Student Knowledge - Terms and Conditions

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Student Knowledge - Terms and Conditions

1. Introduction: Welcome to the Company’s application (“the App“).  The App is published by or on behalf of Room54 Ltd (“the Company”) a company registered in England and Wales under company number 330 9817  registered office 37 Blind Lane, Bourne End, Bucks, SL8 5TN
By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms“) and the Privacy Policy detailed in Section 12 below. If you have any queries about the App or these Terms, or the Privacy Policy you can contact the Company by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.

2. General Rules Relating to Conduct: The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose.  When you use the App, directly or indirectly, you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “the Applicable Laws”).
You agree that when using the App you will comply with all the Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or


(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or


(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.


You agree to indemnify the Company and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with the Terms or the Applicable Laws.

3. Content: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“the Material“) is owned by or licensed to the Company or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without the express permission of the Company.


The trademarks, service marks, and logos (“the Trade Marks”) contained on or in the App are owned by the Company or its group companies or third party partners of the Company. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of the Company or the relevant group company or the relevant third party partner of the Company.


4. Link to Third Parties: The App may contain links to websites operated by third parties (“Third Party Websites”). The Company may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, the Company does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.


5. Privacy Policy: The Company takes your privacy very seriously, and will only use your personal information in accordance with the terms of the Privacy Policy detailed in Section 12 below. By using the App you acknowledge and agree that you have read and accept the terms of the Privacy Policy and these Terms.


6. Disclaimer / Liability: use of the app is at your own risk. The app is provided on an “as is” basis. to the maximum extent permitted by law:


(a) The Company disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the app; and


(b) all implied warranties, terms and conditions relating to the app (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between the Company and you, hereby excluded.  In particular, but without prejudice to the foregoing, the Company accepts no responsibility for any technical failure of the internet and/or the App; or any damage or injury to users or their equipment as a result of or relating to their use of the App. Your statutory rights are not affected.
The Company will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any:

(i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or

(ii) loss of goodwill or reputation; or

(iii) special or indirect or consequential loss. If the Company is found liable to you directly or indirectly in relation to the app, that liability (howsoever arising) shall be limited to the greater of either fifty pounds sterling (£50.00)  or  the sums paid by you upon purchasing the app plus  any in-app spend including subscriptions.
Nothing in these Terms shall be construed as excluding or limiting the liability of the Company or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.


7. Service Suspension: The Company reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.


8. Advertisers in the App: The Company accepts no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not the Company, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.


9. Competitions: If you take part in a competition which is run in or through the App (“the Competition”), you agree to be bound by the rules of the Competition and any other rules specified by the Company from time to time (“the Competition Rules”) and by any decisions of the Company, which are final in all matters relating to the Competition. The Company reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.


10. General: These Terms (as amended from time to time) constitute the entire agreement between you and the Company concerning your use of the App.
The Company reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and will be made available through a link in the App.  You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App.  No other variation to these Terms shall be effective unless agreed in writing and signed by an authorised representative of the Company.
These Terms shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision) and all other provisions shall remain in full force and effect.


The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.


Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, the Company and its group of companies.
11. Contact: You can contact the Company at Room 54 Ltd, Pinewood Studios, Pinewood Road, Iver, Bucks, SL0 0NH, or at www.room54.co.uk


12. Privacy Policy12.1 Introduction: The Company operates websites and provides applications (apps). The Company is committed to protecting the privacy of your personal information whilst striving to provide the very best user experience.  The Company want the Company’s websites and apps to be safe and enjoyable for everyone. Under the Data Protection Act 1998 and related laws, the Company have a legal duty to protect the personal information the Company collect from you.
If you have any concerns, questions or comments about this privacy policy or the website you can contact us using the contact details in paragraph 11 above.


