ROLLAMA GENERAL CONDITIONS
This Agreement details the
licence Rollama Education Ltd ("we" or “us”) grant users (to include
students, teachers and/or parents (Users)) and governs their use of the Rollama
educational resources and the https://Rollama.com
website (Site) (together all known as (Rollama). By subscribing (both on a paid
for, gifted and/or trial basis) to and/or using Rollama and/or the Site and/or
the Apps, Users are agreeing to the terms that appear below.
GENERAL
Users' access to and use of Rollama
is conditional on their acceptance and compliance with the terms, conditions, notices and disclaimers contained within this Agreement, the
Site and the Apps (General Conditions).
User's access to and use of Rollama
constitutes their agreement to be bound by the General Conditions. If you do
not agree to any of the General Conditions, you must immediately cease using Rollama.
We reserve the right to revise and
update the General Conditions at any time effective on the date of posting to
the Site the new and/or revised provisions.
All Users must agree to the Rollama
Privacy Notice (Privacy Notice). Access to and use of Rollama constitutes the
User's agreement to be bound by the Privacy Notice and constitutes the User's
consent to the collection, storage, use and dissemination of the User's
personal information in accordance with the Privacy Notice.
All Schools must agree to comply
with the terms and conditions contained in the Schedule to these General
Conditions (Data Protection with Schools). Access to and use of our products
and services, including Rollama constitutes the School's
(and their Users') agreement to be bound by the Schedule, and constitutes the
School's consent to the processing and handling of their Users' personal data
by us in accordance with the Schedule and our Privacy Notice.
We agree to comply with the terms and conditions contained in the Schedule to these General Conditions (Data Protection with Schools).
SUBSCRIPTIONS
In order to
access and use Rollama, all Users must have a valid subscription or trial. All
access and use of Rollama is strictly limited to the User's subscription period
(or where applicable, trial period). If a subscription period (or where
applicable, trial period) expires and the User has not applied for a new
subscription, the User's account will be immediately terminated.
All student/child data will be
automatically deleted by us on the date 12 weeks after the date of expiry of a
trial or subscription, if the school, tutor or family
has not subsequently renewed their subscription or trial. Please note that
subscriptions are not renewed automatically upon expiry.
Subscriptions to Rollama are for
non-commercial use only. Subscriptions are not transferable.
Unless expressly agreed with us
in advance, each school must have their own separate subscription to Rollama,
and subscriptions cannot be shared by multiple schools, whether within the same
ownership, academy trust or federation or otherwise. If a school is found to be
sharing its subscription to Rollama with any other school without our prior
permission, its account may be immediately terminated by us.
We reserve the right to
temporarily suspend and/or cancel unpaid subscriptions.
For family subscriptions, we
offer a no-questions-asked 30-day money back guarantee. To request a refund
within this period, please contact at [email protected] No refunds will
be offered after this time except in the event the goods/services are faulty
and cannot be repaired or replaced, or otherwise in accordance with applicable
statutory consumer protection laws.
Schools are entitled to one 30-day
free trial of Rollama prior to subscribing the school to Rollama for the first
time. To request a free trial for your school, please go to https://rollama.com/trial.
Once a subscription is taken out by a School or organisation, no refunds will
be offered except in the event the goods/services are faulty and cannot be
repaired or replaced, or otherwise in accordance with applicable statutory
consumer protection laws.
Users of the Site and/or Apps
are liable for their own internet usage and mobile device charges. It is the
responsibility of Users to ensure their computers, mobile devices and internet
access is sufficient to access Rollama.
Any User found to be
intentionally misusing the Site or Apps (e.g. hacking
or sending fraudulent results) will have their subscriptions revoked without
refund. Users are not to use rude or inappropriate words as part of their
avatar names.
Users must protect their
usernames and passwords from unauthorised use.
We reserve the right to levy
additional charges for access to resources beyond the scope of the initial
subscription. In some cases, additional subscription charges may apply for
premium additional content, mobile app access, as well as special educational
events or competitions. Discounts may be available to Users who also subscribe
to other products operated by us, albeit these are offered entirely at our
discretion. Please Contact at [email protected] for further details.
