Terms and Condtions
Tout le monde Online Terms and Conditions
1. Definitions
In these terms and conditions:
‘Activation Email’ means the email sent to you by Pearson setting out the full title of the product, a link to this Agreement, the Licence Period start date and the user name and password required to activate the Service;
‘Administrator’ means the member or members of a Licensed Establishment responsible for the management of the Service within the Licensed Establishment;
‘Agreement’ means the Activation Email and these terms and conditions as varied from time to time;
‘Associates’ means Pearson’s parents, subsidiaries, affiliates, , agents, distributors, third party content providers or licensors, and its and their respective directors, officers, employees and agents;
‘Content’ means the material, information and facilities available through the Service from time to time;
‘Data Protection Legislation’ means the Data Protection Act 1998 and all subsequent legislation and regulations relating to the use and processing of data relating to living individuals;
‘Effective Date’ means the date on which the Activation Email is issued and the Service is first made available to you;
‘Free Trial’ means a period of thirty (30) days during which Pearson may make the Service available to the Licensee for evaluation purposes subject to the terms and conditions of this Agreement;
‘Licence Fee’ means the one-off fee payable in consideration of the rights granted under this Agreement.
‘Licence Period’ means the period commencing upon the Effective Date until the date that Pearson terminates provision of the Service;
‘Licensed Establishment’ means a school or other educational establishment subject the Activation Email;
‘Licensee’, ‘you’ and ‘your’ means an individual or Licensed Establishment subscribing to the Service as named in the Activation Email;
‘Pearson’, ‘we’ and ‘us’ means Pearson Education Ltd, Edinburgh Gate, Harlow, Essex, CM20 2JE – Registered company number: 00872828;
‘Pearson Software’ means the computer code and the search and retrieval engine contained in the Service;
‘Permitted Users’ means the students and staff of a Licensed Establishment permitted to use the Service under this Agreement;
‘Service’ means the Tout le monde Service;
2. Agreement and General Terms of Use
2.1 No agreement shall be created between you and Pearson until you acknowledge acceptance of these terms and conditions by clicking ‘Accept’. If you do not click ‘Accept’ then you shall not be entitled to access the Service.
2.2 Your use of the Service constitutes your agreement to abide by all of the provisions in this Agreement. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.
2.3 Pearson may, in its sole discretion change any or all of the provisions of this Agreement at any time. Pearson will notify you of any changes by posting them on the Service or through other reasonable means of providing notice and any changes to this Agreement will be effective immediately upon such notice. Your use of the Service after notice of changes to this Agreement has been notified will be deemed your acceptance of the changes.
2.4 Pearson may, in its sole discretion, change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. Pearson may also restrict the use of the Service as well as suspend or revoke your rights to use the Service based on Pearson’s reasonable belief that your use of the Service violates that permitted by this Agreement or applicable law.
2.5 If you do not agree to the provisions of this Agreement or are not satisfied with the Service, your sole remedy is to discontinue your use of the Service.
2.6 Pearson reserves the right to cancel the Service at its sole discretion.
3. Provision of Service
3.1 In consideration of your payment of the Licence Fee, Pearson agrees to provide you with the Service and grants you a non-exclusive licence to use the Service and Content during the Licence Period subject to your compliance with this Agreement.
3.2 Pearson may at its sole discretion grant an individual or a Licensed Establishment one Free Trial prior to subscribing to the Service. Individuals belonging to the same Licensed Establishment may not apply separately for a Free Trial. A Free Trial is subject to the terms and conditions set out in this Agreement, except those regarding payment. Pearson will send you notice that the Free Trial is due to expire at least one (1) week prior to such expiry. If by the date of expiry of the Free Trial you have not placed an order for the full version of the Service Pearson will terminate your access to the Service. If you subscribe to the full version of the Service Pearson will send you a new Activation Email. In any event if Pearson has not received the applicable Licence Fee within two (2) weeks of the date of expiry of the Free Trial Pearson will terminate your access to the Service.
3.3 Pearson aim to provide you with uninterrupted access to the Service. However, in the event of long term service disruption, with the exception of termination of the Services, Pearson shall make reasonable endeavours to provide you with alternative resources.
3.4 Pearson may update the Services from time to time at its sole discretion, but shall not be under any obligation to do so.
4. Account Management
4.1 We recommend that institutions appoint an administrator to be responsible for the management of the Service within the Licensed Establishment and for ensuring that any usernames and passwords set up against the subscription account are kept up to date and deleted from the system when users leave the Licensed Establishment.
4.2 Pearson will provide you with a password to enable you to access the Service.
4.3 Only the Administrator is permitted to access the Service using the password issued to a Licensed Establishment. The Administrator may only create user log-ins for Permitted Users. The Administrator shall be responsible for ensuring that any user log-ins set up against the licence password are kept up to date and deleted from the system when users leave the Licensed Establishment.
4.4 If Pearson reasonably believes that a password is being used in any way which is not permitted by this Agreement we reserve the right to cancel access rights immediately without notice, and to block access to the Licensee and, in the case of a Licensed Establishment, all users from the Licensed Establishment.
4.5 If you do disclose or share your password with another person to allow another person to use the Services on your behalf, you agree to indemnify us for any losses or damages incurred by us as a result of your actions.
5. Licence Fee
5.1 The Licence Fee is payable in advance by such method of payment as Pearson may direct. Pearson will not be obliged to provide the Service until we have received the Licence Fee.
