PebblePad Personal & Alumni Account Terms and Conditions

Welcome to the PebblePad Personal Account. This account is an e portfolio service enabling you to upload files, creative materials, links and comments ( Content ) to a private secure place on our server, to store and organise the files and use our personal information management and communication facilities ( the Personal Account ). It is hosted by Pebble Learning Limited which is a limited company with company no. 04922922 and its registered office at e-Innovation Centre University of Wolverhampton Telford Campus, Shifnal Road, Priorslee, Telford, Shropshire, TF2 9FT ( us , we or our in these terms and conditions).

 

The wording below sets out the terms of the contract on which we provide access for you to your Personal Account.

 

The account is separate from any educational or professional institute (an Institution") so the terms and conditions for the use of this account may be a little different from any that you may have agreed to if you had an institutional PebblePad account. Please read them carefully.

 

Use of your Personal Account indicates acceptance of our terms and conditions.

 

If you have any questions about your account or these terms and conditions, please email us at support@pebblepad.co.uk

 

1. Ordering your Personal Account

1.1  When you sign up for a Personal Account you are offering to enter into a legal contract with us.

1.2  The contract will become effective at the time stated in the notification from us that we have accepted your order.

 

1.3 Your Personal Account will be available for the period you sign up for when creating the account and will be renewable at the end of that period. You may continue to use your personal account for as long as you remain subscribed and you may extend your subscription period at any time.

 

2. Payment

2.1 The price you will pay for your Personal Account is stated at the time you place your order and this must be paid at the time of order and on renewal.

 

2.2 If we have accepted an order for the Personal Account, have received payment and the payment is subsequently refused or rejected we reserve the right to refuse to allow further access to the Personal Account until further payment is made.

 

2.2 All prices stated are inclusive of VAT or other local taxes which will be charged at the rate in force at the time you place your order.

 

2.3 If you previously had an account provided for you by an Institution and your Personal Account is an Alumni Account this will be free of charge to you for the period that such Institution is a customer of ours and for three years after they cease to be a customer. After that period, we will contact you and, if you wish to continue to use your Personal Account, we reserve the right to charge you for such use at our then standard rates.

 

3. Changing your mind

3.1     You have the right to cancel the contract for the Personal Account within 14 days of its go live as long as you do not use it to create 3 or more items. If you do create 3 or more items in the system before the expiry of the 14-day period you will no longer be able to cancel the contract, as we will have started providing services to you.

 

3.2     To let us know you want to change your mind, contact our Customer Service Team by email at support@pebblepad.com.;

 

3.3     After we receive your notice of cancellation, we will refund any money you have paid to us as soon as possible and always within 14 days.

 

4. Use of your Personal Account

4.1 The Personal Account is for personal (non-commercial) use only and is intended to assist individuals with learning or personal professional continuing development.

4.2 You agree that you are responsible for any Content that you submit to your account and you remain the owner of it unless it is owned by the Institution who is providing or provided your account for you.

4.3 You agree that we can provide access to your Content to anyone you allow to access it.

4.4 You agree that you will not use the Personal Account for:

a)                  the transmission or receipt of any material which is offensive, in breach of codes on harassment, or strays too far from the context of the service as a developmental and educational tool;

b)                  excessive data transfer;

c)                  the storage or transmission of any Content that is not your original work;

d)                  use which is detrimental to the Personal Account or other users;

e)                  use which is abusive, offensive; deceptive, pornographic, obscene, defamatory, advocates illegal activity, harms minors in any way or which reflects badly upon users, or on us;

f)                   providing links (either explicitly, or by allusion) to such material.

 

4.5 The Terms of Use of our website (www.pebblepad.co.uk/terms.aspx) also apply to the use of your Personal Account so please read them carefully.

4.6 All the information, files, software and materials offered by the Personal Account are protected by copyright and by other applicable laws. You understand that we are unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You agree not to copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for anything you do which violates the copyright of anyone else.

4.7 If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, please contact us at support@pebblelepad.com.

 

4.8 Shared or published items may be removed if they are reported to be inappropriate use of the Personal Account and any inappropriate use or breach of copyright by you may result in your Personal Account being suspended or withdrawn.

4.9 When you leave an Institution who had been providing a Personal Account for you, you may lose access to certain materials which are the property of that Institution. If you want to know more about the material you may lose access to you should contact the Institution who is providing the account for you before you leave.

 

5. Termination

5.1 We may terminate our contract with you if you are in substantial breach of the provisions of these terms and conditions.

 

5.2 We may also terminate the contract where we decide to withdraw from offering Personal Accounts. In such cases we will give you no less than 60 days notice and, where you have paid for a Personal Account, we will return any amounts you have paid prorated to the remaining period of your subscription.

 

6. Our liability to you

6.1 We're responsible for losses you suffer caused by us breaking our contract with you unless the loss is:

 

(a) Unexpected (i.e., it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it);

(b) Caused by an event outside our control;

(c) Avoidable (i.e. something you could have avoided by taking reasonable action). For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us; or

(d) A business loss. As your Personal Account is not for business use, we cannot be responsible for any losses you incur in using it for commercial purposes.

 

7. Deletion of Data and Backups and monitoring of your account

7.1 It is your responsibility to keep copies of all Content you upload or enter into the Personal Account. Whilst we will use reasonable endeavours to maintain access to the Personal Account and to maintain data storage, it is not possible to ensure access at all times. We will use reasonable efforts to reestablish access if it is lost.

7.2 If your Personal Account is inactive for more than 12 months we reserve the right to delete it. We will contact you prior to deletion giving you the option to maintain the account.

7.3 You can request deletion of your Personal Account at any time. If we delete your account at your request, it will not be recoverable and you will not be entitled to a refund of any subscription fees you have paid for it.

7.4 We have the right to monitor your account for irregular usage, breaches of these terms and conditions and inactivity.

7.5 If our contract with you comes to an end (other than if we have ended it for your unauthorised use) access to your Personal Account will continue for 60 days to enable you to transfer your Content to an alternative system. Your Content will then be retained for a further period of 90 days (unless you tell us to destroy the Content earlier or ask us to keep it for longer). We reserve the right to accept or decline any such request.

 

8. Use of your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: Privacy Policy - PebblePad

 

9. Contacting each other

If you wish to send us any notice then it needs to be sent to Pebble Learning Ltd. E-Innovation Centre, University of Wolverhampton, Telford, Shropshire UK TF2 9FT or via email to support@pebblelepad.com and should be marked for the attention of Personal Accounts Manager. If we wish to send you a notice we will use the email address you provided when you signed up for your personal account.

 

10. Complaints and disputes

10.1 If you have a complaint, please contact our customer service team at support@pebblelepad.com They will do their best to resolve any problems you have with us or with your Personal Account.

10.2 These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

 

11. Other important terms apply to our contract

11.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Personal Account. We will use reasonable endeavours to contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact our Customer Service Team at support@pebblepad.com.

11.2 You cannot transfer your contract with us to someone else. As the Personal Account is personal to you it cannot be transferred to anyone else. This does not stop you sharing your Content with others as you see fit.

11.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to approve on ending or changing it.

11.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

11.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn t mean we can't do it later

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