Terms & Conditions

Description of Site Services

Welcome to www.propello.com/uk (together with any successor sites and the Site Services and Company Content (each as defined below), in whole and in part, the “Site”). The Site is operated by Propello Learning Limited. (“Company” or “we”).

The services that Company makes available on or through the Site include education-related materials, information and instructional services, support chat functionality and any other features, content, services, functionality and applications offered from time to time by Company on or through the Site (collectively, “Site Services”).

Acceptance of Terms of Use

By accessing or using the Site, you agree to be bound by these terms and conditions which form the agreement between us (“Agreement”).  By purchasing Site Services, you are accepting the terms of this Agreement.

Please read this Agreement carefully. If you are an employee or other representative of a school or other organisation who is accessing or using the Site on behalf of such organisation, then you are agreeing to this Agreement on behalf of yourself and such organisation.

We may make reasonable changes to this Agreement from time to time, for instance, to comply with the law.  Where we make changes, we shall notify you by email.

If you do not agree to be bound by this Agreement, you must not access or use the Site. Your access to and use of certain parts of the Site may require you to accept additional terms and conditions, and may require you to download certain Software or Content.

Company content

The Site contains information, text, files, images, video, sounds, musical works, computer code, works of authorship, applications, and other materials and content (collectively, “Content”) of Company or its licensors (“Company Content”). The Site (including the Company Content) is protected by copyright, trademark, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Site. Company hereby grants to you a limited, revocable, non-sublicensable license, during the term of the Agreement, to access, display and perform the Company Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Company in this Agreement or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.

Use of the site

We are the owner or the licensee of all intellectual property rights in our Site, and in the Company Content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print copies, and may download extracts, of any page(s) from the Site for your personal use or the use of your organisation. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the Company Content must always be acknowledged. You must not use any part of the Company Content for commercial purposes without obtaining a licence to do so from us or our licensors. If you are in breach of these terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You agree not to:

• Violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, contract or other proprietary rights.
• Introduce or engage in activity that involves the use of viruses, bots, worms, Trojan horses, Easter eggs, time bombs, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised access to or use of a computer or a computer network.
• Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorised access to the Site or any Account, or Company’s servers or networks;
• Restrict or inhibit any other person from using the Site (including by hacking or defacing the Site). Cover, remove, disable, block or obscure the Site (including advertisements on the Site).
• Use technology or any automated system, such as scripts or bots, to collect user names, passwords, e-mail addresses or any other data from or through the Site, or to circumvent or modify any security technology or software that is part of the Site.
• Modify, adapt, translate, reverse engineer, decompile or disassemble the Site.
• Solicit, collect or request any information for commercial or unlawful purposes.
• Frame or mirror the Site without Company’s express prior written consent.
• Use the Site in a manner inconsistent with any applicable law, rule or regulation.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather content of the Site or reproduce or circumvent the navigational structure or presentation of the Site without Company’s express prior written consent.
• Attempt, facilitate or encourage others to do any of the foregoing.

Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s discretion, violates this Agreement or attempts to do so, including terminating or suspending a user’s Account or access to or use of the Site, or reporting any User Content or conduct to law enforcement authorities.

You (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Site, and for paying all charges related thereto.

Registration and account security

You may have the ability to create an account on or through the Site (an “Account”). If you submit registration information to create an Account, you represent and warrant that all information submitted to Company in connection with such registration is complete and accurate, and that you will update such information if it changes. 

Propello Learning does not use personally identifiable information provided by the school about student users for any purpose other than to provide services to the school and the student user.  Such information is maintained confidentially and not shared with or sold or otherwise provided to third parties, unless specifically requested by the school.  Additionally, to the extent that Propello Learning collects, uses, or discloses any personal information from children under the age of 13, that information is used solely to permit Propello Learning to provide services to the school and the student user.

If you create an Account, you are responsible for all use of your Account, and for maintaining the confidentiality of the information used to access your Account (including username and password). You agree not to share your user name or password with anyone, or use anyone else’s Account at any time. You acknowledge that the reuse of your password in connection with accounts on other websites increases the risk that the security of your Account may be compromised.

If you are working on behalf of a school, it is your responsibility to comply with rules and responsibilities pertaining to consent when adding and registering additional users.

Data Protection, Security and Privacy

For the purposes of these Terms, the following definitions shall apply: “Data Protection Legislation” means any applicable law relating to the processing, privacy and/or use of personal data, including but not limited to the UK General Data Protection Regulation, the Data Protection Act 2018, and any laws implementing or secondary to such laws, and any laws that replace, extend, re-enact, consolidate or amend any of the foregoing; and “personal data”, “controller”, “processor”, “processing” and “data subject” shall have the meaning ascribed to them in the Data Protection Legislation.

