MyEd Limited – Website Terms & Conditions of Use

1. Acceptance of Terms

These terms of use, including the documents referred to in these terms (together, 'Terms'), govern your use of this website (https://www.MyEd.com) ('Site'), the services provided via or in connection with this website ('Service(s)') and the tools/resources and/or content provided via or in connection with this website ('Content').

Please read these Terms carefully before you start to use our Site, as these will apply to your use of the Site, the Services and the Content. We recommend that you print a copy of this for future reference.

By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.

We may amend these Terms from time to time. Please check the Terms from time to time to take notice of any changes, as they are binding on you.

2. Other Applicable Terms

These Terms refer to the following additional terms, which also apply to your use of our Site:

  • a)Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • b)Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with our Acceptable Use Policy.
  • c)Our Cookie Policy, which sets out information about the cookies used on our Site.

3. Information about Us

This Site is provided by MyEd Limited (‘MyEd’, ‘we’, ‘us’ or ‘our’). We are registered in England and Wales under company number 6977120 and have our registered office at Unit 6 Queens Yard, White Post Lane, London, United Kingdom, E9 5EN. Our VAT number is 113919128. We are a limited liability company. We can be contacted by e-mail (info@myed.com) or by post to the address set out above. We are registered as a data controller in the Data Protection Register, as required by the Data Protection Act 2018 and the General Data Protection Regulation. Our registration number is Z2877562.

4. Usage

You may use the Site, the Services and the Content only for your own personal, non-commercial, purposes in connection with your search for information concerning suitable nurseries, schools, colleges, universities and other educational establishments and related courses. Our Site, the Services and the Content are provided for use by the general public. Unless otherwise agreed in writing, they are not for business or other commercial use. You may not allow or enable any other person(s) to access or use the Site.

The Site and the Service is available to parents, carers, pupils and students free of charge. Charges may apply to other users. We do not guarantee that the Site, the Services or the Content will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Site or the Services without notice. We will not be liable to you if for any reason the Site, the Services or any Content is unavailable at any time or for any period.

We may also need to suspend or prohibit access to the Site from time to time for maintenance and other necessary works and in doing so we shall endeavour to keep any downtime to a minimum and, wherever practicable, confine it to unsocial hours.

You are responsible for making all arrangements necessary for you to have access to the Site.

Compliance with our Acceptable Use Policy is a strict requirement of your use of our Site. Any breach of that policy comprises a fundamental breach of these Terms.

5. No Reliance on Information

The Site and the Content is provided for general information only. It is not intended to amount to 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.

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 is accurate, complete or up-to-date.

The vast majority of the data and information on our Site is provided by third parties, including a range of government, learning institutions and other sources. Whilst we have every reason to believe that those third parties act reasonably and responsibly in their provision of information, we cannot guarantee the accuracy, relevance or completeness of the information they provide. We are therefore not responsible for any errors, or omissions, or for the results obtained from the use of such information.

Note: We recommend that you always contact any relevant educational establishments directly to verify relevant data and other information before placing any reliance on it.

6. Registration and Account Details

Some portions of our Site may be accessed and used without the need for registration. However, you will need to register to gain full access to and use of our Site and Services. Registration is free of charge.

Registered users must be either (i) aged 16 or over, or (ii) aged 13 or over and have their parent’s or guardian’s permission to register. You may be required to provide proof of the same as a pre-condition to registration. Anyone under 13 years is not eligible to be a registered user.

In the course of registering, or applying, for the use of our Site and/or Services, you will be required to provide certain personal information about yourself. We will process that information in accordance with our Privacy Policy You warrant and represent that any information you provide to us at any time shall be true, accurate, up to date and complete.

Your account details, including login and password, are personal to you and may not be used by anyone else to access our Site or Services. You agree to maintain the confidentiality and security of your account information, including your email address and password and not to disclose any details it to any third party. You also agree not to do anything which would assist anyone who is not a registered user to gain access to any services provided for registered users. You shall be responsible for any actions carried out by any person using your account details, whether or not the use or misuse is with your knowledge or approval.

You agree to notify us immediately if you suspect or become aware of any misuse of your account or account details. We reserve the right to terminate your registered user status if we suspect your account is being used by an unauthorised person. We also reserve 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 use a public computer to access our Site, you must not store your password and must log out from your registered account at the end of each session.

If you forget your password at any time, contact us here and we will send you an email and instructions to reset it.

7. Our Content

We are the owner or licensee of the rights (including intellectual property rights) in or relating to our Site and/or Content, which are protected by UK and other laws and treaties around the world. All such rights are reserved. Important restrictions apply to content generated by users of our Site or by third party providers, as explained in clause 8 below.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use. 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 must always be acknowledged.

You must not use any part of the Content 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 of use will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You may not use any metatags or any other hidden text utilising our trade mark(s) without our prior written consent and (save as mentioned above) you may not make any copies or modify, licence, create derivative works from, transfer, post, publish, transmit, reproduce, distribute or in any other way exploit the Content without our prior written consent.

The Site contains links to third party websites, services and/or content. We have no control over these sites and accept no responsibility in relation to their operation, services or content. You shall be solely responsible for evaluating the suitability, accuracy and completeness of any such websites, services and/or content, which are subject to third party terms of use and other provisions, including those relating to data protection. It is your responsibility to review and assess all such policies and terms of use before using any third party sites.

8. User Generated Content

The terms set out in this clause apply to any information, data, material or other content which you provide to us or which you post, generate, upload or submit to the Site, (together 'User Generated Content').

