| 1 | Information about us and these terms and conditions |
| 1.1 | We are Locrating Limited, a limited company registered in England and Wales under company number 07236786 and have our registered office at Ground Floor, Unit B Lostock Office Park, Lynstock Way, Lostock, Bolton, BL6 4SG. |
| 1.2 | When you submit your Locrating membership application through our website sign-up form (Membership Form), that Membership Form will be subject to these terms and conditions (T&Cs). The Membership Form, together with these terms and conditions and our general Website Terms of Use form the Agreement between us and you. Please read them carefully before you sign-up and start to use your Locrating membership as these will apply to your use of it. |
| 1.3 | When we refer to “you” or “your” in these T&Cs, we mean the individual named on the Membership Form. |
| 1.4 | You can contact our customer service team at [email protected]. |
| 1.5 | You must be at least 18 years of age to become a member. |
| 2 | Membership Form |
| 2.1 | The Membership Form is an offer by you to become a member of our Locrating membership subject to these T&Cs. Your Membership Form is only accepted when we process your payment via our third party payment service provider and confirm acceptance in writing by email to you, at which point your membership (Membership) will begin. We reserve the right to refuse to accept any membership application for any reason. |
| 2.2 | You must ensure that the information you provide to us (including the details on the Membership Form) is correct (and inform us if any information changes) and co-operate with us in all matters relating to your Membership. |
| 2.3 | Your Membership is personal to you and you may not transfer your rights or obligations under the Agreement to any other person without our prior written agreement. |
| 3 | Membership and Membership Benefits |
| 3.1 | During, and as part of, your Membership, you will have access to certain content and benefits (Membership Benefits). Membership removes the lock icons in the popup tabs, revealing the data beneath. It also enables any disabled items. |
| 3.2 | You acknowledge that: |
| 3.2.1 | Membership does not add additional tabs or information that is not already shown on our website and that not all data is available for all schools. |
| 3.2.2 | Data for schools in Wales, Scotland and Northern Ireland is limited and is therefore provided free of charge, with no membership required. The same applies to nurseries. You confirm that you are not purchasing Membership solely to view nurseries or schools in Wales, Scotland and/or Northern Ireland. |
| 3.3 | To access and take advantage of any Membership Benefits available through the members area on our website you will need to register for an account through our website. As part of that process you will be required to create a username and a password. You must treat such information as confidential and you must not disclose it to any third party. |
| 3.4 | We reserve the right to suspend or terminate your account at any time if we reasonably suspect you are in breach of any applicable terms of access or this Agreement. |
| 3.5 | If you know or suspect that anyone other than you knows your username or password you should promptly notify us at [email protected]. |
| 3.6 | We continually review and update our Membership Benefits, and reserve the right to amend, remove or replace any Membership Benefits as we see fit. |
| 3.7 | We make no guarantee that access to our website or the members area will be uninterrupted or error free. |
| 3.8 | We may provide information on, referrals to, or discounts or recommendations for, products or services provided by third parties, such as education consultations. We have no control over those third parties, or their products or services, and we are not responsible for those third parties or their products or services. You use the products or services of such third parties at your own risk and any contract will be with them, and we are not responsible for your relationship with them. |
| Fair Use Policy |
| 3.9 | Membership is suitable for researching a very large number of areas and schools.
In our experience, excessive usage is an indicator of account sharing, data scraping or research being carried out for multiple third parties; all of which are a breach of these terms.
Where account usage is significantly higher than typical use, and we suspect a breach of our terms, we may suspend or terminate your account. You shall not be entitled to any refund of money paid.
