DeRep Ltd Conditions of Use Ref SR12
Govern DeRep's relationship with you with regard to the websites accessed by the addresses www.derep.net and www.derep.co.uk.
Form an Agreement between you and DeRep.
Definition of the parties The term DeRep refers to an entity which is independent and legally separate from DeRep Ltd. DeRep owns all copyright and Intellectual Property Rights in the entire DeRep system, in the entire DeRep website and in the AtriMark system and owns all trademarks associated with both DeRep and AtriMark. 'Us' or 'we' or 'our' refers to DeRep Ltd trading as DeRep under license from DeRep or to it’s successor or successor in title trading as DeRep and the binding effect upon you of all of the DeRep Conditions of Use shall upon any such succession be wholly and automatically assigned to any such successor. The term 'you' or 'your' or 'user' or 'User' refers to you as one of the following: (a) As a person who is the user or viewer of our website and you hereby confirm your classification in this respect as a professional or trade or vocational user and not a Consumer as defined by the appropriate legislation or regulations. The DeRep website is not a consumer website. If you become a Consumer then you must not use the website and you must terminate your account with DeRep. (b) A legally defined entity which includes for example but not limited to a company owned by shareholders, a school, a public body and which requires an appropriate representative of such entity to confirm on behalf of said entity said entities agreement with the DeRep Conditions of Use. As a person who on behalf of such an entity is confirming said entities acknowledgement of and agreement with the DeRep Conditions of Use you warrant that you are either authorised to do so or have been expressly given such authority to make this specific agreement. Furthermore if and when you use DeRep to generate reports or data in addition to your role as an administrator for the entity then you also confirm your agreement to the provisions of (c) below. (c) A person who is using DeRep but who does not pay the Annual Fee individually because such use is paid for by an entity as defined above but you hereby confirm your acknowledgement of and agreement to the DeRep Conditions of Use in all respects except that of being liable to pay the Annual Fee. The term DeRep's licensors refers to the third party who are the owners of the intellectual property (IP) used by DeRep and who license DeRep to use such IP and in the interests of clarity it is hereby confirmed that DeRep Ltd does not own any of the IP which DeRep uses. The entity known as DeRep does not form part of the contract between us and you or between us and any user except in so far as the fact that the contract recognises that any and all copyright material and any and all intellectual property rights are wholly owned by a third party known as DeRep. Other than said recognition and acceptance of the responsibilities that that confers the contract is between DeRep Ltd and you. The entity known as DeRep has and shall have no liability to either you or us or to any user.
Contact Us Details
DeRep Ltd address (for accounts and legal notices): 8 The Oval Guiseley Leeds LS20 8JZ
DeRep Ltd telephone number and email address: Customer support & engineers: Please see the website or written Telephone: Please see website. Email: firstname.lastname@example.org
Your address: You warrant that your address, as given at Registration, and maintained by you in your Account Details, is the address to which we can communicate any information or notice regarding these Conditions of Use.
Changes to addresses: We will notify you of any change to the address for accounts and legal notices and you warrant that you will update your address in your Account details promptly at the time of any change.
Superiority of these Conditions of Use In the event of a conflict between the DeRep Ltd Conditions of Use and any terms or conditions of purchase used by you then the DeRep Ltd Conditions of Use shall prevail.
Payment method and timing Unless otherwise stated by DeRep Ltd in writing you must pay the DeRep Ltd service Annual Fee within 7 days of DeRep Ltd initiating the transmission of an invoice to you and payment must be made either by on-line card payment via the DeRep website or by Standing Order, bank transfer or Direct Debit.
Bold headings are for visual assistance only The bold headings (the text and paragraph headings shown in bold type which are used in the DeRep Ltd Conditions of Use) do not form part of the legal interpretation of any of the DeRep Ltd Conditions of Use and are only present to help identify and divide the main components of the DeRep Ltd Conditions of Use.
Failure of a condition or of a part of a condition shall be a discrete failure and non-enforcement does not constitute a waiver In the event of the failure for whatever reason of any of the DeRep Conditions of Use or part(s) thereof then any such failure shall not effect any part of a Condition or any Condition by association in any way. Non-enforcement of any Condition or part thereof shall not be construed as a waiver.
Separability and separate term validity These Conditions are severable in that if any Condition or part thereof or any other provision of these Conditions howsoever arising is determined to be illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed to have been deleted without affecting the remaining Conditions. Numbers and Headings in these conditions are for reference purposes only and shall not affect the interpretation of any Condition.
Prevailing law governing these Conditions of Use Your use of this website and any dispute arising out of such use of the website is subject to the law of England and Wales.