12.2 The types of personal information the Company collects and how it is collected:
Information you provide upon registration: in order to make use of certain services provided through the website such as the forums and email newsletters, you will need to register an account with us. When you do so, you will provide us with information about yourself and you will be able to select how the Company use your information for marketing purposes. You can update your marketing preferences at any time by following the instructions to amend your details in the account registration section.  The Company will only use your information in accordance with your instructions and as set out in this privacy policy.
Information you provide upon ordering a product or service from us: if you order a product or service from us, you will need to provide certain personal details so that the order can be fulfilled. In some cases, the Company will direct you to a third party partner site which will collect this information from you and fulfil your order.
Information you provide upon entering a promotion or competition: if you enter a promotion or competition you will either need to register an account with us or provide certain personal information which will be used in accordance with the terms of the promotion or competition.
Information you provide when taking part in a poll or survey: if you take part in a poll or survey you will either need to register an account with us or provide certain personal information to us which the Company will use in accordance with the terms of the poll or survey.
Games: if you register to play a game through this site, you may be asked to provide personal information.
Demographic and other data: this website uses cookies, web analytics and web logs to collect information about your use of the Company’s site, information about your computer such as your computer’s IP address and browser type, demographic data and, if you arrived at the Company’s site via a link from a third party site, the URL of the linking page. If you have registered an account with us, it may also collect your name and email address. The data collected through cookies, web analytics and web logs may be transferred to third parties.
Email communications: the Company use web beacons in the Company’s emails to track the success of the Company’s marketing campaigns. If you open an email from us, the Company can see which of the pages of the Company’s website you visited.  The Company’s web beacons don’t store any information on your computer but, by communicating with the Company’s cookies on your computer, they can tell us when you have opened an email from us.  The Company may keep track of the emails that the Company sends you and also keep a record of the communications you have selected to receive or not to receive. If you would like to opt out of receiving such emails, please click the “unsubscribe” link in the email and follow the instructions.
Information from other sources: the Company may receive information about you from other sources (eg missing information about your postal or email addresses) and add it to the personal information the Company hold about you.


12.3 How the Company uses the information that it collects
The Company owns the information collected through its websites. The Company will use the information, as applicable, to:
•    provide you with services or information that you have requested or products or services that you have ordered, such as magazine subscriptions;
•    contact you regarding your registered account with us;
•    confirm or fulfil an order you have submitted
•    inform you if you have won a prize
•    monitor or improve the performance of, and products and services available through, this website
•    customise the advertising and content that you see
•    monitor compliance with the Company’s Terms for use of its websites, enforce the Company’s rights and protect the safety of others including investigating and if necessary removing any content about which the Company receives a complaint
•    send you promotional materials or special offers on the Company’s behalf or on behalf of the Company’s group companies and marketing partners. If you do not want to receive this marketing information you can notify us of this as part of the registration process. You can stop receiving this information at any time by following the unsubscribe instructions on the correspondence you receive, by amending your marketing preferences, or by emailing the Company giving your email address and details of the information you no longer wish to receive
•    for any purpose if the Company is required to do so by any law or other regulatory or government authority
Please note that if you upload or post any information to a public part of a Company website, the Company may use it in accordance with the Terms of use and it may be viewed and used by others. The Company accepts no responsibility for this.
By providing us with your personal information, you consent to us: (a) processing your information as set out in this privacy policy and in any other manner you expressly consent to; (b) processing your sensitive personal data, such as health data (if provided); and (c) transferring your information to countries or jurisdictions which do not provide the same level of data protection as the UK, if necessary for these purposes. If the Company does make such a transfer, the Company will, if appropriate, put a contract in place to ensure that your information is protected.


