By using and/or registering to use Degrumbler, you must read, agree with and accept all of the terms and conditions contained in this agreement. This agreement is provided to you and concluded in English. You agree that any use by you of Degrumbler shall constitute your acceptance of the agreement. We recommend that you store or print-off a copy of the agreement (including all policies) for your records.
If you do not agree to the terms of this agreement, please refrain from using Degrumbler.
We have developed Degrumbler to allow schools, teachers, students and parents to set, track and monitor homework. To be eligible to enter into this agreement you must:
agree to the terms of this agreement and be a school, local authority or other education provider (the “School”) that has agreed to purchase a full licence to use Degrumbler; and
have obtained all the necessary consents and be duly authorised to enter into this agreement.
This agreement refers to the following additional terms, which also apply to your use of Degrumbler:
our acceptable use policy, which sets out the permitted and prohibited uses of Degrumbler. When using Degrumbler, you must comply with this acceptable use policy;
If you are a Trial User (or at any point become a Trial User) the ‘Additional Terms for Trial Users’ section shall apply to you.
If you subscribe for any of our other services you will also have to agree to the terms that govern the service you have subscribed for.
In consideration of you agreeing to abide by the terms of this agreement, Degrumbler Ltd hereby grants:
the School a non-exclusive, non-transferable, licence to permit its teachers, staff, students and parents (“Authorised Users”) to use Degrumbler for duration of the period that it has subscribed for; and
Trial Users a non-exclusive, non-transferable licence to use Degrumbler during the trial period (as agreed between Degrumbler Ltd and the Trial User in writing) (“Trial Period”) solely for the evaluation of Degrumbler by the Trial User for use in the Trial User’s school.
In consideration of the Fees, Degrumbler Ltd shall also:
deliver to the School a video training session to demonstrate to Authorised Users how to use Degrumbler (a “Training Session”);
provide to the School additional (or upgraded) features as they become available on Degrumbler;
make available its customer services team to the School at reasonable times and on reasonable notice; and
provide the level of data storage agreed between the School and Degrumbler Ltd from time-to time.
Payment and fees
The School shall pay to Degrumbler Ltd the relevant fees to access and use Degrumbler (the “Fees”). The Fees are available upon request following a completed trial of Degrumbler.
The School shall provide to Degrumbler Ltd valid, up-to-date and complete credit or debit card details or complete contact and billing details and, if the School provides:
its credit or debit card details to Degrumbler Ltd, the School hereby authorises Degrumbler Ltd to bill such credit or debit card immediately for the Fees payable in respect of the initial subscription term and on each renewal period for the Fees payable in respect of the next renewal period;
its approved purchase order information to Degrumbler Ltd, Degrumbler Ltd shall invoice the School immediately for the Fees at least 14 days prior to each renewal period for the Fees payable in respect of the next renewal period and the School shall pay each invoice within 14 days after the date of such invoice. You may pay our invoice by cheque, bank transfer, credit or debit card.
The Degrumbler licence is valid for 1 year.
All fees and charges will be exclusive of VAT and shall be payable to Degrumbler Ltd in GBP or the relevant currency used in the ‘School’s’ country.
Degrumbler Ltd reserves its right to amend the Fees at any time upon 30 days’ notice.
Cancelation and refunds
If you are a School, you have a right to cancel this agreement within thirty (30) days (Cancellation Period) after purchasing a licence. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to use Degrumbler, you can notify us of your decision to cancel this agreement and receive a full refund.
To cancel this agreement during the Cancellation Period, please contact us by sending an e-mail to firstname.lastname@example.org or by calling + 44 (0) 7534664187 (9am to 6pm on weekdays). You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
The School may cancel its subscription at any time after the Cancellation Period by calling + 44 (0) 753 4664187 (9am to 6pm on weekdays) or by sending an e-mail to email@example.com . If a subscription to use Degrumbler is cancelled after the Cancellation Period, the cancellation will take effect immediately and you will not be charged again. You will not, however, receive a refund in respect of the remaining period that has been paid for.
Trial access to Degrumbler
Trial Users acknowledge and agree that Degrumbler will, or may, automatically "time out" (that is to say, cease to operate) at the end of the Trial Period if the Trial User’s School has not at that time purchased a full licence of Degrumbler.
Trial Users may make such copies of Degrumbler as are necessary to evaluate the Platform, but may not make any back-up or archival copies and may not load all or any part of Degrumbler on any computer other than the Trial User’s computer system without prior written agreement of Degrumbler Ltd.
During the Trial Period this agreement may be terminated immediately by Degrumbler Ltd giving written notice if the Trial User is in breach of any of its obligations under this agreement.
Upon termination or expiration for any reason, the Trial User shall within two business days completely delete all electronic copies of all or any part of Degrumbler. Save for death and personal injury caused by Degrumbler Ltd’s negligence, Degrumbler Ltd shall have no liability of any kind in any circumstances whatever to the Trial User in respect of Degrumbler. In particular, Degrumbler Ltd shall have no liability in any circumstances whatsoever for any data loss or corruption greater than that limit and the Trial User agrees that it has sole responsibility for protecting its data during evaluation of Degrumbler.
No representations, conditions, warranties or other terms of any kind are given in respect of the Trial User, and all statutory warranties and conditions are excluded to the fullest extent possible.
