LEGACY VERSION FOR EXISTING CUSTOMER SCHOOLS IN FORCE UNTIL 25th SEPTEMBER 2023 ONLY

This acceptable use policy sets out the terms between you and us under which you may access our Pupil Progress platform (“Pupil Progress”). This acceptable use policy applies to all users of, and visitors to, Pupil Progress.

Your use of Pupil Progress means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of service.

Pupil Progress Ltd, a limited liability company registered in England, No. 08986421, (“Pupil Progress”) and the educational establishment as stated on the authorised Customer Order Form (“Customer”).

You may use Pupil Progress only for lawful purposes. You may not use Pupil Progress:

• 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 Pupil Progress in contravention of the provisions of our Terms Of Service;
• not to access without authority, interfere with, damage or disrupt:
  • any part of Pupil Progress;
  • any equipment or network on which Pupil Progress is stored;
  • any software used in the provision of Pupil Progress; or
  • any equipment or network or software owned or used by any third party.

These content standards apply to any and all material which you contribute to Pupil Progress (“contributions”), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution 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;
• 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 trade mark of any other person;
• 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 to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, 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 Pupil Progress. 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 Pupil Progress, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use Pupil Progress;
• immediate, temporary or permanent removal of any posting or material uploaded by you to Pupil Progress;
• 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 acceptable use policy at any time by providing at least fourteen (14) days’ notice by email.