12.4 Who the Company may share your personal information with
Agents: the Company uses third parties to perform certain functions on the Company’s behalf including fulfilling orders, sending emails, organising and managing competitions, promotions, surveys or polls, removing repetitive information from customer lists, website analysis, data analysis, and processing credit card payments. They will have access to your personal information if necessary to perform their function but they cannot use it or disclose it for any other purpose, unless you have specifically given them consent to do so.
Aggregate Information: the Company may share aggregate, non-personally identifiable information, such as demographics and website usage statistics, with advertisers, sponsors and other organisations.
Option to receive marketing information from associated third parties: throughout the website you may be given the opportunity to receive marketing information which may be of interest to you from associated third parties.  Only if you elect to receive such information, will share your personal information with the Company’s associated third parties and they are only permitted by us to use it for the purpose of providing you with the marketing information you have requested. The use of your personal information by such third parties will be subject to their own privacy policy and practices. The Company is not responsible for the privacy policy or practices of any such third party. If you do not want to receive marketing information from associated companies you can notify us of this as part of the registration process. You can stop receiving this information at any time by following the unsubscribe instructions on the correspondence you receive, by amending your marketing preferences, or by emailing the Company, giving your email address and details of the information you no longer wish to receive.
Products or services offered in partnership with third parties: certain products or services available through this website may be provided to you in partnership with a third party. That third party may require you to disclose personal information to them in order to receive such products or services. If you request a product or service offered in partnership with a third party, the identity of the third party will be disclosed to you and your personal information will be transferred to that third party. The use of your personal information by that third party is subject to its privacy policy and practices and the Company is not responsible for the same.
Group Companies: the Company only shares your personal information with the Company’s group companies if you have elected to receive marketing information from them which may be of interest to you. They are only permitted by us to use it for the purpose of providing you with the marketing information you have requested. The use of your personal information by the Company’s group companies will be subject to their own privacy policies and practices. If you do not want to receive marketing information from the Company’s group companies you can notify us of this as part of the registration process. You can stop receiving this information at any time by following the unsubscribe instructions on the correspondence you receive, by amending your marketing preferences, or by emailing the giving your email address and details of the information you no longer wish to receive.
Third-Party Ad Serving and Audience and Traffic Measurement Services: the Company may use a third-party network advertiser to serve the advertisements on this website or the Company may use an audience or traffic measurement service to analyse the traffic on this website. Network advertisers are third parties that display advertisements based on your visits to this website and other websites you have visited. Third-party ad serving enables us to target advertisements to you for products or websites you might be interested in. Audience and traffic measurement services allow us to collect anonymous traffic and behavioural information from the website by monitoring anonymous visitor activity. This website’s advertisers, sponsors and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have your cookies enabled in your browser.


12.5 Maintenance and storage of information: Your information is collected and stored on servers which are owned and maintained by or on behalf of the Company and its group companies. The Company may keep your information for a reasonable period for the purposes set out in this privacy policy.


12.6 Links to other websites: this website contains links to a wide variety of other websites and the Company display advertisements from third parties on the Company’s website. The Company may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, the Company is not responsible for the content or privacy policies of these websites or for third party advertisers, even if they use the website’s logo as part of a co-branding agreement, nor for the way in which information about their users is treated. Before submitting any personal information to such websites, you should check their privacy policy.


12.7 Security: In accordance with the Company’s requirements under the Data Protection Act 1998, the Company will adopt appropriate security procedures to help prevent unauthorised access to your information. Neither the Company nor any of its group companies shall be liable for any attempt to hack or crack or otherwise gain access to any part of this website including any of your information.


12.8. A note for parents concerning privacy: this website is a general audience website. On the website, the Company does not currently knowingly collect any personal information from children under the age of sixteen. If, in the future, the Company collects personally identifiable information from children on the Website, the Company will do so in compliance with all relevant laws and regulations including, without limitation, obtaining parental consent where necessary. The internet offers children wonderful educational and entertainment resources. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. The Company encourages you to visit www.google.co.uk/goodtoknow/familysafety and the GetNetWise website to learn more about parental control tools.


12.9 Policy changes: By using this website you agree to the terms of this privacy policy and the Company’s terms of use. The Company may amend this privacy policy and the terms of use from time to time. If the Company do so, the Company will post an updated version on this website. You will be bound by the new terms upon your continued use of this website.


12.10 Questions about this website and the information the Company hold about you: if you have any general questions about this website or the information the Company have collected about you and how the Company use it, you can contact the Company using the details in Paragraph 11 above.