Version 1.2, Dated April 2018
This agreement details the licence we grant you and governs your use of Just2easy's subscription service (the "Service"). By accessing the Service you are agreeing, either yourself or on behalf of your establishment, to the terms that appear below. This applies whether you or your establishment have purchased the Service or another party, is paying for the subscription.
1.0 The j2e.com website and associated sites (the "Sites") and the Service are owned by Just2easy Limited, whose registered office is:- Just2easy Limited, Wyre Forest House, Finepoint Way, Kidderminster, DY11 7WF
1.1 You will receive access to the Service following either payment, or agreement to pay, for the period of your subscription. Just2easy Limited agrees to provide you with reasonable support by telephone or email during normal working hours for the purpose of assisting you to utilise the Sites.
1.2 You acknowledge that you have provided Just2easy Limited with accurate and complete registration information and that it is your responsibility to update Just2easy Limited of any changes to that information (including your email address) via firstname.lastname@example.org
1.3 At all times, within the definition of the EU General Data Protection Regulation (GDPR) the school and its employees retain the status of Data Controller for their data held on our cloud service. The data obtained from the school’s systems always remains in the ownership of the school, or that of the individual (employed) users.
1.4 Just2easy shall be the Data Processor for the purposes of the GDPR except where we act as Data Controller for invoicing and administrative purposes.’
1.5 These terms and conditions (including any documents referred to within them) contain all the terms on which we provide the Service to you. They supersede any prior promises, representations, undertakings or implications made.
1.6 Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
1.7 Access to the Service is only provided to you on condition that either you pay the Fee (if you are an individual member) or you are a duly authorised member of an institution that has paid the Fee.
1.8 Your Subscription begins on the day that we send email notification. It is your own responsibility to ensure that the details are passed on to the relevant person at your school or library to facilitate access to the Sites.
1.9 The fee for your subscription (the "Fee") is calculated annually on the anniversary of the start of your subscription. Just2easy Limited shall be under no obligation to provide the Service until the Fee has been paid. If you fail to pay the Fee for any subsequent year, Just2easy Limited may suspend your access to the Service until your Fee is paid.
1.10 On registration, you or your establishment will be allocated unique ID details. You are responsible for all use of the Service using your ID and for preventing unauthorised use of your ID. You must ensure that any user you pass the ID details onto complies with the terms of this Agreement and all reasonable user terms made available on the Site.
1.11 If you believe there has been any breach of security such as the theft of or unauthorised use of your ID, unauthorised access gained to personally identifiable data on our cloud service, personally identifiable data from our cloud service left on an insecure device which is lost or some other data breach as defined within the GDPR, you must notify Just2easy Limited immediately by emailing email@example.com
1.12 If Just2easy Limited reasonably believes that your ID is being used in any way which is not permitted by this Agreement, we reserve the right to cancel access rights immediately on giving notice to you and to block access from your ID.
2.0 The Service (including any images, designs, photographs, animations, video, audio, music and text incorporated into the Service) is owned by Just2easy Limited and is protected by United Kingdom copyright laws and international treaty provisions. All material displayed on the Service belongs to Just2easy Limited.
2.1 You may not (without prior written permission from Just2easy Limited):
2.1.0 redistribute any of the content (including by using it as part of any library, archive or similar service);
2.1.1 remove the copyright or trade mark notice from any copies of Content made under this Agreement;
2.1.2 commercially exploit any of the Content.
2.1.3 reverse engineer, decompile, or disassemble the Service.
2.2 You acknowledge all Just2easy trade marks and agree not to use them without written permission.
3.0 Just2easy Limited will use its reasonable skill in making the Service available to you and in ensuring its continuing availability during your Subscription. However, Just2easy Limited does not give any other warranties in respect of the Service. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
4.0 Just2easy Limited will use its reasonable endeavours to resolve faults in the Service during the Subscription. You agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur up to an amount equivalent to the fee actually paid or payable in relation to your use for the relevant term of the service.
4.1 To the maximum extent permitted by applicable law, in no event shall Just2easy Limited be liable for any damages which arise out of the use or inability to use the Service (including, without limitation, any indirect loss or damage, damages for the loss of business profits, business interruptions, loss of business information, or other pecuniary loss), even if Just2easy Limited has been advised of the possibility of such damages. In any event, Just2easy Limited's entire liability to you under this Agreement or with regard to the Service shall be limited to the amount actually paid for the Service.
6.1 You will continue to own all right, title and interest to all of your own customer data as Data Controller within the definition of the GDPR and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of any customer data which you supply.
7.1 A cookie is a small file which is placed on your computer's hard drive. Cookies help the Service to run smoothly and efficiently. Most users will have their web browsers set to accept cookies by default.
Cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
8.0 By taking a subscription to the Service you agree to receive occasional “account maintenance” email notifications, these will inform you when you are approaching the end of your subscription period and also provide links to getting started resources when you first subscribe as well as essential account information in relation to the service. You will also be placed onto the mailing list to receive our added value marketing emails that provide additional classroom resources and news about new features which you can unsubscribe from at any stage.
9.0 The Agreement shall, unless otherwise terminated as provided in this clause, continue for each subscription term. Without affecting any other right or remedy available to it we may terminate this Agreement with immediate effect by giving written notice to you if you commit a material breach of any term of this Agreement and fail to remedy the breach within 7 days of a written request from us to do so or you repeatedly breach any term of this Agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with having the intention or ability to give effect to the terms of this Agreement.
9.1 On termination of this Agreement or any non-renewal of this Agreement for any reason all licences granted under this Agreement shall immediately terminate and each party shall return and make no further use of any data, documentation or other items (and all copies of the same) belonging to the other party.
9.2 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 the Agreement which has existed at or before the date of termination shall not be affected or prejudiced.