Newsmaker Trial Account Confirmation

Terms and Conditions - Schools Agreement

Please read this Agreement carefully as it governs your use of Guardian News and Media’s ("GNM’s") Newsmaker product at www.newsmaker.co.uk ("Newsmaker"). By accessing Newsmaker you are agreeing on behalf of your school to the terms that appear below. If you have any questions please email us at info@newsmaker.co.uk.

If you are using Newsmaker on a 14-day free trial basis, the terms in Parts A and B apply. If you have purchased a subscription ("Subscription") to Newsmaker, the terms in Parts B and C apply. If another party (such as your LEA) is paying for the subscription, Part B only will apply. References in the remainder of this Agreement to "you" and "your" are references to your school.

PART A: 14-DAY FREE TRIAL

If you have selected the 14-day free trial ("Trial") you may access all parts of Newsmaker that are relevant to your school. You may only benefit from one free trial and, if GNM discovers that you have requested more than one Trial, Part C below will apply and you will become liable for payment of the Subscription Fee (as defined in Part C). When your Trial is close to its end, GNM will contact you ask whether you wish to subscribe to Newsmaker. If you have selected the Trial, references in Part B below to "Subscription" should be read as “Trial”.

PART B: GENERAL TERMS

• 1 Newsmaker Access
• 1.1 On registration, you will be asked to create a user name and password ("ID") for access to Newsmaker. You may authorise pupils and teachers at your school (together "Users") to set up their own IDs to use Newsmaker both on your school premises and at home.
• 1.2 You acknowledge that you have provided GNM with accurate and complete registration information and that it is your responsibility to update GNM of any changes to that information by emailing info@newsmaker.co.uk.
• 1.3 GNM will provide Users with access to Newsmaker in accordance with this Agreement. To use Newsmaker, you agree that you will obtain, at your own cost, all necessary telecommunications, equipment and software. GNM will host Newsmaker for access by you via the Internet.
• 1.4 You will use all reasonable efforts to prevent unauthorised access to Newsmaker and/or the material which is made available on it. You are responsible for all use of Newsmaker by anyone using any IDs and agree to notify GNM if you become aware of any of the following: (a) any loss or theft of any IDs; (b) any unauthorised use of IDs; or (c) any breach by a User of the terms of this Agreement. Upon becoming aware of any breach of the terms of this Agreement by a User, you agree to work with GNM to correct such practices.
• 1.5 You are responsible for ensuring that the Users comply with the terms of this Agreement to the extent that they are applicable (including paragraph 2 below) and all reasonable terms of use relating to Newsmaker (a hard copy of the main terms being available on request from GNM). In particular, before Users can access Newsmaker they will have to agree to the Rules of Use of Newsmaker at www.newsmaker.co.uk. You will be responsible for ensuring Users comply with these Rules of Use.
• 1.6 If GNM reasonably believes that Newsmaker is being used by you or Users in any way which is not permitted by this Agreement, GNM reserves the right to suspend access rights immediately on giving notice to you and, where relevant, to block access from the ID (this being without prejudice to any other legal rights which GNM may have). GNM reserves the right to monitor use of Newsmaker to ensure compliance with this Agreement.
• 1.7 GNM provides telephone and email support for Newsmaker, 9am to 5pm on working days. GNM will use reasonable endeavours to deal with your queries but is under no other obligation to provide you with support, maintenance or training relating to Newsmaker.
• 2 Intellectual Property Rights
• 2.1 Except for User Material (as defined in paragraph 3.1 below), the Newsmaker website and all content on Newsmaker ("GNM Material") is owned or used under licence by GNM.
• 2.2 GNM agrees to provide you with non-exclusive access to the GNM Material in accordance with this Agreement. Users may:
  • 2.2.1 retrieve and display the GNM Material on a computer screen; and
  • 2.2.2 print individual pages on paper and distribute such printed copies to other Users; and
  • 2.2.3 store such pages in electronic form on the machine used to access Newsmaker as necessary for access by Users, in each case for Users’ own non-commercial educational or research purposes.
  • 2.3 Except as set out in paragraph 2.2 above, you may not (without prior written permission from GNM) and will ensure that Users do not:
  • 2.3.1 redistribute any of the GNM Material (including by using it as part of any library, archive or similar service or by providing access to the GNM Material to third parties);
  • 2.3.2 remove the copyright or trade mark notice from any copies of the GNM Material made under this Agreement;
  • 2.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the GNM Material or otherwise use or permit the use of Newsmaker in any way so as to copy all or a substantial portion of the whole of the GNM Material;
  • 2.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the GNM Material.
  • You acknowledge that "Guardian" and "Newsmaker" are trade marks and that you may not use them without written permission.
