Collins terms of service (‘TOS’)

1. Introduction
Collins Education, a division of HarperCollins Publishers Ltd; Westerhill Road, Bishopbriggs, Glasgow G64 2QT is the provider of the Collins Assessments (the “Service”) currently available from the Collins web site at collins.alfiesoft.com or such other web site as Collins may from time to time use (the “Web Site”) which may include (but are not limited to) Collins service materials comprising the school Data Richness audit, training, design and format of assessment tests and the results of such tests, whether supplied online, off-line or in a paper- based format (collectively referred to as the “Service Materials”) together with the interpretation and analysis of such test results.
This document will form the basis of your legal agreement with Collins (the “Agreement”). By ticking the TOS agreement on the Web Site; paying the invoice for the Service; or using the Service the School agrees to the TOS as a binding contract.

2. Other Agreements
Collins may change the TOS from time to time without notice. The School can review the most current version of the TOS at anytime at www.collinseducation.com/assessmenttos. If there is any conflict between these terms and conditions and those on the Web Site then the Web Site terms and conditions will prevail. These terms are separate from any free trial or other offer period terms that you may or may not have entered into before signing up to this Agreement.

3. The Programme
Under this Agreement Collins agrees to provide access to the Service.

4. Use of the Programme
In consideration of payment by you to Collins of the prices as set out on the accompanying invoice Collins grants to you the limited right to use the Service from the date of acceptance of this Agreement unless terminated by either party in accordance with the terms detailed below. You may only use the Service for your non-commercial personal use and the use of teachers and pupils within your school for the purposes of education and assessment (the “Purposes”). The Service is provided by and the Service Materials are owned by Collins.

5. Ownership
This Agreement does not provide you with title to or ownership of the Service Materials nor does this Agreement provide you with any exclusive or perpetual right to use the Service Materials beyond the limits of this Agreement.

6.1 Restrictions on Use - word doc assessment tests
These can be saved and shared freely with members of the School, but will not be made available in any form to any person outside of the School.

6.2 Restrictions on Use – all other service materials
Save as set out below you shall not copy or permit any third party to copy the Service Materials. You shall not alter, modify, adapt or translate the whole or any part of the Service Materials in any way whatever or permit the whole or any part of the Service Materials to be combined with or become incorporated in any other computer program nor decompile, disassemble or reverse engineer the same nor attempt to do any of such things. To enable you to make use of the Service, permission is hereby granted to you to electronically copy and store (but not on any server or other storage device connected to a network) and print individual pages of the Service Materials on paper and photocopy them only for the Purposes. Any other use of the Service Materials, including reproduction for purposes other than that hereby authorised (including the removal of copyright or trade mark notices), the creation of an electronic or manual database by systematically downloading and storing the Service Materials, or their distribution (whether electronically or not) or republication, is prohibited. Any requests for permission to use the Service in a manner otherwise than permitted by this Agreement should be emailed to it.helpdesk@harpercollins.co.uk.

7. Security
Teachers are required to use passwords in order to access the Service. Learners are required to use personal details to access the service. The responsibility of ensuring that the passwords and personal details are not revealed or disclosed to any third party is with you and you must use all reasonable endeavours to keep them secure. If you become aware that a third party knows or has discovered the passwords, you must contact: it.helpdesk@harpercollins.co.uk or telephone 0141 306 3322 You must observe any user instructions of which Collins may notify you from time to time. These user instructions may be liable to change and if this happens Collins will notify you, and you must observe any new user instructions of which Collins notifies you.

8. Improvements and Updates
Collins reserves the right to:
(a) Add additional functionality to the Web Site;
(b) Provide additional services from time to time;
(c) Introduce updates to the Service;
which may at Collins’ sole discretion either be provided as part of the Service or provided for an additional fee.

9. Intellectual Property
Unless stated otherwise, any intellectual property rights arising in respect of the Service and the Service Materials belong to Collins and/or its licensors. Any use of such intellectual property rights or software is strictly prohibited except where expressly allowed under this Agreement. The “Collins” name and the Collins logo are trademarks of HarperCollins Publishers Ltd. You are not permitted to use or reproduce or allow anyone else to use or reproduce these trademarks for any reason.

