Primary PE Passport Terms of Service

  1. The Primary PE Passport Privacy Policy
    1. During normal use of the App, evidence photos and attainment data is transmitted from the App to our data centres. This data is available on the Web Management Suite ONLY to users within the school, or setting, with the appropriate password.
    2. All staff using the App should be subject to their organisation's policy on ‘Acceptable use of Electronic Communications’. An example policy is available on request.
    3. Children featured on evidence photos should be subject to the organisation's standard, ‘Parental Permission for Photos,’ policy. An example policy is available upon request.
    4. The data stored in our data centres is used for no other purpose than to provide the services available in the App and associated website (www.primarypepassport.co.uk).
    5. DBS-checked Primary PE Passport staff may access your online account to assist with support queries. This permission can be switched off in the settings area on the Web Management Suite.
  2. Security Policy
    1. To avoid unauthorised access, the App can be locked with a user-defined PIN code.
    2. The App can be remotely deactivated should a device be lost or stolen.
    3. All data is held securely in the App and in our data centres within the British Isles.
    4. 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.
    5. The Web Management Suite uses industry standard encryption.
    6. Website encryption is performed using a Global sign secure certificate. More details available upon request.
  3. Data Protection
      Under the terms of the Data Protection Act:
    1. The organisation using the App is the data controller.
    2. Primary PE Passport and its service providers are data processors.
    3. Primary PE Passport complies with its responsibilities as data processor under the Data Protection Act. It is the Organisation's responsibility as data controller to be registered under the Data Protection Act. Further details can be found in our terms and conditions.
  4. Terms of Service

    Primary PE Passport Terms of Licence and Use. This Agreement details the licence we grant you and governs your use of Primary PE Passport (PPEP). By using PPEP you are agreeing, either yourself or on behalf of your establishment, to the terms that appear below whether you or your establishment have purchased or another party, for example only your Local Authority is paying for the subscription. The Headlines 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):

    1. You can use PPEP with limited functionality for free, but for access to most of the features you will need to buy a subscription.
    2. 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.
    3. When your subscription expires we’ll keep your data for 30 days, but after that we reserve the right to delete it.
    4. You are responsible for keeping your passwords and logins secure and for using PIN codes where possible.
    5. You are also responsible for keeping a record of all devices on which PPEP is installed.
    6. We will do our best to make sure that all the information and guidance in PPEP is accurate, but this doesn’t amount to a warranty.
    7. We will try to make sure that PPEP 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.
    8. 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.
    9. If you wish to make a legal claim which relates to your use of PPEP, the most you will be able to recover is the amount you have paid in any given subscription period for PPEP. We won’t be liable for any pure economic loss you suffer in any circumstances.
    10. We have an additional Security and Privacy policy, which covers how we will use any personal information you supply us with.
  5. Restrictions

    Except as otherwise expressly provided herein, you may not:

    1. copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile, modify or alter any part of the Product
    2. use the Product on behalf of, share or permit to be shared, the Product with any third party
    3. use or permit to be used the Product for anything other than the Purpose
    4. 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
    5. 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
    6. 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.
  6. Ownership
    1. The Product and all Intellectual Property Rights contained therein, are and shall at all times remain the sole and exclusive property of PE Passport.

The Fine Print

These are our legally binding Terms and Conditions applicable to all use of Primary PE Passport, which consists of a Web Suite (the Web-Suite) and an Application or App which runs on certain tablet computers and some smartphones (the Devices or Device).