  • 2.3.1 redistribute any of the GNM Material (including by using it as part of any library, archive or similar service or by providing access to the GNM Material to third parties);
  • 2.3.2 remove the copyright or trade mark notice from any copies of the GNM Material made under this Agreement;
  • 2.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the GNM Material or otherwise use or permit the use of Newsmaker in any way so as to copy all or a substantial portion of the whole of the GNM Material;
  • 2.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any
  You acknowledge that "Guardian" and "Newsmaker" are trade marks and that you may not use them without written permission.
• 2.4 You acknowledge that on occasion GNM may need to remove certain parts of the GNM Material for legal reasons and accordingly you will, on receipt of a notice from GNM, co-operate with any actions reasonably necessary to ensure such GNM Material is no longer available for the Users.
• 2.5 GNM will be responsible for any of your direct costs and expenses and any damages awarded against you, arising directly out of any claim by any third party against you that your use of the GNM Material in accordance with this Agreement infringes the intellectual property rights of that third party provided that you:
  • 2.5.1 notify GNM promptly upon becoming aware of any matter or claim to which this paragraph 2 relates and do not make any admission or settlement in respect of such matter or claim without the prior consent of GNM; and
  • 2.5.2 allow GNM to appoint legal advisers of its choice and to conduct and/or settle negotiations and/or proceedings relating to such matter or claim or and otherwise comply with GNM’s reasonable requests in the conduct of any such negotiations and/or proceedings.
  You will use all reasonable efforts to mitigate any costs, expenses and/or damages which may be payable by GNM under this paragraph 2. Your rights under this paragraph 2 will not apply if and to the extent that the relevant costs, expenses and/or damages are due to your breach of any of your obligations under this Agreement.
• 3 User Material
• 3.1 GNM allows Users to upload relevant text, images, graphics and other material ("User Material") onto Newsmaker so that all Users within your school can share information. GNM agrees that third parties will not be able to access the User Material unless a User who is a teacher uploads the User Material to a public area on Newsmaker where it can be viewed and downloaded by other schools which have a licence to use Newsmaker. Please note, only User Material uploaded by a teacher may be shared with other schools.
• 3.2 GNM may at any time remove from Newsmaker any User Material which GNM reasonably believes does not comply with the Rules of Use. If you see any User Material on Newsmaker that you reasonably believe is in breach of the Rules of Use, you agree to notify GNM promptly of such User Material by following the instructions on the "Contact Us" section of Newsmaker.
• 3.3 You will be responsible for any direct costs and expenses of GNM and any damages awarded against GNM, arising directly out of any claim by any third party against GNM that the display of User Material by GNM in accordance with this Agreement infringes the intellectual property rights of that third party or any claim by any third party that the User Material is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal provided that GNM:
  • 3.3.1 notifies you promptly upon becoming aware of any matter or claim to which this paragraph 3 relates and does not make any admission or settlement in respect of such matter or claim without your prior consent; and
  • 3.3.2 allows you to appoint legal advisers of your choice and to conduct and/or settle negotiations and/or proceedings relating to such matter or claim or and otherwise complies with your reasonable requests in the conduct of any such negotiations and/or proceedings.
  GNM will use all reasonable efforts to mitigate any costs, expenses and/or damages which may be payable by you under this paragraph 3. GNM’s rights under this paragraph 3 will not apply if and to the extent that the relevant costs, expenses and/or damages are due to breach by GNM of any of its obligations under this Agreement.
• 3.4 The amount of User Material which can be stored on Newsmaker by you is limited to two gigabytes. by GNM. If you exceed your storage limit, GNM will notify you in writing that you have two weeks to delete User Material or save it in a more compressed format. If you do not come within the storage limits in this two week period, GNM will be permitted to archive or delete any User Material with no liability to you and/or Users. Alternatively, if GNM has sufficient storage space on its servers, you may be able to pay for additional storage space at a reasonable price to be agreed with GNM at the relevant time.
• 3.5 You acknowledge that Users will not be able to access User Material when this Agreement terminates.
• 4 Warranties and Limitation
• 4.1 GNM will use its reasonable skill and care in making Newsmaker available to you and in ensuring its continuing availability during your Subscription in accordance with this Agreement. However, because of the number of sources from which GNM obtains the GNM Material and because of the nature of the Internet, GNM does not give you or Users any other warranties. In particular, GNM accepts no liability for any error or omission in the GNM Material and makes no warranty that Newsmaker will be uninterrupted or free from infection by viruses.
