Inkpath platform terms of use

 

BY CLICKING ON THE "ACCEPT", “JOIN NOW”, “SIGN UP” OR SIMILAR BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.  IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
IF YOUR ORGANISATION HAS GIVEN YOU ADMINISTRATIVE ACCESS AND RIGHTS TO THE INKPATH PLATFORM THESE TERMS OF USE DO NOT APPLY TO YOU, BUT YOUR USE OF THE INKPATH PLATFORM WILL BE GOVERNED BY THE AGREEMENT INKPATH HAS IN PLACE WITH YOUR ORGANISATION. 


1.    WHO WE ARE

1.1    We are Inkpath Limited, a company registered in England and Wales under company number 10530056, whose registered office is at 30 Upper High St, Thame OX9 3EZ ("Inkpath" / "we" / "our" / "us").

1.2    These terms of use (together with our privacy and cookie policies which you can find here) set out the legal basis on which you can use the Inkpath mobile application (the “Inkpath App”), certain parts of www.inkpath.co.uk, and any updates or supplements to them (together the “Inkpath Platform”). 

1.3    You may wish to print a copy of these terms of use for future reference.  

2.    ELIGIBILITY AND TOOL FOR LIFE 

2.1    You will only be eligible to join the Inkpath Platform if:

  • you are 16 years or older. If you are under the age of 18, you must obtain your parent’s or guardian’s consent to join the Inkpath Platform; and
  • you are a student at a participating university or higher education provider, a list of which can be found in the drop down menu when you first register to join the Inkpath Platform; or
  • you are a pupil at a participating school, a list of which can be found in the drop down menu when you first register to join the Inkpath Platform; or 
  • an employee of a participating organisation, a list of which can be found in the drop down menu when you first register to join the Inkpath Platform, each an “Organisation”.  

2.2    The Inkpath Platform is intended to be a tool for life, which means you will be able to continue using the Inkpath Platform even after you have left the participating Organisation. 

2.3    As mentioned above, if you have been given administrative access and rights to the Inkpath Platform these terms of use do not apply to your use of the Inkpath Platform in this capacity, however, if you also use the Inkpath Platform to plan and track your own career development then in respect of this use these terms of use will apply to you. 

3.    YOUR PRIVACY

3.1    We only use personal data that you provide to us or that we collect through your use of the Inkpath Platform in the ways set out in our privacy and cookies policies, which you can find here

3.2    As the Inkpath Platform is a tool for life we will retain your personal data for as long as you continue using the Inkpath Platform.  Further information about data retention, can be found here

3.3    Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Inkpath Platform may be read or intercepted by others, even if the transmission is encrypted.

4.    OPERATING SYSTEM REQUIREMENTS FOR USE OF THE INKPATH APP

4.1    If you wish to access the Inkpath Platform via the Inkpath App, you will need an Apple or Google Android smartphone or tablet computing device with a minimum of 1GB of RAM or 100MB storage using Apple iOS 9.0 or later or Google Android 4.4 or later (as applicable).  

4.2    If you do not meet these requirements, you can still access the Inkpath Platform via your web browser provided you have an up-to-date internet browser such as Mozilla Firefox, Microsoft Windows Explorer/Edge or Google Chrome. 

5.    SUPPORT FOR THE INKPATH PLATFORM AND HOW TO TELL US ABOUT PROBLEMS

5.1    Support. If you want to learn more about the Inkpath Platform or you have any problems using it, please take a look at our support resources, which you can find here.

5.2    Contacting us (including to complain). If you think any part of the Inkpath Platform is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at admin@inkpath.co.uk.

5.3    How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us.

6.    HOW YOU MAY USE THE INKPATH PLATFORM

6.1    In return for your agreeing to comply with these terms of use you may:

  • download the Inkpath App to your mobile phones and / or other handheld devices and view, use and display the Inkpath Platform on such devices for your personal purposes only; 
  • view, use and display the Inkpath Platform via your web browser for your personal purposes only; 
  • provided you comply with the licence restrictions, make as many back-up copies of the Inkpath App or Inkpath Platform as necessary for your personal purposes only; and
  • receive and use any free supplementary software code or update of the Inkpath App incorporating any patches or corrections of errors that we may provide to you.

6.2    If you buy any in-app purchases, you acknowledge that you will do so on the relevant app store provider’s terms and conditions of purchase and that you will pay for such in-app purchases in accordance with the app store provider’s terms and conditions.  You agree that these terms of use shall apply to your use of the in-app purchases. 

