Who we are
We are MarvellousMe Ltd, a company registered in England under number 08782237, and our registered address is at Mousetows, Mouse Lane, Steyning, West Sussex BN44 3LP, UK (we, us, our).
These terms of apply to the use of our website at www.marvellousme.com (the website) and to the related application for use on mobile phones, tablets and other mobile devices (the app) that we make available for download, either from our website or from any third party application store. This agreement also applies to any services accessible through the website or the app, unless separate or additional terms apply, in which case they will be displayed on-screen or be made accessible via a link.
By (if appropriate) downloading, or registering to use, or using, the website or the app, you confirm that you accept and agree to be bound by these terms and acknowledge that they constitute a legally binding contract between us and you (and, if relevant, any organisation – such as a school – on whose behalf you are acting). If you are acting on behalf of any organisation, you confirm that you have the necessary authority to bind that organisation. If you (or, if relevant, your organisation) do not agree to these terms (or if you do not have the right to bind your organisation), you are not allowed to access or use the website or the app.
These terms apply to any in-app purchases made using the app (for example, subscriptions and other resources that may be available via the app from time to time).
In this agreement, references to you (and your, etc.) means both you as an individual user and also the organisation on whose behalf you are acting (if any).
We may change these terms from time to time by changing them on the website and (if you are using the app) notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the app.
These terms were last updated on 12th August 2014.
What the website and the app do
The purpose of the website and the app is to enable a teacher to share information regarding their pupils’ activities at school with the parents of the pupils concerned. Information can be provided by the teacher via the website or the app, and can then be viewed by the parents using the app. The parents can also choose to use the app to share information about their children with other people (such as grandparents, for example). Reference to parents in these terms should be taken to include reference to anyone acting in the role of parent (for example, a legal guardian).
The processing of information uploaded to, or shared via, the website and the app is subject to our privacy and cookies policy, which forms part of these terms.
Registration and use by teachers
If you are a teacher registering to use, or using, the website or the app:
- It is your responsibility to make sure that you have the appropriate authority from your school (or other organisation with which you work) to use the website and the app and to provide information relating to your pupils via the website and the app. We will take it from your use of the website and app that you have that authority.
- Once you have registered, it is your responsibility to register the names of the children in your class via the website. In relation to each child, the website will generate a unique code, and it is this code that will allow the parents of the child concerned access to the information relating to their child (and not to any other child). It is your responsibility to communicate (or oversee the communication of) the appropriate code to the parents of each relevant child, so as to make sure that only the parents of a given child may have access to information relating to that child.
- Via the website or the app, you may input and share information relating to the children that you have registered. It is your responsibility to make sure that the information that you share is appropriate and relevant to the child concerned and that you have the necessary authority to share that information via the website and the app. This applies both to information provided in the form of text and to pictures and videos featuring children and that may be uploaded by you via the website or the app.
- You should not allow children in your class to use the website or the app themselves to input or share information. See the obligations, below, applying to your use of your username and log-in ID and the need to keep these details confidential.
- In order for parents to use the app to view information relating to their child, a subscription may be payable. If this is the case, the subscription can be paid by the parent, or the relevant school can pay a subscription in order to allow the parents of the children at the school free access to the app. If the school does not renew a subscription that it has paid to enable free use of the app by parents then, from the end of that subscription, the parents may be required to pay a subscription themselves in order to continue to use the app and, in that case, if they choose not to do so, they will no longer be able to continue to use the app.
- If your school enters an agreement with us to use the website and app at the school, as part of that agreement the school may be given the facility to generate reports on the use of the website and the app by teachers at the school.
- You may recommend the website and the app to other teachers via the facility provided for this purpose as part of the website and the app.
- You may provide feedback and ideas in relation to the use of the website and the app via the facility provided for this purpose as part of the website and the app.
- The uploading or sharing by you of any information via the website or the app is subject to the general terms as to user content, below.
Registration and use by parents
If you are a parent registering to use, or using, the website or the app:
- IN ORDER FOR YOU TO USE THE APP TO VIEW INFORMATION RELATING TO YOUR CHILD, A SUBSCRIPTION MAY BE PAYABLE. IF THAT IS THE CASE, IT IS IMPORTANT TO NOTE THAT, IF YOU REGISTER AND AGREE TO PAY THE SUBSCRIPTION, WE WILL NOT CHARGE YOU FOR 30 DAYS. DURING THAT 30 DAYS, YOU WILL HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL YOUR SUBSCRIPTION WITHOUT CHARGE (SEE THE SECTION ON SUBSCRIPTIONS, BELOW). IF YOU HAVE NOT CANCELLED BY THE END OF THE 30 DAY PERIOD, YOU WILL AFTER THAT POINT LOSE YOUR RIGHT TO CANCEL AND WE WILL CHARGE YOU FOR THE RELEVANT SUBSCRIPTION. YOU ACKNOWLEDGE AND AGREE THAT THIS WILL BE THE CASE AND THAT WE WILL START TO PROVIDE YOU WITH THE MARVELLOUSME SERVICE VIA THE APP AS SOON AS YOU REGISTER.