CONSUMER DATA POLICY
After payment, no credit card
details are retained or stored.
Stringent physical and
technological measures are taken to protect User's payment information.
OWNERSHIP OF CONTENT
All materials including those displayed
on the Site, including without limitation all information, text, materials,
graphics, software, tools, results derived from the use of software and tools,
advertisements, names, logos and trademarks, the Site and the Apps (Content)
are protected by copyright, trade mark and other
intellectual property laws unless otherwise indicated.
Copyright in the Site (including
text, graphics, logos, icons, sounds recordings, computer code and software)
and the Content is owned or licensed by Rollama Education Ltd (Company Number 13521924).
Except as expressly authorised by these General Conditions, or by legislation
or statute, Users must not in any form or by any means:
adapt, copy, reproduce, store,
distribute, print, display, perform, publish, or create derivative works from
any part of the Content; or
commercialise any information,
products, or services obtained from any part of the Content.
Users must not modify, copy,
reproduce, republish, frame, download onto a computer, upload to a third party,
post, transmit, share, or distribute this Content in any way except as
expressly provided for in these General Conditions or with our express prior
written consent.
Users must not use the Content
for commercial purposes without first obtaining our prior written consent.
ACCESS TO AND USE OF Rollama
Schools may print the Teacher Tip
posters of Rollama for use by their staff and students only.
Schools may print, and save
electronic copies of, the certificates, posters and
other resources specifically available on the Site for Users, but only if they
can keep all Content intact and in the same form as presented on the Site
(including without limitation all copyright, trademark and other proprietary
notices and all advertisements).
Users must not access or use the
Site or the Content in any manner or for any purpose which:
is illegal or prohibited by any
laws that apply to the User;
violates our rights in any way;
is prohibited by the General
Conditions.
Users must take their own
precautions to ensure that the process, which they employ for accessing the
Site and the Apps, does not expose them to the risk of viruses, malicious
computer code, or other forms of interference, which may damage their own
computer system or mobile device. We do not accept responsibility for any
interference or damage to users' own computer systems, mobile devices or data, which arises in connection with their
access and/or use of the Site and/or Apps.
DISCLAIMER AND LIMITATION OF
LIABILITY
Although we have no reason to
believe that any information contained within Rollama, including our Site
and/or Apps, is inaccurate, we do not warrant the accuracy, adequacy
or completeness of the information, nor do we undertake to keep the Site or
Apps updated.
We do not accept responsibility
for loss suffered because of your reliance on the accuracy or currency of
information contained in the Site or Apps. We and our directors, officers,
agents, employees and contractors do not guarantee or
warrant the Site and Apps will be uninterrupted, without delay, error-free,
omission-free, or free of viruses. The Content is provided "as is"
without warranties of any kind, express or implied, including as to accuracy, timeliness,
and completeness.
Neither we, nor our directors,
officers, agents, employees, or contractors will be liable for any loss or
damage, howsoever arising (whether in negligence or otherwise) in connection
with Users' use of, and/or access to, Rollama, the Site, the Apps, the Content,
or any omissions from the Content, save where legislation states otherwise.
INDEMNITY
All Users must indemnify us and
our directors, officers, agents, employees, and contractors and keep us and all
of them indemnified against all losses, actions, proceedings, costs, expenses
(including legal fees), claims and damages arising from any breach by the User
of the General Conditions.
TERMINATION
We may terminate access to the
Site at any time without notice. These General Conditions will nevertheless
survive any such termination.
ADVERTISING AND LINKS TO OTHER
WEBSITES
The Site may contain links to
third party sites (Linked Sites). Linked Sites are not under our control, and
we are not responsible for the content of any Linked Site. We provide these
hyperlinks to you as convenience only, and the inclusion of any link does not
imply any endorsement of the Linked Site by us or our directors, officers,
agents, employees, and contractors. Users navigate to any Linked Sites entirely
at their own risk.
Neither we nor our directors,
officers, agents, employees, or contractors give any representation or warranty
as to the reliability, accuracy, or completeness of any Linked Sites, nor do we
accept any responsibility arising in any way for any errors in, or omissions
from, any Linked Sites.
