Learning Journals Terms Of Use

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”).

The Services are provided subject to these Terms of Use, which also incorporate our Privacy Policy and Cookie Policy, and any other guidelines, rules or operating policies that Learning Journals may establish and post on our website from time to time.  We refer to these collectively as the Terms of Use.

Our Privacy Policy and Cookie Policy set out the terms on which we process any personal data we collect from you, or that you provide to us.  By using our website and/or the Services, you consent to such processing and you warrant that all data provided by you is accurate.  The servers we use to provide the Services are located in the European Union, specifically Dublin and Amsterdam.

Please read these Terms of Use carefully before proceeding with any use of our website or the Services, as they will apply to your use of our website and the Services.  By logging into your account for the first time, or using the Services as part of a trial, you accept and agree to be bound by these Terms of Use.  You also confirm that you have authority to bind any business on whose behalf you use the Services.

We recommend that you print a copy of these Terms of Use for future reference.

If you do not accept these terms of use, please cease using our website and the Services immediately.

  1. 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

  1. Services and Support

2.1.  By posting updated versions of these Terms of Use on the Learning Journals Website, or otherwise providing notice to you, Learning Journals may modify these Terms of Use and may discontinue or revise any or all other aspects of the Learning Journals Website and/or the Services at its sole discretion.

2.2.  All such changes shall become effective upon posting of the revised Terms of Use on the Learning Journals Website. Your continued use of the Learning Journals Website and/or the Services will constitute your acceptance of the variation to these Terms of Use. Learning Journals will use reasonable efforts to make you aware of any changes to the Terms of Use.  However, please check the Learning Journals Website (including this page) from time to time to take notice of any changes we make, given that they are binding on you.

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.

2.5.  As part of the registration process, you will identify an email address for your Learning Journals account.  You are responsible for maintaining the security of your account, passwords and contents and for all uses of your account and of the Services in your name.  You must treat passwords as confidential and not disclose them to any unauthorised party.  Learning Journals reserves the right to refuse registration of, or suspend or cancel accounts at any time it deems inappropriate if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.  If you know or suspect that any unauthorised person knows your password, you must promptly notify us at info@learningjournals.co.uk.

  1. 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

3.5.  You are also responsible for ensuring that all persons who access the Learning Journals Website and the Services through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

  1. 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.

  1. Restrictions and Responsibilities

5.1.  This is an agreement for accessing and using the Services, and you are not granted a licence to any software under these Terms of Use (except to the extent required for you to use the Services). Except to the extent that applicable laws prevent Learning Journals from doing so, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services and/or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.

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.

5.3.  You represent, warrant and undertake that you and your users will use the Services only in compliance with these Terms of Use and all applicable laws. The Services may be accessed throughout the United Kingdom and overseas.  Learning Journals makes no representations that the Services comply with the laws (including intellectual property laws) of any country outside the United Kingdom.  If you access the Services from outside the United Kingdom, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

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.

5.8.  You hereby agree to indemnify and hold harmless Learning Journals against any damages, losses, costs, liabilities, settlements, and expenses (including, without limitation, costs and reasonable solicitor’s fees) in connection with any claim or action that arises from an alleged violation of these Terms of Use or otherwise arising from or relating to your access to or use of the Services.  You acknowledge that you are responsible for the content of any account created using the Services.  Although Learning Journals has no obligation to monitor the content provided by you or your use of the Services, Learning Journals may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

  1. 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.

  1. Payment

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.

7.2.  For all accounts, Learning Journals may charge an account re-activation fee should you request that an account be re-activated after an account has been de-activated due to non, late or incomplete payment, or any other breach of these Terms of Use.

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.

  1. 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

8.3.  We shall, in providing the Services, comply with our Privacy Policy and Cookie Policy relating to the privacy and security of Customer Data (i.e.data held by us and inputted by you or your authorised users for the purpose of using the Services or facilitating your use of the Services) as amended from time to time by us in our sole discretion.

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.  Where we process any personal data on your behalf (such as parent and child data) when providing the Services and performing our obligations under these Terms of Use, we and you record our intention that you shall be the data controller and we shall be a data processor and in any such case:

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.

8.6.  You will adopt and maintain a policy that complies with all applicable privacy laws and which is at least as stringent as our Privacy Policy and Cookie Policy (as modified by Learning Journals from time to time). You acknowledge that all personal information that you provide to us has been collected with the relevant individual’s consent, and that you have informed the individual of the purpose for which that information was collected, and that you may provide this information to us for the purposes of processing and use in relation to the Services. You acknowledge that we may store the personal information that you provide to us on servers located in the United Kingdom, and you warrant that you have obtained the consent of the relevant individuals to the processing, including storage and transmission. of their personal information in this manner.

  1. 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:

10.2.1.  you commit a material breach of any provision of these Terms of Use which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of seven (7) days after being notified in writing to do so; or

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.

10.3.               Except where we are in material breach of these Terms of Use, no refunds will be issued if you terminate your subscription even if you have unused, prepaid amounts for Services.

         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.

11.2.               All sections of these Terms of Use, which by their nature should survive termination, will survive termination, including, without limitation, ownership, warranties, disclaimers and limitations of liability.

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.               Nothing in these Terms of Use excludes or otherwise limits the liability of Learning Journals for:

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.

  1. 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.

  1. Miscellaneous

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.

15.6.               No term of these Terms of Use shall be enforceable by a third party (being any person other than the parties and their permitted successors and assignees).

15.7.               We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.  We will inform you by posting on this webpage if this happens.  You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.

  1.  Force Majeure

16.1.               Learning Journals will not be liable by reason of the failure or delay in the performance of our obligations under these Terms of Use, or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Learning Journals or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, explosions, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the you are advised of such an event and its expected duration.

  1. Governing Law and Jurisdiction

17.1.               These Terms of Use, and any disputes or claims arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law.

17.2.               Leaning Journals and you irrevocably agree that the Scottish courts shall have exclusive jurisdiction over any dispute, claim or matter arising under or in connection with these Terms of Use or the legal relationships established by these Terms of Use (including non-contractual disputes or claims) and that accordingly any proceedings in respect of any such claim or matter may be brought in such courts.