploaded by you or other users of the SchoolMates Service do not reflect SchoolMates's views. We make no promises and offer no guarantees as to the accuracy of any Submissions.
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by use or our employees or agents.
Nothing in these Terms is intended to restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau);
We do not accept any liability for:
- any damage or loss caused to you where you are not entering into these Terms as a consumer;
- any damage to your computer, any software or for any loss of data that results from your use of the SchoolMates Service;
- any failure, any suspension and/or any termination of access to the SchoolMates Service or any content or any failure by us to perform any of our obligations under these Terms in connection with or arising out of an event beyond our control.
- In these Terms, an "event beyond our control" shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or
- any claims brought against you by a third party except as stated in these Terms.
These Terms shall not make us responsible for any damage or loss (including loss of profits, revenue or business) caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the SchoolMates Service, including where the damage or loss results from our breach of these Terms.
We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another other legal entity. You agree that we may do so provided that:
(i) this will not affect the standard of Service you receive under this Agreement; and
(ii) in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us.
These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
Third Party Rights
These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms.
If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
These Terms are available in English only. We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant United Kingdom law will apply.
Keeping this Agreement
We don't separately file a copy of the Terms entered into by you and us when you register for the SchoolMates Service. We recommend that you make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. You can always access a copy of our latest Terms on the Websites.
Complaints may be reported to us through our "contact us" link on the SchoolMates Service or by post at SchoolMates, 3 Derby Road, Ripley, Derbyshire DE5 3EA. We will reply to all complaints within 14 working days.
You can contact us by post at SchoolMates, 3 Derby Road, Ripley, Derbyshire, DE5 3EA.
You may contact us by email at this address: firstname.lastname@example.org