CHECKINSCHOOLS WEBSITE TERMS OF SERVICE ("TERMS OF USE")

 

PLEASE READ THESE TERMS OF USE CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

WE DRAW YOUR ATTENTION IN PARTICULAR TO THE SECTION “OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

WHAT’S IN THESE TERMS?  

 These Terms of Use (“Terms”) tell you the rules for using our website https://checkinschools.com/ (“Site”).

 Click on the links below to go straight to more information on each area:

  1.  Who We are and how to contact Us.
  2. By using Our Site You accept these Terms.
  3. The purpose of Our Site. 
  4. Subscriptions.
  5. The function of Our Site
  6. There are other terms that may apply to You.
  7. We may make changes to these Terms.
  8. We may make changes to Our Site.
  9. We may suspend or withdraw Our Site. 
  10. Our Site is only for Users in the UK
  11. You must keep Your Account details safe. 
  12. How You may use material on Our Site. 
  13. Do not rely on information on Our Site. 
  14. Prohibited Uses.
  15. We are not responsible for websites We link to.
  16. User-generated content is not approved by Us. 
  17. Our responsibility for loss or damage suffered by You. 
  18. We are not responsible for viruses and You must not introduce them.
  19. Rules about linking to Our Site. 
  20. Which country’s laws apply to any disputes? 
  21. Content standards.
  22. Breach of these Terms.

 

WHO WE ARE AND HOW TO CONTACT US  

 CheckInSchools is a website owned and operated by CHECKIN LTD, 20-22 Wenlock Road, London, N1 7GU. (“We/Us/Our”).  

  We are a business aimed at promoting children’s health and wellbeing (“Services”).

 To contact us, please email admin@checkinschools.com

 

THE PURPOSE OF OUR SITE

Our Site is intended for use by adult educational staff and children aged eight (8) years and upwards (“User(s)/You/Your”).

Our Site is designed to record the emotions, feelings and mental well-being of student users for educational institutions to track their moods and mental health.

We charge educational institution Users an annual subscription.

We do not share any information or data We collect on Our Site for business or marketing purposes.

Our Site is intended for use by individuals and educational institutions and not for commercial and business purposes.

 

SUBSCRIPTIONS

All educational institution Users must have a valid subscription or free trial period (“Subscription/Subscription Period”).  All access is strictly limited to the Subscription Period (or where applicable, Trial Period).  If a Subscription Period (or where applicable, trial period) expires and the school has not applied for, and paid for, a new subscription, the User’s account will be terminated.  Timely payment must be made in order to access the Services.

Subscriptions are for non-commercial use only.

Subscriptions are not transferable.

We reserve the right to cancel unpaid Subscriptions.

For new Users, the Subscription Period begins once we have received payment.  Prior to payment, the school administrator can still login and set up classes, teachers and student users.  When You are in the middle of a Subscription, it will begin when the current Subscription ends.

We reserve the right to change our prices for certain services to institute new charges.   We will give You advanced notice of such changes. If You continue to use our Services after notification, that use will constitute You consenting to the new price.

 

THE FUNCTION OF OUR SITE

One adult teaching staff administrator per school registers one user account for an annual subscription. Staff administrator will grant access to; personal who are current employees of the institution.  Both adult staff administrator and personnel whom have been granted access by the adult staff administrator will grant access to pupils who are currently enrolled at the institution.

As a representative of the institution the “staff administrator” by registering and using the Site, confirms that they have permission of the educational institution to enter into this agreement and to use our services.  As a representative of the institution, “personnel” who are current employees of the institution by using the Site, confirms that they have permission of the educational institution to enter into this agreement and to use Our Services.

Pupils’ use the Site

The pupils select an emotion to describe how they are feeling for that day and then enter up to 25 words of text to give reasons for how they are feeling.  There are different levels of words depending on the child’s age ranging from a choice of six words (Level 1) to 42 words (Level 7).

The adult staff administrator and personnel whom have been granted access by the staff administrator will have access to the password protected area for their establishment only. They will be able to view the dashboard of all pupils who have been uploaded to the account. Including, every pupils choice of feeling and reasons.

