Acceptable Use Policy

This Acceptable Use Policy sets out the terms between you as a Customer or User and Pupil Progress, under which you may access the Platform and Services.

Your use of Pupil Progress’s Platform and Services means that you accept, and agree to abide by this Acceptable Use Policy, which supplements our Terms of Service.

You may use the Platform and Services only for lawful purposes. You may not use the Platform and Services:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of the Platform and Services in contravention of the provisions of our Terms of Service;
• not to access without authority, interfere with, damage or disrupt:
• any part of the Platform or Services;
• any equipment or network on which the Platform or Services are stored;
• any software used in the provision of the Platform or Services; or
• any equipment or network or software used in any connection with the Platform or Services owned or used by Pupil Progress, the Customer organisation (e.g. School) or any third party.

These content standards apply to any and all material which you contribute or input to the Platform or Services (“Contributions”), and to any interactive services associated with it, including social media and any other digital accounts, as well as any online or offline publications, publicity, blogging, vlogging, commentary or other such materials.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole.

Contributions must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions); and/or
• comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• contain any material which is defamatory of any person or entity, including Pupil Progress or any Customer (whether a School or other entity) or any third party;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trademark of any other person or entity, including Pupil Progress or any Customer (whether a School or other entity) or any third party;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person or entity, including Pupil Progress or any Customer (whether a School or other entity) or any third party, or to misrepresent your identity or affiliation with any person or entity, including Pupil Progress or any Customer (whether a School or other entity) or any third party;
• give the impression that they emanate from Pupil Progress or any Customer (whether a School or other entity) or any third party, if this is not the case; and/or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Platform and Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms of use upon which you are permitted to use the Platform and Services, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use the Platform and Services;
• immediate, temporary or permanent removal of any posting or material uploaded by you;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

We may revise this policy at any time. For any substantive changes we will provide advanced notice to Customers then post the new version to this webpage. Customer agrees to and accepts any modified terms by continuing to use the Services after the changes are posted and effective. For any minor readiblity edits which do not effect and substantial changes, we may make such minor changes directly to this webpage without providing advanced notice. In any such cases we will update the Version history section below.

If you have any questions about the contents of this document, please email us at info@pupilprogress.com

11th September 2023 - Readability and clarity updates, and change to time frame for further notice of changes