Gradvisor Platform

User Terms

Welcome to the Gradvisor Platform

These Terms & Conditions (the Terms) govern your use of the Platform, your Account and any of the services or functionality which we make available to use via the Platform. Please read these Terms carefully before setting up your Account.

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1. Important Information
   
   1. By registering with us for your Account and clicking to confirm you accept the Terms and/or continuing to use the Platform following our notification of any changes to these Terms, you are
      agreeing to comply with them.
   2. If you do not agree to these Terms, you may not access or use the Platform.
   3. These Terms tell you:
      
      1. who we are;
      2. the terms on which you may use, and we provide, the Platform;
      3. how changes can be made to your Account, the Platform and these Terms;
      4. how to close your Account; and
      5. what to do should you have a problem and other important information.
2. Who we are and how to contact us
   
   1. We are Gradvisor Ltd (Gradvisor, we, us or our). We are a private limited company registered in England and Wales under company number 14556248 whose registered office address is at of 5 Manchester Square, London, W1U 3PD.
   2. If you need to get in touch with us, you can use any of the following methods:
      Our Support Page: gradvisor.org.uk
                                      app.gradvisor.cloud
      Email: info@gradvisor.org.uk
      Post: 5 Manchester Square, London, W1U 3PD
   3. If we need to get in touch with you, we will do so by email (to the email address connected with your Account).
3. There are other terms that may apply to you
   1. These Terms refer to the following additional terms, which will also apply to your use of the Platform:
      
      1. our Platform Privacy Policy, which sets out details of how we collect, use and look after your personal data when you use the Platform; and
      2. our Cookies Policy, which sets out information about the cookies on the Platform.
4. Definitions
   
   1. In these Terms, the following words and expressions shall have the following meanings:

5. Setting up your account
   
   1. These Terms will come into effect at the time you click the button confirming your acceptance to the same and will continue until your Account is deactivated in accordance with Condition 17.
   2. By registering for an Account, you are warranting that:
      
      1. you are legally capable of entering into a contract with us;
      2. you are at least 18 years old, (please note, where you are under the age of 18, your Representative shall be required to set up the Account on your behalf and shall remain responsible for your use of the Platform);
      3. you are resident in the UK; and
      4. you agree to comply with these Terms, which are legally binding.
   3. You should only access the Platform and register for an Account if you have read these Terms and agree to them. If you do not agree to these Terms we will not allow you to use the Platform and you should not attempt to access it or register for an Account.
6. The Platform Licence
   
   1. Subject to Condition 6.2, we hereby grant you a limited, non-exclusive, non-transferable, revocable licence (without the right to sub-license) to access and use the Platform provided you follow all of the rules described in these Terms.
   2. The rights granted under Condition 6.1:
      
      1. start when you successfully complete the registration process for an Account on the Platform, and shall remain in place, unless terminated earlier in accordance with these Terms;
      2. are only for you personally and for non-business use only; and
      3. cover content, materials, or services accessible via the Platform, including all of our support resources. It also covers updates to the Platform unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
   3. You hereby agree and acknowledge that you are not allowed to:
      
      1. modify the Platform’s code in any way, including inserting new code, either directly or through the use of another piece of software;
      2. deliberately attempt to avoid or manipulate any security features of the Platform;
      3. access all or any part of the Platform in order to build a product or service which competes with the Platform; or
      4. pretend that the Platform is your own or make it available for others to access or use in whatever form (including by way of copying the code of the Platform and creating an independent version).
7. Privacy and Your Personal Information
   
   1. Protecting your personal information is important to us. You acknowledge that in order to gain access to your Account, we require certain personal information which you will have provided to us directly or given us permission to access from other sources. Our Privacy Policy, https://gradvisor.org.uk/privacy-policy, explains what personal information we collect from or relating to you, how and why we collect, store, use and share such information, your rights in relation it and how to how to contact us and supervisory authorities if you have a query or complaint.
   2. If you choose or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any other individual or third party.
   3. Please be aware that internet transmissions are never completely private or secure and that any
      message or information you send using the Platform may be read or intercepted by others, even if
      there is a special notice that a particular transmission is encrypted.
   4. By registering for an Account and/or using the Platform, you agree to us collecting and using technical information about your devices and your use of the Platform to improve the Platform and to provide the Platform to you.
8. Collection of Technical Information
   We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the Platform. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
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9. Location Data
   The Platform may make use of functionality on your device that can locate your approximate location (based on your IP address).
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10. Acceptable Use
    