10. System Requirements
Collins aims to use appropriate technology to ensure that you are provided with the best quality of service. As such the functionality of the Collins service may change from time to time and Collins cannot guarantee the availability of the Service on any particular system or browser. The operation of the Service requires Internet connectivity. You are responsible for making appropriate arrangements with an Internet service provider.

11. Limitation of Liability
Collins will provide the Service with its reasonable skill and care. However Collins does not warrant that the functions contained in the Service will meet your requirements or that the operation of the Service or Web Site will be uninterrupted or error free. The warranties and conditions stated in this Agreement are in lieu of all other warranties, conditions or other terms whether express or implied.

12. Limitation of Remedies
Collins’ liability in respect of the use of or inability to use the Service or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if Collins or its employees or agents are advised of the possibility of such damages or losses, shall be limited to the amount of the fee(s) paid by you to use the Service in the period of 12 months immediately preceding the event giving rise to such liability. Whether or not Collins has been advised of the possibility of such loss, Collins shall not be liable in contract, tort or otherwise howsoever for indirect loss of profits or of the use of money; loss of revenue; loss of business or goodwill; loss of, damage to, or corruption of data; or loss of opportunity whether arising out of or in connection with or in relation to the Web Site or the availability or non-availability of the Web Site or the supply or non-supply of the Service or otherwise under this Agreement. You hereby agree to fully indemnify Collins against any claim brought by a third party resulting from use of the Service by you in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by Collins in consequence of your breach or non- observance of this Agreement. In addition, you shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against Collins arising from any such claims and shall provide Collins with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims at your own expense. Nothing in this Agreement shall exclude or limit the liability of Collins for personal injury or death caused by its negligence. Collins is entitled to terminate this Agreement on 3 months’ notice. In the event of such termination, Collins will reimburse you any fee of a recurring nature previously paid in advance in respect of any period of this agreement falling after the date of such termination. If you breach any of the terms of this Agreement, Collins is entitled to terminate immediately.

13. Data Protection
In transmitting data to Collins, you warrant that you have all the necessary consents and authorisation to disclose personal data and are fully compliant with all applicable Data Protection legislation and will indemnify Collins from any losses, costs and penalties for breach of this warranty. Collins takes the issue of data protection very seriously and its policy is set out in its Privacy Statement which can be found on its Web Site. So that Collins may comply with its obligations under Data Protection legislation, you are required to read and agree to the Privacy Statement before providing Collins with any information. It is your responsibility to make sure that information which Collins holds about you and your learners is up to date and accurate. Failure to comply with this clause is a breach of this Agreement. Collins reserves the right to use data gathered from the information that you have supplied having deleted reference to students, school or college names, for educational or other purposes.

14. Force Majeure
Neither party shall be under any liability to the other in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely, circumstances beyond the control of the parties which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority. In particular this clause applies to Collins being unable to supply the Service due to the failure of its own service providers from time to time.

15. Notices
Any notices to be issued under this Agreement may be made via email or post. Notices to Collins should be sent to its registered address or to it.helpdesk@harpercollins.co.uk. You must provide an email and postal address to send you notice. Either party may change the address to send notices by notifying the other of such a change in writing. Notices sent by email will be deemed received on the next business day and notices sent by post deemed accepted on the third business day after posting. For the purposes of this clause no account shall be made for school holidays.

16. Governing Law
This Agreement shall be governed in all respects by English Law and the parties agree to the non-exclusive jurisdiction of the English courts.

17. Third Party Software
Software of third parties is provided under the licence terms of the relevant third parties.

18. Severability
If any part, term or provision of this Agreement is held to be illegal, unenforceable or in conflict with the law the validity or enforceability of the remaining clauses shall not be affected.

19. Third Party Rights
This Agreement does not create any rights in favour of a third party.

20. General
You may not assign, sublicense or otherwise transfer any of your rights under this Agreement. Collins may assign the benefit and the burden of this Agreement.