• 4.2 In the event of any fault in Newsmaker, GNM will use its reasonable endeavours to promptly correct the fault. In any event, except in the case of liability under paragraphs 2.5 and 3.3 which shall be unlimited, the liability of each party to the other in respect of any claim for breach of contract, negligence or otherwise in relation to the arrangements under this Agreement will be limited to 125% of the total Subscription Fees paid or payable to GNM by you in respect of Newsmaker for the year (calculated from the first day of the Subscription or anniversary of such date) in which the cause of the claim arose, such limit to apply in aggregate in each such year. Where you are in a Trial, your only remedy will be to terminate your use of Newsmaker as GNM is providing you with Newsmaker free of charge. However, your liability under paragraph 3.3 will be unlimited, even during a Trial.
• 4.3 The parties will not be liable to the other for any indirect or consequential loss or any loss of data.
• 4.4 Nothing in this paragraph 4 will affect your obligation to pay the Subscription Fee (if applicable).
• 4.5 Notwithstanding the above provisions of this paragraph 4, neither party’s liability will be limited in the case of death or personal injury directly caused by that party’s negligence.
• 5 Termination
• 5.1 Either party may terminate this Agreement (or in the case of GNM, suspend access to Newsmaker) by giving written notice to the other in any of the following events:
  • 5.1.1 if the other party commits any breach of any of the terms of this Agreement and fails to remedy that breach (if capable of remedy) within 30 days after notice from the other party giving full particulars of the breach and requiring it to be remedied (material breach includes, but is not limited to, any failure to pay the Subscription Fee, if applicable, and an irremediable material breach includes, but is not limited to, any breach of paragraph 2 above or any breach of the Rules of Use); or
  • 5.1.2 if any step, action, application or proceeding is taken in relation to the whole or any material part of the other party for a voluntary arrangement or composition or reconstruction of its debts; or winding up, dissolution, administration or receivership (administrative or otherwise).
• 5.2 GNM may terminate this Agreement because it discontinues Newsmaker. If you pay a Subscription Fee, see Part C below for details of the refund that you are entitled to receive in such circumstances.
• 5.3 On expiry or termination of this Agreement the rights and obligations of the parties will terminate including in particular the licence to you under paragraph 2.1 above. The expiry or termination of this Agreement for any reason will not affect any rights and/or obligations accrued before the date of termination of expiry or expressed or intended to continue in force after and despite expiry or termination.
• 5.4 The provisions of paragraph 4 (Warranties and Limitations) and paragraph 7 (General) will survive any termination or expiration of this Agreement.
• 6 Changes
• 6.1 GNM is continually seeking to improve Newsmaker. GNM reserves the right, at its discretion, to make changes to any part of Newsmaker provided that it does not materially reduce the GNM Material or its overall functionality.
• 7 General
• 7.1 The information that you provide to GNM about your school and Users will only be used by GNM in accordance with its Privacy Policy which is available at www.newsmaker.co.uk or on request from GNM.
• 7.2 GNM will not be liable for any failure or delay in performing its obligations under this Agreement to the extent that this failure or delay is the result of any cause or circumstance beyond its reasonable control and that failure could not have been prevented or overcome by GNM acting reasonably and prudently. If by reason of force majeure GNM is unable to perform all or any part of its obligations under this Agreement for a continuous period of 20 working days, you may terminate this Agreement immediately by written notice.
• 7.3 Neither party will assign or transfer its rights or obligations under this Agreement without the other party’s prior written consent except that no consent will be required for an assignment or transfer of GNM’s rights and obligations under this Agreement to any entity within its Group. "Group" will mean the companies controlling, controlled by or in current control with GNM. No transfer of rights from you to another school is permitted.
• 7.4 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.
• 7.5 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
• 7.6 A person who is not party to this Agreement will have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
• 7.7 This Agreement will be governed by, and construed in accordance with, English law. The English courts shall have exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with this Agreement, except that where you are based in another jurisdiction then GNM may bring proceedings in the courts of that jurisdiction.
• 7.8 Headings in this Agreement are for convenience only and will have no legal meaning or effect.