Governing jurisdiction Adjudication in any matter or dispute relating to these Conditions of Use and or any matter or dispute relating to the use of this website and or any matter or dispute relating to DeRep shall occur exclusively and entirely within the jurisdiction of the courts of England and Wales.
Intended use of content The content of the pages of this website is for your general information and use only.
User definition Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. You will not use any content for or on behalf of a third party.
Changes to content or functionality Content and or functionality is subject to change without notice.
Changes to Conditions of Use One or more conditions of use may be changed at any time by DeRep and any such change in the Conditions of Use will be effective immediately once reflected in the text of the Conditions of Use as published on the website. Please note the edition reference for the DeRep Conditions of Use is clearly shown on this document and it is your responsibility to check from time to time to keep yourself up to date. It is your responsibility to familiarise yourself with the new version of the Conditions of Use. You have a right (as noted elsewhere in these Conditions) to terminate your relationship with DeRep. Following a change in the Conditions of Use your subsequent use of the DeRep website is deemed your complete acceptance of the new version of the conditions.
Intellectual Property Ownership (including copyright) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, comments and graphics. This website and its content is copyright of DeRep and all rights are reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may print or download to a local hard disk extracts for your personal and non-commercial use only or, if you are employed at a school, college, university or other such educational entity which is recognised as such then for your own reasonable personal or professional use as you deem fit for reports about and or for people undergoing recognised education only.
You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
You may not allow any person other than yourself to use your access codes or passwords in order to access and or use the DeRep website.
Parts of the DeRep website are patented or patent pending Parts of the DeRep website are patented or patent pending and either attempting or actually accessing, altering or copying any part of the devices covered by patents or pending patents is prohibited.
Trade marks All trade marks referred to on this website are the properties of their respective owners and copying is prohibited. “DEREP” and “ATRIMARK” are registered trademarks.
DeRep acquires full IP rights over all comments submitted for inclusion in the Users personal DeRep comment repository and in the DeRep general comment database The user can write comments in any medium and copy them into the User's personal DeRep comment repository or, in certain circumstances, copy them into the DeRep general comment database. All comments which are to be added to the DeRep general comment database in respect of any attribute are subject to a quality control procedure as follows: All such comments may be subject to inspection by DeRep after the comments have been submitted. Comments which are at the entire discretion of DeRep found to be acceptable will be entered into said database. If at the entire discretion of DeRep any submitted comments are found to require further work then they will either be referred to the comment writer with an appropriate suggestion or, at the entire discretion of DeRep, in extreme circumstances the comment may be abandoned. If any comment is found to already exist in the DeRep website in an identical form, character for character, then the program will automatically ask you to re-word it - this is done at the point of submission. You acknowledge and accept that you will lose all rights to your comments once they have been submitted to DeRep. All rights which can be associated with a comment, including but not limited to copyright and intellectual property rights, become the sole property of the DeRep upon receipt of the comment from the comment writer irrespective of whether the comment is destined for or placed in the User's personal DeRep comment bank repository and or in the DeRep general comment database.
The owners of the IP used by DeRep acquire full IP ownership and rights over all changes to the DeRep program, programs, website and published material If the DeRep program, programs, mechanisms, website, website user interfaces and or published material changes in any way (for example but not limited to edit, improvement, development, expansion in any way) then the DeRep licensors acquire full IP ownership and rights over any and all changes irrespective of whether or not any such changes arise either wholly or partially from any idea or suggestion or request made to DeRep or to DeRep's licensors or their contracted developers by any of DeRep's users or customers or any third party howsoever related to and irrespective of whether or not related to or connected to the licensors of the IP used by DeRep.
No warranty is given by DeRep nor liability accepted by DeRep for reports or information obtained from the DeRep website Your use of any information or materials on this website is entirely at your own risk, for which we are not and shall not be be liable. Neither DeRep nor any third party makes any representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that your knowledge and skill as a professional teacher or lecturer or other person or entity professionally engaged in education and as a user of the DeRep service and its products is greater than (or equal to) that of DeRep and that consequently you have relied on and will rely on your own judgement in assessing the quality and suitability for your purposes of the services and products supplied by DeRep. You acknowledge that information and materials found or offered on this website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by this User Agreement and by the law. In no event will DeRep be liable to you or a third party for any loss or damage whatsoever howsoever linked to your use of this website including without limitation loss or damage linked in any way to the services or products available to or used by you from this website including without limitation any indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of data or loss of profits or loss of earnings arising out of or in conjunction with the use of the website.
