Through our proprietary software product, Learning Journals provides educators and other individuals with tools and resources (including those available at www.learningjournals.com) to enable them to create observations of childrens’ learning and behaviour and to report and document on the activities they participate in while in the care of the educator (the “Services”).
- Information About Us
1.1. The Services are provided, and www.learningjournals.com is a website operated, by Learning Journals Limited (the “Learning Journals Website“). We are a private limited company incorporated and registered in Scotland with company number SC433971. Our registered office is at Kelly Accounting Ltd, 42 Comrie Street, Crieff, Perthshire, PH7 4AX. Our main trading address is 22 Arboretum Avenue, Edinburgh, EH4 1HP
- Services and Support
2.3. We may update the Learning Journals Website from time to time, and may change the content at any time. However, please note that any of the content on the Learning Journals Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Learning Journals Website, or any content on it, will be free from errors or omissions.
2.4. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, your use of the Services is expressly prohibited.
- Accessing the Services
3.1. We do not guarantee that the Services, or any content provided as part of the Services, will always be error-free, available or be uninterrupted or that they will meet your requirements. From time to time down-time, either scheduled or unscheduled, may occur. Learning Journals will work within reason to ensure this amount of down-time is limited. Learning Journals will not be held liable for the consequences of any down-time.
3.2. Learning Journals is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
3.3. Access to the Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Services without notice. We will not be liable to you if for any reason the Services are unavailable at any time or for any period.
3.4. You are responsible for making all arrangements necessary for you to have access to the Learning Journals Website and the Services.
3.4.1. System Requirements: In order to use the Services, a modern browser such as Internet Explorer 9+, Firefox 9+, Safari 4+ or Google Chrome 14+ is required. Additionally, a stable connection to the Internet is required. The Services may work in a limited manner on other web browsers (such as earlier versions of the previously mentioned browsers), but the Services were not designed for use on web browsers other than those recommended above. The Services will also work on Apple iPad tablet devices running IOS 6.0 and above. The Services may also work on other tablets but have not been fully tested and full functionality cannot be guaranteed. If you are unsure whether your device is supported contact Learning Journals support
- No reliance on information
4.1. The content on the Learning Journals Website 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 on the Learning Journals Website.
4.2. Although we make reasonable efforts to update the information on the Learning Journals Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Learning Journals Website is accurate, complete or up-to-date.
- Restrictions and Responsibilities
5.2. LEARNING JOURNALS™ and the Learning Journals logo are trade marks of Learning Journals Limited. You acknowledge and agree that the Services, the Software, the Learning Journals company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Learning Journals Website, the Software or the Services, are the property of Learning Journals or its affiliates or suppliers (collectively, the “Materials”). Unless stated otherwise, all Materials are protected as copyright, trade dress, trade marks and/ or other intellectual properties and are owned by Learning Journals or by other parties that have licensed their material to Learning Journals. You are not authorised to use any of the Materials in any advertising, publicity or any other commercial manner without the prior written consent of Learning Journals. Your use of the Services confers no title or ownership in the Services, the Software or the Materials and is not a sale of any rights in the Services, the Software or the Materials. All ownership rights remain in Learning Journals or its third party suppliers, as the case may be.
5.4. The Services may only be used for lawful purposes. Accessing, storing, distributing, transmitting or soliciting any material that violates applicable laws is prohibited. This may include material that:
5.4.1. is obscene, threatening, harmful, defamatory, harassing, racially or ethically offensive or in any way a violation of intellectual property laws or a third party’s intellectual property rights;
5.4.2. facilitates illegal activity;
5.4.3. depicts sexually explicit images;
5.4.4. promotes unlawful violence;
5.4.5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
5.4.6. in a manner that is otherwise illegal or causes damage or injury to any person or property.
5.4.7 Learning Journals reserves the right, without liability or prejudice to its other rights, to disable access to any material that breaches the foregoing.
5.5 You must not use, or allow anyone to use, all or any part of the Services:
5.5.1. to distribute illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or any other prohibited material; or
5.5.2. for the sending of unsolicited email or “spam”; or
5.5.3. to provide services to any other party.
5.6. The Services may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Learning Journals’ direct control. Learning Journals accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Services).
5.7. You acknowledge that Learning Journals is entitled to require you to remove immediately any link from another website to the Learning Journals Website and/or Services which you install without obtaining Learning Journals’ prior written consent.