GENERAL
This Agreement shall be governed
by and construed in accordance with English law. The courts of England shall
have exclusive jurisdiction to adjudicate any dispute arising under or in
connection with these General Conditions.
If any of the General Conditions
are held to be unenforceable, invalid, or illegal for any reason, the remaining
terms and conditions will nevertheless continue in full force.
SCHEDULE TO GENERAL CONDITIONS
DATA PROTECTION WITH SCHOOLS
Please note that this Schedule
only applies to school subscriptions and not to family subscriptions. This is
because when contracting with schools, schools are “controllers” of data, and
we are considered to be “processors” of that data. Whenever a controller uses a
processor, standard contract terms need to be put in place to identify the
responsibilities and liabilities of each party regarding the processing of
data. For further details on data protection and family subscriptions, please
visit our Privacy Notice.
DEFINITIONS
In this Schedule, the following
terms shall have the following meanings:
"Controller",
"Processor", "Data Subject", "Personal Data" and
"Processing" (and "Process") shall have the meanings given
in Applicable Data Protection Law as amended from time to time;
"Applicable Data Protection
Law" shall mean: (i) prior to 25 May 2018,
Directive 95/46/EC of the European Parliament and of the Council on the
protection of individuals with regard to the processing of personal data and on
the free movement of such data together with any transposition of that
Directive into member state law to which the controller is subject; and (ii) on
and after 25 May 2018, Regulation 2016/679 of the European Parliament and of
the Council on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data, and repealing Directive
95/46/EC (General Data Protection Regulation);
"Company" means Rollama
Education Ltd (Company Number: 13521924) whose registered office is at Lyndhurst, 1 Cranmer Street, Long Eaton, Nottingham, NG10 1NJ,
United Kingdom;
"School" means the
relevant school or establishment using the Product;
"School Data" means
Personal Data relating to students, parents and guardians, and staff at the School, and other data regarding the school, including year
group information;
"Product" means the Rollama
educational resource which consists of worksheet
resources, the https://Rollama.com website
(the “Site”) and Rollama apps (the “Apps”);
A reference to writing or
written includes faxes, emails and writing in any electronic form.
GENERAL PROVISIONS
2.1. By continuing to use the
Product, and by providing the Company with the School Data, the School agrees
to the terms of this Schedule.
2.2. The School and the Company
acknowledge that, for the purposes of Applicable Data Protection Law, the
Company is a Processor and the School is a Controller
in respect of the School Data comprising Personal Data described in Annex A to
this Schedule (the “Data”).
The Company and the School shall
comply with all Applicable Data Protection Law in respect of the Processing of
the Data.
The Company shall Process the
Data as a Processor for the purposes described in Annex A to this Schedule and
otherwise strictly in accordance with the instructions of the School (the "Permitted Purpose"), except where
otherwise required by any EU (or any EU Member State) law applicable to the
Company.
The School
hereby instructs and authorises the Company to process the Data for the purposes
described in Annex A to this Schedule, and as otherwise reasonably necessary to
enable the Company to provide the Product to the School.
The School
warrants and represents that it has a lawful basis (pursuant to Applicable Data
Protection Law) for supplying all Data to the Company in connection with the
School’s use of the Product and the lawful Processing of the Data by both the
School and the Company for the purposes set out in this paragraph 2. The School shall indemnify the Company against all costs, claims,
damages, expenses, losses and liabilities incurred by the Company arising out
of or in connection with any failure (or alleged failure) by the School to have
a lawful basis for Processing Data.
INTERNATIONAL TRANSFERS
The Company shall not transfer
the Data (nor permit the Data to be transferred) outside of the European
Economic Area ("EEA") unless it first takes such measures as are
necessary to ensure any such transfer is in compliance with
Applicable Data Protection Law.
CONFIDENTIALITY OF PROCESSING
The Company shall ensure that
any person that it authorises to Process the Data (including the Company’s
staff, agents and subcontractors) (an "Authorised
Person") shall be subject to a strict duty of confidentiality (whether a
contractual duty or a statutory duty or otherwise) and shall not permit any
person to Process the Data who is not under such a duty of confidentiality.