PART C: SUBSCRIPTION

Your Subscription begins on the day that you receive email or fax notification from GNM. It is your own responsibility to ensure that the details are passed to the relevant person at your school to facilitate access to Newsmaker.

The fee for your Subscription ("Subscription Fee") is calculated and payable annually on the anniversary of the start of your Subscription (unless otherwise stated) in advance by such method of payment as GNM requests. GNM will be under no obligation to provide Newsmaker until the Subscription Fee has been paid. Unless otherwise agreed in writing with GNM, the Subscription Fee will be payable by you within 28 days of receipt of a VAT invoice.

GNM will send you details of your Subscription Fee payable for the subsequent year before the anniversary of your current Subscription. Your Subscription will renew only if you provide GNM with a purchase order number for the Subscription Fee before the anniversary of your current Subscription. If you fail to pay the Subscription Fee for any subsequent year within 28 days of receipt of a VAT invoice, GNM may suspend your access to Newsmaker until your Subscription Fee is paid.

You will pay, on demand, interest on all amounts which are overdue for more than 30 days, such interest to be calculated from the date when payment fell due to the date of actual payment at the rate of 3% above the base lending rate of HSBC Bank from time to time. GNM may suspend provision of all or part of Newsmaker if you are in arrears with the payment of Subscription Fees at any time.

If GNM terminates this Agreement under Part B, paragraph 5.2 above, you are entitled to a refund of that part of any Subscription Fee which relates to the unexpired part of the Agreement.

Privacy Policy

Guardian News & Media ("GNM", "we" or "us") is committed to protecting your privacy.

Please read this privacy policy carefully as, by using the Newsmaker product at www.newsmaker.co.uk ("Newsmaker"), you are accepting the practices described in this privacy policy. If you have any requests concerning personal information disclosed by you or any of the pupils at your school or any queries with regard to the practices set out in this privacy policy please contact us by emailing info@newsmaker.co.uk or calling 0203 353 4059

• 1 Information collected

In addition to the information you supply when you register with Newsmaker, we collect personal information from users of Newsmaker through the use of online forms and every time you contact us (including by email) with your details.

We collect additional information automatically about your visit to Newsmaker (see paragraph 4 below on "Cookies").

• 2 Use of personal information

We process personal information collected via Newsmaker for the purposes of providing Newsmaker and personalising it to your school, dealing with your enquiries and requests and administering membership records.

We may send you communications containing information about our products or services which we feel may be of interest to you but only if you have consented to us contacting you in this way (for example, when you register your school for Newsmaker).

If you wish to amend the way in which we contact you or opt out of any marketing updates, please contact us by emailing info@newsmaker.co.uk or calling 0203 353 4059

• 3 Disclosures

GNM does not sell, trade or rent your personal information to others unless you have given us your permission. With your permission we will only share the information with carefully chosen, reputable and trustworthy third parties as follows: third party service providers or suppliers we engage to process and analyse data or to provide marketing functions on our behalf; our business partners; government bodies and law enforcement agencies (where necessary); successors in title to our business; and any other third parties but only where we have received your prior consent.

Also, GNM may provide aggregate statistics about our customers, sales, traffic patterns and related website information to reputable third-party vendors, but these statistics will include no personally identifying information.

GNM follows the relevant legal requirements and uses all reasonable precautions to ensure only responsible third parties see the information. However we are not responsible for any breach of security or any actions of any third parties who receive the information.

• 4 Use of cookies

"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. When you visit Newsmaker, the website is able to generate a small text-file which your browser then stores on your computer's hard drive. You can think of cookies as providing a "memory" for Newsmaker, enabling it to recognise a user and respond appropriately. We use cookies to help improve the functionality of Newsmaker, for example, to store your search results and your recent navigation of Newsmaker and to remember the text size you have chosen.

There are different types of cookies. All of the cookies that we use are “session ID” cookies, which expire when you close your browser. We do not use “persistent” cookies (those which remain on your hard drive for an extended period of time) and we do not link the information we store in cookies to any personally identifiable information you submit while on Newsmaker.

You can set your browser to notify you before you receive a cookie, giving you the option to accept it. You can also set your browser to reject cookies. If you want to know how to do this please look at the help menu on your browser. However, switching off cookies may restrict your use of Newsmaker.

• 5 Security policy

No transmission of data on the Internet can be guaranteed to be 100% secure. Therefore we cannot promise the security of any information you transmit to us and you do so at your own risk.

It is important for you to protect against unauthorised access to your password and to your computer. At the end of a session, be sure to sign out of your registered account when using a shared computer.

Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by using Newsmaker and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.

• 6 Access right

You have a right to access the personal data held about you. To obtain a copy of the personal information we hold about you, please write to us at Newsmaker, Guardian News & Media Limited, King's Place, York Way, London N1 9GU, enclosing a cheque for £10.

• 7 Changes to this privacy policy

This policy was last updated on 13th January 2010. From time to time we may make changes to this privacy policy to reflect any changes to our privacy practices in accordance with changes to legislation, best practice or enhancements to Newsmaker. If we change our privacy policy in the future, we will advise you of changes or updates to our privacy policy via a prominent notice on Newsmaker. If you continue to use Newsmaker after we post any changes to this privacy policy your use will constitute your acceptance of such changes.