In order for Degrumbler Ltd to provide students, parents and teachers with access to Degrumbler, the School shall provide Degrumbler Ltd with certain data concerning its students, parents and teachers (which shall include, but is not necessarily limited to, names and contact details) (“Student / Parent / Teacher Data”). The School shall: (i) provide Degrumbler Ltd with the non-exclusive, non-transferable right to access and process the Student / Parent / Teacher Data by allowing access to the School’s database for the term of this agreement; or (ii) provide Degrumbler Ltd with the Student / Parent / Teacher Data by sending a CSV file, in which case the School grants Degrumbler Ltd a non-exclusive, non-transferable right to access and process the Student / Parent / Teacher Data for the term of this agreement.
The School warrants that it has obtained all rights and permissions necessary to transfer Student / Parent / Teacher Data to Degrumbler Ltd.
Access to Degrumbler is permitted on a temporary basis and we reserve the right to withdraw or amend the services or functionality that we provide on Degrumbler without notice. We will not be liable if for any reason Degrumbler is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of Degrumbler, or the entire Degrumbler platform, to users who have registered with us. We will use reasonable endeavours to fix issues and bugs in Degrumbler as quickly as we can.
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, and 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 opinion you have failed to comply with any of the provisions of this agreement.
You must not misuse Degrumbler 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 Degrumbler, the server on which Degrumbler is stored or any server, computer or database connected to Degrumbler. You must not attack Degrumbler via a denial-of-service attack or a distributed denial-of service attack.
If you do any of the above, you will be committing 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, we reserve the right to immediately cease your right to use Degrumbler.
Your indemnities and undertakings
You agree that when using Degrumbler you will comply with all applicable laws and this agreement. In particular, but without limitation, you agree not to:
use Degrumbler in any unlawful manner or in a manner which promotes or encourages illegal activity; or
breach any law, statute, contract, or regulation;
act in a manner that is obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing;
provide false, inaccurate or misleading information;
use an anonymising proxy; or
attempt to gain unauthorised access to Degrumbler or any networks, servers or computer systems connected to Degrumbler.
(together the “Restricted Activities”)
Except as expressly set out in this agreement or as permitted by any local law, you undertake:
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify Degrumbler or your access to Degrumbler;
not to engage in any of the Restricted Activities, nor control an account that is linked to any of the Restricted Activities;
not to make alterations to, or modifications of, the whole or any part of Degrumbler nor permit Degrumbler or any part of it to be combined with, or become incorporated in, any other programs or websites;
not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Degrumbler, except those parts of Degrumbler that are published under open-source licences;
to include our copyright notice on all entire and partial copies of Degrumbler in any form; or
not to provide, or otherwise make available, Degrumbler in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us, except those parts of Degrumbler that are published under open-source licences.
Notwithstanding these undertakings, you agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of Degrumbler otherwise than in accordance with this agreement or any applicable laws.
You warrant to us that all the information you provide to us is true and accurate to the best of your knowledge.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in Degrumbler, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The trade marks, service marks, and logos (“Trade Marks”) contained on Degrumbler are owned by us, our group companies or third party partners of us. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of us, the relevant group company or the relevant third party partner of us.
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 Degrumbler must always be acknowledged.
You must not use any part of the content on Degrumbler 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 Degrumbler in breach of this agreement, your right to use Degrumbler will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Uploading content to Degrumbler
Whenever you make use of a feature that allows you to upload content to Degrumbler, or to make contact with other users of Degrumbler, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
Any content that you upload to Degrumbler will only be used in accordance with your instructions. Degrumbler Ltd will not sell such content to third parties or use the content for purposes that are not set out in this agreement. To the sole extent it is necessary in order to complete your requests, you grant to us a perpetual, worldwide, non-exclusive, royalty free and fully paid licence to, without limitation, use, sublicence, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public the content.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Degrumbler constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on Degrumbler if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You acknowledge and agree that Degrumbler acts merely as a passive conduit and/or host for the uploading storage and distribution of such content. The views expressed by other users on Degrumbler do not represent our views or values. We cannot and do not review the Content created or uploaded by its users, and neither we nor our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor Degrumbler for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of this agreement or applicable law.
You are solely responsible for all of the content that you upload, post or distribute to, on or through Degrumbler, and to the extent permissible by law, we exclude all liability with respect to content and the activities of users.
Changes to these terms
We may revise this agreement (or any of the documents referred to in this agreement) at any time by providing at least fourteen (14) days’ notice by email. Please check this page to take notice of any changes we made, as they are binding on you. Continued use by you of Degrumbler shall constitute your consent to such changes.
We reserve the right to refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected, we reserve the right to close or merge these duplicate accounts without notification.
Use of Degrumbler is at your own risk. Degrumbler is provided on an “as is” basis. We do not warrant or guarantee that Degrumbler and all or part of its contents will be always available or that its use will not be interrupted.
You acknowledge that Degrumbler may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this agreement.
Nothing in this agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Degrumbler or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, Degrumbler; or
use of or reliance on any content displayed on Degrumbler.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Degrumbler or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on Degrumbler. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Consequences of termination
Upon termination or expiry for any reason:
all rights granted to you under this agreement shall cease;
you must cease all activities authorised by this agreement;
we may delete the content you have posted on Degrumbler; and
you must immediately cease using Degrumbler and certify to us that you have done so.
Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
Transfer of rights and obligations
This agreement is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.
We may assign, charge, novate or otherwise dispose of this agreement without your prior written consent. We will, however, provide you with at least 30 days’ notice if we assign, charge, novate or otherwise dispose of this agreement.
We are required to provide certain information to you in writing. By accepting this agreement, you agree that we can communicate with you electronically either by email or by posting notices on www.degrumbler.com .
This agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.
Law and Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.
To contact us, please email firstname.lastname@example.org
Last updated: 2nd May 2015