Terms and conditions for using the Boxall Profile Online

Thank you for using the Boxall Profile Online. Access to and use of the website and the information, materials, and services available through the website are subject to all applicable laws and regulations and to the following Terms and Conditions (Ts&Cs).

By accessing and registering on this website, you agree to these Ts&Cs, which form a legally binding agreement. If you do not agree, please exit this website.

About us

The Boxall Profile Online (https://boxallprofile.org - the website) is owned and operated by The Nurture Group Network Limited, trading as nurtureuk, the UK's leading charity specialising in the practice of nurture and nurturing interventions. Our registered charity numbers are Registered England and Wales charity number: 1115972; Scottish registered charity number: SC042703. For more information about the charity, please click here.

About your data

It is important that you are aware of the following terms and conditions before starting using the website. In particular, that you understand that:

Changes and updates to the Ts&Cs

These Ts&Cs may be changed by us from time to time with or without notice to you. The latest Ts&Cs will be posted on the website, and you should always review these Ts&Cs prior to using the website to ensure that you have a current understanding of the Ts&Cs under which you are permitted to access this website. If you cannot access the Ts&Cs via the Internet, we can provide a copy of the most recent Ts&Cs by e-mail upon request at hello@boxallprofile.org.

For any questions regarding these Ts&Cs, you can email us at hello@boxallprofile.org.

Definitions

In these Ts&Cs:

Nurtureuk, we, us, our and ours mean nurtureuk.

Service means the service provided by us through the website.

Registered user means a person who signs up with us to access the website or service through a user account, or was previously a service user.

Service user means a user who is eligible to use the service or access information related to the service as part of a subscription or through the purchase of tokens or trial use.

Administrator user means a service user who manages all the users and all data of a subscribing organisation.

Boxall Profile (BP), profile, assessment mean an assessment produced by a service user.

EBP and unique reference means the unique reference given to the subject of an assessment.

Pupil, pupils, child, children, young person and young people mean anyone being assessed with a profile by a service user.

Token means a token purchased by a registered user to use the service and entitling this user to one assessment. When signing up only, a token means the free trial for the first Boxall Profile and the learning plan.

Subscription means access rights purchased by a subscribing organisation to use the service for the expected subscription period.

Subscription period means the period for which access rights to the service are initially granted by the purchase of a subscription (usually one year).

Subscription end date is the date of the last day of the subscription period.

Renewal date is one day after the subscription end date.

Subscribing organisation means an organisation that has purchased a subscription for service users to use the service within the organisation for the subscription period.

Buying tokens to use the service

By purchasing a token, a user gains the limited right to use the service to produce a profile, subject to any restrictions elsewhere in these Ts&Cs.

Buying subscriptions to use the service

When your organisation subscribes to the service, it agrees to pay the subscription fee available on the website at the moment of purchase or the fee agreed as part of a nurtureuk tailored package.

Payment of subscription fees shall be due immediately and payment will be made via the website. The website does not accept requests to make payment via invoice. Upon payment, we provide a full receipt of payment which is visible via your account. Subscriptions are non-refundable.

We reserve the right to terminate the subscription and prevent service users within your organisation from using the service if the payment fails.

Subscription fees may vary from time to time as we consider appropriate. Once your organisation has subscribed, the subscription fees you pay will apply for the whole of the subscription period. We will apply any revised fee only at the renewal date for the subscription.

The subscription period starts on the date of purchase and ends on the subscription end date. Subscriptions operate on an automatic-renewal basis, but it can be cancelled for future payments through the payments area of the account at any point. We will attempt to take payment within three days of the renewal date. Automatic renewals can be refunded in maximum 30 days from the renewal date if not used during this time, and only for the last renewal payment.

By purchasing a subscription, your organisation gains the limited right to administer your subscription, and for users within the organisation to use the service to produce EBPs for the agreed subscription period, subject to any restrictions elsewhere in these Ts&Cs. For clarity, users within your organisation means users employed by, contracted to, associated with or volunteering for your organisation only, subject to any restrictions (for example on maximum pupil numbers) on your subscription at the point of sale. Users outside your organisation are not eligible to use the service as part of your subscription. For example, if the subscribing organisation is a school, only users working in that school are eligible to use the service under the subscription.