7.    YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

7.1    In order to sign up to the Inkpath Platform you will be required to choose, or be provided with, a user name and password as part of our security procedures.  You must treat such information as confidential and you must not disclose them to any other person.

7.2    We have the right to disable your user name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.  

7.3    If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at admin@inkpath.co.uk

8.    CHANGES TO THESE TERMS OF USE

8.1    We may need to change these terms of use to reflect changes in law or best practice or to deal with additional features which we introduce. 

8.2    We will give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next use the Inkpath Platform.

8.3    If you do not accept the notified changes you will not be permitted to continue to use the Inkpath Platform.

9.    UPDATES TO THE INKPATH APP AND CHANGES TO THE INKPATH PLATFORM

9.1    From time to time we may automatically update the Inkpath App and change the Inkpath Platform to improve performance, enhance functionality, reflect changes to the operating system or address security issues. 

9.2    If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Inkpath App and the Inkpath Platform.

10.    WE MAY SUSPEND OR WITHDRAW THE INKPATH PLATFORM 

10.1    The Inkpath Platform is made available to you free of charge. 

10.2    We do not guarantee that the Inkpath Platform, or any content on it, will always be available, uninterrupted or error free.  We may suspend or withdraw or restrict the availability of all or any part of the Inkpath Platform for business or operational reasons.  We will try and give you reasonable notice of any suspension or withdrawal. 

11.    IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

11.1    If you download the Inkpath App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms of use, whether or not you own the phone or other device.

12.    WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES WE LINK TO

12.1    The Inkpath Platform may contain links to other independent websites, for example, participating Organisation websites, which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked or approved their content or their privacy policies (if any).

12.2    You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

13.    LICENCE RESTRICTIONS

13.1    You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available or transfer the Inkpath Platform in any form, in whole or in part to any person without our prior written consent. If you sell any device on which the Inkpath App is installed you must first remove the Inkpath App from it; 
  • not copy the Inkpath Platform, except as part of the normal use of the Inkpath App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify the whole or any part of the Inkpath Platform or the Inkpath App, nor permit the Inkpath Platform or the Inkpath App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Inkpath Platform on devices as permitted in these terms of use;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Inkpath App or the Inkpath Platform nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Inkpath App or the Inkpath Platform to obtain the information necessary to create an independent program that can be operated with the Inkpath App or the Inkpath Platform or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without Inkpath’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the Inkpath App and Inkpath Platform;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Inkpath App or the Inkpath Platform.

13.2    The Inkpath Platform is intended for people residing in the United Kingdom, EU, Canada, China, Australia and USA.  We do not represent that content available on or through the Inkpath Platform is appropriate for use, or available, in other locations. 

14.    ACCEPTABLE USE RESTRICTIONS

14.1    You may use the Inkpath Platform only for lawful purposes. You must not: 

  • use the Inkpath Platform in any way that breaches any applicable local, national or international law or regulation; 
  • use the Inkpath Platform or any part of it in any unlawful manner or purpose, or in any manner inconsistent with these terms of use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, Trojan horses, worms, time-bombs, spyware or harmful data, into the Inkpath Platform or any operating system;
  • use the Inkpath Platform for the purpose of harming or attempting to harm minors in any way; 
  • infringe our intellectual property rights or those of any third party in relation to your use of the Inkpath Platform, including by the submission of any feedback (to the extent that such use is not licensed by these terms);
  • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Inkpath Platform;
  • use the Inkpath Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • access without authority, interfere with, damage or disrupt any part of the Inkpath Platform, any equipment or network on which the Inkpath Platform is stored, any software used in the provision of the Inkpath Platform, and any equipment or network or software owned or used by any third party; 
  • collect or harvest any information or data from the Inkpath Platform or our systems or attempt to decipher any transmissions to or from the servers running the Inkpath Platform; 
  • send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out below and these terms of use; and 
  • transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example, spam).

15.    USER GENERATED CONTENT IS NOT APPROVED BY US 

15.1    The Inkpath Platform may include information and materials uploaded by other users of the Inkpath Platform (for example, feedback on courses they have attended).  This information and these materials have not been verified or approved by us.  The views expressed by other users of the Inkpath Platform do not represent our views or values. 

15.2    If you wish to complain about information or materials uploaded by other users, please notify us at admin@inkpath.co.uk

16.    UPLOADING CONTENT TO THE INKPATH PLATFORM 

16.1    Whenever you make use of a feature that allows you to upload content to the Inkpath Platform, or to make contact with other users of the Inkpath Platform (for example, your supervisors, mentors or lecturers), you must comply with the content standards set out below.
 