To the extent that the Services involve the processing of personal data for or on Your behalf, the parties agree that:

We are the controller of Users’ personal data provided to Us during the provision of the Services. Our registration number on the register of data controllers maintained by the Information Commissioner is ZB506762. You acknowledge and agree We may process Users’ personal data in accordance with the Data Protection Legislation and our Privacy Policy.

We are the processor of Students’ personal data provided to Us during the provision of the Services (“Student Personal Data”) and the School is the controller of Student Personal Data. The parties agree that the following provisions shall apply in respect of Our processing of Student Personal Data.

Each party shall at all times comply with the Data Protection Legislation in connection with the performance of these Terms, including the processing of personal data and the provision of the Services.

We shall only process the Student Personal Data in accordance with these Terms and the School’s written instructions from time to time except where otherwise required by applicable law (and in such case shall inform the School of that legal requirement before processing, unless the law prevents it doing so on important grounds of public interest).

We shall at all times implement and maintain appropriate technical and organisational measures to protect Student Personal Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.

You agree that We may permit the processing of Student Personal Data by an agent or subcontractor, subject to it entering into a binding written contract containing the same obligations as under these Terms in respect of the Student Personal Data.

We shall:

promptly provide such information and assistance as the School may require in relation to the fulfilment of the School’s obligations to respond to requests for exercising any data subject rights under the Data Protection Legislation;

provide such information, cooperation and assistance to the School as the School reasonably requires (taking into account the nature of processing and information available to Us) to ensure compliance with the School’s obligations under Data Protection Legislation.

We shall refer all requests and communications received from data subjects or any supervisory authority, which relate or may relate to any personal data processed under these Terms, to the School promptly and shall not respond to any without the School’s express written approval.

You acknowledge and agree that the Student Personal Data may be transferred or stored outside the UK or European Economic Area (EEA) (including transfers to sub-processors based outside the UK/EEA) if necessary to carry out Our obligations under these Terms provided that (a) We provide and maintain appropriate safeguards as set out in Article 46 UK GDPR to lawfully transfer the Student Personal Data to a third country; (b) the data subject has enforceable rights and effective legal remedies; and (c) We comply with reasonable instructions notified to Us in advance by You with respect to the processing of the Student Personal Data.

We shall maintain complete, accurate and up to date written records of all processing activities carried out on behalf of the School. Such records shall include all information necessary to demonstrate compliance with this clause 16, the information referred to in Article 30(2) of the GDPR and such other information as the School may reasonably require from time to time.

We shall promptly notify the School if We suspect or becomes aware of any suspected, actual or threatened occurrence of any breach in respect of any Student Personal Data and assist the School in reporting the circumstances of any incident to a supervisory authority and/or to affected data subjects.

We shall promptly, on the School’s request, either securely delete or securely return all Student Personal Data held and/or processed pursuant to these Terms to the School.

You warrant that You have all licences, consents and permissions necessary for Us to process the Student Personal Data in accordance with the Data Protection Legislation and as required to deliver the Services and You agree to indemnify and keep indemnified and defend at its own expense Us against all costs, claims, damages or expenses incurred by Us as a result of a breach of this warranty.

Products, services and specifications

All products and services described or depicted on the Site, and all related features, content, specifications and prices, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any product or service on the Site at a particular time does not imply or warrant that such product or service will be available at any time.

Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

Materials for in-class experiments

In some of the Company Content, Users may be directed to acquire materials for in class experiments that may include chemicals, agricultural materials or other hazardous material that may be subject to regulations or restrictions with respect to import or export, or to where or how such material may be used. It is your responsibility to read and abide by all warning notices that accompany any products that you purchase related to these materials.

Third party links and services

The Site may provide links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third Party Services”). When you access or use a Third Party Service, you are interacting with the applicable third party, not with Company, and you do so at your own risk. While the Company uses reasonable endeavours to choose only appropriate and relevant Third Party Services, the Company has no control over and is not responsible for the Third Party Services (including the accuracy or completeness of the information provided by such Third Party Service or the privacy practices of any third party).

Feedback

If you provide us with any ideas, proposals, suggestions or materials (“Feedback”), whether related to the Site or otherwise, we may use your Feedback but without any obligation being owed to you in relation to our usage of your Feedback.

Privacy

Please review the Privacy Policy for the Site, available at Propello Privacy Policy to learn about our information collection, usage and disclosures practices with respect to information collected by us through the Site. Please note that certain products or services made available by us, other than the Site, may be subject to different privacy policies. In addition, the Site’s Privacy Policy does not address, and we are not responsible or liable for, the information collection, usage and disclosures practices of any third party or Third Party Service.

Disclaimers

The Site and Site Services  are made available “as-is” and “as available” and Company does not guarantee or promise any specific results from use of the Site Services.. In particular, Company and its affiliates make no warranty that the Site or your access to or use thereof, will be uninterrupted, timely, secure, error-free, accurate or reliable. Under no circumstances shall we be liable for any consequences of any unauthorised use of the Site Services that violates any applicable law or regulation.

