These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Rascalsoft and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- and reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
One school per account
Each school account set up through Parent/Teacher Appointments is assumed to be for one school only, where “school” is defined as a building or buildings operated at a single physical address. Schools which are found to be sharing their account are subject to revocation of the license to use the website without refund.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Rascalsoft’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Rascalsoft’s express written consent.
Access to certain areas of this website is restricted. Rascalsoft reserves the right to restrict access to areas of this website, or indeed this entire website, at Rascalsoft’s discretion.
If Rascalsoft provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Rascalsoft may disable your user ID and password in Rascalsoft’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Rascalsoft or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Rascalsoft reserves the right to edit or remove any material submitted to this website, or stored on Rascalsoft’s servers, or hosted or published upon this website.
Notwithstanding Rascalsoft’s rights under these terms and conditions in relation to user content, Rascalsoft does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Rascalsoft makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Rascalsoft does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
If you have paid for a subscription to the website, if you are dissatisfied for any reason within the first 30 days, a full refund will be provided. Rascalsoft will make attempts to provide this refund in a timely manner but is under no obligation to do so in an immediate fashion. Refunds are not provided after the initial 30 days of an annual subscription.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Right to terminate accounts
With regards to unpaid accounts, Rascalsoft reserves the right to disable and/or remove the account at any time. In general, written notice via email to the administrators on record will be given prior to the account being disabled or removed.
Rascalsoft also reserves the right to disable and/or remove paid accounts at their discretion. Written notice via email will be given to the administrators on record prior to the account being disabled or removed. If the account was not in infringement of the policies set forth in this document, a full refund to the payer will be offered for the current year’s subscription regardless of how long the website was subscribed to. If the account was found to be infringing on the policies set forth in this document, the refund amount will be decided upon by Rascalsoft, and may consist of no refund at all.
Limitations of liability
Rascalsoft will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Rascalsoft has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Rascalsoft’s liability in respect of any:
- death or personal injury caused by Rascalsoft’s negligence;
- fraud or fraudulent misrepresentation on the part of Rascalsoft; or
- matter which it would be illegal or unlawful for Rascalsoft to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Rascalsoft has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Rascalsoft’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Rascalsoft’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Rascalsoft.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Rascalsoft and undertake to keep Rascalsoft indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Rascalsoft to a third party in settlement of a claim or dispute on the advice of Rascalsoft’s legal advisers) incurred or suffered by Rascalsoft arising out of any breach by you of any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Rascalsoft’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Rascalsoft may take such action as Rascalsoft deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Rascalsoft may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Administrators of record will be notified by email of any changes to this document if and when they are made.
Rascalsoft may transfer, sub-contract or otherwise deal with Rascalsoft’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with United States and Indiana State Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Indiana.
Rascalsoft is registered in Hamilton County, Indiana under registration number 2015051646.
You can contact Rascalsoft by email at firstname.lastname@example.org