Free Trial

Terms and Conditions for Groups

Thank you for requesting a Group Free Trial with Alkemygold LimitedAlps  
(“Us” “We” “Our”) 



1.  You would like to access the Alps Summit and Connect Platforms to assess their suitability before you decide whether to purchase a subscription with Us 

2.  In consideration of a peppercorn (deemed paid) We have agreed to give You access to the Summit Platform and Your Schools access to the Connect platform (“Applications”) for a limited period of time as set out in the schedule below 

3.  We will provide You and Your Schools support with uploading relevant data to be able to use the Applications with your own data 

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

5.  All the provisions of Our main Site Terms and Conditions available on the Alps Website ( including in relation to data security and processing will apply in full, save as varied in these terms: 

Free Trial Terms and Conditions 


It is agreed as follows: 

1.  Definitions  

1.1  “Data Protection Laws” shall mean the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the national data protection authority including any amending or replacement legislation in force from time to time; 

1.2  “Intellectual Property Rights” means all patents, trademarks, registered designs, design rights, semi-conductor topography rights, copyrights, database rights, rights in computer software, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, getups, logos and trade dress (in each case whether or not registered), any applications for or rights to apply for any of the above, any other intellectual property rights recognised in any part of the world and any accrued rights of action in respect of any of the above; 

1.3  “Parties” means You and Us and “Party” means any one of us  

1.4  “Site Terms and Conditions” means the terms and conditions of provision of services and use of the Website as published by Alps from time to time;   

1.5  “Website” means the website used by Alps from time to time to facilitate the transfer of data and the performance of this Contract including where relevant the Alps Connect and Alps Summit platforms  

2.  Basis of Contract 

2.1  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.   

2.2  These Terms and Conditions include the Site Terms and Conditions in full, save as varied by these terms. The Site Terms and Condition definitions apply in this Contract. Together, 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.  

3.  Commencement and Continuation 

3.1  The Free Trial shall start on the Free Trial Start Date and shall end on the Free Trial End Date (“Free Trial period”) 

3.2  On expiry or termination of this Contract any subscriptions to Alps Connect in effect in relation to Your Schools shall also terminate. 

4.  Alps’ Services

4.1  We shall give You access to the Summit Platform during the Free Trial period  

4.2  We shall give Your Schools access to the Connect Platform during the Free Trial period 

4.3  We shall offer 

         4.3.1  Data support to the You and Your Schools to upload your data (45 minute session for you and each of Your                                   Schools) 

        4.3.2  Education support to You on using Summit (45 minute session) 

        4.3.3  Such other training as is agreed and set out on the Free Trial Schedule 

4.4  Any training is to be delivered at times and dates as agreed between us at a mutually convenient time, both Parties acting reasonably 

5.  Alps’ Obligations 

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

5.2  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. 

5.3  The Alps contact for the purposes of these Terms and Conditions shall be Josh Martin, Sales Manager at Alps or such other person as We shall notify You in writing from time to time.  

6. Your 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 the 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 assistance in relation to the upload of Your Schools’ data as required and advised by Us, in order                      to use the Applications  

       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; 

7.  Liability 

7.1  This clause 7 sets out the financial liability of each Party (including any liability for the acts or omission of its employees, agents or subcontractors) to the other in respect of:  

       7.1.1  Any breach of this Contract however arising; 

       7.1.2  Any use made by You of the Services; and  

       7.1.3  Any representation, statement or tortious act or omission (including negligence) arising under or in connection with                    this Contract. 

7.2  All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract. 

7.3  Nothing in this Contract shall limit or exclude either Party’s liability for:  

       7.3.1  Death or personal injury resulting from negligence; or 

      7.3.2  Any other liability which cannot be lawfully excluded. 

7.4  Subject to clause 7.3 above neither Party shall under any circumstances whatever be liable to the other for any indirect or consequential loss arising under or in connection with this Contract which shall include without limitation management time, administrative costs, loss of opportunity, loss of reputation or loss of goodwill 

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

8.  Intellectual Property 

8.1  All Intellectual Property Rights in or arising out of or in connection with the Free Trial Booking shall be owned by Us.  

8.2  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. 

9.  Confidentiality 

9.1  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 Alps, its employees, agents, consultants or subcontractors and any other confidential information concerning Alps’ business or its products which You may obtain.  