Limitation on liability

Except where prohibited by law, our liability to you shall be limited to the amount paid, if any, for the Site Services.

Termination

This Agreement remains in full force and effect while you access or use the Site. If you create an Account, you may terminate your Account at any time, for any reason, by contacting us at uk@propello.com. Company may terminate or suspend your Account and/or your access to or use of the Site at any time where you or Users for whom you are responsible are in material breach of these Terms, pending further investigation and final resolution.

Governing law & Jurisdiction

The terms of this Agreement are governed by the laws of England and any dispute shall be subject to the jurisdiction of the courts of England.

Other terms

You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity or enforceability of any remaining provisions.

 

Please contact us at legal@propello.com with any questions regarding this Agreement.

Cookie Policy

At NE USA, Inc., dba Propello (hereinafter, “NE”), we are committed to transparent communication about the way our website collects information from users. Our Privacy Policy, located at https://propello.com/privacy-policy, describes and governs our data collection and processing practices. This Cookie Policy specifically addresses how we use various technologies. The cookie technologies covered in this policy include cookies, flash cookies, pixels, web beacons, and other related data files customarily used by most websites today.

About Cookies 

NE uses what is known as cookies and other similar technologies to see how NE's digital services are used and to customize the user experience. Cookies consist of small text files and are a very common tool on the Internet. The cookie files are read and stored by the browser on the equipment used to visit the websites. NE's customers and registered users consent to the use of cookies. Users can set their browser to block cookies and can delete cookies already stored. Logging in to ne.se requires the user to accept cookies, without this, the service cannot be used.

On our promotional pages, web shops and other pages where we can learn about our customers' and visitors' interests in our products, cookies are used to customize content and advertising, to provide social media features and to analyze traffic. In such cases, any use of such cookies will be clearly indicated on the relevant website. We share information about such use of these pages only with trusted social media, advertising and analytics partners.

An overview of the cookies we use can be found in the section below. 

We use cookies on our site for the following purposes: 

• track website traffic
• store and manage user account data
• capture location and IP addresses
• assist in e-commerce functionalities
• prefill reoccurring fields on our site
• provide redirects to various portions of our site

 

Third-Party Cookies

The cookies stored when you visit our site may also include third-party cookies. Third-party cookies are stored by other parties and are used primarily to track a user’s browsing history. Third parties may also use cookies to provide advertising to you across various sites.

We and our advertising partners use cookies to personalize advertising and show relevant ads to those who have previously shown interest in our products. For example, we use Google's various features for, among other things, personalized advertising. You can opt-out of Google's advertising features and other Google Analytics features using the Google Analytics Opt-out Browser Add-on.

For example, we also use some of Facebook's advertising features. You can change how Facebook uses information based on your activities on websites or apps outside of Facebook for advertising purposes in Facebook's Ads settings.

Permanent Cookies and Session Cookies 

There are two types of cookies. One type, called a "permanent cookie", saves a file that remains on the visitor's computer. It is used, for example, to tailor the website to the visitor's preferences, choices and interests, to customize external advertising and for statistical tracking. The second type is called a "session cookie". While a visitor is on a web page, it is temporarily stored in the visitor's computer memory. Session cookies disappear when you close your browser. Our website uses both permanent and session cookies. We use both types of cookies for our advertising to make it more relevant to users and more valuable to NE. They are used to enable the selection of ads based on what is relevant to the user, to improve reporting on different campaigns and to prevent ads that have already been shown to you from being shown again.

We use session cookies for our visitor statistics. Websites often collect information about what users do during a visit. This can include which pages users visit most often, and whether users receive error messages on certain pages. We use session status cookies to improve our offerings and website so that users have a better experience on the web. If you block or delete these cookies, you can nevertheless use the site.

We also use session cookies to keep you logged into the service. If you block all cookies, you will not be able to use our services.

Consent

When you click the “I accept” button on the cookie banner that appears on our website, you consent to our use of cookies as described in this policy. If you do not consent to our use of cookies, you must stop using our site or manually disable them via your browser’s settings.

Disabling and Deleting Cookies

You can manage, block, or delete cookies by adjusting your cookie preferences in your browser settings. However, please note that disabling certain cookies could significantly impact your user experience. Specific instructions for managing cookies in your particular browser are provided at the links below:

• Google Chrome
• Firefox
• Internet Explorer
• Safari

Updates to This Policy

We may update this policy from time to time. Please check this page frequently for updates.

Contact Us

If you have any questions, comments, or concerns about this Privacy Policy or our services, please contact us via email at hello@propello.com or by mail at Propello, 1105 Nueces Street, Austin, TX 78701.

Effective Date: September 13, 2022

 

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