Suspension and termination of subscriptions and user accounts

We reserve the right to terminate your access to your user account if you commit any material breach of these Ts&Cs. For clarity, we reserve the right to suspend your subscription at any time if we suspect that users from outside your subscribing organisation are using your subscription, or if we suspect that the registration details of users within your subscribing organisation are being used by anyone else.

We reserve the right to terminate your subscription if administrator users or service users within your subscribing organisation commit any material breach of these Ts&Cs. For clarity, we reserve the right to suspend your subscription at any time if we suspect that users from outside your subscribing organisation are using your subscription, or if we suspect that the registration details of users within your subscribing organisation are being used by anyone else.

On termination of a subscription, any rights for administrator users to administer the subscription and service users within your subscribing organisation to use the service will cease.

If your user account is inactive for two years, we reserve the right to lock your account and archive your data. See the Data, Privacy and Cookies policy for further details on how we handle and use your data.

We reserve the right to archive all data older than five years. See the Data, Privacy and Cookies policy for further details on how we handle and use your data.

If your subscription is terminated early because of breach of these Ts&Cs, any payment you have made is not refundable, though we may, at our sole discretion, choose to refund part of the subscription fee.

Due to the sensitive nature of the information available on Boxall Profile Online that can be accessed by the members of a subscribing organisation, any unauthorised sub-licencing of a subscription is strictly prohibited. For clarity, we reserve the right to suspend a subscription at any time and/or reject any future purchases from the organisation if we suspect that users from outside your subscribing organisation are using your subscription, or if we suspect that the registration details of users within your subscribing organisation are being used by anyone else. Also, in such instances, nurtureuk has the right to refuse the provision of customer support service or any other services available otherwise to direct subscribing organisations. If you are unsure if nurtureuk has a specific sub-licensing agreement with the organisation/individual that you obtained the Boxall Profile Online subscription/access from, please get in touch so we can confirm this for you.

Responsibilities of users and administrator users

Users

As a user, you are responsible for complying with these Ts&Cs and maintaining the confidentiality of your registration details and password. You are responsible for immediately informing us of any use by another person of your registration details, or any suspected unauthorised use of your registration details. You are also responsible for the confidentiality of the profiles and any personal data you create by using the service. Based on your access rights as a user, you may have further responsibilities. We reserve the right to notify you of additional responsibilities from time to time.

Administrator users

Each subscribing organisation must ensure it has an administrator user at all times. As an administrator user, you are responsible for ensuring that details of the subscribing organisation, including contact and payment details, are up to date. You are responsible for ensuring that only service users working in the subscribing organisation are accessing the service under your subscription, and that these users can access only those EBPs and assessments that are relevant to them. You are also responsible for immediately informing us of any use by another person of your registration details, or any suspected unauthorised use of your registration details.

Modification and discontinuation of the website and service

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently all of any part of the service and the website, and the information, materials, products or services available through this website with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance.

Price and availability of information, materials, products and/or services are subject to change without notice, subject to restrictions elsewhere in these terms and conditions.

Eligibility, and services and information disclaimer

All references on this website to information, materials and services apply to information, materials and services available and applicable to the UK only, unless otherwise stated. This may apply to the Boxall Profile assessments, resources or any other information provided on the website. The website is intended primarily for users in the UK. If you are outside the UK and choose to use the website, you accept that the service and information may not be appropriate to your location. We cannot guarantee that we comply with all relevant laws in your location.

The service is intended only for use by professionals working with children in educational settings. You are not eligible to use the service if you are under 18 or if you are a research/commercial organisation. Unless otherwise indicated, the service is to be used solely to assess social emotional, behavioural and mental health difficulties (SEBD/SEMH) for children and young people and to support professionals in responding to pupils’ SEBD/SEMH. Assessments are designed to help professionals identify SEBD/SEMH in the children and young people they work with.

The results of the assessment need to be interpreted taking into account the full context of the pupils assessed, including their diagnosed and suspected mental health difficulties, learning difficulties or developmental difficulties (e.g. autism, attention deficit hyperactivity disorder, etc.), as well as any other relevant information that may affect the interpretation of the assessments.

By using the service, you acknowledge that these assessments are not a diagnostic tool for mental health disorders.

Warranty and exclusion of liability

We warrant that we shall exercise reasonable skill and care in providing the website and the service.

While we endeavour to ensure the availability of the website and the service at all times, we exclude liability for any lack of availability of the website and the service. From time to time, we may restrict access to the website for maintenance, or for any other reason.

