These terms (“Terms”) must be accepted to access and use Pobble.com and Pobble365.com. By signing up to Pobble.com these Terms are deemed accepted.
Why you should read them. Please read these Terms carefully before signing up to Pobble.com and using Pobble365.com. These Terms explain how we will provide Pobble.com (and Pobble365.com), how the Terms may change or end, what to do if there is a problem and other important information.
Who we are. We are Pobble Education Limited a company registered in England and Wales. Our company number is 07784707 and our registered office is at Rosehay, Tremorvah Wood Lane, Truro, Cornwall, United Kingdom, TR1 1PZ (“Pobble, “us”, “we” or “our” in these Terms”).
Please note that there are some conditions in these Terms which solely apply to Schools and/or Teachers and some which apply solely to parents/guardians and/or Pupils as indicated in these Terms. Please note that these Terms will apply during any free trial period, as set out in the Terms.
1.1 The following definitions shall apply in these Terms:
means the ability to log into a personal account on the Platform, regardless of the account type using a unique username and password (or Passcode or Parent Code as the case may be).
a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
"Data Protection Addendum"
the addendum included on this landing page and accessible via this link.
"Data Protection Legislation"
the Data Protection Act 2018 (the DPA), the Data Protection Directive (95/46/EC), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) (as amended) the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 and General Data Protection Regulation (2016/679) (GDPR) and all applicable laws and regulations relating to the processing of the personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other national data protection authority, and the equivalent of any of the foregoing in any relevant jurisdiction. For the avoidance of doubt, the UK-GDPR will replace the GDPR in respect of England and Wales.
means when a User selects “Free Forever”, as set out via the Pricing page (as amended from time to time by Pobble) and receives free access to the Platform.
means the free trial access to a limited version of the Platform, as set out in these Terms for the period agreed between the User and Pobble when the User signs up for the Free Trial via the Platform or otherwise.
"Intellectual Property Rights"
patents, rights to inventions, copyright, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
means the assessment activity of User Generated Content being shared with a Teacher outside of a Subscriber’s Subscribed Users to enable the User Generated Content to be reviewed or assessed by that individual.
"Normal Business Hours"
9.00 am to 17.00 pm local UK time, each Business Day.
means when you have accepted our Order Summary in accordance with these Terms. The Order Summary document is generated via the online check out on the Pricing page and/or as otherwise provided by Pobble. Pobble may include additional terms and/or vary the Order Summary in writing.
means an Account which is linked to a Pupil Account(s) in accordance with these Terms.
the 4-digit parent code(s) supplied by Pobble to the Teacher to enable a Parent or Guardian to access a Parent Account.
the 4-digit pass code(s) supplied by Pobble to the Teacher to enable a Pupil to access a Pupil Account.
means an account with full access to the Platform, including all features, as set out via the Pricing page and as specified in the Order Summary (as amended from time to time by Pobble).
"Publish" or Published"
means the action of making User Generated Content accessible to all Users of the Platform. Once User Generated Content is published, it may feature on social media channels and/or other public mediums if shared by Pobble or other Users.
a child under the age of 18 who has a Pupil Account and/or access to the Platform.
means an account that has access to the Platform, which is assigned to a Pupil and accessible by entering a Passcode (as supplied by a Teacher) and their first name on the log in page.
"Registration Start Date"
the date on which the User signs up to the Platform and/or accesses their Account for the first time.
the period described in the Order Summary.
means an institution or organisation that educates children (this is at Pobble’s discretion).
means the School and/or Teacher who purchases the User Subscription in accordance with the Order Summary.
the subscription fees payable by the Subscriber to Pobble for the User Subscriptions, as set out in the Order Summary.
the term set out in the Order Summary, together with any subsequent Renewal Periods.
means users of the Platform who are covered by a User Subscription and have access to a Premium Account, this may include Schools, Teachers, parents or guardians and Pupils.
means a user who creates and uses an Account for the sole purpose of providing and facilitating education to Pupils, including in association with a School and/or for home-schooling or remote tutoring purposes. A Parent or Guardian may also be classed as a Teacher by Pobble in some circumstances.
all users who have an Account and/or access to the Platform, including Subscribers, Subscribed Users of the Platform and those users on a Free Trial.
the data inputted by Users, including by a School, Teacher or Parent or Guardian on behalf of a Pupil for the purpose of using the Platform and/or facilitating the use of the Platform.
