CHP Academy (from The Children’s Health Project CIC) Terms of Service
All staff using the CHP Academy, on the website, or via the app, should be subject to their organisation’s policy on ‘Acceptable use of Electronic Communications’. An example policy is available on request.
The data stored in our data centres is used for no other purpose than to provide the services available in the CHP Academy and associated app. (https://childrenshealthproject.com/the-academy/).
DBS-checked staff from The Children’s Health Project CIC may access your online account to assist with support queries.
Your organisation agrees to allow the CHP to have regular contact with your school and school contact via telephone, email and post (where the details have been provided) in regards to the service we provide, updates, marketing and any essential information we need to communicate.
Your organisation also agrees that an appropriate level of communication via the methods stated will be allowed after any trial period of the CHP Academy has ended unless notified otherwise. This can be done via email to email@example.com
The WebSuite and App can be remotely deactivated should a device be lost or stolen.
All data is held securely in the WebSuite and App and in our data centres within the British Isles.
All email transfers use industry standard encryption. PDFs sent by email can only be read using a PIN code when you protect your App with a code. The Web Management Suite uses industry standard encryption. Website encryption is performed using a Global sign secure certificate.
More details available upon request.
In so far as required, both parties agree that they will comply with all applicable requirements of the (i) General Data Protection Regulation (EU) 2016/679 (GDPR) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998 (together, Data Protection Legislation). This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
The parties acknowledge that for the purposes of the Data Protection Legislation, the school is the data controller and the CHP is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Schedule 1 sets out the scope, nature and purpose of processing by the CHP, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.
Without prejudice to the generality of the opening clause, the school will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the CHP for the duration and purposes of this agreement.
Without prejudice to the generality of the opening clause, the CHP warrants and undertakes that it shall, in relation to any Personal Data processed in connection with the performance by the CHP of its obligations under this agreement,
- process Personal Data only on the written instructions of the school unless the CHP is required by the laws of any member of the European Union or by the laws of the European Union applicable to the CHP to process Personal Data (Applicable Laws). Where the CHP is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the CHP shall promptly notify the school of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the CHP from so notifying the school;
- ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the school, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
- assist the school, at the School’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- notify the school without undue delay on becoming aware of a Personal Data breach;
- at the written direction of the school, delete or return Personal Data and copies thereof to the school on termination of the agreement unless required by Applicable Law to store the Personal Data;
- maintain complete and accurate records and information to demonstrate its compliance with this clause 7 (and allow for audits by the school or the school’s designated auditor). ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
- not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the school has been obtained and the following conditions are fulfilled:
(a) the school or the CHP has provided appropriate safeguards in relation to the transfer;
(b) the data subject has enforceable rights and effective legal remedies;
(c) the CHP complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(d) the CHP complies with reasonable instructions notified to it in advance by the school with respect to the processing of the Personal Data;
The school consents to the CHP appointing additional third-party processors of Personal Data under this Agreement from time to time, provided that the CHP will give to the school a prior written 60 days’ notice to advise of any such additional third-party processors and the school does not object to the appointment of any such additional third- party processors during the 60 days’ notice period. Should the school object in writing to any such additional third-party processors being appointed by the CHP, it will have the right to terminate this agreement upon giving the CHP at least 30 days’ prior written notice in which case the school shall be entitled to the refund of the paid fee proportionate to the number of full months left from the then current initial or renewed subscription period from the termination date until the end of the applicable initial or renewed subscription period, which shall be the school’s sole and exclusive remedy if the school objects to any new third-party processor. The CHP confirms that it has entered or (as the case may be) will enter with each of the third-party processors into a written agreement substantially on that third party’s standard terms of business incorporating terms which are substantially similar to those set out in this clause 7. As between the school and the CHP, the CHP shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 7.
The parties may by mutual agreement revise this clause 7 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme.
The school agrees to indemnify and keep indemnified the CHP and defend it at the school’s own expense against all costs, claims, damages or expenses incurred by the CHP or for which the CHP may become liable due to any failure by the school or its employees or agents to comply with any of the school’s obligations under this clause.
The school shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
This agreement stands as a data processing agreement between the CHP and the School. Additional information is detailed in the terms and conditions.