  1. Provision of Service
    1. The licence to use Primary PE Passport (PPEP) is granted to you by Primary PE Passport Ltd. Company number 09311471(Primary PE Passport), whose registered office is at John Walker Accountancy, 1 Davyhulme Circle, Urmston, M41 0ST. All references to us, or Primary PE Passport, in this document refer to Primary PE Passport Ltd.
    2. The free version of the PPEP App may be downloaded and used free of charge, without the use of a subscription, but in order to use the full functionality of PPEP a subscription must be purchased. By continuing to use PPEP you agree to abide by these terms and conditions regardless of whether or not a subscription has been purchased.
    3. By purchasing a subscription, you are granted a limited non-exclusive, non-transferable licence to use PPEP, including any such features as are agreed by us, and with you, in writing at the time of purchase.
    4. You may use your subscription on no more than the number of tablet devices agreed by us and with you, with you in writing.
    5. 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.
    6. 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 exclusive of VAT or other sales tax and such tax must be paid by you where legally due. If any part of the subscription fee is unpaid, we reserve the right to suspend use of PPEP.
    7. You must make all payments due without any set-off, counterclaim or any other deduction.
    8. You must maintain reasonable security measures to safeguard PPEP from access or use by any unauthorised person, including ensuring that the PIN code feature is used to lock the PPEP 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 info@PrimaryPEPassport.co.uk 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.
    9. You must retain the PPEP App under your control and maintain a full and accurate record of the devices on which the App is located and you agree that you will produce a copy of that record to Primary PE Passport upon request.
    10. These terms and conditions (including any documents referred to within them) contain all the terms on which we provide PPEP to you. They supersede any prior promises, representations, undertakings or implications made.
    11. Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
    12. If Primary PE Passport reasonably believes that your login is being used in any way which is not permitted by this Agreement, Primary PE Passport reserves the right to cancel access rights immediately on giving notice to you and to block access from your login.
    13. 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 PPEP.
    14. If you are using the free version of PPEP we do not undertake to retain any of your data. If you have paid for a subscription, 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.
  2. Ownership of Copyright and Intellectual Property Rights
    1. The name Primary PE Passport and the PPEP App and Web-Suite (including any images, designs, photographs, animations, video, audio, music and text incorporated into PPEP) are owned by Primary PE Passport and its partners and are protected by United Kingdom copyright laws and international treaty provisions.
    2. You may not (without prior written permission from Primary PE Passport):
      1. Attempt to circumvent the copy protection in the PPEP App or copy the PPEP App.
      2. Reverse engineer, decompile, or disassemble the PPEP app or anything on the Web- Suite.
    3. If in our reasonable opinion PPEP is, or may become, the subject of an intellectual property claim, we shall be entitled to replace or modify PPEP so that it becomes non- infringing, but is the equivalent in all material respects to its previous specification prior to modification.
    4. We shall have no liability for any intellectual property claim arising from any use of PPEP which is not in accordance with this agreement, including any modification of PPEP by you or a third party, or from the use of any version other than the most recent version of PPEP.
  3. Warranties and Acknowledgements
    1. You undertake to use PPEP in compliance with all applicable laws and in a manner that does not infringe any third party rights.
    2. PPEP 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 PPEP, and your use of it, complies with any legal or regulatory requirements or guidelines that apply to you and that PPEP is otherwise suitable for your purposes
    3. You acknowledge that PPEP 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.
    4. You acknowledge that we will process personal data in accordance with our Security and Privacy Policy.
    5. Primary PE Passport will use its reasonable skill in making PPEP 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 Primary PE Passport does not give any other warranties in respect of PPEP and do not warrant that PPEP will be available 100% of the time. Further, you should not take the accuracy of the information provided for granted and Primary PE Passport makes no warranty that PPEP 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.
  4. Limitations of Liability and Indemnities
    1. PPEP 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.
    2. Primary PE Passport will use its reasonable endeavours to resolve faults in PPEP 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 PPEP. Where you using the free version, your only remedy will be to terminate your use of PPEP.
    3. To the maximum extent permitted by applicable law, in no event shall Primary PE Passport be liable for any damages which arise out of the use or inability to use PPEP (including, without limitation, damages for the loss of business profits, business interruptions, loss of business information, or other pecuniary loss), even if Primary PE Passport has been advised of the possibility of such damages. In any event entire liability to you under this Agreement, or with regard to PPEP, shall be limited to the amount actually paid for PPEP in your most recent subscription fee payment.
    4. In no event will Primary PE Passport be liable for any economic losses, loss of goodwill or reputation, special indirect or consequential losses or damage to or loss of data.
    5. Primary PE Passport shall have no liability of any kind of any loss or damage to the extent that they result from your breach of this agreement.
  5. Personal Data
    1. 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 PPEP to create reports or otherwise.
    2. The following provisions exist to ensure compliance with the Seventh Principle contained in Part II of Schedule 1 of the Data Protection Act 1998 (the Seventh Principle). In supplying us with personal data via PPEP you will be considered to be a Data Controller within the meaning of the Data Protection Act. In processing such data, we will be considered to be a data processor.
      In processing all such data:
      1. We, our servants and agents, will take all reasonable necessary steps to comply with the Seventh Principle.
      2. We will provide information to you as to our technical and organisational security measures governing the processing and storage of data to be carried out, and will continue to keep you updated in respect of any significant changes to such arrangements.
      3. We will not transfer any of your data outside the European Economic Area, except at your request.
      4. We shall only carry out those actions, in respect of the personal data processed on your behalf, as are expressly authorised by you.
      5. We will not subcontract any of its rights or obligations under this agreement without your prior written consent.
      6. Where we, with your consent subcontract any of our obligations under this agreement, we shall do so only by way of a written agreement with the subcontractor that imposes the same obligations in relation to the security of the processing on the subcontractor as are imposed on us under this agreement.
      7. You hereby acknowledge and consent to the subcontracting of data processing by the Processor to the PE & Sports Hub who is the principal author of the Primary PE Passport software. We warrant that such subcontracting is covered by a written agreement that complies with paragraph 5.2.5 above.
      8. 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.
      9. We agree that we shall maintain the personal data processed by us on behalf of you in confidence. In particular, subject to paragraph5.2.9 below, we agree that, save with your prior written consent, we shall not disclose any personal data supplied to us, for or on behalf of you, to any third party
      10. Nothing in this agreement shall prevent either party complying with any legal obligation imposed by a regulator or court.
      11. Following termination of your subscription, the Processor shall at the direction of the Controller destroy all personal data unless prohibited from doing so by law.
    3. 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.
    4. You acknowledge that PPEP 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.
  6. Security
    1. We 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].
    2. 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.
    3. 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.
    4. We ask for correspondence to be sent only to our company email.
    5. Privacy Policy and Cookies. The information that you provide about yourself to Primary PE Passport will only be used by Primary PE Passport in accordance with its Security and Privacy Policy. We use cookies on the Web-Suite and by using PPEP you consent to the use of such cookies, full details of how we use them are contained within our Security and Privacy Policy. Please read the Security and Privacy Policy carefully and if you have any questions please email support@primarypepassport.co.uk
  7. Jurisdiction and miscellaneous
    1. The English Courts will have exclusive jurisdiction over any claim arising from or related to your use of PPEP. These terms of use are governed by English law. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make as they are binding on you.
    2. 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.
    3. 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 last updated 5th December 2016