9.2  You may disclose such information:

      9.2.1  To Your employees, officers, representatives, advisers, agents or subcontractors who need to know such                                         information for the purposes of carrying out Your obligations under this Contract; and  

      9.2.2  As may be required by law, court order or any governmental or regulatory authority. 

9.3  You shall ensure that Your employees, officers, representatives, advisers, agents or subcontractors to whom You disclose such information comply with this clause 9 and shall be responsible for any default on their part as if such were its own. 

9.4  You shall not use any such information for any purpose other than to perform Your obligations under this Contract.  


10.  Data Protection 

10.1 We shall and You shall comply with the Data Protection provisions set out in the Site Terms and Conditions, the Data Processing Protocol set out in Appendix Two and (where applicable) the Additional School Data Sharing terms in Appendix One in respect of data used and produced in the carrying out Our obligations and Your obligations under this Contract.  


11.  Data Retention 

11.1  The data and analysis from Personal Data provided by You and Your Schools 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. 


12.  Termination 

12.1  Without prejudice to the other rights or remedies which the Parties may have, either Party may terminate this Contract without liability to the other immediately on giving written notice 

12.2  On termination of this Contract for any reason:  

          12.2.1  Each Party shall within a reasonable time deliver up to the other all correspondence documents, specification                               papers and other property belonging to the other which may be in its control; 

          12.2.2  The accrued rights, remedies, obligations and liabilities of the Parties shall not be affected; and  

          12.2.3  Clauses which expressly or by implication have effect after termination and shall continue in full force and effect  

13.  Force Majeure 

13.1  Neither Party shall be liable for any delay or failure to meet its obligations due to any cause outside its reasonable control including (without limitation) inclement weather, acts of God, war, riot, malicious acts of damage, civil commotion, strike, lockout, industrial dispute, power failure or fire (“Force Majeure Event”). 


14. General  

14.1  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.   

14.2  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, to the fullest extent permitted by law. 

14.3  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. 

14.4  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.  

14.5  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. 

14.6  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. 

14.7  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). 

14.8  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. 

14.9  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. 



Additional School Data Sharing 

Where this Appendix applies as a result of a school or college agreeing to share data with You through Alps for the production of Group Analysis: 

1.The terms of Appendix Two shall be modified so that 

       a)  The purpose of processing shall include the following “Additional School Sharing Purpose” in relation which “Additional              School” means a school or college by whose election this Part applies: 

               (i)  The Additional School’s Data will be included in an Alps Group report received by You and shall include school level                      and subject level analysis. It will not identify or include student level data.  

               (ii)  The purpose of receiving this data is for You to understand the quality of provision within the schools and colleges                       under Your remit including those which are not controlled or managed by You, in order to support the schools                             and colleges in facilitating the sharing of good practice and to inform performance improvement strategies across                       Your area of operations. The data is not to be shared with the general public and only to be used for internal                                 professional purposes. 

      b)  The information included in the Additional School’s School analysis and part of Your Analysis which You acknowledge                  includes the personal data of pupils and staff members of the Additional School (“Shared Data”) shall be as provided                  for in this Agreement. 

2.  You agree in relation to the Shared Data (with the intention that this Part shall be enforceable by the Additional School as a third Party) to: 

               a)  act in accordance with all applicable Data Protection Laws as a data controller  

               b)  act as a data controller of the Shared Data on the basis that the purpose of processing is agreed to be the                                      Additional School Sharing Purpose and the manner of processing shall be in accordance with the applicable Data                        Protection Laws  

               c)  inform the Additional School of a point of contact with You in relation to Shared Data 

              d)  provide reasonable assistance as is necessary to the Additional School to enable it to comply with Subject Access                         Requests relating to Shared Data and to respond to any other queries or complaints from Data Subjects 

              e)  provide reasonable assistance as is necessary to the Additional School to facilitate the handling of any Data                                   Security Breach in an expeditious and compliant manner 

              f)  ensure that any Shared Data are returned to the Additional School (or Alps as its processor) or destroyed once                            processing of the Shared Data is no longer necessary for the Additional School Sharing Purpose

             g)  in the event of a dispute or claim brought by a data subject or Regulator concerning the processing of Shared Data                      against any Party, inform the Additional School about any such disputes or claims, and cooperate with a view to                            settling them amicably in a timely fashion. 



