Thank you for participating in a Group Free Trial with Alkemygold Limited – Alps (“Us” “We” “Our”)

Background

1.  You would like to access the Alps Connect Platform as part of a Group Free Trial in order for the Group to assess its suitability before the Group decides whether to purchase a subscription with Us 

2.  In consideration of a peppercorn (deemed paid) We have agreed to give you access to the Alps Connect platform (“Application”) for a limited period of time as set out in the schedule below 

3.  We will provide you support with uploading relevant data to be able to use the Application with your own data 

4.  We will offer you educational support with using the Application 

5.  All the provisions of Our main Site Terms and Conditions available on the Alps website (https://alps.education/downloads/connect/Alps_Terms_Conditions.pdf) including in relation to data security and processing will apply in full, save as varied in these terms: 

Free Trial Terms and Conditions 

1.  Basis of Contract 

1.1  The Free Trial Booking constitutes an offer by You to purchase a Free Trial service from Us in consideration of a peppercorn (deemed received) (“the “Service“) in accordance with these Terms and Conditions. The Free Trial Booking shall only be deemed to be accepted when You sign the Free Trial Booking at which point the contract between us (the “Contract“) will be formed.   

1.2  These Terms and Conditions include the Site Terms and Conditions full, save as varied by these terms. The Site Terms and Condition definitions apply in this Contract. These Terms and Conditions shall be the only terms which shall apply to the Contract and may be amended by Us from time to time.  

2.  Price  

2.1  The Free Trial shall be for no cost, save a peppercorn deemed to be paid. 

3.  Termination 

3.1  Access to the Application will be revoked on the Free Trial End Date and the data retention provisions in clause 9 will apply.  

4. Cancellation 

4.1  Any cancellation of the Free Trial Booking made by the You must be made in writing via email: [email protected] or telephone: 01484 887600.    

4.2  Upon receipt of a notice of termination or cancellation from You or the Group, access to the Application will be terminated and the data retention provisions in clause 9 will apply.   

4.3  We reserve the right to cancel the Free Trial Booking and revoke access to the Application at any time and for any reason. 

5.  Intellectual Property 

5.1  All intellectual property rights in or arising out of or in connection with the Free Trial Booking shall be owned by Us.  

5.2  All training materials used by Us in the provision of the Services are the exclusive property of Alps. We license to You all relevant intellectual property rights free of charge and on a non-exclusive basis to the extent necessary to enable You to make reasonable internal use of the training services and any course materials provided. You shall not use any part of the course materials for any other purposes, including commercial purposes, without obtaining a licence to do so from Us. 

6.  Customer’s obligations 

6.1  You shall: 

        6.1.1  ensure that the terms of the Free Trial Booking and any information it provides to Us are complete and accurate; 

        6.1.2  update Us as soon as reasonably practicable and, in any event, no less than 5 working days before the delivery                             of any of the Services as to any changes to Free Trial Booking;  

       6.1.3  co-operate with Us in all matters relating to the Services; 

       6.1.4  promptly agree the dates for training referred to in the Free Trial Schedule  

       6.1.5  promptly provide the school data required, as advised by Us, to use the Application  

       6.1.6  provide Us with such information and materials as we may reasonably require in order to supply the Services,                              and ensure that such information is accurate in all material respects;  

6.2  We shall have no liability if We are prevented or delayed from providing the Services for any reason. 

7.  Alps’ obligations 

7.1  We shall provide the Services at the times and dates set out in the Free Trial Schedule using reasonable care and skill. 

7.2  We shall be solely responsible for our employees and contractors in the carrying out of the Services. We will provide any training materials as part of the Services. 

7.3  The Alps contact for the purposes of these Terms and Conditions shall be Kerrie Lawton, Training Co-ordinator at Alps or such other person as We shall notify You in writing from time to time.  

8.  Data Protection 

8.1  Save as amended in clause 9 below, both parties will comply with all applicable requirements of the Data Protection Laws Data Protection Schedule as defined and set out in the Site Terms and Conditions. 

8.2  We will use any personal data about You or any personal data we receive from You for the primary purpose of providing the Services and for related purposes including: 

           i.  Identifying and communicating with You; 

           ii. Updating our records 

           iii. Complying with any legal requirements; and 

           iv.  Sending information about our services. 

8.3  Our data protection compliance documents including our Privacy Notice are available through the Privacy Hub on the Alps website (www.alps.education/privacy-hub). 

9.  Data Retention 

9.1  The data and analysis from Personal Data provided by You will be deleted automatically after 1 month if You do not purchase an Alps subscription or indicate that You would like to do so within 1 month from the Free Trial End Date. 

10.  Warranties and Liability 

10.1  Nothing in these Terms and Conditions shall limit or exclude Our liability for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation nor where liability cannot be excluded or limited as a matter of law. 

10.2  We warrant to You that the Services will be provided using reasonable care and skill.  

10.3  The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.  

10.4  Subject to paragraph 10.1 above: 

          10.4.1  We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence),                                   breach of statutory duty, or otherwise, for any special, indirect or consequential loss arising under or in                                         connection with the Contract; and 

         10.4.2  Our total liability to You in respect of all other losses arising under or in connection with the Contract, whether in                          contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the                          total cost of the relevant Services. 

11.  Confidentiality 

11.1  You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to You by Us, our employees, agents or subcontractors, and any other confidential information concerning Our business or our products or our services which You may obtain. You shall restrict disclosure of such confidential information to such of your employees, agents or subcontractors as need to know it for the purpose of discharging Your obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind You. This paragraph 11 shall survive termination of the Contract. 

12.  General 

12.1  You shall not assign, transfer, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.   

12.2  We shall not be in breach of this Contract nor liable for delay in performing, or failure to perform, any of our obligations under this Contract for any reason. 

12.3  Any notice to be given under the Contract shall be in writing and shall be delivered to the other party personally or by first-class post. 

12.4  A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.  

12.5  Nothing in the Contract is intended to, nor shall confer any rights on a third party under the Contracts (Rights of Third Parties) Act 1999. 

12.6  The Contract constitutes the entire agreement between the parties. You acknowledge that it has not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in the Contract. 

12.7  Except as set out in the Contract, no variation of the contract shall be effective unless it is in writing and signed by both parties (or their authorised representatives). 

12.8  If any provision of part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 12.8 shall not affect the validity and enforceability of the rest of the Contract. 

12.9  This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. 

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