"User Generated Content"
the work and content created and uploaded by Users (in video, photographic, audio, word or other format) when using the Platform.
the subscriptions purchased by the Subscriber pursuant to clause 13.1 which entitle Subscribers and their nominated Subscribed Users to access and use the Platform via a set number of Premium Accounts as set out in the Order Summary and in accordance with these Terms.
1.2 Clause, and paragraph headings shall not affect the interpretation of these Terms.
1.3 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.4 Unless the context otherwise requires, a reference to one gender shall include a reference to all genders.
1.5 A reference to a statute or statutory provision is a reference to it as it is in force as at the date of these Terms. A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of these Terms under that statute or statutory provision.
1.6 A reference to writing or written includes email, but not fax.
1.7 References to clauses are references to the clauses of these Terms.
2. FREE TRIAL
2.1 In consideration for registering for a Free Trial with us and agreeing to abide by these Terms, we grant a non-exclusive, non-transferable licence to access and use a limited version of the Platform (at our full discretion) on these Terms for the length of time agreed between the User and Pobble via the Platform or otherwise agreed in writing when the User signs up for the Free Trial via the Platform or otherwise. Access to the Platform on the terms of the Free Trial with the associated features will cease on the expiry of the Free Trial, unless otherwise agreed by Pobble in writing. You can switch to a Free Account at any time which will offer you limited features.
2.2 The Free Trial is not to be confused with a Free Account. If you hold a Free Account, you may (at our discretion) activate a Free Trial by writing to us at firstname.lastname@example.org. The Free Trial will then start on the date we activate it (we will notify you of this date) and the Free Trial will run from the date of activation for 14 days or the length of time specified by us in writing, at which point the Free Trial will terminate and your Account will revert to a Free Account. You may elect to upgrade to a Premium Account by writing to us at email@example.com, by generating an Order Summary which is later agreed between you and Pobble or as otherwise directed by us.
2.3 The Free Trial does not permit access to the entirety of the Platform, but a limited version of the Platform (as determined by us).
2.4 We reserve the right to vary, modify, alter and/or add to the Free Trial (including the length of the Free Trial) at our discretion.
2.5 In registering for a Free Trial, you acknowledge that the Free Trial is simply an example of some of the features that the Platform includes.
2.6 If you are participating in a Free Trial you must not screenshot, photograph, print, record and/or remove material from the Platform.
3 THE PLATFORM
3.1 The Platform has not been developed to meet individual requirements. Please check that the facilities and functions of the Platform meet your requirements.
3.2 In order to access the Platform you must have a device which can access and operate a website browser via the internet. We encourage Users to use Google Chrome where possible.
3.3 From time to time, we may update and change the Platform and/or any part of it to improve performance, enhance functionality, reflect changes or address security issues.
3.4 Pobble endeavours to provide the Platform with reasonable skill and care.
3.5 Pobble does not warrant that use of the Platform will be uninterrupted or error-free, nor free from vulnerabilities or viruses.
3.6 Pobble may from time to time carry out maintenance on the Platform which may result in the Platform being unavailable to Users for a period of time.
4. FREE ACCOUNTS
4.1 A Free Account can be upgraded to a Premium Account for additional features by upgrading via a User’s membership page, by contacting firstname.lastname@example.org, by generating an Order Summary on the Platform or as otherwise directed by Pobble. If you upgrade to a Premium Account, you will continue to be bound by these Terms. Please read the Schools and Teachers section of these Terms carefully before upgrading.
