Institution User Terms & Conditions

Gradintelligence is a website ("Site") which is owned, designed and operated by Olivedon Limited, a company registered in England. Company registration number: 6125090, Address: The Catalyst, Baird Lane, Heslington, York, YO10 5GA.

The Gradintelligence Institution Services are delivered in partnership with Tribal Education Limited, Registered office: Kings Orchard, One Queen Street, Bristol, BS2 0HQ. Company registered in England and Wales No.4163300 (“Tribal”), who can license Gradintelligence services to Institutions and act as data processor for those institutions.

Terms

These are the terms and conditions (“the Terms”) which govern your purchase and use of our service. Please read them carefully. For the avoidance of doubt, in the event of any conflict between the Terms and the agreement between you and Tribal for the provision of Tribal software and services, the latter shall prevail.

Our Privacy Policy details how we process your personal data and how to exercise your information rights. It forms an integral part of these Terms.

By accessing the Site and/or by registering, you agree to be bound by the Terms and to follow them at all times. We may revise the Terms at any time. You should review this page regularly as any revised Terms will be binding upon you. If there are amendments or changes we consider to be of a major nature, you will be notified of these changes by email.

You may not access the Site for purposes of monitoring availability, investigating functionality or for any benchmarking purposes.

Purpose

The primary purpose of the Site is to:

Provide Institution users with access to licensed Gradintelligence Institution services.
Provide Institution registered students and graduates with online access to the HEAR and other validated achievement records, and the ability for students and graduates to securely provide authorised third parties with access to their information for qualification validation purposes.
Establish contact between providers of work, work experience, volunteering and further study opportunities ("Client(s)") with students and graduate users.
Support graduate employability initiatives at the Institution.

The Software Licence, Price and payment

The Institution is granted an annual licence to use the Site according to the licence period, licence restrictions, maintenance agreement and fees as detailed in the official Institution purchase order and corresponding Tribal quotation.

Additional value added services including development, training and consultancy support may be requested by the Institution. Such services may incur costs and be subject to additional terms.

The licence to use the Site will be renewed annually on the anniversary date of the agreement subject to a maintenance agreement or software as a service licence being in place.

Associated Service Elements

This agreement applies to your use of Gradintelligence Institution services licensed by the Institution including, as appropriate:

e-transcript server software
HEAR management service
Multi-doc service
Careers advice, coaching and guidance service
Employability benchmarking
Attainments
Advanced receiver
e-Seal

Access and restrictions

In order to access the secure areas of this Site, you must complete our user account activation process.

Certain Gradintelligence services will require you to register and provide personal data. You are responsible for the provision of accurate registration details.

For those elements of the Gradintelligence service that require registration, you will choose a username and password. You must not disclose your username and password details to anyone and are responsible for any activities that occur under the use of your username and password.

You will not do anything that would assist a non-registered user to gain access to any part of this Site and will notify us if you know or suspect unauthorised access.

You will ensure that any data or content you post to the Site is accurate, legal and does not infringe the rights of others.

You will ensure that your use of our service does not disrupt the integrity or performance of our service.

You will not copy or replicate or reverse engineer in any way the features or functions of the service.

Any personal data relating to student and graduate users of the service you can access through the service is provided with the consent of the data subject solely for the purpose of delivering Gradintelligence Institution services. No other processing is permitted. Personal data received will be treated as private and confidential. You will remain in control of the personal data accessed by you and will otherwise hold and use this personal data in compliance with all applicable laws, including all applicable data protection and privacy laws.

If we wish to terminate your access to the Site, we will do so by emailing you at the address you have registered.

If you wish to terminate your access you can unsubscribe by emailing the Site supervisor at unsubscribe@gradintel.com

Termination

Either party may terminate this agreement by providing written notice three months in advance.

You acknowledge and agree that we may terminate and or suspend your access to any portion of the service should you fail to comply with these terms or any other guidelines as published by Gradintelligence.

Any such termination or suspension shall be at our sole discretion and will be without prior notice or explanation.

Access to the Site may be terminated if the following conditions (non-exhaustive) are met:

Use in violation of any applicable law or regulation.
Uploading or introducing unlawful material or material which in our opinion, is pornographic, obscene, offensive, abusive, defamatory, discriminatory (on grounds of race, sex, religion or religious belief, disability, sexual orientation, age, marital status, civil partnership status or otherwise), malicious or threatening.
Deleting or revising any material posted by another person.
Posting material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; or posting material that infringes on the intellectual property rights of others, or on the privacy of others.
Posting links or references to other websites that are unrelated to the Client.
Use by any company, individual, partnership or body whom we believe to be in competition with us either directly or indirectly.

We reserve the right to monitor the Site and ensure that it is being used lawfully and in accordance with these Terms and to remove without notice any information supplied by you at our discretion.

Indemnity

You indemnify us from costs, expenses, claims, losses, liabilities or proceedings including legal costs made by any third party, arising out of your use of the Site and any violation of these terms or any other rules and guidance issued.

Intellectual Property Rights

The intellectual property rights belong to Olivedon, our partners and licensors. You are granted a licence to use our service for the designed purpose, all other uses and applications are reserved.

Tribal is the owner and/or authorised user of any trademarks, registered trademarks and service marks used or appearing within the Site, and Olivedon Ltd is the copyrights and database rights owner of the content and/or information available on or downloaded through the Site.

Tribal does not grant any licence or other authorisation to any user of its trademarks, registered trademarks, service marks, or other copyright works or other intellectual property, by placing them on the Site.

Client information

Institution student records data and the personal data of Institution Users is controlled by the Institution and processed by Tribal. You confirm you have the legal right to provide Gradintelligence with the student personal information required to deliver the services for test and live operations.

You grant us a right to use your information and content to provide our service to you.

We will also use this information in an aggregated form to provide statistics and for the improvement of our service.

Disclaimer

We will endeavour at all times to ensure that our service is accessible to our Clients.

We will endeavour to inform you in advance of any planned maintenance activity that will affect your access.

We do not warrant that information on our site is complete or that it is up to date, error free, free from viruses or other defects.

We do not provide warranties of any kind, either express or implied, as to the correctness, reliability or accuracy of information supplied and the fitness of this Site and your use of it.

Tribal is also not liable for any loss or damage caused by your use or misuse of the Site.

A person who is not a party to this Agreement may not enforce any of its terms under the Contract (Rights of Third Parties) Act 1999.

If any dispute arises out of these terms we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure (see www.cedr.co.uk). If we fail to agree terms of settlement within 42 days of from the start of the first meeting, held under such procedure, the dispute may be referred to litigation by either party.

Data protection

Both parties will respect the privacy of data and act at all times in compliance with the Data Protection Act, the EU General Data Protection Regulation 2016/679 (GDPR) and other applicable laws.

We reserve the right to forward details to the Police, Regulatory Authorities, legislative and judicial bodies, should your use of the Site breach any applicable law or regulations or be inconsistent with these Terms.

Law

These conditions are governed by English law and you agree to submit to the exclusive jurisdiction of the English Courts.