Terms and conditions of using the Ready to Run website and resources: The small print

The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Content and Resources”) through the Ready to Run website (the “Website”) including you visiting and browsing the Website (being a “Visitor”) and registering with Ready to Run as a user (a “User”)(“You”).
Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Website and the Online Content and Resources immediately. By using the Website, Online Content and Resources you are agreeing to these Terms. 

Ready to Run’s Intellectual Property Rights 

  1. Digital Learning Associates Ltd (“We”/”Us”/”Our”) is the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Resources including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Resources IPR”). The Online Content and Resources IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Resources IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Resources IPR will vest in us or the licensor, as applicable. You agree that such rights remain the property of us or the licensor whether viewed on Our registered domains or on other domains we may from time to time use to display the Website and Online Content and Resources including domains provided by Third Parties with our consent. 

Normal use for Education Institutions and Professionals 

  1. You are an educational Institution or You are a teacher either active or in training
    1. An "Institution" means any educational establishment that provides teaching and learning curriculum to up to 5000 registered students as its core functional remit and existence such as, without limitation, schools, local authorities, school groups, further education colleges and higher education universities.
    2. A “Teacher” means a person engaged in structured activities of teaching and learning such as instructing up to 50 students at a time, guiding programmes of study, conducting lessons. 
  2. If You are engaged in the activity of packaging, copying, adapting or bundling education content to distribute in a commercial setting including, without limitation, if You are a publisher whether online or in print, a provider of Online Programme Management, Online learning platforms, MOOCs, Learning Management Systems, Content Management Systems, Education Portals, Learning Pathways and related products which programmatically manage student experience as service supplied directly to clients or learners, you are not permitted to register with Ready to Run as a User in order to deliver your service. You will cancel your registration and you must approach us to negotiate a special platform licence as a publisher/distributor. . 
  3. You agree not to access the Website or Online Content and Resources through any technology other than the software provided by us or enabled via API’s or other generally available third-party web browsers such as Chrome, FireFox, Safari or Internet Explorer;
  4. You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Website or access to the Online Content and Resources;
  5. You agree not to use or access the Website or Online Content and Resources for commercial resale including:
    1. the sale of access to the Online Content and Resources or any associated content;
    2. the solicitation of business in the course of trade or in connection with a commercial enterprise unless without specifically crediting Ready to Run as the business benefit you are providing in your trade or enterprise;
  6. You agree to use the Website and access the Online Content and Resources in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Resources;
  7. You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, repackage, load or embed to other websites, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Resources) for any other purpose other than as permitted by these Terms without our prior written consent;
  8. You agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Resources (including without limitation robots, spiders or scripts);
  9. You agree not to frame the Website or the Online Content and Resources, place pop-up windows over its pages, or otherwise affect the display of its pages;
  10. You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; 
  11. You agree not to stream, submit page requests, download, use or re-use any material which does not comply with these Terms.
  12. You acknowledge and agree that we may stop (permanently or temporarily) providing the Website and Resources (or any part of the Online Content and Resources) to you or to Users generally for whatever reason, at our sole discretion, without prior notice to you.
  13. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).

Licence to use

  1. Subject to your compliance with these Terms, We grant You a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:
    1. To access, internally use and display the Website and Online Content and Resources at your educational location (including in classes carried on in online mode) solely as necessary to browse and/or participate in the Online Content and Resources as permitted by these Terms;
    2. To download such content from the Online Content and Resources as is permitted to download, so that you may exercise the rights granted to you by these Terms
  2. You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Resources. You may not delete any attributions, legal or proprietary notices on content from the Website and Resources.
  3. You agree that you will not use our Website and Resources to
    • Intentionally or unintentionally violate any applicable law or regulation.
    • Collect or store personal data about other users.
    • Reproduce, copy, modify, create derivative works from or communicate or make  available to third parties any of the content of our Website or Resources other than your legitimate registered students without Ready to Run’s prior written consent.

Registration and “My Account”

  1. Any Visitor can view the Website, but in order to participate fully in all activities on the Website and to access the Online Content and Resources, you must register for a personal account on the Website (a “User Account”, accessible under “My Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your User Account with any third party for any reason. 
  2. The registration processes on our Websites may involve you creating a password to enable you to access your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
  3. In setting up your User Account, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help other Users get to know you and help us to tailor the services to suit you.
  4. You undertake to us that all information provided by you in relation to your User Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
  5. If you use the Website and Resources on behalf of an Institution or a corporate entity, you hereby represent, warrant and accept that:
    • You have all necessary power and authority to enter into and perform your and its obligations under our specific and general Terms.
    • You have taken all requisite corporate and other action to approve the entering into and performance of these Terms, including without limitation the compliance of your staff, employees and associates including your students and teachers, and shall provide evidence of that action to Ready to Run on request.
    • Once agreed and accepted by your act of registering as a User on behalf of your company or Institution, these Terms will constitute legal, valid and binding obligations of and on such Institution or corporate entity.

