Updated 29 December 2017

Engage School Management Systems (Pty) Ltd, a company registered in South Africa, is a wholly owned subsidiary of Double First Ltd, a company registered in England and Wales, United kingdom.

The websites www.engagesmis.co.za, www.doublefirst.com, https://support.doublefirst.com and other websites from time to time (‘Websites’) are owned and operated by Double First Ltd, and the services offered on and through the Websites and the Engage and Double First systems are offered to you by Double First Ltd (‘Double First’).

These Website User Terms apply to access to and use by you of the Websites. In addition, Double First Limited wishes to make available to Authorised Users (as defined below) a service whereby Authorised Users may download from the Double First Ltd website software upgrades and these User Terms apply in that case.

If you use this website, you agree you have read and understood the Website User Terms and agree to be bound and to abide by them. By accepting these terms you give your consent to the processing of your personal data in accordance with the Data Protection Act 1998.

We recommend that you print these Website User Terms and keep them in a safe place for future reference.

1. Definitions

1.1

  • ‘Authorised User’ the authorised licensee of a software program produced by Double First Limited;
  • ‘Company Group’ Double First Limited, and any other Subsidiaries.
  • ‘Competition’ a competition offered by Double First Limited on the Websites;
  • ‘Double First’ Double First Limited, a UK registered company number 03491759, whose registered office is Units 3 & 4, Andromeda House, Calleva Park, Aldermaston RG7 8AN, UK;
  • ‘Double First Contractors’ Double First, or Double First’s suppliers, subcontractors, and agents;
  • ‘Entrant’ a resident of the United Kingdom or Channel Islands who is aged 18 or over, excluding Company Group employees and any person involved in running Competitions;
  • ‘Intellectual Property Rights’ copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or not), know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world;
  • ‘Merchandise’ goods and services which may be purchased by an Authorised User from Merchants via third party websites linked to the Websites;
  • ‘Merchants’ third parties other than Double First;
  • ‘Privacy Policy’ Double First’s Privacy Policy relating to the Websites referred to in Clause 8.4;
  • ‘Software’ the downloadable software available to Authorised Users on the Double First Ltd website;
  • ‘Subsidiary’ has the meaning as provided under Section 736 of the Companies Act 1985 as amended;
  • ‘the Act’ Data Protection Act 1998;
  • ‘User Terms’ these terms and conditions;
  • ‘Website’ Double First Ltd’s website at www.doublefirst.com, its online Support Centre and its Share Ideas development portal;
  • ‘Website Services’ services offered via the Website;
  • ‘You’ means any person, firm or body corporate which accesses the Website including an Authorised User

2. User Terms

2.1 In accordance with the following User Terms, Double First, at its discretion, provides you with services (as set out below). You agree to comply with the conditions imposed on your use of the services, as set out in these User Terms and elsewhere in this Website.

2.2 Please read these User Terms carefully. They are a legal document and, if you wish to use this Website, you must agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:

  • Clause 7 – Your Responsibilities
  • Clause 8 – Consent to use Your Personal Information
  • Clause 9 – Limitation of Liability

2.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Website and do not use the Website in the future.

2.4 The Merchandise is subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not Double First) is solely responsible for the fulfilment of orders for any Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Website or from the Merchant via the Merchant’s website or otherwise is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that Double First shall have no responsibility, obligations or liability in relation to the Merchandise.

2.5 You further acknowledge that Double First is not responsible or liable directly or indirectly for any damage or loss whatsoever and howsoever arising or resulting from your use of or reliance on any content, material or goods or services available through, on or from any Merchant or Merchant’s websites. It is important that you check the privacy policy, terms and conditions of use and content of any website and/or Merchant’s information accessible to you from the Website.

2.6 If you register for any prize competitions, promotions or other give-aways on the Website separate terms and conditions which are located on the Website, shall also apply in addition to these User Terms.

3. Licence for Authorised Users to Use Material on the Website

3.1 Double First grants each Authorised User a non-exclusive right and licence (with no right to sub-licence) to copy, cache, store, use, display and communicate the Software and its contents for personal and non-commercial use. An Authorised User may not copy, distribute or redistribute the Software, including by caching, framing or similar means, or sell, resell, re-transmit or otherwise make the Software retrieved from our Website available in any manner to any third party.