Samples and descriptions Any sales or marketing or catalogue description or sample exhibited to you at any time by any media either before or after your use of DeRep is communicated merely to present a general idea of the product and or service subsequently provided and no such communication shall constitute any contractual term or obligation.
Failure of the website Should the website fail for any reason whatsoever and for any period whatsoever then DeRep shall not be responsible for any reduction in your productivity or for any indirect or consequential loss or damage howsoever arising.
Loss of data Should you elect to store data on the DeRep website or any repository of any description whatsoever howsoever related to DeRep then should such data be lost due to any reason whatsoever and for any period whatsoever then DeRep shall not be responsible for any reduction in your productivity or for any indirect or consequential loss or damage howsoever arising.
No warranty given nor liability accepted for websites mentioned on or linked from DeRep From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for or liability in relation to any aspect of such other website(s).
Response to criminal damage and redress for damages Any attempt to hack, alter or deny access to other users will result in legal action to the full extent of the law.
Registration Set Up Fee, Annual Fee and Termination (Cancellation)
Registration Fee and subsequent Annual Fee At the end of a trial period you can decide whether or not it will be worth continuing with DeRep. If you decide that DeRep is not worth the fee then just click “No thanks” and then only the fee for the trial period and registration set-up (referred to hereafter for the purposes of these conditions only as the Registration Fee) will be payable unless at the entire discretion of DeRep a promotional offer is currently running, in which case it may be waived or reduced. If you decide that the DeRep product is worth the fee and that you accept and agree with these Conditions of Use then to continue your use follow the online procedure on the wsbsite to create a full account. You will still only be charged the Registration Fee and you will not be billed for the Annual Fee until 12 months later. The Annual Fee amount is notified before each 12 months period and you will not be charged more than that amount for that 12 month period (the Fee Period). The Annual Fee is a payment in arrears. Agreeing to the Registration Fee and or the Annual Fee allows you to access DeRep, to use the DeRep report generating facility and to freely use the reports thereby generated whether by copy and paste or by any other method approved by DeRep. If you not an individual user of DeRep and are instead an entity comprising more than one user (for example a school) then the Annual Fee is based on the number of individual users within that entity and it allows the use of a grater range of DeRep facilities. A comparative illustration of how the DeRep is charged is that of a gym or fitness club where you pay a fee for the right to freely access the and use its equipment - except that with DeRep the fee is payable after the period of use and not before. If you do not use DeRep then this will not effect your liability to pay the Annual Fee because the Annual Fee is for availability during the Fee Period and not for any amount of use. Non-payment of an Annual Fee may result in suspension of access to the DeRep website and facilities and products and any such suspension does not require or oblige DeRep to give you any notice or explanation either before or after the suspension.
Termination due to misuse If, at the entire discretion of DeRep, your use is clearly in excess of that which would be associated by a single professional teacher in the normal fulfilment of their teaching vocation then DeRep can immediately and without notice suspend or terminate your access to all parts of the site including the Forum without any refund or liability whatsoever attaching to DeRep.
Cancellation Policy (Termination of your Account by either party)
Should either party (meaning either you or DeRep) wish at any time and for whatever reason and at either party's entire discretion, to close your account with DeRep then this is effected either by an email or by a posted letter from one party to the other stating the wish to close (terminate) your account.
There is no notice period required and such termination simply triggers both the closing of your account (as soon as the instruction is actioned by DeRep) and the payment of any outstanding Annual Fee.
There is no reduction in an Annual Fee if termination by you is dated less than one year from the date the Annual Fee was agreed or renewed because it is a fixed charge, made in arrears, for a Fee Period of up to one year unless at the entire discretion of DeRep a promotional offer is currently running, the terms of which allow, in the event of cancellation during the first year, a Annual Fee which only covers (pro-rata) the period up to the date of cancellation.
Except as aforementioned termination of your account does not affect any liabilities accrued to the date of termination.
Refund Policy As you pay for the availability of DeRep in arrears, i.e. after you have had the service availability, it is not possible to envisage any situation in which you may be legally or morally due a refund. However, should a refund of a Annual Fee or part thereof be agreed as a goodwill gesture or for a reason arising which can not be envisaged in advance then DeRep shall pay said refund to you using a payment means determined at the time and at the entire discretion of DeRep. For the avoidance of doubt DeRep will always prefer to transmit a refund by the same means by which the original payment, to which the refund refers, was transmitted to DeRep.
Deliveries and Returns DeRep offers access to its website in return for a payment. No physical goods are delivered, therefore there is no delivery & returns policy.
Complaints If you have any Complaints please contact us at the address shown in “Contact Us”.