    1. You must:
       
       1. use the Platform and its functionality in accordance with these Terms;
       2. keep your password and login credentials for your Account secure and confidential; and
       3. do all you can to prevent any unauthorised access to, or use of, the Platform and, if you become aware of any such unauthorised access or use, you shall promptly notify us.
    2. When creating and/or accessing your Account and/or the Platform you shall not:
       
       1. download, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means;
       2. distribute, sub-license, sell, rent, lease, loan, provide or otherwise make available the Platform in any form, in whole or party to any person without our prior written consent;
       3. translate, merge, adapt, vary, alter, modify or otherwise deal in or encumber the whole or any part of the Platform or permit it to be combined with, or become incorporated in, any other programs except as necessary to use the Platform on your device(s) as permitted by these Terms;
       4. reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform;
       5. access or use the Platform in order to provide services to third parties or attempt to obtain, or assist third parties in obtaining, access to the Platform; and
       6. access all or any part of the Platform, including your Account in order to build a product or service which competes with the Platform.
11. Uploading of Content
    
    1. Where you are uploading Your Content to the Platform:
       
       1. you agree and acknowledge that we may use automated tools and manual review processes to verify, screen and monitor all user-generated content (including Your Content) to ensure that it complies with the standards set out in Condition 11.1.2. Whilst we strive to detect and remove content which does not comply with such standards, we cannot guarantee that any such content will be immediately identified or removed;
       2. you shall ensure that Your Content:
          
          1. is entirely truthful and accurate to the best of your knowledge and reflects your honest and genuine experiences;
          2. is not misleading, untrue, unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, discriminatory or racially or ethnically offensive;
          3. does not facilitate illegal activity, depict sexually explicit images or promote unlawful violence;
          4. is not discriminatory based on race, gender, colour, religious belief, sexual orientation or disability;
          5. is not otherwise illegal or cause damage or injury to any person or property;
       3. you hereby agree and acknowledge that you are entirely responsible for Your Content and that you may incur liability if any of Your Content breaches the standards set out in Condition 11.1.2.
    2. You may report any Content or behaviour that you find objectionable or abusive. To report, please contact us using the contact details set out in Condition 2.2. We will aim to review and respond to reports of objectionable or abusive content or behaviour within 3 business days (however, please note that such timeframes are an estimate only). If any reported content or behaviour is found to violate these Terms in any way, we may exercise such rights or take such action as set out under Condition 12.
12. Our Rights
    
    1. We reserve the right to remove any Content (either temporarily or permanently) where we believe such Content does not (in any way) comply with these Terms.
    2. We may (at our discretion) deactivate, suspend or terminate (for such time as we may consider appropriate) access to your Account and/or access to all or part of the Platform, at any time if you are in breach of these Terms and if such breach can be remedied, you fail to remedy the same when given a reasonable opportunity to do so.
    3. We may also suspend your Account and/or your access to the Platform:
       
       1. to deal with technical problems, make technical changes or for maintenance; and
       2. to update your Account and/or the Platform to reflect changes in relevant laws and regulatory requirements.
    4. We may at our sole discretion update (either automatically or otherwise), modify, suspend or discontinue the Platform at any time.
    5. We may amend or update these Terms from time to time to reflect changes in the Platform’s functionality, to deal with a security threat or if there is a change in relevant laws, regulatory requirements or guidance.
    6. You will be notified of any material changes in advance by email. If you do not accept the changes, you will not be able to use the Platform. By continuing to use the Platform following such updates, you agree to such update and to comply with these Terms as updated or amended.
13. Limitations to the Platform
    
