Terms and Conditions

TYP is a cloud-based e-portfolio for education. It provides a suite of learning management tools, including homework and resource management tools. (" Service"). It is provided by 4schools.ie which is a trading name of Peak Learning Limited (" Company" " We" or " us") with permission of a school, teacher, or other responsible education authority (" Subscriber") and is made available to you (" User") (collectively " You") subject to the following Terms and Conditions. By using and accessing this Service located at http://typ.ie (" Website") you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of service posted on any individual page of this Service. If you do not agree to the terms of this agreement, please do not use the Service.

Licence

In consideration of the Subscriber agreeing to abide by the terms of this agreement, the Company hereby grants a non-exclusive, non-transferable, licence to permit the Subscriber's teachers, staff, students and parents to use the Service for duration of the licence period.

Fees & Payment

The Service may be provided at two different levels. There will be a paid subscription service and there may be (at our discretion) a service provided at no cost to you. In the event that there is a free service available these terms and conditions also apply except where reference is made to payment of fees. Should the Subscriber be on a free service, it may (at our discretion) carry out a 30 day free trial version of the paid service and can at the end of that time go back to the free service or sign up for the paid service. At no time will a Subscriber be transferred from a free service to the paid service without their consent.

The Subscriber shall pay the Company the relevant fees to access and use the Services (" Fees"). These Fees are available upon request and will be agreed by you before your use such Services. The Subscriber shall provide the Company with valid, up-to-date and complete contact and billing details.

If the Subscriber provides

(a) its credit or debit card details to the Company, the Subscriber hereby authorises the Company to bill such credit or debit card immediately for the Fees payable in respect of the initial subscription term and on each renewal period for the Fees payable in respect of the next renewal period; or

(b) its approved purchase order information, the Company shall invoice the Subscriber immediately for the Fees and at least 14 days prior to each renewal period for the Fees payable in respect of the next renewal period and the Subscriber shall pay each invoice within 14 days after the date of such invoice. Payment can be by cheque, bank transfer, credit or debit card.

We reserve the right to amend the Fees at any time upon 30 days' notice.

Cancellation & Refunds

The Subscriber has a right to cancel this agreement within thirty (30) days after the commencement of the paid subscription and receive a refund. To cancel this agreement, please contact the Company by sending an e-mail to typ@4schools.ie. You should keep a copy of this email for your records. Your cancellation is effective from the date you send us the e-mail.

Usage of TYP by Students

If a student is under the age of 18, the Subscriber must obtain the permission of the parent or legal guardian to give consent for the child to use TYP. It is a matter for the Subscriber to ensure this is done where applicable.

If you are accessing TYP on behalf of a School the following provisions also apply:

In order for us to provide the Users with access to Service, the Subscriber may be required to provide us with certain data concerning its students, parents and teachers. The Subscriber shall provide the Company: (i) with the non-exclusive, non-transferable right to access and process such data by allowing access to the Subscriber's database for the term of this agreement; or (ii) with such data by sending a CSV file, in which case the Subscriber grants the Company a non-exclusive, non-transferable right to access and process the data for the term of this agreement.

The Subscriber warrants that it has obtained all rights and permissions necessary to transfer such student / parent / teacher data to the Company.

Opt-out

If you are the parent and guardian of a student using TYP, and cease to agree with TYP's terms of use and privacy policy at some point in the future, you may opt-out by contacting your Subscriber (typically your school) TYP administrator.

Your Responsibility Regarding Use of the Service

It is your responsibility not to disclose your TYP Access Codes to anyone other than members of your school, and to ensure your personal access credentials are not disclosed to anyone. It is your responsibility to use this Service only for the purpose in which it was intended. Any other use of the Service is prohibited.

User Generated Content

4schools.ie does not control the messages such as homework notifications, school notices or resources which are shared by teachers or administrators. You understand and agree that 4schools.ie has no obligation to monitor user generated content.

Teachers and administrators that upload learning resources to TYP agree that these resources may be used by any and all other teachers in their school who have access to the platform.

Third-Party Content

TYP is a distributor (and not a publisher) of content supplied by Subscriber, third parties, and visitors. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or any other user of this Service, are those of the respective author(s) or distributor(s) and not of TYP.

In many instances, the content available through the Service represents the opinions and judgments of the respective information provider, or the user and not necessarily that of 4schools.ie. 4schools.ie neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on TYP's Service by anyone other than authorised TYP employee spokespersons while acting in their official capacities. Under no circumstances will TYP be liable for any loss or damage caused by a user's reliance on information obtained through TYP. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Accessing the Service

We reserve the right to withdraw or amend the Service or functionality that we provide on the Website without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Service, or the entire Service, to users who have registered with us. We will use reasonable endeavours to fix issues and bugs in the Service as quickly as we can.

If you choose, or you are provided with a TYP Access Code or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any TYP Access Code or personal access credentials , if in our opinion you have failed to comply with any of the provisions of this agreement.

You must not misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack.

If you breach this clause, we reserve the right to immediately cease your right to use the Service.

Your Indemnities & Undertakings

You agree that when using the Service you will comply with all applicable laws and this agreement. In particular, but without limitation, you agree not to:

(together the " Restricted Activities")

Except as expressly set out in this agreement or as permitted by any local law, you undertake:

You agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of the Service otherwise than in accordance with this agreement or any applicable laws.

You warrant to us that all the information you provide to us is true and accurate to the best of your knowledge. You undertake that your login may only be used by the Users.

Changes to these terms

We may revise this agreement at any time by providing at least fourteen (14) days' notice by email to you.

No warranty

Use of the Service is at your own risk. The Service is provided on an “as is” basis. We do not warrant or guarantee that the Service and all or part of its contents will be always available or that its use will not be interrupted.

You acknowledge that the Service may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this agreement.

Our liability

Nothing in this agreement 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 cannot be excluded or limited by Irish law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.

Subject to this agreement, 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:

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 Service or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the Service. 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.

Except as otherwise set out herein, our maximum aggregate liability under or in connection with this agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited the amount you paid to us in Fees in the previous 12 calendar months.

Consequences of termination

Upon termination or expiry for any reason:

Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.

Transfer of rights and obligations

This agreement is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent. We may assign, charge, novate or otherwise dispose of this agreement without your prior written consent. We will, however ensure that any new party is contractually obliged to honour our commitments or obligations in this agreement.

General Terms

By accepting this agreement, you agree that we can communicate with you electronically either by email or by posting notices on the Website.

This agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.

Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of Ireland.



4schools.ie

35 Finglas Business Park, Tolka Valley Road, Finglas, Dublin 11, Ireland

Effective from 26/6/2017