We disclaim nurtureuk officers, directors, representatives, employees and volunteers disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, from the use and application of the Boxall Profile assessments and/or the website or service.

To the fullest extent permitted by applicable laws we, on behalf of our employees and volunteers, exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for your data backup and virus checking as you consider necessary on all devices you use to access the website or use the service.

We exclude all liability for any information and materials added or recommended by users.

Indemnity and release

You agree to indemnify, release and hold us harmless as well as our officers, directors, representatives, employees and volunteers from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Ts&Cs or your access or use of this website, the service, or any of the information, materials, products or services available through this website.

Intellectual property, trademarks and ownership of content

Unless otherwise indicated, this website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters (proprietary rights) related to this website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of nurtureuk.

We are only responsible for the content we upload to or recommendations we make on the website and not for the content uploaded by any user. We are not responsible for the content of the material added or cited by users without the permission of the rights owner or when shared with other individuals or organisations offline. When noticed there is an infringement of these rights, the rights owner of the materials should request us to remove their material off the website or any other user should contact the owner of the rights if wishes so for the same purpose. In addition, we are not responsible or endorse any recommendations made by any user of the platform when creating, completing or updating a learning plan for a specific pupil, whole-group or whole-class or any other learning plan.

You do not acquire ownership rights to any such proprietary rights viewed through this website. Except as otherwise provided herein, none of the proprietary rights may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. You should only download the information recorded on an Electronic Boxall Profile (EBP) to add it to a pupil’s personal file, share it with other adults working with this pupil or their parent/carer for the sole purpose of improving the SEBD/SEMH of that pupil. Permission is hereby granted to the extent necessary to lawfully access and use this website and/or the information, materials and/or services available on it, to display, download, archive and print in hard copy, portions of this website for the above-mentioned use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Ts&Cs. When there is no legitimate interest to keep the information, you must immediately destroy any downloaded, archived or printed materials.

The website and the nurtureuk name and its logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, unless otherwise noted, are trademarks of nurtureuk. All other trademarks, product names, company names, logos and trademarks mentioned, displayed, cited or otherwise indicated on the website are the property of their respective owners. You agree not to display or use the website and nurtureuk logo or other graphics or materials as above-mentioned in any manner without our prior written permission. You agree not to display or use trademarks, product names, names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the graphics or materials here identified or other trademarks, product names, organisations names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Hyperlink disclaimer

This website may contain links to websites maintained by unrelated organisations and individuals. A link to another website does not mean that nurtureuk approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website. We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed or implied about other websites which you may access through this website, the content thereof, or the products and/or services made available through such websites. If you decide to access those links, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Links from other websites

Any link to the website without our written permission is prohibited. Persons providing access to this website via links from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning the website and/or nurtureuk.

Authorisation by us to link to this website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this website at any time and for any reason. Anyone providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these Ts&Cs to the attention of the person receiving such access or information. Failure to do so will not result in a liability for us.

Data protection consent

Any data inputted, stored and processed on the website will be handled by nurtureuk according to our Data, Privacy and Cookies policy.

By agreeing to these Ts&Cs, you agree to the terms of our Data, Privacy and Cookies Policy, which you should read.

Any electronic communication or material you post or transmit to us over the Internet (e.g. via email, social media or any other form of electronic communication) is and will be treated as non-confidential and non-proprietary.

We reserve the right to monitor your communications with us whether by mail, voice, e-mail or any other form of transmission for the purposes of quality control, security and other business-as-usual needs.

Notwithstanding the foregoing, all personal data provided to us as a result of this website will be handled in accordance with our Data, Privacy and Cookies Policy. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this website or any website with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation. You may receive emails from us from time-to-time for administrative or communication purposes to inform you of any updates to the website, relevant changes to the Ts&Cs or to the data, privacy and cookies policy, relevant changes to your user account or any other change that may affect your experience on the website. These communications are part of accessing the website and cannot be opted out of receiving such notifications. Nurtureuk will endeavour to keep these communications to the minimum required.

Entire understanding

These Ts&Cs and the Data, Privacy and Cookies Policy contain the entire understanding between you and us, unless exceptional terms have been agreed with nurtureuk, with respect to this website and service, and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Ts&Cs shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Law and jurisdiction

These Ts&Cs are made under English law and this website is operated from England. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in any location. You agree that the courts of England & Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this website, and that the laws of England & Wales shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

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