5. ACCEPTABLE USE OF POBBLE
5.1 The Platform must be used in an acceptable manner, as such Users must not use the Platform:
5.1.1 in any unlawful manner, for any unlawful purpose, including terrorism or extremism or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform;
5.1.2 to breach in any way any applicable local, national or international law or regulation;
5.1.3 for the purpose of harming or attempting to harm minors in any way;
5.1.4 to record or photograph anyone under the age of 18;
5.1.5 to create and/or share sexually explicit material or indecent images; or
5.1.6 to bully, insult, intimidate, harass, or humiliate any person.
5.2 User Generated Content must not:
5.2.1 be defamatory of any person;
5.2.2 be obscene, offensive, hateful or inflammatory;
5.2.3 promote or include sexually explicit material;
5.2.4 use offensive and/or inappropriate language;
5.2.5 promote violence, including but not limited to acts of terrorism or extremism;
5.2.6 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.2.7 promote any illegal content or activity;
5.2.8 promote or cause bullying or maliciously target an individual, including Pupils, Teachers, Schools and/or parents/guardians.
5.2.9 harass or intimidate any individual; or
5.2.10 impersonate any person or misrepresent your identity or affiliation with any person.
5.3 Users must not:
5.3.1 infringe our Intellectual Property Rights or those of any third party in relation to their use of the Platform and/or the uploading of User Generated Content, including by the submission of any material (to the extent that such use is not licensed by these Terms);
5.3.2 permit any third party, to infringe the Intellectual Property Rights or those of any third party in relation to their use of the Platform, including by the submission of any material (including User Generated Content);
5.3.3 use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
5.3.4 collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from our servers.
5.4 Users shall not:
5.4.1 except as may be allowed by any applicable law which is incapable of exclusion by the Terms between the parties and except to the extent expressly permitted under these Terms:
5.4.2 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform (as applicable) in any form or media or by any means; or
5.4.3 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform.
5.4.4 access all or any part of the Platform to build a product or service which competes with the Platform; or
5.4.5 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform available to any third party except as permitted in accordance with these Terms.
5.4.6 Users shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and, in the event of any such unauthorised access or use, promptly notify Pobble.
5.4.7 If you want to learn more about the Platform or have any problems using the Platform, please take a look at our knowledge base.
6. YOUR PRIVACY
6.1 Users agree to us collecting and using technical information about the devices used to access and use the Platform to improve Pobble’s offerings.
6.3 Users agree to provide reasonable assistance to Pobble as is necessary to enable us to comply with rights of personal data subjects and to respond to any other queries or complaints from individuals, e.g. the rectification, erasure, transfer or blocking of that individual’s personal data. Please see the Data Protection Addendum for more information.
6.4 Please see the School and Teachers tab for additional obligations in relation to privacy and data protection.
7. THIRD PARTY WEBSITES
Users acknowledge that the Platform may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. Pobble makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by Users, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the User and the relevant third party.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Users acknowledge and agree that Pobble and/or its licensors own all Intellectual Property Rights in the Platform and any other materials issued or distributed by Pobble and/or its licensors via the Platform or otherwise. Except as expressly stated in these Terms, these Terms do not grant Users any rights to any Intellectual Property Rights or any other rights or licences in respect of the Platform.
8.2 “POBBLE” and the associated “POBBLE” logo are registered trade marks and should not be used without our written permission.
8.3 Users grant Pobble a world-wide, royalty-free, transferable, perpetual licence to use User Generated Content within and in relation to the Platform (including to facilitate Moderation) and in the event that User Generated Content is Published in accordance with these Terms, Pobble may at its discretion, use the User Generated Content more widely for the purposes of marketing, promotion, improvement of the Platform and/or sharing with other Users on the Platform.
9.1 These Terms, together with an accepted Order Summary (as accepted by us) and any additional or varied terms as set by us in writing, make up the agreement between the Subscriber and Pobble. Any accepted Order Summary is incorporated into these Terms and will bind Pobble and the Subscriber for the Subscription Term.