Data Processing Protocol 

1. Purpose 

1.1  The purpose of this protocol is to facilitate the exchange of relevant, accurate and agreed information about Key Stage 4 and 16-19 achievement, initially including GCSE, A level and/or AS level and/or BTEC national provision, in schools and colleges in order to identify and disseminate good practice and to raise achievement of learners under Your remit. 

1.2  Information will be shared in order that You can form a picture of the current achievement of learners under Your remit and make judgements about the quality of provision and identify appropriate measures to improve teaching and learning and overall achievement. 

1.3  Alps is a ‘data processor’ for the purposes of the UK GDPR and Data Protection Act 2018 and will remain so under the GDPR and the legislation replacing the 1998 Act whilst conducting activity such as the preparation of Analysis (as defined in the Site Terms) on behalf of You or where passing on information to You when requested by a school or college or passing information to other Parties where requested by the Client.  

1.4  You will be the ‘data controller’ in relation to Alps’ services because You determine the purpose and manner of the processing carried out under Your instruction as well as retaining responsibility for assessing and applying Analysis provided to You. 


2.  Scope 

2.1  The target group on which information is to be shared is learners aged 14-19 taking level 2 and 3 qualifications in GCSEs, A levels and/or AS levels and/ or BTEC nationals. The information and data to be shared is the data required to measure achievement which means the progress by a learner between the starting point at prior attainment and the finish point in terms of qualification grades attained; and may include: 

  • Unique pupil Identifiers: 
    • Admission number
    • UPN (Unique Pupil Number)
  • Student Name (Surname and Forename) 
  • Date Of Birth 
  • Gender 
  • Ethnic Origin 
  • Pupil Premium Indicator 
  • Ever In Care Status 
  • Free School Meals 6 year Status
  • Tutor Group 
  • Teaching Subject 
  • Teaching Set 
  • Teacher 
  • Study Year 
  • Subject 
  • Grade
  • Year of Examination 
  • KS2 Fine Score or component parts as specified from by the DfE to calculate  
  • Average Welsh National Test score or the component parts to calculate 
  • Average GCSE Score or the component parts to calculate from student’s previous results 


2.2  Methods of transferring the data and outcomes will be electronic form via the Website.  

2.3  Both Parties shall adhere to the Site Terms and Conditions which shall apply as if set out in full in this Contract including the Data Protection Schedule and Retention Schedule within those Site Terms and Conditions.

2.4  You agree, where appropriate, that You or Your Schools have or will issue fair processing notices to all pupils (or where applicable parents) in relation to the processing for the purpose of Alps performing the Contract and otherwise acting in accordance with the Site Terms and Conditions in relation to Pupil Data (as defined in the Site Terms and Conditions).

2.5  You agree that Your Schools are responsible for the selection and provision of appropriate processing notices and other information in Your capacity as a data controller and You will not treat as advice or as a representation or warranty any suggested content for any such notice provided by Alps in connection with this Contract.  


3.  Obligations 

3.1  The Parties shall ensure that all information that identifies individual school or college performance will remain confidential and only be supplied to the individual institution or Your appropriate employees.

3.2  The Parties shall ensure that, in principle individual pupil names will not be identified in any of the information collected, processed or reported upon in the Contract. The exception to this is that for the purpose of the Analysis for the individual schools only it would be useful to identify the pupils by name to enable the schools to easily check the results used in the analysis.

3.3  The Parties shall ensure that access to data mapping, for instance GCSE average point scores against A level results, will be limited to the Parties.

3.4  You acknowledge that some data, algorithms, and reports shared with schools, colleges and Groups may be commercially sensitive to Alps. You will use all reasonable endeavours not to adversely affect Alps’ commercial interest.

3.5  In exceptional cases, requests for disclosure of information beyond the boundaries of this data sharing protocol will be discussed between the Parties prior to any action being taken.

3.6  Each Party will explain to the other any circumstances in which they may need to release information to a third Party beyond the boundaries of the protocol, for instance, in order to secure a training place/employment. They will need to seek the agreement of the other to this such agreement not to be unreasonably withheld or delayed. 


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