 

Identification of pupils

The teachers choose the pupils’ usernames.  It is therefore possible to identify them from their usernames if they choose to use their own names.   It is for the school administrators and current teachers of the institution to decide whether the pupils’ usernames resemble their real names.

 

BY USING OUR SITE YOU ACCEPT THESE TERMS  

 By using Our Site, you confirm that You accept these Terms of Use and that You agree to comply with them.

If You do not agree to these Terms, You must not use Our Site.

We recommend that You print a copy of these Terms for future reference.

 

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU  

 These Terms of Use refer to the following additional terms, which also apply to Your Use of Our Site:

  1.  Our Privacy Policy
  2. Our Cookie Policy, which sets out information about the cookies on Our Site.

 

WE MAY MAKE CHANGES TO THESE TERMS  

 We amend these Terms from time to time.  Every time you wish to use Our Site, please check these Terms to ensure that You understand the Terms that apply at that time


WE MAY MAKE CHANGES TO OUR SITE

We may update and change Our Site from time to time to reflect changes to Our products, Our Users’ needs, Our business priorities and Our prices.   We will endeavour to give You reasonable advanced notice of major changes.

 

WE MAY SUSPEND OR WITHDRAW OUR SITE  

 Our Site is made available on payment of the Subscription.

We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted.  We may suspend or withdraw or restrict the availability of all or any part of Our Site for business and operational reasons.  We will endeavour to give you reasonable notice of any planned suspension or withdrawal.

You are also responsible for ensuring that all persons who access Our Site through Your Internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

OUR SITE IS ONLY FOR USERS IN THE UNITED KINGDOM

Our site is directed to people residing in the United Kingdom.   We do not represent that content available on or through our site are appropriate for use or available in other locations.

 

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE  

If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential.  You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than You knows Your user identification code or password, you must promptly notify us at enquiries@checkinschools.com

 

DATA PROTECTION AND CONFIDENTIALITY OBLIGATIONS

You must comply with UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy (“Data Protection Legislation”).

You agree that for the purposes of the Data Protection Legislation, the school is the data controller, We are the data processor and the pupils are the data subjects.

The school must ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to Us for the duration of the Services.

The school must ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it).

The school must ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential.

In the event of a data breach or security incident, the school must inform Us immediately upon becoming aware such an occurrence, provide full information and cooperate with Us to fulfil our data breach obligations.   The school must take reasonable measures and actions to remedy or mitigate the effects of a breach and keep us informed of such remedial measures.

 

HOW YOU MAY USE MATERIAL ON OUR SITE

 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Our Site for Your personal use and You may draw the attention of others within Your organisation to content posted on Our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from Us or Our licensors.

If You print off, copy or download any part of our site in breach of these Terms, Your right to use Our Site will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

 

DO NOT RELY ON INFORMATION ON THIS SITE  

 The content on Our Site are provided for general information only.  It is not intended to amount to professional 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 Our Site.

Although we make reasonable efforts to update the information on Our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Site is accurate, complete or up to date.

 

PROHIBITED USES  

You may use Our Site only for lawful purposes.  You may not use Our Site:

  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm minors in any way.
  4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
  5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  6. To transmit knowingly 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:

  1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms.
  2. Not to access without authority, interfere with, damage or disrupt:
  3. any part of Our Site;
  4. any equipment or network on which Our Site is stored;
  5. any software used in the provision of Our Site; or
  6. any equipment or network or software owned or used by any third party.

 

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

Where Our Site contains links to other sites and resources provided by third parties, these links are provided for Your information only.  Such links should not be interpreted as approval and/or recommendation by Us of those linked websites or information You may obtain from them.

We have no control over the contents of external sites or resources to which We link.

 

USER-GENERATED CONTENT IS NOT APPROVED BY US  

Our Site may include information contributed by other users of the Site.  This information and these materials have not been verified or approved by Us.  The views expressed by other Users on Our Site do not represent Our views or values.