The purpose of the data processing agreement is to provide the School with a safe mechanism for processing data. This is required for the school to receive full functionality of the CHP Academy WebSuite and app. This will benefit the School when tracking and assessing pupils’ development and achievements and having the information available to produce individual, class, year group and school reports.
- The Children’s Health Project CIC
- The Primary PE Passport
Data Items Required – see schedule 1.
SCHEDULE 1 Processing, Personal Data and Data Subjects
Processing by the CHP
The Supplier will process the school’s Personal Data strictly in accordance with this agreement for the purpose of providing the services to the School under this agreement.
Any school Personal Data provided by the school, including non- sensitive personal data and, potentially, special categories of personal data, at the discretion of the school.
Purpose of processing
To carry out the services within and outside the EEA as directed by the school.
Duration of the processing
For as long as is necessary to comply with this agreement for the provision of services by the CHP to the school, and to comply with the CHP statutory obligations, if applicable.
Types of personal data
As may be provided by the school from time to time, including but not limited to:
- Name of school
- Name of teacher/staff member(s)
- Email address(es)
- Year group of pupils
- Pupil Premium
- Disadvantaged groups
As well as other types of Personal Data as may be submitted by the school to the CHP from time to time to enable the CHP to provide the services under this agreement.
Categories of data subject
Any categories as may be necessary for the CHP to provide its services under this agreement as may be directed by the school, including but not limited to the lead contact at school, teachers and pupils.
Terms of Service: The Children’s Health Project CIC: Terms of Licence and Use.
This Agreement details the licence we grant you and governs your use of CHP Academy. By using CHP Academy you are agreeing, either yourself or on behalf of your establishment, to the terms that appear below whether you, your establishment or another party (eg your Local Authority), have signed up for a free account or purchased a subscription.
The headlines of our terms and conditions are below (please do take the time to read the detailed terms and conditions that follow these headlines and the fine print, as you will be bound by them and we cannot cover all the important terms in these headlines):
You can use the CHP Academy with limited functionality for free, but for access to most of the features you will need to buy a subscription.
Your subscription is limited to the agreed setting (which doesn’t extend to chains, federations etc. unless specifically agreed in writing), can’t be transferred to anyone else, and can only be used on the number of devices that you’ve bought a subscription for.
When your subscription expires we’ll keep your data for 30 days, but after that we reserve the right to delete it.
You are responsible for keeping your passwords and logins secure and for using PIN codes where possible.
You are also responsible for keeping a record of all devices on which the CHP Academy is installed.
We will do our best to make sure that all the information and guidance in the CHP Academy is accurate, but this doesn’t amount to a warranty.
We will try to make sure that the CHP Academy is available as close to 100% of the time as we can, but we can’t be liable for any losses that result if the service is unavailable.
We will do everything we reasonably can to keep your data secure and we will take all reasonable steps to comply with the requirements of the Data Protection Act. Should there be a breach of the data held by the Company we will ensure that schools are notified within 48 hours.
If you wish to make a legal claim which relates to your use of the CHP Academy, the most you will be able to recover is the amount you have paid in any given subscription period for the CHP Academy. We won’t be liable for any pure economic loss you suffer in any circumstances.
Restrictions Except as otherwise expressly provided herein, you may not:
- copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile, modify or alter any part of the Product
- use the Product on behalf of, share or permit to be shared, the Product with any third party
- use or permit to be used the Product for anything other than the Purpose
- attempt or provide a means to execute any bulk download operations, cache or otherwise store any content other than for what would reasonably be regarded as normal use including for data backup
- knowingly use the Product in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware, spam, pornography or other offensive purposes
- knowingly use the Product in any manner or for any purpose that violates any applicable law or regulation, or any right of any person including, but not limited to, Intellectual Property Rights, or privacy rights
The Product and all Intellectual Property Rights contained therein, are and shall at all times remain the sole and exclusive property of The Children’s Health Project CIC.
The Fine Print
These are our legally binding Terms and Conditions applicable to all use of the CHP Academy, which consists of a Web Suite (the CHP Academy) and an Application or App (The Children’s Health Project App) which runs on certain tablet computers and some smartphones (the Devices or Device).