- If a subscription applies, you will be notified prior to agreeing to pay the subscription of:
- a summary of the service you are subscribing for;
- the total price of the subscription and any additional charges (inclusive of any VAT or other taxes);
- the period that the subscription is for and the total cost per subscription period; and
- the minimum duration of your subscription and how to terminate the subscription.
- Any applicable subscription can be paid by you, or your child’s school can pay a subscription in order to allow the parents of the children at the school free access to the app. If a subscription applies to your use of the app, your child’s teacher will inform you if the school has paid a subscription to allow you to use the app. If that is the case, use by you of the app during the period for which the school has paid the subscription will be free of charge to you. If the school does not renew a subscription that it has paid to enable use of the app by you then, from the end of that subscription, you may be required to pay a subscription yourself in order to continue to use the app and, in that case, if you choose not to do so, you will no longer be able to continue to use the app. We will notify you if it becomes necessary for you to pay a subscription to continue to use the app, and you will have a choice at that point of whether to pay the subscription or not. We will not charge you a subscription unless you agree to pay it but, as set out above, failure to pay a subscription where it has not been paid by the school may mean that you cannot continue to use the app.
- If a subscription is payable for use of the app, you may nevertheless be provided with an initial free period of use in order to for you to try the app before your subscription takes effect (although we do not have to do this). If you are provided with such a free period, your subscription payment will be taken automatically when the free period comes to an end, although we shall send you an email prior to that point to remind you that this will happen. You will have an opportunity at that point to cancel your subscription before the payment is taken.
- If a subscription applies and once you have chosen to pay a subscription, it is important to note that, at the end of the relevant subscription period, your subscription may automatically renew for an equivalent period (and may continue to do so), unless you alter your subscription renewal settings in accordance with the instructions to be found on the website, the relevant third party application store or the app. If you chose to pay a subscription and, during the subscription period, your child’s school takes out a subscription so as to allow free access to the app by parents, any subscription already paid by you will not be refundable but, in that case, as long as the school’s subscription is still in force at the point at which your subscription would have renewed (and any further charge made), your subscription will renew without charge at that point. You may then only have to pay a further subscription if and when the school allows its subscription to come to an end, in which case the terms set out above will apply.
- In order to register and use the website or the app, you will need a code that will be provided by the teacher of your child. This code is generated by the website when your child is registered by their teacher, and is unique to that child. It is this code which ensures that the information that you may obtain access to via the website or the app is information relating to the relevant child.
- You should only use the code provided to you yourself, and you should be aware that use of the code allows access to information relating to your child.
- Under certain circumstances, the website or the app allows you to generate additional codes which also allow access to the information relating to your child, which allows you to share that information with other people chosen by you (for example, other relations of the child, such as their grandparents). This facility may be subject to the payment of an additional subscription, which will give you the facility to generate an agreed number of additional codes (usually no more than 6) in return for the additional subscription concerned. It is your responsibility to ensure that:
- these codes are only distributed to appropriate people, and you acknowledge and understand that, having shared a code in this way, you will be enabling the person to whom you provide the code to have access to information relating to your child; and
- any person to whom you provide a code uses the website and the app in an appropriate manner and behaves in an appropriate manner in relation to the information to which they obtain access as a result.
- You may have any code generated and provided to another person by you disabled (thereby preventing access to any information via the website or app by any person using that code) by contacting us (see the Contacting Us section, below). No subscription will be refunded in relation to an additional code in respect of which you ask us to disable access using that code.
- Teachers may be given the facility to generate reports on the use of the website and the app by parents of children at the school. Similarly, if your child’s school enters an agreement with us to use the website and app at the school, as part of that agreement the school may also be given the facility to generate reports on the use of the website and the app by parents of children at the school.
- The app provides you with the facility to “high five” teachers, but will not otherwise allow you to contact teachers. If you wish to do so, then you should do so via any method approved and provided by the relevant school.
- The app provides you with the ability to share content relating to your child via social media. You should only do this in appropriate circumstances, and you are responsible for making sure that any such sharing is appropriate and that you have the authority to do it.
- You may recommend the website and the app to other people via the facility provided for this purpose as part of the website and the app.
- You may provide feedback and ideas in relation to the use of the website and the app via the facility provided for this purpose as part of the website and the app.
- The uploading or sharing by you of any information via the website or the app is subject to the general terms as to user content, below.
Use of the website and app by children
We do not allow children to register to use the website or the app, or to use the website or app directly, except to the extent that they are allowed by their teacher or parent to view information made available via the website and the app.