    1. You hereby agree and acknowledge that:
       
       1. the Platform:
          (a) has not been developed to meet your individual requirements. You should check that the Platform meets your requirements;
          (b) may not be error, fault, Virus or bug free or free from malicious code or compatible with any third-party software or equipment; and
          (c) may be subject to limitations, user parameters, delays and other problems inherent in the use of the Platform;
    2. we do not accept any responsibility or liability in relation to any content on the Platform apart from the content which we ourselves have created; and
    3. we make no representations, warranties or guarantees, whether express or implied, in relation to the accuracy, reliability, completeness or truthfulness of the Platform, and that the Platform is provided for information purposes only is not intended to amount to any advice on which you should rely and that you are entirely responsible for any conclusion or opinion which you draw from the Platform.
14. Intellectual Property Rights
    
    1. Subject to Condition 14.5, we and/or our licensors own all Intellectual Property Rights in the Platform. Except as expressly stated in these Terms, these Terms do not grant you any rights to, or in, any Intellectual Property Rights in respect of the Platform.
    2. Subject to you creating an Account, we give to you a limited licence to use the Platform, provided that you comply with these Terms and subject to the following:
       
       1. the licence granted to you is for your personal and domestic use only. You must not use the Platform for commercial, business or resale purposes;
       2. the licence granted to you is non-exclusive; and
       3. you must not conceal, change or remove any markings which show who owns the Platform or the Content, such as copyright (©), registered trade mark (®) or unregistered trademark (TM) markings, or try to circumvent any digital rights management or technical protection measures put in place to prevent you from using the Platform or the Content in
          a way that you are not allowed to.
    3. The licence granted under Condition 14.2 starts as soon as you create an Account.
    4. If you do not comply with any term in this Condition 14, we have the right to end the contract with you and terminate the licence granted to you under Condition 14.2 immediately by sending an email to the address attached to your Account.
    5. We do not claim ownership of Your Content, and you agree to grant us a perpetual, non-terminable, non-exclusive, fully paid and royalty-free licence to use, reproduce, copy, process, publish, display and distribute Your Content.
    6. You agree to indemnify us against all liabilities, losses expenses and damages which we suffer or incur in connection with any claim made against us for any actual or alleged infringement of any third party’s Intellectual Property Rights arising out of or in connection with Your Content.
15. Our Responsibility to you
    
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
    2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
    3. The Platform is provided in the same form to all our users. It is your responsibility to make sure the Platform meets your individual needs, whether or not these have been discussed with us, and to ensure that the Platform will be compatible with any other software or service or any hardware or equipment.
    4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, our liability for fraud or fraudulent misrepresentation.
    5. We are not liable for business losses. The Platform is for domestic and private use only, by you. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. Failures of Networks or Hardware
    The Platform relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection and your device, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the Platform due to a poor internet connection, faulty components in your device or anything else that it would not be reasonable to expect us to control.
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17. Closing Your Account
    
    1. You can close your Account by adjusting the relevant settings within the Account or sending us an email request to close your Account.
    2. On the deactivation of an Account, all licences and rights granted to you under these Terms shall immediately cease and automatically terminate and you will no longer be able to access or use the Platform.
    3. Deactivation and closure of an Account shall not affect any rights, remedies, obligations or liabilities that either you or we have accrued up to the date the Account was closed, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination and any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after closure of the Account shall remain in full force and effect.
18. Ending These Terms
    
    1. We can end these Terms (and therefore our contract with you), if you do not comply with any part of these Terms.
    2. We will give you reasonable notice before we end these Terms but if what you have done is serious then we may end these Terms immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the Platform or doing anything else that we think presents a big enough risk to justify us ending the contract quickly.
       
       1. The consequences of these Terms ending are as follows:
       2. all rights granted to you under these Terms shall cease;
       3. you are no longer allowed to use or access the Platform and we may remotely limit your access to it; and
       4. we may delete or suspend access to any accounts that you hold with us.
19. General
    1. Events outside our control. We shall not be deemed to be in breach of these Terms or otherwise liable to you in any manner whatsoever for any failure or delay in performing our obligations under these Terms due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
    2. Transferring the Terms. We may transfer our rights and obligations under these Terms to another business without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. Third Parties. No one other than us or you have any right to enforce any term of these Terms.
20. Governing Law and Jurisdiction
    
    1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the English law, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
    2. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.