Provision of Service
The licence to use the Children’s Health Project Academy (the CHP Academy) is granted to you by The Children’s Health Project CIC. Company number 10145938 (The Children’s Health Project CIC), whose registered office is at Meadowcroft House, 182 Balcombe Road, Horley, Surrey, RH6 9ER. All references to us, or the Children’s Health Project Academy in this document refer to The Children’s Health Project CIC.
The free version of the CHP Academy, on our Web Suite, or on our App (titled The Children’s Health Project) requires a free subscription. In order to use the full functionality of the CHP Academy, a paid subscription must be purchased. By continuing to use the CHP Academy, you agree to abide by these terms and conditions regardless of whether or not a subscription has been purchased.
By purchasing a subscription, you are granted a limited non- exclusive, non-transferable licence to use the CHP Academy, including any such features as are agreed by us, and with you, in writing at the time of purchase.
Purchase of a subscription to the CHP Academy licences the school to use the visuals and names of our four Health Champions©, Mindset Warrior©, Nutrition Ninja©, Agent Lifestyle© and Captain Kinetic© in their school, and via correspondence with their school community. The school does not own the rights to the Health Champions, and can only use them whilst their subscription is live.
You may use your subscription on no more than the number of tablet devices agreed by us and with you, with you in writing.
You may only use your subscription at the setting or settings explicitly agreed with us in writing. Schools or organisations that are part of chains, federations or similar collections or associations are treated for the purpose of this agreement as separate institutions. Each such organisation will require its own licence unless the contrary is explicitly agreed with us in writing.
The subscription fee shall be payable on, or before, the date of commencement of your subscription. Unless otherwise stated all prices quoted to you are inclusive of VAT or other sales tax. If any part of the subscription fee is unpaid, we reserve the right to suspend use of the CHP Academy.
You must make all payments due without any set-off, counterclaim or any other deduction.
You must maintain reasonable security measures to safeguard the CHP Academy from access or use by any unauthorised person, including ensuring that the PIN code feature is used to lock the CHP Academy app on each device, taking reasonable steps to maintain security of passwords and PIN codes and log-in information. You must promptly contact us by emailing firstname.lastname@example.org to request password changes or deactivation if you become aware that a device has been lost or stolen; a user has left your employment, or that your security has been compromised.
You must retain access to the CHP Academy under your control and maintain a full and accurate record of the devices on which the Websuite/App is located and you agree that you will produce a copy of that record to The Children’s Health Project CIC upon request.
These terms and conditions (including any documents referred to within them) contain all the terms on which we provide the CHP Academy to you. They supersede any prior promises, representations, undertakings or implications made.
Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
If The Children’s Health Project CIC reasonably believes that your login is being used in any way which is not permitted by this Agreement, The Children’s Health Project CIC reserves the right to cancel access rights immediately on giving notice to you and to block access from your login.
We may include your name in our list of customers made available to the public and, subject to your prior written consent, may include in our marketing materials a case study concerning your use of the CHP Academy.
If subscribed to the CHP Academy, we will allow you to have access to any of your data stored for a 30 day period following termination of your subscription. We reserve the right to permanently delete all such data after expiry of that 30 day period. It is therefore your responsibility to make back-ups of any data that you wish to preserve before the expiry of that period.
Ownership of Copyright and Intellectual Property Rights
The name The Children’s Health Project CIC and the CHP Academy App and Web-Suite (including any images, designs, photographs, animations, video, audio, music and text incorporated into the CHP Academy) are owned by The Children’s Health Project CIC and its partners and are protected by United Kingdom copyright laws and international treaty provisions.
You may not (without prior written permission from The Children’s Health Project CIC):
- Attempt to circumvent the copy protection in the CHP Academy or copy the CHP Academy Web Suite or App.
- Reverse engineer, decompile, or disassemble the CHP Academy app or anything on the Web- Suite.
- If in our reasonable opinion the CHP Academy is, or may become, the subject of an intellectual property claim, we shall be entitled to replace or modify the CHP Academy so that it becomes non- infringing, but is the equivalent in all material respects to its previous specification prior to modification.
- We shall have no liability for any intellectual property claim arising from any use of the CHP Academy which is not in accordance with this agreement, including any modification of the CHP Academy materials, or the CHP Academy itself, by you or a third party, or from the use of any version other than the most recent version of the CHP Academy.