The Company shall ensure that
all Authorised Persons Process the Data only as necessary for the Permitted
Purpose.
SECURITY
Taking into account the state of
the art, the costs of implementation and the nature, scope, context and
purposes of processing to be carried out by the Company, as well as the risk of
varying likelihood and severity for the rights and freedoms of natural persons,
the Company shall implement appropriate technical and organisational measures
to protect the Data from (i) accidental or unlawful
destruction, (ii) accidental loss, alteration, unauthorised disclosure or
access, and (iii) any other breach of security ((i),
(ii) and (iii) together, a "Security Incident") in each case
appropriate to that risk.
SUBCONTRACTING
The Company may appoint
sub-contractors to carry out any or all of its
Processing activities in accordance with the terms of this paragraph 6.
The School
hereby authorises the Company to appoint third parties to provide web and app
development services to the Company in connection with the Product, and third
parties to provide electronic data storage and transmission services to the
Company in connection with the Product.
The School
hereby authorises the Company to appoint the sub-contractors listed in Annex B
to this Schedule to carry out Processing activities in connection with the
Data. The Company shall use reasonable endeavours to promptly notify the School of any changes to the identity of such third parties
from time-to-time.
Save as permitted by paragraphs
6.2 and 6.3, the Company shall not appoint any other sub-contractor in
connection with the processing of the Data without the prior permission of the School.
Where the Company appoints a
sub-contractor pursuant to this paragraph 6, it shall ensure that the Company
imposes data protection terms on any sub-contractor it appoints that protect
the Data to the same standard as those provided for in this schedule and meet
the requirements of Applicable Data Protection Law.
The Company acknowledges that it
remains fully liable for the acts, errors, or omissions of any of its
sub-contractors in respect of the Processing of the Data.
COOPERATION AND DATA SUBJECTS'
RIGHTS
The Company shall provide all
reasonable and timely assistance (including by appropriate technical and
organisational measures) to the School (at the
School’s expense) to enable the School to respond to:
any request from a Data Subject
to exercise any of its rights under Applicable Data Protection Law (including
its rights of access, correction, objection, erasure, and data portability, as
applicable); and
any other correspondence,
enquiry or complaint received from a Data Subject, regulator or other third
party in connection with the processing of the Data.
In the event that any such
request, correspondence, enquiry or complaint is made directly to the Company,
the Company shall promptly inform the School providing
full details of the same and the School shall provide all reasonable and timely
assistance to the Company to enable the Company to take appropriate action.
DATA PROTECTION IMPACT
ASSESSMENT
If the Company believes or
becomes aware that its Processing of the Data is likely to result in a high
risk to the data protection rights and freedoms of data subjects, it shall
promptly inform the School and provide the School with
all such reasonable and timely assistance as the School may require in order to
conduct a data protection impact assessment and, if necessary, consult with its
relevant data protection authority.
SECURITY INCIDENTS
9.1. Upon becoming aware of a
Security Incident, the affected party shall inform the other party without
undue delay and shall provide all such timely information and cooperation as
the other party may reasonably require including in order for
the affected party to fulfil its data breach reporting obligations under (and
in accordance with the timescales required by) Applicable Data Protection Law.
9.2. The parties shall each
further take all such measures and actions as are reasonably necessary to
remedy or mitigate the effects of the Security Incident and shall keep the
other party up to date about all developments in connection with the Security
Incident.
DELETION OR RETURN OF DATA
10.1. Upon written request by
the School, the Company shall destroy all Data (including all copies of the
Data) in its possession or control (including any Data subcontracted to a third
party for processing).
10.2. This requirement shall not
apply to the extent that the Company is required by any EU (or any EU Member
State) law to retain some or all of the Data, in which
event the Company shall isolate and protect the Data from any further
processing except to the extent required by such law.
AUDIT
The Company shall permit the School (or its appointed third party auditors) to audit the
Company's compliance with this Schedule, and shall make available to the School
all information, systems and staff reasonably necessary for the School (or its
third party auditors) to conduct such audit.