|
| 4 | Disclaimer |
| 4.1 | Any content provided, whether as part of our Membership Benefits or otherwise, is for general information and guidance only. Although we make reasonable efforts to update content, we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for your use of it. Before acting on such content, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. |
| 4.2 | We make no representations, warranties or guarantees, whether express or implied, that the content provided is accurate, complete or up to date. |
| 5 | Duration, fees and payment |
| Fixed Duration Membership |
| 5.1 | Where you elect on the Membership Form for a fixed duration membership, your Membership runs for the duration specified in the Membership Form (Membership Term), e.g. 1 month and this Agreement shall automatically expire at the end of the Membership Term. |
| 5.2 | Your Membership fee is set out on the Membership Form, and is payable in full in advance. |
| Monthly Recurring Membership |
| 5.3 | Where you elect on the Membership Form for a monthly recurring membership , your Membership shall run on a monthly basis. Each month’s membership is payable in advance of each month. If no payment is received, this Agreement shall automatically expire at the end of the month to which payment was last received by us in advance of. |
| 5.4 | Your Monthly Recurring Membership fee is set out on the Membership Form. |
| 5.5 | You can change your card details at any time via your dashboard. |
| General |
| 5.6 | We only accept payment by credit card. Payment is managed via our third party payment provider. |
| 6 | Your right to cancel the Agreement because you have changed your mind/td> |
| 6.1 | Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regulations) you may cancel the Agreement within a period of 14 calendar days (Cancellation Period) from the date we have confirmed acceptance of your Membership. |
| 6.2 | You must inform us of your decision to cancel by using one of the following methods within the Cancellation Period by: |
| 6.2.1 | cancelling via your dashboard in our members area; or |
| 6.2.2 | written notice to us by email to: [email protected]. |
| 6.3 | On valid cancellation in accordance with this clause 6, you will be entitled to a full refund of any monies paid by you for the Membership. |
| 6.4 | Refunds will be made using the same method of payment as you used for the purchase (including to the same originating bank account) and will be paid within 14 calendar days of you informing us of the cancellation. |
| 6.5 | Your right to cancel under this clause 6 and obtain any refund will be lost if you use your Membership during the Cancellation Period and any of the Membership Benefits have been provided to you. |
| 6.6 | For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens Advice Bureau or visit the Competition and Markets Authority website. |
| 7 | Your right to end a Recurring Monthly Membership |
| 7.1 | Outside of the Cancellation Period described in clause 6.1, you can cancel a Recurring Monthly Membership at any time via your dashboard. Where you do so, your Membership shall end at the end of that month. |
| 8 | Our right to end the Agreement |
| 8.1 | We may terminate this Agreement if: |
| 8.1.1 | you do not make any payment to us when it is due; or |
| 8.1.2 | you break any other important term of our Agreement. |
| 8.1 | Where we terminate this Agreement for the reasons set out in clause 8.1 the Agreement shall end immediately. You shall not be entitled to any refund of money paid. |
| 9 | Consequences of ending the Agreement |
| 9.1 | Where the Agreement ends, for any reason, your Membership (as well any rights to use or enjoy any Membership Benefits, including access to the members area of our website) will automatically terminate, our and your liabilities as at termination shall be unaffected, and clauses which expressly or by implication survive termination shall continue in full force and effect. |
| 10 | Data protection |
| 10.1 | Details of how we protect and use personal data are set out in our Privacy Policy. |
| 11 | Intellectual property rights and how you may use material on the Website |
| 11.1 | We (and/or our licensors) own all copyright, trade marks, designs rights and other intellectual property rights in the Website, and in the material/content published on it. All such rights are reserved and nothing in these terms shall transfer any such rights to you. |
| 11.2 | You are permitted to retrieve and display/listen to content from our Website and to print off one copy or to download one digital copy or extract of any page(s) from our Website for your personal, non-commercial use. |
| 11.3 | Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. |
| 11.4 | You must not republish or otherwise reuse any content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. |
| 11.5 | You are not permitted to download nor reuse any images, video or audio files from our Website independently from their original context. |
| 11.6 | You must not modify any copies you have made of content you have printed or downloaded from our Website in any way. |
| 11.7 | If you print off, copy or download any part of our site in breach of this clause 11, your Membership will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. |
| 12 | No text or data mining, or web scraping |
| 12.1 | You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising or attempting the use of): |
| 12.1.1 | Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same. |
| 12.1.2 | Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. |
| 12.2 | The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). |
| 12.3 | This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us. |
| 12.4 | If you are in breach of this clause 12, your Membership and right to use the Website will cease immediately. |
| 13 | Limitation of our liability |
| 13.1 | Nothing in these T&Cs excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. |
| 13.2 | To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to your Membership, whether express or implied. |
| 13.3 | Membership is for your own personal use and is not to be used by you for any commercial or business related purposes. If it is we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. |
| 14 | Changes to these T&Cs |
| 14.1 | We recommend that you print a copy of these T&Cs for future reference. |
| 14.2 | You must confirm you have read and agreed with our latest T&Cs before each payment. |
| 14.3 | We may amend these T&Cs from time to time. Every time you wish to use the Website, please check these T&Cs to ensure you understand the T&Cs that apply at that time. |
| 14.4 | Where it is necessary to change these T&Cs, if such change materially alters your position as a consumer, we shall give you the option to cancel your Membership and receive a refund of any monies paid by you which relates to the period of the Membership Term after the date of termination. |
| 15 | Governing Law |
| 15.1 | These T&Cs are governed by English law and you can bring legal proceedings in respect of your Agreement with us in the English courts. |