16.2    You agree that any such contribution will comply with those standards and you will be responsible for any loss or damage we suffer if it does not. 

16.3    Any content you upload to the Inkpath Platform will be considered non-confidential and non-proprietary. However, certain content will be “private”, for example your personal details, and would only be shared with the persons set out in our privacy and cookies policies, which you can find here, “anonymised”, for example, your feedback on courses you have attended, or “public”, for example, content you choose to share with other users.   You retain all of your ownership rights in your content, but you are required to grant us and other users of the Inkpath Platform a perpetual, world-wide, non-exclusive, royalty-free, transferable, licence to use, store and copy that content and to distribute and make it available to third parties. 

16.4    We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Inkpath Platform constitutes a violation of their intellectual property rights or of their right to privacy.

16.5    We have the right to remove any content you upload to the Inkpath Platform if in our opinion your post does not comply with the content standards set out above. 

16.6    You are solely responsible for securing and backing up your content.

17.    CONTENT STANDARDS 

17.1    These content standards apply to any and all content which you upload or contribute to the Inkpath Platform. These standards must be complied with in spirit as well as to the letter.  The standards apply to each part of the content uploaded or contributed, as well as to its whole. 

17.2    We will determine, in our discretion, whether any content uploaded or contributed by you breaches these standards. 

17.3    Content uploaded or contributed by you must: 

  • Be accurate (where it states facts). 
  • Be genuinely held (where it states opinions). 
  • Comply with the law applicable in England and Wales and in any country from which it is posted. 

17.4    Content uploaded or contributed by you must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the content uploaded or contributed by you emanates from us.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement of the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

18.    INTELLECTUAL PROPERTY RIGHTS

18.1    All intellectual property rights in the Inkpath Platform and the Inkpath App throughout the world belong to us (or our licensors) and the rights in the Inkpath Platform and the Inkpath App are licensed (not sold) to you. You have no intellectual property rights in, or to, the Inkpath Platform and the Inkpath App other than the right to use them in accordance with these terms of use.

18.2    You may print off, and download, extracts of the Inkpath Platform for your personal use only.  

18.3    You must not use any part of the Inkpath Platform for commercial purposes without obtaining a licence to do so from us or our licensors. 

18.4    If you print off, copy or download any part of the Inkpath Platform in breach of these terms of use, your right to use the Inkpath Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

19.    OUR RESPONSIBILITY 

19.1    We are not responsible for viruses and you must not introduce them.  We do not guarantee that the Inkpath Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Inkpath Platform. You should use your own virus protection software.

19.2    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

19.3    When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by your failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

19.4    We are not liable for business losses. The Inkpath Platform is for domestic and private use. If you use the Inkpath Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19.5    Limitations to the Inkpath Platform. Although we make reasonable efforts to update the information provided by the Inkpath Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

19.6    Please back up content and data used with the Inkpath Platform. We recommend that you back up any content and data used in connection with the Inkpath Platform, to protect yourself in case of problems with the Inkpath Platform.

19.7    Check that the Inkpath Platform and Inkpath App are suitable for you. The Inkpath Platform and the Inkpath App have not been developed to meet your individual requirements. Please check that the facilities and functions of the Inkpath Platform and the Inkpath App (as described on the appstore site) meet your requirements. 

19.8    We are not responsible for events outside our control. If our provision of the Inkpath Platform or support for the Inkpath Platform or the Inkpath App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. 

20.    WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREACH THESE TERMS

20.1    We may end your rights to use the Inkpath Platform and / or the Inkpath App at any time by contacting you if you have breached these terms of use in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

20.2    If we end your rights to use the Inkpath Platform and / or the Inkpath App:

  • You must stop all activities authorised by these terms of use, including your use of the Inkpath Platform and / or the Inkpath App.
  • You must delete or remove the Inkpath App from all devices in your possession and immediately destroy all copies of the Inkpath App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the Inkpath App from them and cease providing you with access to the Inkpath Platform.

21.    OTHER IMPORTANT TERMS 

21.1    We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms of use. 

21.2    You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

21.3    Nobody else has any rights and obligations under these terms of use. These terms of use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these terms of use. 

21.4    If a court finds part of these terms of use illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

21.5    Even if we delay in enforcing any provision of these terms of use, we can still enforce it later. Even if we delay in enforcing any provision of these terms of use, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching these terms of use, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

21.6    Which laws apply to these terms and where you may bring legal proceedings. These terms of use are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.