Warranties and Acknowledgements
You undertake to use the CHP Academy in compliance with all applicable laws and in a manner that does not infringe any third party rights.
The CHP Academy may include certain features designed to assist you to comply with legal or regulatory requirements or guidelines including stage objectives and outcomes. We may also provide general guidance on various topics including suggested policies. In doing so you acknowledge that you rely on such features or guidance at your own risk. It is your responsibility to satisfy yourself that the CHP Academy, and your use of it, complies with any legal or regulatory requirements or guidelines that apply to you and that the CHP Academy is otherwise suitable for your purposes
You acknowledge that the CHP Academy has not been produced to meet your individual specifications and cannot be tested in advance in every possible operating combination and environment, and that it is not possible to produce software that is known to be error free in all circumstances.
The Children’s Health Project CIC will use its reasonable skill in making the CHP Academy available to you and in ensuring its continuing availability during your subscription. However, because of the nature of the Internet and computer software and hardware, errors and omissions do occur and the CHP does not give any other warranties in respect of the CHP Academy and do not warrant that the CHP Academy will be available 100% of the time. Further, you should not take the accuracy of the information provided for granted and the CHP makes no warranty that the CHP Academy is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
Limitations of Liability and Indemnities
The CHP Academy is provided on an ‘as is and as available basis’, and to the maximum extent compatible with the law, without warranties or representations of any kind as to merchantability, non- infringement or fitness for any particular purpose.
The CHP will use its reasonable endeavours to resolve faults in the CHP Academy 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 CHP Academy. When using the free version, your only remedy will be to terminate your use of the CHP Academy.
To the maximum extent permitted by applicable law, in no event shall the CHP be liable for any damages which arise out of the use or inability to use the CHP Academy (including, without limitation, damages for the loss of business profits, business interruptions, loss of business information, or other pecuniary loss), even if the CHP has been advised of the possibility of such damages. In any event, liability to you under this Agreement, or with regard to the CHP, shall be limited to the amount actually paid for the CHP Academy in your most recent subscription fee payment.
In no event will the CHP be liable for any economic losses, loss of goodwill or reputation, special indirect or consequential losses or damage to or loss of data.
The CHP shall have no liability of any kind of any loss or damage to the extent that they result from your breach of this agreement.
Additional Data Information
We will make backups of your data, but we do not guarantee that the backups will be made at sufficient regularity for your purposes. It is your responsibility to protect yourself against the risk of damage to or loss of data by making your own backups of the data whether by frequent use of the facility in the CHP Academy or otherwise.
If you give us instructions that are, in our judgment, incompatible with the proper running of our operations, we will be at liberty to refuse to continue to provide data processing services to you.
Nothing in this agreement shall prevent either party complying with any legal obligation imposed by a regulator or court.
You are responsible for the data you supply to us and shall ensure that it complies with all applicable laws and is not unlawful, false, misleading, abusive or offensive.
You acknowledge that the CHP Academy and the information it extracts are dependent partly on the accuracy of the data that you supply to us. For the avoidance of doubt, we are not responsible for checking the accuracy of the data you supply to us.
Our partners, Primary PE Passport Ltd, have put in place technology and procedures which are committed to keeping all data held securely and away from unauthorised access. Our operational procedures to collect and store the data in a secure manner include encryption and firewalls to protect the servers and the uploading of data encrypted [using SSL technology].
We cannot guarantee the security of data transmitted via the internet and any data must be transmitted at your own risk. For this reason we do NOT encourage schools to transmit any data to us via email. We encourage all data to be uploaded via our school admin upload area which incorporates secure web technology to reduce any risk.
Where login or passcode details have been supplied, you are responsible for keeping those details secure and we strongly advise that you do not share those details.
We ask for correspondence to be sent only to our company email email@example.com
Jurisdiction and miscellaneous
If any part of these terms are unlawful, void or unenforceable for any reason such part, shall to the extent required be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of these terms and shall not in any way affect any other circumstances or the validity or enforcement of these terms.
Save insofar as expressly provided in these terms, no third party may enforce any clause in these terms under the Contracts (Rights of Third Parties) Act 1999, but this does not affect any right or remedy of a third party which exists or is available apart from such Act. This document was last updated 10th December 2019
© 2020 The Children’s Health Project