End user terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE

TERMS OF USE 

These End User Terms and Conditions tell you the terms upon which you may make use of services, applications and websites provided by Talis, whether provided directly by us, indirectly through a contracted customer of ours, or via third party links or applications (Talis Services).  Use of Talis Services includes accessing, browsing or registering to use any websites provided or hosted by Talis.

Please read these End User Terms and Conditions carefully before you start to use any Talis Services as they will apply to your use of all Talis Services.  We recommend that you print a copy of these End User Terms and Conditions for future reference.

By using Talis Services you confirm that you accept these End User Terms and Conditions and that you will comply with them.  If you do not agree to these End User Terms and Conditions, you must not use Talis Services.

OTHER APPLICABLE TERMS 

These End User Terms and Conditions refer to and include our Privacy Policy and our Cookie Policy, which can be found towards the end of the document.  Our Privacy Policy sets out how we deal with your personal information when you use Talis Services.  Our Cookie Policy sets out information about the cookies we use within Talis Services.

If you access Talis Services via a third party application or website, including via a contracted customer of Talis, your use may also be subject to terms and conditions, privacy and cookie policies of those third party applications or websites and you are advised to check these terms, conditions and policies carefully before use.

ABOUT US 

Talis Services are operated by Talis Education Limited or another company in our corporate group (Talis/We/Us).  Talis Education Limited is a private limited company registered in England under company number 07196638 with its registered office at 48 Frederick Street, Birmingham B1 3HN.

CHANGES TO AND AVAILABILITY OF OUR SERVICES 

We may update, limit, modify or terminate some of all of the Talis Services from time to time and may change the content at any time.

Talis aims to ensure that Talis Services are available and operate correctly at all times and that content is securely backed up. However, we make no guarantee that:

  • Any of the content on Talis Services is up of date.
  • Talis Services, or any content on them, are free from errors or omissions.
  • Talis Services, or any content on them, will always be available or be uninterrupted.
  • Talis Services will be secure or free from bugs or viruses.
  • Content on Talis Services will be recoverable from backups.

ACCESSING OUR SERVICES

You are responsible for making all arrangements necessary for you to have access to Talis Services including configuring your information technology, computer programmes, internet access and platform.  You are also responsible for ensuring that you have appropriate anti-virus protection and that any user content is backed up or otherwise secured.

You are also responsible for ensuring that all persons who access Talis Services through your internet connection are aware of these End User Terms and Conditions and other applicable terms and conditions, and that they comply with them.

You must not attempt to gain unauthorised access to Talis Services, the server on which Talis Services are stored or any server, computer or database connected to Talis Services.  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 Talis Services will cease immediately.

YOUR ACCOUNT AND PASSWORD 

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 this End User Terms and Conditions.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at legal@talis.com.

UPLOADING CONTENT TO OUR SERVICES

Whenever you make use of a feature that allows you to upload content to Talis Services and to any interactive services associated with it, or to make contact with other users of Talis Services, such contributions by you must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive.
  • Facilitate or promote illegal activity.
  • Infringe any copyright, database right or trademark of any other person.
  • Depict sexually explicit images or promote sexually explicit material.
  • Discriminate or promote discrimination based on race, gender, nationality, religion, sexual orientation, disability or age.
  • Be used to impersonate any other person, misrepresent your identity or affiliation with any person or organisation, or give the impression that they emanate from us.
  • Contain any material containing viruses, worms, Trojan horses, logic bombs or other material which is malicious or technologically harmful.
  • Impose an unreasonable or disproportionately large load on infrastructure and/or deliberately degrade or disable Talis Services or prevent or impede the delivery of any legitimate data.
  • Circumvent any usage or rate limits that may be placed on your use of Talis Services or the use by the organisation (being a customer of Talis) to which you are affiliated.
  • Interfere with any other party’s use and enjoyment of Talis Services.
  • Be otherwise illegal or cause damage or injury to any person or property.

You warrant that any such contribution will comply with the spirit and the letter of the standards outlined above, and you will be liable to us and indemnify us for any breach of that warranty.  This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.  The standards apply to each part of any contribution as well as to its whole.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Talis Services constitutes a violation of their legal rights including, without limitation, intellectual property rights or their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of Talis Services.

We have sole discretion to remove any posting you make on Talis Services.

The views expressed by other users on Talis Services do not represent our views or values.

INTELLECTUAL PROPERTY RIGHTS 

In this section, the following terms have the followed meanings:

“Intellectual Property Rights”

patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

“User Content”

any content uploaded to Talis Services by a user in accordance with these End User Terms and Conditions, including comments and communications with other users.

We are the owner or the licensee of all intellectual property rights in the Talis Services, and in the material published on it other than User Content, and license such rights to you only to the extent necessary for you to use the Talis Services in accordance with their intended operation and these End User Terms and Conditions.

Where you upload User Content onto Talis Services then you shall maintain all intellectual property rights in the that content, subject to any existing third party rights that may exist in such User Content.  By uploading User Content you licence such content to us, but only to the extent necessary for the purposes of providing Talis Services to you and other users or as set out in the Privacy Policy.

Except where stated otherwise in any licences or terms that apply to the relevant content (which may restrict use to certain users or otherwise restrict available use of material):

  • You may download extracts of any page(s) from Talis Services for your personal use and you may draw the attention of others within your organisation to content posted on Talis Services.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
  • You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • You must not use any part of the content on Talis Services for commercial purposes without obtaining a licence to do so from us or the content owner.

It is your responsibility to ensure that you are familiar with, and comply with, all applicable licence terms in respect of content published on Talis Services – for example you may be entitled to read such content but not print it.

If you print off, copy, download or otherwise use any part of Talis Services in breach of these End User Terms and Conditions, your right to use Talis Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE 

The content on Talis Services is provided for general information only.  It is not intended to amount to advice on which you should rely.  You are responsible for obtaining appropriate professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on Talis Services.

Although we make reasonable efforts to update the information on Talis Services where supplied by us, we make no representations, warranties or guarantees, whether express or implied that the content on Talis Services is accurate, complete or up-to-date.

LIMITATION OF LIABILITY 

Talis Services and their content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permitted under applicable law.

Nothing in these End User Terms and Conditions 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 may not 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 Talis Services 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, Talis Services and/or use of or reliance on any content displayed on Talis Services.

If you are a business user, please note that in particular we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation and/or any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide Talis Services for domestic and private use.  You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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 Talis Services or to your downloading of any content on it or on any website or application linked to it.

Different limitations and exclusions of liability may apply to any liability arising as a result of the supply of services by us to you if and only if set out in a separate written master services agreement between us.

THIRD PARTY LINKS 

Where Talis Services contain links to websites, applications and resources provided by third parties, these links are provided for your information only.  Please note these websites, applications and resources may have their own privacy policies, cookie policies and terms of use, which you should read prior to accessing or using them.  We have no responsibility for the content of those websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.

CHANGES TO THESE END USER TERMS AND CONDITIONS

We may revise this End User Terms and Conditions, including the attached Privacy and Cookie Policies, at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.  Some of the provisions contained in this End User Terms and Conditions may also be superseded by provisions or notices published elsewhere on Talis Services.

CONTACT 

If you have any queries or comments relating to these End User Terms and Conditions, please contact legal@talis.com.

APPLICABLE LAW 

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law.  You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.  We both agree to the exclusive jurisdiction of the courts of England and Wales.