4. Ownership of Intellectual Property Rights

4.1 Notwithstanding the limited rights granted to Authorised Users in accordance with Clause 3, Double First Contractors (as appropriate) shall retain all ownership, title and interest in the Intellectual Property Rights contained in the Software.

4.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via chat services, feedback, bulletin boards or articles or any other material submitted for publication on the Website or in using any of the Website Services (“User Generated Content”) may, in Double First’s absolute discretion, be retained as the property of Double First. Double First shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 7.

5. Duration of User Terms and Termination

5.1 These User Terms will remain in force until the earlier of the following:

5.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 3;

5.1.2 Double First terminates these User Terms by notice to you at any time in accordance with Clause 10.2; or

5.1.3 you terminate these User Terms by notice to Double First at any time in accordance with Clause 10.1.

5.2 In the event that these User Terms are terminated for any of the reasons stated above:

5.2.1 the licence granted to the relevant Authorised User in accordance with Clause 3 shall be terminated forthwith and such Authorised User shall have no further rights to use the Software;

5.2.2 an Authorised User must immediately delete or destroy any of the Software stored by such Authorised User in electronic or hard copy form; and

5.2.3 you will have no further rights to access or use the Website or the Website Services.

6. Double First’s Responsibilities

6.1 Double First undertakes to use commercially reasonable endeavours to prevent breaches of security of the Website.

6.2 Double First makes no representation or warranty that the Website or Website Services will be accessible, or useable by you or error free.

6.3 Double First will not be liable for any failure or interruption of the Website or any inability to access or use the Website or any features, products or services on the Website.

6.4 Double First reserves the right, without notice to you, to remove any Software and Website Services from the Website or to suspend or alter the operation of the Website or any Website Services, at its sole discretion or for legal or technical reasons. Double First will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be possible.

7. Your Responsibilities

7.1 You will use this Website in a lawful manner that is consistent with all applicable laws and regulations.

7.2 You are responsible for the security and use of any user names or passwords needed to access or use the Website or any Website Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Website or any of the Website Services using your user name or password. You take full responsibility for all information and instructions transmitted through the Website using your user name and/ or password. All such information will be considered sent and authorised by you. If you have authorise more than one individual to access the Website you must ensure that each such individual has a different password. If you do not ensure that this is the case Double First may refuse to give you access to the Website.

7.3 You will not use the Website or any of the Website Services as follows: to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound; to send or distribute multiple unsolicited emails or messages (‘Spam’) or to cause any other person annoyance, inconvenience or concern; for any purposes connected to any business, including sending any unsolicited advertisements or promotional material; to use or attempt to use any software, engine, or any other means to navigate or search this Website other than the navigation tools and search facilities available on this Website and general third party browsers; to carry out any activities in relation to ‘screen scraping’ or ‘database scraping’ to obtain lists of users, URLs, Internet Keywords or other information; to access the Website by any means other than through the interface that is provided by Double First for use in accessing the Website; to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website; to do anything which imposes an unreasonable or disproportionately large load on the Website’s infrastructure; to interfere with or disrupt the Website and/or Website Services or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or to collect or store personal data about other users of this Website whether or not for commercial purpose without their consent, and in particular the posting of phone numbers, addresses or any other private information without the express permission of that individual is not permitted. Processing of personal data is regulated by the Act in the United Kingdom.

7.4 You agree to indemnify Double First against any claims, costs, expenses or legal proceedings caused as a result of your use of the Website or Website Services in contravention of Clauses 7.1, 7.2 and 7.3 further in these circumstances, Double First shall be entitled to treat the contravention as a material breach of these User Terms and terminate forthwith your use of and authority to access the Website without notice to you.

8. Consent to Use Your Personal Data

8.1 For the purposes of the Act, you acknowledge that in the course of registering and using this Website and the Website Services, certain personal data about you will be captured electronically or otherwise and transmitted to the Company Group or Double First Contractors. By accepting these User Terms, you expressly agree to the transfer of such personal data to the Company Group and appointed Double First Contractors and to the use, storing and processing of the personal data for the purposes of providing the Website Services, communication concerning the operation and enhancement of your licenced software from Double First Ltd, and for marketing purposes by the Company Group. The data will not be supplied to third parties for marketing or other associated purposes and your data will be deleted if you cease to maintain a licenced edition of software from Double First Ltd.