Suspending use of the website or app or blocking access to content
We wish to do all we reasonably can to ensure that the website and the app are used in an appropriate manner and without adversely affecting any children information relating to whom is shared via the website or the app.
We may, at any time, and without giving a reason:
- suspend or terminate the access of any person to the website or the app;
- suspend the operation of all or part of the website or the app;
- remove, or block access to, any information accessible via the website or the app;
- take any other appropriate action in relation to website, the app or anyone using them;
if, in our opinion, any such action is necessary to ensure the security or integrity of the website or the app, is necessary to protect the interests of any user or of any person whose information is shared via the website or the app or is otherwise reasonably fair and appropriate in the circumstances. To the extent that we are reasonably able to do so and that it is appropriate in the circumstances, we will notify you of any such action likely to affect you, but we shall not be obliged to do so.
We may, at any time, and without giving notice, suspend or terminate the use of, or access to, the website or app of any person, if that person breaches any of these terms (including any terms set out in the privacy and cookies policy).
Use of the website and the app
The website and the app may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant browser and operating system for which the website or app concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to use the website or download and use the app.
The relevant app (or upgrade) will be made available immediately and, therefore (subject to any cancellation right that the terms of service of the relevant third party application store may allow you), you will have no right to change your mind and cancel once the download has started.
If you register with us, you must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the website or the app, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this agreement or if any details you provide for the purposes of registering as a user are, or appear to be, false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the website or the app, or that the website or the app will respond at a certain speed (since this depends on a number of factors outside our control).
The use of the app may involve a subscription. This is explained above, in the sections relating to Registration and use by teachers and Registration and use by parents.
IF A SUBSCRIPTION APPLIES, IT IS IMPORTANT TO NOTE THAT, IF YOU REGISTER AND AGREE TO PAY THE SUBSCRIPTION, WE WILL NOT CHARGE YOU FOR 30 DAYS. DURING THAT 30 DAYS, YOU WILL HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL YOUR SUBSCRIPTION WITHOUT CHARGE (SEE THE SECTION ON SUBSCRIPTIONS, BELOW). IF YOU HAVE NOT CANCELLED BY THE END OF THE 30 DAY PERIOD, YOU WILL AFTER THAT POINT LOSE YOUR RIGHT TO CANCEL AND WE WILL CHARGE YOU FOR THE RELEVANT SUBSCRIPTION. YOU ACKNOWLEDGE AND AGREE THAT THIS WILL BE THE CASE AND THAT WE WILL START TO PROVIDE YOU WITH THE MARVELLOUSME SERVICE VIA THE APP AS SOON AS YOU REGISTER.
All subscriptions once charged are non-refundable.
To cancel a subscription during the 30-day cancellation period referred to above, all you need to do is to contact us via email (see contact us below) and tell us that you wish to cancel.
Performance of the website and the app
We warrant that the app will function in all material respects with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill.
What you are allowed to do
You may only use the website and the app for non-commercial, personal use and only in accordance with this agreement (and in accordance with the applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, that app) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from the website and the app on a computer or mobile device and store that app in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the app and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in this agreement, you are not allowed to:
republish, redistribute or re-transmit the app ;
copy or store the app other than for your own non-commercial, personal use and as may occur incidentally in the normal course of use of your browser or mobile device;
store the app on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the app ;
remove or change any content of the app or attempt to circumvent security or interfere with the proper working of the app or any servers on which it is hosted;
create links to the website from any other website, without our prior written consent, although you may link to the website from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
use the website or the app in a way that might damage our name or reputation or that of any of our affiliates; or
otherwise do anything that it is not expressly permitted by this agreement.
To do anything with the app that is not expressly permitted by this agreement, you will need a separate licence from us. Please contact us, using the contacting us details at the end of this agreement.
Third party platform providers and application stores
Certain third party platform providers with whose devices and/or operating systems our app have been designed to be compatible oblige us to include certain additional provisions in this agreement. These are set out at the end of this agreement under Additional Third Party Terms.
Intellectual property rights
All intellectual property rights in the website and the app and in any content of the app (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in this agreement gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by using the website or by downloading or using the app.
The app may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor. Please note that, to the extent that the app contains any open source software, that element only is licensed to you under the relevant licence terms of the applicable third party licensorand not under this agreement, and you accept and agree to be bound by such terms. A copy of the source code for any open source software contained in the app and the relevant open source licence terms will be made available to you upon request.
Functionality and content
We reserve the right to change the design, features and/or functionality of the website or the app by (in the case of the app) making the updated app available for you to download or, where you device settings permit it, by automatic delivery of updates. You are not obliged to download any updated app, but we may cease to provide and/or update content to prior versions of app and, depending on the nature of the update, in some circumstances you may not be able to continue using an app until you have downloaded the updated version.