9.2 Subject to these Terms and the Subscriber purchasing the User Subscriptions and paying the Subscription Fee in accordance with the Order Summary, clause 10.2 and clause 13.1, Pobble grants to the Subscriber a non-exclusive, non-transferable right, without the right to grant sublicences, to permit the Subscribed Users (together with any linked Parent Accounts) to use the Platform during the Subscription Term solely for the purpose of providing, facilitating and/or receiving education.
9.3 The Subscriber undertakes that:
9.3.1 the maximum number of Users that it authorises to access and use the Platform shall not exceed the number of User Subscriptions set out in the Order Summary and/or as purchased in accordance with these Terms from time to time;
9.3.2 it will not allow any User Subscription to be used by more than one individual Subscribed User;
9.3.3 it shall ensure that each Subscribed User keeps their password, Passcode or Parent Code (as the case may be) confidential and secure for their own use of the Platform and that such password, Passcode or Parent Code shall be changed no less frequently than every three (3) months;
9.3.4 Teachers will provide Pupils with a Passcode, generated by Pobble on the Platform and will keep this confidential;
9.3.5 Teachers, may provide a Parent Code to parents and guardians to enable a Parent or Guardian to set up a Parent Account;
9.3.6 it shall permit Pobble or Pobble's designated auditor to audit the Subscriber (and Subscribed Users’) use of the Platform and Accounts. If an audit reveals that any password has been provided to any individual who is not a Subscribed User, then without prejudice to Pobble’s other rights, Pobble shall be entitled to disable such passwords and not issue any new passwords to any such individual and the Subscriber shall be required on request to pay Pobble any underpaid Subscription Fees (calculated in accordance with Pobble’s standard pricing within 10 Business Days of the date of the relevant audit).
9.4 It is the responsibility of the School to ensure that staff members are appropriately trained to handle and process personal data in accordance with the technical and organisational security measures the School has in place from time to time and applicable Data Protection Legislation.
10. ADDITIONAL USER SUBSCRIPTIONS
10.1 The Subscriber may, from time to time during any Subscription Term, purchase additional User Subscriptions in excess of the number set out in the Order Summary and Pobble may, at its direction, grant access to the Platform to such additional Subscribed Users in accordance with the provisions of these Terms based on its pricing in place from time to time.
10.2 If Pobble approves the Subscriber’s request to purchase additional User Subscriptions, the Subscriber shall, upon receipt of Pobble’s invoice, pay to Pobble the relevant fees for such additional User Subscriptions and, if such additional User Subscriptions are purchased by the Subscriber part way through the Subscription Term or any Renewal Period (as applicable), such fees shall be pro-rated from the date of activation by Pobble of the additional User Subscriptions for the remainder of the Subscription Term or then current Renewal Period (as applicable).
11. USER GENERATED CONTENT
11.1 Pobble shall not Publish User Generated Content unless a Teacher and/or School has informed us that we can.
11.2 User Generated Content shall only be shared with the Subscriber’s Subscribed Users, including the wider School and applicable Parent Accounts, unless the User Generated Content is Published or subject to Moderation in accordance with the Terms of this clause 11. Where Moderation applies the Teacher responsible for the Pupil who has generated the User Generated Content will choose who the User Generated Content will be shared with for the purposes of Moderation and the User Generated Content will be anonymised before being shared via the Platform for Moderation. More information about Moderation can be found here.
11.3 User Generated Content may be used by Teachers and/or Schools for the purposes of using the Platform and providing and/or facilitating education to Pupils (within the constraints of the Subscriber’s User Subscription).
11.4 In order for a Pupil’s User Generated Content to be Published externally on the Platform the permission of the parent or guardian must be obtained by the School and/or Teacher, this may be obtained via a Parent Account if the correct permissions are given by the relevant parent or guardian or otherwise obtained by the School or Teacher as they see fit.
11.5 It is the responsibility of the School and/or Teacher (as the case may be) to obtain the express permission of the parent or guardian. Teachers and/or Schools (as the case may be) must inform the parent or guardian of the Pupil of the Terms before obtaining permission to Publish User Generated Content. The School and/or Teacher shall defend, indemnify and hold harmless Pobble against any claims, actions, complaints, proceedings, losses, reputational damage, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with any failure by them to obtain appropriate permissions from parents or guardians before User Generated Content is Published by them.