8.2 For the purposes of the Act, the Company Group or Double First Contractor involved in the provision of the Website Services, does not send your personal data outside of the European Economic Area for processing.

8.3 You may revoke the consents given above in Clauses 8.1 and 8.2 by giving notice to Double First in accordance with Clause 10.1, but in those circumstances you must exit the Website and will have no further rights to access the Website or use the Website Services.

8.4 For more information about the purposes for which Double First may use your personal data and your rights under the Act, please read Double First’s Privacy Policy displayed on this Website.

9. Limitation of Liability

9.1 Double First does not limit its liability for death or personal injury that arises as a result of its or the negligence of its employees, or Double First Contractors, and the remainder of this Clause 9 shall not apply to such liability.

9.2 If Double First is adjudged by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Website or the Website Services, Double First’s entire liability shall be limited to the amount that you have paid to Double First in relation to the Website or the Website Services.

9.3 Double First shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations and as provided under clause 9.1) or otherwise for: any economic loss, including without limitation, loss of revenue, business, contracts, profits or anticipated savings; any loss of goodwill or reputation; any loss of data; or any special, indirect or consequential loss.

9.4 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

9.5 The Website may contain links to third party websites which are controlled and operated by parties other than Double First. The links will let you leave the Website and Double First is not responsible for any contents of any linked website or any link contained in a linked website. The inclusion of any link on the Website does not imply endorsement by Double First of the linked website. If you decide to access linked third party websites, you do so at your own risk.

10. Notices

10.1 You may send a notice to Double First, or any questions you may have concerning these User Terms by email to info@doublefirst.com or by writing to us at Double First Ltd, Double First House, Oxford Road, Yeovil, Somerset BA12 5HR, United Kingdom. Such notices will be effective within 3 days of receipt by Double First.

10.2 Double First may send you notice by general notice on this Website, by email to your email address on record with Double First, or by post to the postal address supplied by you. Such notice will be effective if sent by email or posted on the Website, 1 day from the date it was sent or posted on the Website. If sent by regular post, it will be effective 3 days after posting by Double First.

11. Competition Rules

11.1 All Competitions are open to any Entrant.

11.2 All Entrants must register for the relevant Competition by giving their correct name and address in the United Kingdom, together with their email address. By registering for the relevant competition, you acknowledge that you have read and agree to the provisions contained in Clause 8 regarding consent to use your personal information.

11.3 All Competitions shall be subject to terms and conditions as displayed on the Website in relation to each Competition.

12. General

12.1 These User Terms together with the Privacy Policy and any applicable Competition rules as appropriate form the entire agreement between you and Double First and supersede any other oral or written communications, agreements or representations with respect to your use of this Website and Website Services.

12.2 Double First reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Website. Double First will provide as much notice as possible prior to making any changes to the User Terms on the Website, but prior notice may not always be feasible for a variety of reasons. Your continued use of the Website or the Website Services following Double First’s posting of such changes will be regarded by Double First as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Website and not access or use the Website in the future.

12.3 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.

12.4 You acknowledge that Double First has entered into these User Terms for its own benefit and for the benefit of each Company Group and these User Terms are intended to be enforceable by each Company Group under the Contracts (Rights of Third Parties) Act 1999.

12.5 Subject to Clause 12.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms.

12.6 If Double First or any Double First Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Double First or the Double First Contractors, neither Double First nor any Double First Contractor will have any liability for that failure to perform.

12.7 Your use of the Internet is solely at your risk and subject to all applicable laws, and Double First has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.

12.8 Unless otherwise specified on this Website, the Software available on this Website is directed solely at those Authorised Users who access the Website from the United Kingdom. Double First makes no representation that any Double First Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Website and the Website Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.

12.9 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.

13. Registered Company Details

13.1 Company Registration Number – 3491759

13.2 Registered in England and Wales

13.3 Registered Address – Units 3 & 4, Andromeda House, Calleva Park, Aldermaston RG7 8AN, UK.

© Double First Limited. 2004-2017. All rights reserved.