5.2 You remain obligated to pay Pearson for the Service regardless of whether the Service is used or not. Your obligation to pay for the Service begins on the Effective Date not the date of your first use of the Service. Pearson will not refund any part of the Activation Email Fee upon your termination or cancellation of the Service.
5.3 If you pay your Licence Fee using a credit card, you certify to Pearson that you are at least eighteen (18) years of age and that you are the cardholder of the credit card, or that you are expressly authorized by the cardholder to use the credit card for this purpose.
5.4 If you have received the Activation Email but do not accept the provisions of this Agreement and have not used the Service then Pearson shall refund you with the Licence Fee if you have already paid for it.
5.5 If you have received the Activation Email, accepted the terms of this Agreement and used the Services, but later wish to terminate this Agreement then you are not entitled to a refund of the Licence Fee, but Pearson reserves the right to deal with a termination request on a case-by-case basis.
6. Rights in Service Content and the Service
6.1 All Content and Pearson Software is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Pearson. The Service is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Pearson. Tout le monde and Heinemann are trademarks of Pearson. All other trademarks appearing on the Service are the property of their respective owners.
6.2 You may download, save and print Content solely for your personal, internal use, but will make no other use of the Content without the express written permission of Pearson. You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You will not make any changes to any Content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You also will not ‘frame’ any of the Content or the Service itself without the express written permission of Pearson. You agree that you do not acquire any ownership rights in any downloaded Content. You further agree that all rights in the Service and any of the Content not granted to you under this Agreement are expressly reserved to Pearson and/or its licensors.
6.3 No part of the Content may be reproduced or transmitted to or stored in any website nor may any of its pages of parts thereof be disseminated in any electronic or non-electronic form, nor be included in any public or private electronic retrieval system or service without prior written permission from us. If any part of the Service is cached in proxy servers it may not be accessed by persons who are not subscribers to the Service.
7. User Activities and User Information on the Service
7.1 You will use the Service and Content solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
7.2 Deliberate misuse of the Service including, without limitation, hacking, introducing viruses, disrupting the Service or attempting to do any such things is prohibited and Pearson reserves the right in such circumstances to terminate your access to the Service and, at Pearson's discretion, pass information to the legal authorities.
8. Data Protection
8.1 Pearson will store information entered into the Service by you, including student marks and assessment records, on a secure server. You may download the information as you require at any time during the Licence Period by following the instructions on the Service. Pearson shall delete all such information from its server on receipt of a request in writing from you, but in any event Pearson shall be entitled at its discretion to delete the information following the first anniversary of termination of the Service.
8.2 We shall also collect and use data about your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service and reserve the right to distribute such data in forms that do not identify you individually or reveal your identity.
8.3 Pearson shall process all “personal data” (as defined in the Data Protection Legislation) in accordance with the Data Protection Legislation; and shall implement appropriate technical and organisational measures to protect such personal data against accidental or unlawful destruction or loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
9. Disclaimer of Warranties & Limitation of Liability
9.1 Neither Pearson nor any of its Associates warrant that the Service or the Pearson Software will be uninterrupted or error free or that they will be free of viruses or other harmful components. Nor do they make any warranty as to the results that may be obtained from the use of the Service or the Pearson Software, or as to the accuracy, reliability, completeness, or contents of any Content, or any links to other sites or services made available on the Service or the Pearson Software.
9.2 In no event will Pearson or its Associates be liable to you for any loss or damage of any kind (except personal injury or death resulting from their negligence) including loss of profits or consequential loss arising from your use or inability to use the Service or from errors or deficiencies in it whether caused by negligence or otherwise except as expressly provided in this Agreement. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. In no event will the liability of Pearson and its Associates exceed the Licence Fee paid by you for the year in which the loss or damage occurred.
9.3 You will indemnify Pearson and its Associates from and against any claim arising from your defamatory, offensive or illegal conduct or such conduct by any person authorised by you to use the Service.
9.4 We may provide access via hypertext links to resources in other sites but in so doing we are neither endorsing any linked entities nor authorising any act which may be in breach of copyright or any other third party rights which are protected in law or by international treaties worldwide. We do not accept any responsibility or liability for any material contained on a third-party site.
10. Warranty
10.1 You warrant to Pearson that you have the power to enter into this Agreement:
10.1.1 in the case of an individual licence, on Your own behalf; or
10.1.2 in the case of an institution, on behalf of the Licensed Establishment
10.2 You warrant to Pearson that all information provided by you is accurate at the date that it is submitted.
11. General Terms
11.1 This Agreement constitutes the entire agreement between you and Pearson with respect to the Service. No waiver by either Pearson or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of Pearson and its successors, trustees, and permitted assigns. Pearson may assign this Agreement or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by Pearson does not relieve you of your obligations under this Agreement.
11.2 The licence granted in this Agreement is personal to you and you will not assign or transfer any of your rights or obligations to any other person. Pearson reserves the right to assign this Agreement at its sole discretion and automatically to its successors in business.
11.3 The construction, validity and performance of this Agreement will be governed in all respects by the laws of England and Wales and will be subject to the exclusive jurisdiction of the English courts.
11.4 If any provision of this Agreement is found by a court or other competent authority to be void or unenforceable such provision will be deemed to be deleted from this Agreement and the remainder of this Agreement will continue in full force and effect.
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