Where the website an app makes content available, such content may be updated at any time. We reserve the right to remove, block access to, cease to provide and/or update content to the website or the app, with or without notice to you, if we need to do so for security, legal or on any other reasonable ground.
Except as expressly set out in this agreement, we make or give no representation and do not enter into any condition, warranty or other term as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the website or the app and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the website or the app.
We cannot and do not guarantee that the website or the app or any relevant content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the website or the app and its content.
Use of any personal information submitted to us (whether via the app or the website) is governed by our privacy and cookies policy which is treated as forming part of these terms. You are required to comply with the terms of the privacy and cookies policy.
The website and app allow the addition of user-generated content and communications (collectively user content). We do not control user content, nor is user content actively moderated. You are solely responsible for the content of any user content submitted by you.
If you provide any user content, you must:
keep all user content relevant to the purpose of the topic concerned;
not submit any user content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
not submit any user content that contains any viruses and/or other code that has contaminating or destructive elements;
not submit any user content containing any form of advertising; and
not impersonate, or misrepresent an affiliation with, any person or entity.
You agree that, by submitting any user content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such user content.
Whilst we do not pre-screen user content, we reserve the right, in our sole discretion, to delete, edit or modify any user content, at any time without notice.
Complaints about the content of any user content must be sent to email@example.com and must contain details of the specific user content giving rise to the complaint.
The website and app may, from time to time, include links to external sites. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.
Nothing in this agreement shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation; or
for any other liability that may not, under English law, be limited or excluded.
Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses , and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the following:
the total fees paid by you for the relevant paid-for app(s) (plus any “in-app” purchases) in respect of which the liability arises; or
if the relevant app(s) was/were made available free of charge, the sum of £1,000.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under this agreement.
All notices given by you to us must be given in writing to the address set out at the end of this agreement.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of this agreement is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this agreement may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or the app will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Please submit any questions you have about this agreement or any problems concerning the website or the app by email to firstname.lastname@example.org or via the Get In Touch page on our website or by telephone on +44 (0) 1903 879864 between the hours of 9am to 5pm, Monday to Friday or write to us at:
MarvellousMe Limited, Mousetows, Mouse Lane, Steyning, West Sussex, BN44 3LP, UK.
Additional terms from third party platform providers
If the app that you download, access and/or use runs on Apple’s iOS operating system:
that app may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
you acknowledge and agree that:
- Apple has no obligation at all to provide any support or maintenance services in relation to that app. If you have any maintenance or support questions in relation to that app, please contact us, not Apple, using the Contacting us details in these terms;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of that app are between you and us (and not between you, or anyone else, and Apple);
- in the event of any claim by a third party that your possession or use (in accordance with these terms) of that app infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
- although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
you represent and warrant that:
- you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
- you are not listed on any United States Government list of prohibited or restricted parties; and
if that app does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of that app (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that app and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to that app or as a result of you or anyone else using that app or relying on any of its content.
Research in Motion (Blackberry)
If you download the app from a digital store front owned by Research in Motion (RIM) or any of its affiliates (such as BlackBerry App World) or purchased using RIM’s transaction and payment processing service for “in-app” products, you acknowledge and agree that:
any claims relating to that app are between you and us, and not between you (or anyone else) and RIM, any of its affiliated entities, telecommunications carriers or merchants of record (collectively, RIM Parties) and that no RIM Party shall have any liability to you whatsoever;
RIM Parties may make it a condition of their agreements with you that an app made available through any of RIM’s digital store fronts or purchased using the RIM’s transaction and payment processing service for “in-app” products may be downloaded, installed and used only on a Research in Motion proprietary software platform operating on a device;
you may reinstall copies of an app on to devices from the My Items repository in accordance with the then-current rules, features and functionality of the My Items repository; and
although this Agreement is entered into between you and us (and not any RIM Party), each RIM Party, as third party beneficiaries under this Agreement, will have the right to enforce the foregoing exclusion of liability.
If the app that you download, access and/or use runs on a mobile phone, tablet or games console using Microsoft’s Windows operating system, you acknowledge and agree that:
Microsoft and your device manufacturer have no obligation to provide any support services in relation to that app ;
Microsoft, its wireless carriers over whose network that app is provided and each of its and their respective affiliates and suppliers (collectively, Covered Parties) give no express warranties, guarantees or conditions under or in relation to that app and, to the extent permitted under your local laws, they exclude any implied warranties or conditions, including those of merchant-ability, fitness for a particular purpose and non-infringement; and
you will not seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from any Covered Party. This limitation applies to:
- anything related to that app , services made available through that app , or content (including code) on third party internet sites; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if:
- repair, replacement or a refund for the app does not fully compensate you for any losses; or
- any Covered Party knew or should have known about the possibility of the damages.