If You wish to complain about information and materials uploaded by other users, please contact us at enquiries@checkinschools.com

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

Please note that We only provide Our Site for private and educational institution use.  You agree not to use Our Site for any commercial, business or other profit-making purposes.

We will have no liability to You for:

  1. loss of profit, loss of business, business interruption, loss of business opportunity;
  2. loss, interception, or corruption of any data resulting from any negligence or default by any provider of telecommunications services;
  3. damage to reputation, loss of goodwill, any indirect or consequential loss.

If defective digital content that We have supplied, damages a device or digital content belonging to You and this is caused by our failure to use reasonable care and skill, We will either repair the damage or pay You compensation.  However, we will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to follow correctly installation instructions or to have in place the minimum system requirements advised by Us.

We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

However, We will have no liability for death, personal injury and financial loss caused by the negligence or criminal act or omission by a school, social services, parents or legal guardians who have direct responsibility for ensuring the personal welfare and health and safety of the pupils who user Our Site and fail to report any such concerns to a public authority.

 

HOW WE MAY USE YOUR PERSONAL INFORMATION  

 We will only use your personal information as set out in our Privacy Policy.

 

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

 Although We have in place adequate virus detection and firewall measures, We do not guarantee that Our Site will be secure or free from bugs or viruses.

You are responsible for configuring Your information technology, computer programmes and platform to access Our Site.  You are responsible for Your own Internet usage and mobile device charges. It is Your responsibility to ensure that Your computers, mobile devices and Internet access are sufficient to access Our Site and Services.  You should use Your own virus protection software.

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.  You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site.

You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them.  In the event of such a breach, Your right to use Our Site and Services will cease immediately.

 

RULES ABOUT LINKING TO OUR SITE  

 You may link to Our homepage, provided you do so in a way that is fair and legal and does not damage Our 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 Our part where none exists.

 You must not establish a link to Our Site in any website or app that is not owned by You.

 Our Site must not be framed on any other Site, nor may you create a link to any part of Our Site other than the home page.

 We reserve the right to withdraw linking permission without notice.

 The website in which you are linking must comply in all respects with the Content Standards set out in these Terms.

 If you wish to link to or make any use of content on our site other than that set out above, please contact us at support@checkinschools.com.

 

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

 These Terms of Use, their subject matter and their formation, are governed by English law.  You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

CONTENT STANDARDS  

 These Content Standards apply to any and all material which you contribute to Our Site (“Contribution”), and to any interactive services associated with it.

 The Content Standards must be complied with in spirit as well as to the letter.  The standards apply to each part of any Contribution as well as to its whole.

 We determine, in Our discretion, whether a Contribution breaches the Content Standards.

 A Contribution must:

  1.  Be accurate (where it states facts).
  2. Be genuinely held (where it states opinions).
  3. Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  1.  Be defamatory of any person.
  2. Be obscene, offensive, hateful or inflammatory.
  3. Promote sexually explicit material.
  4. Promote violence.
  5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  6. Infringe any copyright, database right or trade mark of any other person.
  7. Be likely to deceive any person.
  8. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  9. Promote any illegal activity.
  10. Be in contempt of court.
  11. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  12. Be likely to harass, upset, embarrass, alarm or annoy any other person.
  13. Impersonate any person or misrepresent your identity or affiliation with any person.
  14. Give the impression that the Contribution emanates from Check-In-Schools, if this is not the case.
  15. Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  16. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  17. Contain any advertising or promote any services or web links to other sites.

 

BREACH OF THESE TERMS  

 When We consider that a breach of these Terms has occurred, We may take such action as We deem appropriate.

 Failure to comply with these Terms of Use constitutes a material breach of the Terms and may result in Our taking all or any of the following actions:

  1.  Immediate, temporary or permanent withdrawal of Your right to use Our Site.
  2. Immediate, temporary or permanent removal of any Contribution uploaded by You to Our Site.
  3. Issue of a warning to You.
  4. 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.
  5. Further legal action against You.
  6. Disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law.

 

We exclude Our liability for all action We may take in response to breaches of these Terms.  The actions We may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.