- Use of the Services
6.1. Learning Journals cannot guarantee that any file or program available for download and/or execution from or via the Services is free from bugs, viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release Learning Journals entirely of all responsibility for any consequences of the use of the Learning Journals Website and/or the Services.
6.2. You are responsible for configuring your information technology, computer programmes and platform in order to access and use the Learning Journals Website and the Services. You should use your own virus protection software
6.3. You will not violate or attempt to violate the security of the Learning Journals Website or the Services. You must not attempt to gain unauthorised access to the Learning Journals Website or the Services, the servers on which the Learning Journals Website and the Services are stored or any server, computer or database connected to the Learning Journals Website. You will not hack into the Learning Journals Website, Learning Journals’ computer systems or the computer systems of other users of the Services. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, Trojans, worms or other types of malicious programs, deliberate attempts to overload a computer system via a denial-of-service attack or a distributed denial-of service attack, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
6.4. By breaching paragraph 6.3, 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 the Learning Journals Website and the Services will cease immediately.
7.1. All prices are subject to change at any time. All fees paid to Learning Journals for subscribing to the Services are payable in advance and are non refundable, unless an account is terminated by Learning Journals or we are in material breach of our obligations. Payment for subscribing to the Services must be made by bank transfer, unless other payment arrangements have been agreed by an authorised Learning Journals representative. Fees are payable in UK Sterling. All prices are subject to change and you are responsible for reviewing the current Leaning Journals pricing schedule (as the same may be updated from time to time) and for remaining aware of the fees charged by Learning Journals for the Services.
7.3. Each individual location must operate under its own licence. Sharing of licences is prohibited under our terms of service in order to segregate and maintain data integrity.
- Use of Personal Information
8.1. In using the various features of the Services, you may provide information (such as name, contact information, or other registration information) to Learning Journals. Learning Journals may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
8.2. Correspondence to Learning Journals must include your first name and last name and the name of the organisation you represent
8.4. Learning Journals will not use any of your parent, child or staff data or any other Customer Data for any other purposes than those related to the Services. Your Customer Data will not be shared with any other parties except where required by law or any order of any court of competent jurisdiction or any competent judicial, governmental or regulatory body. In addition, Learning Journals will not use your Customer Data for the purpose of sending unsolicited commercial email.
8.4.1 You acknowledge that, whilst Learning Journals does not disclose information about identifiable individuals to third parties, Learning Journals may provide third parties with aggregate anonymised information about Data Subjects for research and marketing purposes. Learning Journals may also use such aggregate anonymised information to help third parties such as advertisers reach the kind of audience they want to target. You grant Learning Journals and its subcontractors a royalty-free licence to use the anonymised Data for such purposes and confirms that it has obtained the consent of the Data Subject or, where applicable, their parent or guardian to the use of their Data for such purposes.
8.5.1. you shall ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with the Agreement on your behalf;
8.5.2. we shall process the personal data only in accordance with the terms of the Agreement and any lawful instructions reasonably given by you from time to time;
8.5.3. we shall take reasonable steps to ensure the reliability of those of our employees who have access to the personal data;
8.5.4. we shall refer to you, as necessary, any request from a data subject for access or changes to their personal data; and
8.5.5. each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage having regard to (i) the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and (ii) the nature of the data to be protected.
- Inactive Accounts
9.1. If you do not log into your account for more than 150 days, the account will be classed as inactive. When an account is classed (at Learning Journals’ sole discretion) as inactive we will make every reasonable attempt to contact you using details you have provided to inform you that your account has been classed by us as inactive. INACTIVE ACCOUNTS HAVE A FURTHER 90 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING OBSERVATIONS TAKEN, PHOTOGRAPHS, REPORTS AND OTHER INFORMATION, MAY BE PERMANENTLY REMOVED FROM LEARNING JOURNALS’ DATABASE. You will be given every reasonable opportunity to extract and export any and all data that you wish to retain during this period.
10. Term and Termination
10.1. Subject to paragraph 10.2, your subscription to use the Services shall commence on the date set out in the invoice issued to you by Learning Journals. Your subscription shall continue in full force and effect for an initial period of twelve (12) months and shall automatically renew for further twelve (12) month periods at a time unless either Learning Journals or you gives written notice of termination at least sixty (60) days prior to the expiry of the then current term.
10.2. Without prejudice to any other right or remedy available to Leaning Journals, we may terminate the provision of, and your right to use, the Services at any time and with immediate effect if:
10.2.2. you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; or
10.2.3. you suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of your business.