Failure to comply with any of the following rules will result in a forum administrator taking whatever action and with whatever notice (if any) that the forum administrator in his or her entire and sole discretion deems appropriate (including a ban from the forum). Non-enforcement of any rule or part thereof shall not constitute a waiver of said rule.
Do NOT post spam. All spam will be removed and the user banned from the forum.
Do not be abusive towards other members of the site.
Any sticky topic posted at the top of a board shall be considered a rule(s) if the contents reasonably merit that they be treated as a rule(s).
All users acknowledge that the administrators of DeRep have ultimate control over topics that a user posts and that they can at their entire and sole discretion and without notice remove a post or thread without any user having any right of appeal or compensation.
Flaming and trolling is prohibited and if in the opinion of an administrator a user is seen to be doing so then the administrator may at their entire and sole discretion take whatever action they deem appropriate and without notice and without the any user having any right of appeal or compensation.
Please search your topic before starting a new thread.
Any content posted that is deemed illegal or makes references to illegal content is prohibited.
Do not 'bump' topics that are still on the first “page” of the forums.
Private disputes must be handled privately. Do not use the forum for this.
We may collect the following information:
Information that you provide to us for the purpose of registering with us including your name and email address.
Information about your computer and about your visits to and use of this website.
Demographic information such as postcode, preferences and interests.
Other information relevant to customer surveys and/or offers.
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may occasionally send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We do not knowingly collect information from people under 18 years of age, we do not allow children under 18 to use our site.
Security: We are committed to ensuring that your information is secure. DeRep will take reasonable precautions to prevent unauthorised or malicious theft of names and addresses by a third party however because it can not be guaranteed that such an unwanted breech of security will not occur DeRep shall not be liable in anyway whatsoever to you or to a third party linked to you for any direct or indirect or consequential loss should such a breach occur. To enhance your security DeRep only takes your year of birth. DeRep does not take your day of birth or your month of birth or your middle name or initial and does not take any suffix to your name.
Some of the ways you can reject cookies: Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. Users have the opportunity to set their devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.
Links to other websites: Our website may contain links to other websites which we feel that you may wish to investigate. However, once you use any such link you will leave our site and you must note that:
We do not have any control over that other website.
We cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites.
Controlling your personal information or, where you are an entity which is not a person, your corporate or other identifying information: As a formality in virtually all business relationships the contact information (name and address of the other party) are noted by each party to the relationship. Our name, postal address and email address is published above. We record your name, postal address and email address (as mentioned elsewhere in these Conditions) but it is kept private – it is not published. You may receive billing information or receipts from us relating to your account and you may receive other information from us relating to the DeRep service and the conditions of that service. You may also receive information from third parties who are suppliers of goods and services related to the teaching profession - this information could be of value to you in your capacity as a professional teacher. The options regarding your personal information are as follows:
DeRep strictly restricts its disclosure of contact information to third parties on condition that your contact information will only be used to send you marketing material for products or services related to the teaching profession. However, if you do not wish to receive information about such products or services then, whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want your contact information to be used by anybody other than DeRep for marketing purposes.
If you do not initially indicate that you do not wish to receive such information, but then change your mind later, you can notify us of this at any time by writing to or emailing us at email@example.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will correct any information found to be incorrect.
Data that you place in the DeRep program
With regard to the individuals (students or people) who are the subjects of the reports you create neither DeRep Ltd nor the DeRep program allows or facilitates the storage of personal information to the extent that such individuals can be identified by a third party.
To use DeRep you must be one of the following (and must cease using DeRep if you cease to be so): 1. A person using DeRep in their professional capacity only. 2. A school or corporate entity using DeRep in it's professional capacity only.
Whichever type of DeRep user you are the data that you place in the DeRep program which is related to the people who are the subjects of the reports you create is under your control and your responsibility and you must action the removal of part of or all of the data as appropriate at the appropriate time. You can also request in writing (by email or post) that DeRep removes defined proportions of or all of your data and such requests can be made as frequently as your professional requirements dictate.
For purposes of the Data Protection Acts or any equivalent, subsequent or similar legislation or regulations for the time being in force you are the Data Controller and you, not DeRep Ltd., are responsible for any required record keeping of the purpose, usage and storage of data which you, using DeRep's facilities, move to, store in, extract from, or delete from the DeRep program.
You shall be liable for and shall indemnify and keep indemnified DeRep Ltd and any of its representatives or licensors against all liabilities, actions, damages, costs, losses, claims, expenses, demands and proceedings whatsoever and howsoever arising and whether arising directly or indirectly out of or in the course of or in connection with your failure to comply with the afore mentioned legislation or regulations.