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Terms And Conditions

Terms and Conditions for all services associated with ESIS Online owned by Blade Education (Ltd).

These Terms and Conditions ("Terms") govern the relationship between you and Blade Education (Ltd) when you access and use our online services ("Services") at www.esisonline.co.uk ("Website"). Any reference to "we", "us" or "our" is to Blade Education (Ltd). Our contact details are set out at the end of these Terms. Any reference to "you" or "your" means you as a user of the Services. These Terms set out information regarding your rights and obligations and the restrictions that may apply when you use the Services. We recommend that you read them carefully before using the Services. By accessing the Website and continuing to use the Services, you agree to be legally bound by these Terms. Please note that we may update and amend these Terms from time to time and any changes will be posted on the Website. It is your responsibility to ensure that you review these Terms and are aware of any changes. We recommend that you print and store or save a copy of these Terms for future reference. If you do not agree with any of these Terms (or any subsequent changes to these Terms) then you should not use the Services. If there is any inconsistency between these Terms and any such other terms and conditions, the latter terms and conditions shall prevail.

Introduction

The licence issued by Blade Education (Ltd) for the use of ESIS Online © is limited to the sole use of the educational establishment that is named on the purchase agreement and accords to the unique School Identification Number supplied by the purchaser and is used as the login identification. ESIS Online may be used by the said educational establishment only on their premises and may not be used in any other location or by any other educational establishment or person not directly engaged in education at that establishment.

• ESIS Online may be used at any time during the period of the purchased licence by the purchasing educational establishment as identified by the SIN and may be used to aid in the induction of any child and/or parent that the school requires.
• ESIS Online is purchased on licence from Blade Education and the use of ESIS Online is limited to the term of the licence purchased and the contents of ESIS Online remain the property and copyright of Blade Education at all times.
• All content and related materials of ESIS Online are the copyright of Blade Education and may not be copied, reproduced, lent, sold or removed from the original location from which they are viewed, in any manner, either electronic, digital or otherwise
• Blade Education reserves the right to alter, substitute, remove or otherwise change any item of information and media within ESIS Online in order to upgrade, update or remove erratum within the service. It is the sole right of Blade Education to decide the timing and necessity of such changes and reserves all rights to do so.
• Blade Education (Ltd) accepts no responsibility or liability for errata within the service and the user does so at the risk of the purchasing educational establishment. Blade Education (Ltd) will undertake to take all reasonable steps to ensure the accuracy of the content within ESIS Online and accepts no liability or responsibility for any discrepancy within the content or materials of ESIS Online due to the nature of the service and the nature of differences in translation.
• Blade Education will endeavour to maintain the active service of ESIS Online at all times and will take all reasonable steps to do so. Blade Education (Ltd) accepts no responsibility for any outage of the service of ESIS Online in so far as it has taken all reasonable steps to secure the continuation of the service. Blade Education (Ltd) offers no refund for periods of limited or outage of the ESIS Online service due to situations or happenings beyond the control of Blade Education (Ltd).
• In the event of misuse of the provided service, that shall include the use of ESIS Online beyond the educational establishment names in the SIN and other circumstances that shall be decided by Blade Education, the company reserves the right to suspend the service for up to 10 working days with no recourse or refund. Blade Education reserves the right to change the access rights of the purchasing educational establishment in the instance of misuse of the service as decided by Blade Education (Ltd). The service shall be resumed once the access rights have been resolved to the satisfaction of Blade Education (Ltd).
• The licence that is offered by Blade Education (Ltd) for the use of ESIS Online © is limited to the time that is agreed within the purchasing document. Blade Education (Ltd) offers and accepts no liability for refund once the contract to access ESIS Online © has been agreed and the service has been made available to the purchaser via a username and password being supplied to the purchasing educational establishment.
• Purchasers or ESIS Online that are other than educational establishment are limited by the terms of use as set out within this document and the name of the purchasing organisation shall be substituted for the term "educational establishment".
• ESIS Online © and all associated materials and media shall at all times remain the property of Blade Education (Ltd) and any infringement of copyright shall result in the suspension of service of the offending party and Blade Education (Ltd) shall take whatever legal action it deems necessary to protect the copyright of ESIS Online and the continued service to licensees of the service.
• Blade Education undertakes to provide a copy of these terms of use to all purchasing organisations either electronically or written.
• By agreeing to purchase ESIS Online © from Blade Education (Ltd), the purchasing educational establishment agrees to these terms and condition and accepts the restrictions within them and the conditions of use of the service, ESIS Online ©.
• Blade Education (Ltd) reserves the right to restrict the use of the service by any user it deems to use overusing the service in relation to similar users.

These terms and conditions are issued by Blade Education (Ltd), 1st September 2009.

GENERAL CONDITIONS

Your Obligations

You agree:

1. That the contents of the Services and webpages and computer codes of elements comprising the Website 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 use within educational establishment purchasing the services, unless otherwise expressly permitted in writing by us;
2. To use the Services only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party;
3. To comply with these Terms when using the Services and all applicable laws and regulations, together with any specific usage rules that may be posted on the Website in relation to any material and content that you access via the Services;
4. That you will not use the Services 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;
5. Not do anything that may cause damage to the Services 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 Website's security measures;
6. 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 Services in breach of these Terms or from your violation of any applicable law or regulation.

Our Rights

We reserve the right to suspend, restrict or terminate your access to any, or all, Services at any time at our sole discretion. We may also ban or suspend you as a user of the Services if you do not comply with these Terms.

Intellectual Property

All intellectual property rights in this Website and all material or content made available by us via the Services shall remain the property of Blade Education (Ltd) at all times. The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the Services 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 Blade Education (Ltd) or of any third party.

Your Rights

You are required to register for our Services so that you can use the details we provide you with to access and log on to use those Services. You promise that all information and details provided are true, accurate and up to date in all respects and at all times. It is your sole responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your user name 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. Nothing in these Terms will:

1. Restrict your statutory rights (including your right to receive a reasonable standard of service);
2. Limit our liability for death or personal injury resulting from our negligence or for fraud.

These Terms shall not make us responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you agree to these Terms (which occurs automatically when you access and continue to use the Services), including where the damage or loss results from our breach of these Terms. We do not accept liability for any damage or loss caused to you where you are not entering into these Terms as a consumer. All Services on the Website are provided on an 'as is' and 'as available' basis. We do not accept any liability for damage to your computer or for any loss of data that results from your use of the Services.
We cannot promise that the Services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. The Services 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 Services is discontinued, modified or changed in any way. We shall not be liable for any failure, any suspension or any termination of access to the Services or any content in connection with or arising out of a force majeure event. In these Terms, a "force majeure" event 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.
We have no liability in connection with any claims brought against you by a third party except as stated in these Terms.

The Services and Links to Other Websites

The nature of the Services means that the Website may contain links to third party websites and services (including advertising). We have no control over such third party websites or services and are not responsible for their contents. We do not endorse the material contained in third party websites or services. By using third party websites and services, you will be agreeing to the terms of use that apply between you and the operators of those websites and services. You may be required to pay to access the content hosted on and provided by such third party websites and services. 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 Blade Education (Ltd) in any dispute that you may have with any third party websites and services.

Severance

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.

Law and Jurisdiction

These Terms are available in English only and shall be governed by and construed in accordance with the laws of England. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England.