11. Consequences of Termination
11.1. Termination of your subscription to the Services, however arising, shall not affect or prejudice the accrued rights, remedies, obligations and liabilities of the parties as at termination.
11.3. On termination of your subscription to the Services:
11.3.1. all rights and licences granted to you shall immediately terminate;
11.3.2. all sums due to Learning Journals shall become payable immediately; and
11.3.3. Learning Journals may delete any of your archived data within thirty (30) days after the date of termination. It is your responsibility to export and download any and all data that you wish to preserve. Learning Journals will provide reasonable support to enable you to do this during the thirty (30) day period following the date of termination provided that you have, at that time, paid all fees and charges outstanding at and resulting from termination.
11.4. Compliance with all applicable statutory retention requirements with respect to your business correspondence remains your responsibility both during and after termination of your subscription.
12. Warranties, Disclaimer and Remedies
12.1. Use of the Services and any reliance by you upon the Services, including any action taken by you because of such use or reliance, is at your sole risk. To the maximum extent permitted by law, Learning Journals does not warrant that the Services will be uninterrupted, accurate or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. The Services are provided “as is” and to the fullest extent permitted by law Learning Journals disclaims all warranties, express or implied, including (but not limited to) implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement.
12.2. Your sole and exclusive remedy for any failure or non-performance of the Services shall be for Learning Journals to use commercially reasonable efforts to adjust or repair the Services, or where such adjustment or repair is not feasible, for Learning Journals to either (at its discretion) perform the Services again or provide you with a refund for the amount you actually paid to Learning Journals for the relevant Services.
13. Limitation of Liability
13.1. To the maximum extent permitted by law, under no circumstances shall Learning Journals or any of its service providers, business partners, information providers, account providers, licensors, employees, distributors or agents (collectively referred to for the purposes of this section as “Learning Journals”) be liable to you or any other person for any loss or damage (including but not limited to direct, indirect, special, incidental, or consequential damages, loss of profits or revenue, business interruption, loss or corruption of data, or failure to realise anticipated savings or benefits or business opportunities), or for any claim by any other party.
13.2. Learning Journals’s exclusion of liability applies whether the claim is in contract, delict (including without limitation, negligence) or otherwise and even if Learning Journals has been notified of the possibility of such loss or damage. You agree that Learning Journals’s liability to you at law will be reduced by the extent, if any, to which you contributed to the loss.
13.3. 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 the Learning Journals Website or to your downloading of any content on it, or on any website linked to it.
13.4. We assume no responsibility for the content of websites linked on the Learning Journals Website and via the Services. 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.
13.5. If, notwithstanding the foregoing, Learning Journals is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, delict (including negligence), product liability or otherwise), to the fullest extent permitted by law the liability of Learning Journals to you will be limited to:
13.5.1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
13.5.2. in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again or refund of fees actually paid for the services.
13.6.1. death or personal injury caused by its negligence or the negligence of its employees or agents; or
13.6.2. fraud or fraudulent misrepresentation; or
13.6.3. breach of any obligation as to title implied by statute; or breach of any obligations implied by section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982 or under Part 1 of the Consumer Protection Act 1987; or
13.6.4. any other liability that cannot be excluded or limited by applicable law.
- Export of Services or Technical Data
14.1. You may not remove or export from the United Kingdom, or allow the export or re-export of, the Software and/or Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United Kingdom and all other applicable countries.
15.1. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect.
15.2. Learning Journals and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement. Learning Journals and you each acknowledge and agree that in entering into the Agreement, neither Learning Journals nor you rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Agreement or not) other than as expressly set out in the Agreement as a warranty. The only remedy available to either party for breach of the warranties shall be for breach of contract under the terms of the Agreement. Nothing shall, however, operate to limit or exclude any liability for fraud.
15.3. No delay or omission by either party in exercising any right or remedy under the Agreement or existing at law shall be considered a waiver of such right or remedy. A waiver of a breach of any of the terms of the Agreement or of a default under the Agreement (i) does not constitute a waiver of any other breach or default and shall not affect the other terms of the Agreement and (ii) will not prevent a party from subsequently requiring compliance with the waived obligation.
15.4 We operate a fair use policy in the event that the needs of an organisation are not met by the limitations of the Software, be that technical, procedural or part of another policy. We advertise accounts as being unlimited in numbers of child and parent profiles available however multi-site organisations or providers may not take advantage of this offer through one account for all sites.
15.5. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Learning Journals in any respect whatsoever.
- Force Majeure
- Governing Law and Jurisdiction