The School
will not exercise its audit rights more than once in any twelve (12) calendar
month period, except (i) if and when required by
instruction of a competent data protection authority; or (ii) the School
believes a further audit is necessary due to a Security Incident suffered by
the Company.
The information and audit rights
of the School under paragraph 11.1 shall apply only to
the extent required by Applicable Data Protection Law.
The School
shall give the Company reasonable notice of any audit or inspection that it
wishes to conduct, and shall (and shall ensure that any nominated auditor
shall) avoid causing (or, if it cannot avoid, minimise) any damage, injury or
disruption to the Company or its sub-contractors’ business.
INDEMNITY
Each party (the
"Indemnifying Party") shall indemnify the other (the
"Indemnified Party") from and against all loss, cost, harm, expense
(including reasonable legal fees), liabilities or damage ("Damage")
suffered or incurred by the Indemnified Party as a result of the Indemnifying
Party's breach of the provisions of this Schedule, and provided that: (i) the Indemnified Party gives the Indemnifying Party
prompt notice of any circumstances of which it is aware that give rise to an
indemnity claim under this Clause; and (ii) the Indemnified Party takes
reasonable steps and actions to mitigate any ongoing Damage it may suffer as a
consequence of the Indemnifying Party's breach.
LIABILITY
The Company shall have no liability
to the School, whether arising in contract, tort
(including negligence), breach of statutory duty or otherwise, for or in
connection with:
loss, interception or corruption
of any Data resulting from any negligence or default by any provider of
telecommunications services to the Company or the School;
any loss arising from the
default or negligence of any supplier to the School;
damage to reputation or
goodwill; and/or
any indirect or consequential
loss.
Nothing in this clause shall
limit the liability of the Company for any death or personal injury caused by
its negligence, fraud or fraudulent misrepresentation, or any other matter for
which liability cannot be limited or excluded as a matter of law.
ANNEX A
Data Processing Description
This Annex A forms part of the
General Conditions and describes the Processing that the Company will perform
on behalf of the School.
DATA SUBJECTS
The School Data to be processed
concern the following categories of Data Subjects:
Pupils
Parents and Guardians
Staff
CATEGORIES OF DATA
The School Data to be Processed
concern the following categories of data:
school name and contact
information (including school postal address, phone number and email address),
teachers’ names and contact information (including phone numbers and email
addresses), students’ names, dates of birth (optional) and class year groups;
details of interactions that the
School and its Data Subjects have with us regarding the Product, together with
any other information that the School and its Data Subjects choose to provide
us with, for example, through correspondence and interactions with our customer
and technical support teams;
information collected
automatically relating to the Product to include information like a user’s IP
address, device type, unique device identification numbers and login
information, browser-type and version, time zone setting, operating system and
platform, broad geographic location (e.g. country or
city-level location) and other technical information;
information collected
automatically relating to the Product about how a user’s device has interacted
with the Site, including the pages accessed and links clicked, download errors,
length of visits to certain pages, page interaction information, and methods
used to browse away from any page;
the answers provided by users of
the Product to the English questions and the performance within Games.
PROCESSING OPERATIONS/PERMITTED
PURPOSE
The School Data will be
obtained, held and used by the Company to enable the Company to carry out its
obligations arising from the terms and conditions entered into between the
School and the Company regarding the use by the School
and its users of the Product, including the Site and Apps.
ANNEX B
Approved Subcontractors
|
Name |
Processing |
Weblink |
|
Hostinger |
Electronic data storage, cloud server and transmission service |
|
|
Stripe |
Third Party Payment Provider for Credit Card Transactions |
|
|
Xero |
Third Party Payment Provider for Invoice Handling |
|
|
Tawk.to |
Third Party Customer Service Platform |
|
|
Microsoft Office |
Third Party Cloud Storage Provider |
|
|
CloudFlare |
Electronic data storage, cloud server and transmission service |
|
|
Web/App Developers |
Contracted developers who build the Site and Apps |
N/A |
Address
Rollama Education Ltd
Lyndhurst, 1 Cranmer Street
Long Eaton
Nottingham
NG10 1NJ
United Kingdom
Company Details
UK Registered Co.: 13521924
Email:
Last updated: January 2023