User Content (where applicable)

Throughout your use of the Website and Resources, you may at times depending on your permissions and our settings be able to provide content to the Website by uploading notes and replies, User discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “User Content”). Where such actions are performed by You, the following conditions apply:

  1. We do not claim ownership of any User Content you may submit or make available for inclusion on the Website and Resources. 
  2. With respect to any User Content you submit to us or that is otherwise made available to us as a result of your actions on the Website, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such User Content on the Website and/or in the Resources, with the right to sublicense such rights for any purpose associated with the provision of the Website and Resources. We reserve the right to remove any User Content without notice at any time and for any reason.
  3. Any User Content that is published on the public discussion areas of the Website (for example, the forums or areas where posts are made) will be subject to a Creative Commons Licence (Attribution-Non Commercial-NoDerivs; BY-NC-ND).

Our Liability to You

  1. Nothing in these Terms affects any statutory rights that you are entitled to as a consumer or under contract law.
  2. The Website and the Online Content and Resources are provided to you “as is” and we make no warranty or representation to you with respect to them.
  3. We exclude all representations, warranties, conditions and terms expressed or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
    1. any loss of profit (directly or indirectly);
    2. any loss of goodwill; and
    3. any loss of opportunity.
  4. We provide the Online Content and Resources on the Website in good faith but give no warranty or representation that the Online Content and Resources are accurate, complete or up-to-date or that they will meet any educational requirements. We accept no responsibility or liability for your use of Online Content and Resources on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
  5. Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
  6. We accept no responsibility for any loss or damage incurred by you as a result of:
    1. any reliance placed by you on the completeness, accuracy or existence of any information on the Website or the Resources;
    2. any changes which we may make to the Website and Resources, or for any temporary interruptions in the provision of the Website or Online Content and Resources;
    3. your failure to provide us with accurate account information; or
    4. your failure to keep your account details secure and confidential.
  7. We reserve the right to suspend your use of the Website and/or access to the Online Content and Resources at any time for operational, regulatory, legal or other reasons.
  8. We reserve the right to de-activate accounts that are inactive for an extended period of time.
  9. We may terminate your User Account or access/use of the Website with immediate effect:
    1. if we reasonably believe you or any User you are connected with are in breach of any of these Terms;
    2. in order to prevent any fraudulent, unlawful or abusive activity; or
    3. if it is necessary to prevent or stop any harm or damage to us, other Users of the Website or the general public

Governing Law

  1. These Terms, your use and access to the Website, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of England and Wales.
  2. Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of England and Wales. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.
  3. Notwithstanding paragraph 13.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.

Changes to the Website and these Terms

  1. We may update or amend these Terms (as well as our Policies or and other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website. 
  2. For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Online Content and Resources with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

Other Important Terms

  1. If any of these Terms are found to be invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
  2. Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (which is expressly excluded) or otherwise.
  3. We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent. These Terms, the Policies and the Code of Conduct set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.

Limitations of Liability

Our liability to you in relation to these General Terms and your use of the Websites and/or any Service is limited to the greater of: (a) £150 and (b) the price paid by you to us under any contract for paid services during the 3 months before the event giving rise to the claim. You acknowledge and agree that we shall not be liable for any (i) loss of profits, sales, business or revenue (ii) loss or corruption of data, information or software (iii) loss of business opportunity (iv) loss of anticipated savings or (v) any loss which is not reasonably forseeable.

Own Risk

The content of the Websites and Resources is not intended to, nor does it, constitute legal or other professional advice or services. It does not offer any recommendation upon which a specific decision should be made. The information, content of our Websites and any content made available via our Services may not address your particular circumstances and accordingly, you should not rely upon the content of our Websites or Services as a substitute for other forms of educational activity and content. We accept no responsibility for any reliance placed on information or content provided on our Websites or through our Services.

Force Majeure

Any act or situation which is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform, or delay in performance of our obligations or contracts under our General Terms. Any act, event, non-happening, omission or accident beyond our control includes (but is not limited to):

  • Strikes, lock-outs or other industrial action.
  • Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Interruption or failure of utility service (including the inability to use public or private telecommunications networks).
  • The acts, decrees, legislation, regulations or restrictions of any government, notably the acts of governments from time to time to block certain internet domains and technologies in their jurisdiction.

We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under the General Terms or any related contract between us may be performed despite the Force Majeure Event.