With respect to User Generated Content, you represent and warrant that:

  • a)you own or control all rights and/or have all appropriate consents or permissions for use;
  • b)it is relevant, correct and true (where you state facts), or genuinely held (where you state opinions);
  • c)use on the Site will not infringe the rights of any third party or any applicable laws, including without limitation any intellectual property rights or rights in respect of data protection or confidentiality; and
  • d)it shall comply at all times with the standards set out in our Acceptable Use Policy

Where the User Generated Content contains any third party materials or content, you will obtain all relevant third party consents before using or posting that content. You acknowledge and agree that the views expressed by you and other users in that content are your own views and that they do not necessarily reflect our views.

You grant us a non-exclusive, royalty-free, irrevocable, perpetual, fully transferable, worldwide licence to use, translate, publish, transmit your User Generated Content in any format or media, for all purposes connected with the Site and on any platform (whether now known or developed later) and to authorise third parties to do the same.

You agree that you have no rights in or relating to any content posted by any other Site user ('Third Party UGC'), save for the limited right required for your use of this Site and Content in accordance with these Terms. You may not use Third Party UGC for any other purpose without the prior written consent of the relevant user.

The User Generated Content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Generated Content but you hereby agree to grant us the right to use, store and copy it for all of the purposes required in connection with the operation of the Site and to distribute and make it available to third parties, including other Site users. You are solely responsible, at your cost, for taking and maintaining backup copies of any User Generated Content you post or store on our Site or otherwise provide to us.

You understand and accept that all User Generated Content will be posted publicly. We recommend you do not post any personal, or confidential information about yourself or any other person. Where you choose to make any public disclosure of any personal information relating to any third party, you must obtain all necessary consents and permissions before doing so. You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

You acknowledge that you are solely responsible for any personal data, or information you choose to disclose and make publicly accessible. You acknowledge that any personal data, or information (or any other User Generated Content) posted to publicly accessible areas may remain publicly accessible indefinitely. In line with our Privacy Policy you have the right to request any personal data to be deleted at any point.

You agree to indemnify and hold us harmless from and against any losses, damages, expenses or other costs we suffer as a result of your breaches of these Terms, including any such costs and losses relating to third party claims.

We reserve the right (but have no obligation) to delete or remove any User Generated Content at any time entirely at our discretion and you accept that we have no obligation to provide reasons or explanations for our actions. If we receive notice, or otherwise become aware, that User Generated Content violates applicable laws we reserve the right to inform the violated party and/or relevant authorities of the violation.

If any User Generated Content is found to be in breach of these Terms, we reserve the right to suspend or terminate your account immediately and to prevent you from further accessing our Site or Content.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content posted by you or any other user of our Site.

You may remove your User Generated Content from our Site at any time but you agree and accept that you shall have no right of removal of User Generated Content which needs to be used by other Site users and you accept that we may retain archived copies of your User Generated Content if required.

9. Liability

The Site, including the Service and the Content, is provided on an 'as is' and 'as available' basis. Although we represent and warrant that we have the right and authority to make the Site and the Service available for your use, we provide no other warranty in respect of the Site, the Service or the Content. We hereby exclude, to the greatest extent permitted under law, all and any warranties as to the availability, quality or fitness for purpose of the Site, the Service or the Content or the completeness, accuracy or currency of any information or data provided in connection with them.

We are not responsible or liable in any manner for User Generated Content posted on our Site. We do not control and are not responsible for what registered users or other users post, display, upload, publish transmit or share on our Site and are not responsible for any User Generated Content that breaches or is of a kind that might breach any provision of these Terms. We are not responsible for the conduct, whether online or offline, of users of our Site.

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 (i) use of, or inability to use, our Site, or (ii) use of or reliance on any Content.

To the extent permitted under applicable law, we exclude liability (whether under contract, tort or otherwise) for any indirect or consequential loss or damage suffered or incurred by you or for any loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time, loss of goodwill or anticipated savings arising out of your use of the Service, even if we have been advised of the same.

We assume no responsibility for the content of websites linked on our Site. 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.

Nothing in these Terms shall operate as an exclusion or limitation in respect of liability arising from (i) death or personal injury caused by our negligence, (ii) fraud or pre-contractual fraudulent misrepresentation, or (iii) any other liability which we may not exclude or limit under applicable law. [Save as aforesaid, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising shall be limited to the higher of (i) £50 (fifty pounds sterling) or (ii) the total fees paid by you to us in the 12 months immediately preceding the event or events to which the liability relates.]

We shall not be liable for any default, delay or failure in performance caused by events beyond our reasonable control.

10. Termination & Suspension

We may terminate your access to the Site if you breach these Terms.

We reserve the right in our sole discretion at any time to refuse you access to the Site, terminate your account with us or remove or edit Content. If we believe that unauthorised or improper use is being made of the Site or the Content, we may also, without notice, take such action as we deem appropriate to prevent or inhibit the said unauthorised or improper use.

We reserve the right to immediately and without notice withdraw, bar or suspend the provision of the whole or any part of the Site immediately (i) if you breach any of these Terms and/or (ii) if we reasonably consider the Site is being used in an inappropriate or improper way.

If we suspend your use of the Site for contravention of any part of these Terms, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention.

11. Trojan horses

We do not guarantee that the Site or the Content will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. 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 which 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 will cease immediately.

12. General

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.

The courts of England and Wales will have exclusive jurisdiction except that if you are a consumer resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are consumer resident in Scotland, you may also bring proceedings in Scotland.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be unaffected.

No forbearance or delay on our part in enforcing our rights shall prejudice or restrict our rights and no waiver of any rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

'MyEd', 'MyEd Open School' and the MyEd Logo are registered trademarks owned by MyEd Limited. You are not permitted to use them without our prior written approval.

Published on 24 February 2022
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