11.6 Once permission is obtained, the Teacher may decide to Publish a Pupil’s User Generated Content on the Platform by using the relevant Platform tools. Please note that once a Pupil’s User Generated Content is Published, it will be accessible by all Users of the Platform and may feature on social media channels and/or other public mediums if shared by other Users.
12. SCHOOL AND TEACHER OBLIGATIONS
12.1 The Subscriber, School and/or Teacher(s) shall:
12.1.1 comply with Data Protection Legislation in its use of the Platform;
12.1.2 keep Pobble’s pricing, details of the Platform and commercial information confidential (where such information is not public knowledge) and continue to do so for a period of 5 years after the end of the Subscription Term;
12.1.3 use the Platform in accordance with Pobble’s instructions (as specified from time to time);
12.1.4 ensure that the Subscribed Users use the Platform in accordance with these Terms and shall be responsible for any Subscribed User's breach of the same;
12.1.6 provide all necessary access to such information as may be required by Pobble;
12.1.7 without affecting its other obligations under these Terms, comply at all times with all applicable laws and regulations with respect to their use of the Platform;
12.1.8 obtain and maintain all necessary licences, consents, and permissions necessary for Pobble, its contractors and agents to perform their obligations under these Terms;
12.1.9 retain a record of all permissions obtained in relation to Published User Generated Content and provide such records to Pobble within a reasonable period of time upon Pobble’s request; and
12.1.10 If required by the Subscriber, a Teacher must supply a parent or guardian with a Parent Code to enable them to access a Parent Account.
12.2 The Subscriber warrants that it has the permission and authority of the relevant School (and/or employer if it is signing up on its employer’s behalf) to sign up to the Platform and to agree to a User Subscription. If the Subscriber does not have the authority to sign up to the Platform on behalf of the relevant employer and/or School, the Subscriber remains fully liable to Pobble for the Subscription Fees.
13. SUBSCRIPTION FEES
13.1. The Subscriber shall pay the Subscription Fees to Pobble for the User Subscriptions in accordance with this clause 13 and the Order Summary, together with any additional fees incurred in accordance with clause 10.
13.2 On the Registration Start Date, the Subscriber shall provide to Pobble valid, up-to-date and complete credit card details or approved purchase order information acceptable to Pobble and any other relevant valid, up-to-date and complete contact and billing details and, if the Subscriber provides:
13.2.1 its credit card details to Pobble, the Subscriber hereby authorises Pobble to bill such credit card:
13.2.1.a on the Registration Start Date for the Subscription Fees payable in respect of the Subscription Term; and
13.2.1.b subject to clause 19.1, on each anniversary of the Registration Start Date for the Subscription Fees payable in respect of the next Renewal Period;
13.2.2 its approved purchase order information to Pobble, Pobble shall invoice the Subscriber:
13.2.2.a on the Registration Start Date for the Subscription Fees payable in respect of the Subscription Term; and
13.2.2.b subject to clause 19.1, at least 30 days prior to each anniversary of the Registration Start Date for the Subscription Fees payable in respect of the next Renewal Period and the Subscriber shall pay each invoice upon receipt or within 30 days after the date of such invoice.
13.3 Pobble may permit the Subscriber to make payment using an alternative payment method. Acceptance of such payment method is at the absolute discretion of Pobble and if an alternative payment method is agreed, it must be specified in the Order Summary and payment of the Subscription Fees in respect of the Subscription Term must be made on the Registration Start Date.
13.4 If Pobble has not received payment on the due date for payment, and without prejudice to any other rights and remedies of Pobble:
13.4.1 Pobble may, without liability to the Subscriber, disable the Subscriber’s (and the Subscriber’s Subscribed User’s) passwords and/or access to all or part of the Platform and Pobble shall be under no obligation to provide the Platform while the invoice(s) concerned remain unpaid; and
13.4.2 interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of HSBC Bank Plc from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
13.5 All amounts and fees (including Subscription Fees) stated or referred to in these Terms:
13.5.1 shall be payable in pounds sterling;
13.5.2 are, subject to clause 19.2, non-cancellable and non-refundable even if the Subscriber wishes to cancel part the way through a Subscription Term;
13.5.3 are exclusive of value added tax, which shall be added to Pobble’s invoice(s) at the appropriate rate, unless otherwise stated.
13.6. Upon prior notice to the Subscriber, Pobble shall be entitled to increase the Subscription Fees and if applicable, the fees payable in respect of the additional User Subscriptions purchased pursuant to clause 10 and the Order Summary shall be deemed to have been amended accordingly.
14. PARENT ACCOUNTS
14.1 The parent or guardian of the Pupil(s) or a Parent Account may access a Pupil Account to view the User-Generated Content of that Pupil.
14.2 In order to set up a Parent Account for a parent or guardian, the parent or guardian will need to sign up for an Account in the usual way and a Teacher (or School) will supply a parent or guardian with a Parent Code to enable them to link their Account with the relevant Pupil Account(s).
14.3 In order for a Teacher to provide you with a Parent Code, you may need to provide your email address to the School and/or Teacher. This is at the discretion of the School and/or Teacher.
14.5 In some circumstances, a Teacher may also set up their own Parent Account in relation to a Pupil Account, if appropriate.
15. YOUR CHILD’S DATA
15.2 It is important that you read clause 11 carefully in relation to Published User Generated Content. You may wish to provide permission for Teachers and/or Schools to Publish your child’s User Generated Content within the Platform so that all Users of the Platform, including different Schools, Teachers, Parent or Guardian’s and/or Pupils can view your child’s work. There may be instances where Published User Generated Content is shared on social media and/or other mediums. The Platform is intended to be used to celebrate the achievements of your child, by sharing their work internally on the Platform and/or more widely on the Platform or online using the Publish feature. Given the nature of social media, once the User Generated Content is Published, Pobble is unable to control the same.
15.3 It is important to note that whether User Generated Content is Published or not is at the full discretion of the School and/or Teacher and Pobble is not responsible for any User Generated Content that is Published without the permission of a Parent or Guardian.
15.4 Please also take note of clause 8, in relation to the licence granted in respect of User Generated Content.
16.1 Your Teacher and/or School will provide you with a Passcode to enable you to sign up for a Pupil Account.
16.2 Please use your Passcode to access your Pupil Account. You will also need to enter your first name to sign up. Please do not provide any other personal details.
16.3 Once you have logged into your Pupil Account and have access to the Platform you must use it in accordance with these Terms. Please see the acceptable use clause and the other terms and conditions set out in the “All Users” tab to understand what you must and must not do when using the Platform.
16.4 You must keep your Passcode confidential; you must not share it with any other person other than your parent or guardian.
16.5 Please also refer to our community guidelines. It is important that all Users are safe and confident when using the Platform. Please do let your Teacher know if you have any issues when using the Platform and see our FAQs, which may help.
16.7 Your parent or guardian or Teacher may access your Pupil Account to facilitate, monitor and/or assist with your use of the Platform.
16.8 A Parent Account may be linked to your Pupil Account so that your parent or guardian can view your work (User Generated Content) on the Platform.
16.9 Your parent or guardian may give permission to your School or Teacher for your work (User Generated Content) to be Published on the Platform, which means that all Users of the Platform including but not limited to Pupils, and Teachers from other Schools will be able to view and interact with your work (User Generated Content). Published User Generated Content may also be shared on social media channels and/or on other mediums.
16.10 If your work (User Generated Content) is subject to Moderation your Teacher may share it with a Teacher from another School for this purpose. Your User Generated Content will be anonymised before being shared via the Platform for Moderation. More information about Moderation can be found here.
Users (including the Subscriber) shall defend, indemnify and hold harmless Pobble against claims, actions, proceedings, losses (including data loss, loss of profit), reputational damage, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the User’s use of the Platform.
18. LIMITATION OF LIABILITY
18.1 Nothing in these Terms excludes the liability of Pobble for death or personal injury caused by Pobble’s negligence or for fraud or fraudulent misrepresentation.
18.2 Pobble shall have no liability for any damage caused by errors or omissions in any information, instructions or software provided to Users in connection with the Platform.
18.3 In relation to Pobble’s provision of the Platform, all warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms and the Platform is provided to Users on an "as is" basis.
18.4 Subject to clause 18.1, Pobble shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these
18.5 Subject to Clause 18.1, in any event, Pobble’s total aggregate liability shall be limited to the total Subscription Fees paid for the User Subscriptions during the 12 months immediately preceding the date on which the claim arose.
19. SUBSCRIPTION TERM AND TERMINATION
19.1 These Terms bind Users for as long as they have an Account.
19.2 In relation to Subscribers, the Subscription Fees are non-refundable, and these Terms bind for the Subscription Term (and continues for each Renewal Period), unless otherwise agreed by Pobble.
19.3 If Subscribers do not wish for their Subscription to renew in accordance with the Renewal Period, Subscribers must provide at least 60 days’ notice of termination before the end of the Subscription Term in writing to Pobble in accordance with clause 30. This is unless Pobble agree to an alternative notice period in writing.
19.4 On termination of these Terms for any reason:
19.4.1 all licences granted under these Terms shall immediately terminate and Users shall immediately cease all use of the Platform; and
19.4.2 any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination shall not be affected or prejudiced.
20. FORCE MAJEURE
Pobble shall have no liability to Users under these Terms if it is prevented from or delayed in performing its obligations under these Terms, 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 the Subscriber, School, Teacher or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order or local authority guidance (including free movement of goods and people), rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemic, epidemic, outbreak of infectious disease or default of suppliers or sub-contractors, provided that Users are notified of such an event and its expected duration.
If there is an inconsistency between any of the provisions in the main body of the Terms and the Order Summary the provisions in the Terms shall prevail, unless otherwise agreed by Pobble in writing.
No variation of these Terms shall be effective unless it is in writing and signed by Pobble.
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
24. RIGHTS AND REMEDIES
Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
25.1 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
25.2 If any provision or part-provision of these Terms is deemed deleted under clause 25.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
26. ENTIRE AGREEMENT
These Terms and the Order Summary constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, terms, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
27.1 The User shall not, without the prior written consent of Pobble, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
27.2 Pobble may at any time assign, transfer, charge, sub-contract, or deal in any other manner with all or any of its rights or obligations under these Terms.
28. NO PARTNERSHIP OR AGENCY
Nothing in these Terms is intended to or shall operate to create a partnership between the parties or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
29. THIRD PARTY RIGHTS
These Terms do not confer any rights on any person or party (other than the parties to this Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
30.1 Any notice required to be given under these Terms shall be sent by email to email@example.com. The notice shall be deemed delivered at the time of transmission if between 9am and 5pm on a Business Day, otherwise at 10:00am on the next Business Day after transmission.
30.2 This clause does not apply to the service of any proceedings or any other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
31. GOVERNING LAW AND JURISDICTION
The validity, construction and performance of the Terms shall be governed by English law. In the event that legal proceedings are initiated by a User against Pobble in relation to a claim or dispute arising out of or in connection with these Terms or any non-contractual obligations arising between the parties, the courts of England and Wales shall have exclusive jurisdiction to settle such dispute or claim.
Where legal proceedings are initiated by Pobble against a User in relation to a claim or dispute arising out of or in connection with these Terms or any non-contractual obligations arising between the parties, Pobble may in its sole discretion commence proceedings in the courts of any jurisdiction it may choose against the User. Legal proceedings brought by Pobble in any one or more jurisdictions shall not preclude legal proceedings by Pobble in any other jurisdiction, whether by way of substantive action, ancillary relief, enforcement or otherwise.