Terms & Conditions

TERMS OF USE – PRIMARY KNOWLEDGE CURRICULUM (PKC)
Date last revised: December, 2022
These Terms form a contract between you (as a subscriber user) and PRIMARY KNOWLEDGE CURRICULUM (we/us/our). They apply to your individual use of the PKC platform available at https://www.primaryknowledgecurriculum.org/ (PKC).
PKC is owned and operated by us. Primary Knowledge Curriculum is a trading name for the UK registered company, KST Enterprises Limited (company number 12000639) and our registered office is at The West London Free School, Cambridge Grove, London, United Kingdom, W6 0LB.
These Terms set out the terms on which you agree to access PKC. By accessing PKC, you agree to be bound by these Terms and to comply with them in full. If you don’t accept these terms, you must not use PKC.
We may amend these Terms at any time (with or without notice to you). You should check regularly (to understand the terms that apply at that time) and you may wish to print a copy of these Terms for your future reference. If you have any related queries, please contact us at pkc@ks-t.org.
1. Functionality
1.1. The primary function of PKC is to provide you with education and knowledge-based content for your staff to use for training and curriculum delivery. It provides a range of subject modules whose content includes: lesson plans, subject/unit rationales, knowledge organisers, curriculum maps, resources to support with conducting assessments, and further supporting documentation.
1.2. Additional functionality includes access to training courses to support with the continuing professional development of your staff members. Continuing professional development courses are subject to an additional cost, detail of which can be found at https://www.primaryknowledgecurriculum.org/cpd/.
2. Definitions
2.1. In these Terms:
“Account” is a unique account granted to each School and subsequently its Users for access to, and use of, PKC;
“Account Details” refers to the unique username and password issued to Users for access to their Account;
“Content” means all and any resources which are made available (including making available to download) to each School and its Users on PKC for educational and training purposes including but not limited to, lesson plans, subject/unit rationales, curriculum maps, assessment and teaching resources.
“IP Rights” includes patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights (registered or unregistered), applications, rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist (now or in the future) in any part of the world.
“School” refers to the school and/or trust as our customer and the licence holder for access to PKC;
“User” means any legitimate, authorised natural person to whom Account Details for access to PKC are disclosed in accordance with these Terms;
3. PKC Content access
3.1 Access to PKC is granted once you select the “Sign Up” function on our webpage and provide your details and select the package you require for your needs.
3.2 Our PKC Account dashboard displays the different types of modules available to you. The Content accessible will be dependent on the type of subscription package you have selected as part of the registration process. Each School will have a main account to set levels of access, manage Users and open teacher Accounts on behalf of each staff member.
3.3 Each School will input contact details (name and e-mail address) of staff members in order to open a teacher Account on their behalf. Account Details are then issued to Users for them to gain access to the PKC, subject to these Terms. We reserve the right to withhold access to PKC to any nominated User for any reason (specified or otherwise).
3.4 Where User’s details change at any time, or such person leaves the School’s employment or otherwise no longer requires access to PKC, you must notify us as soon as practicable upon becoming aware that access may no longer be required. You may remove Users who no longer require access, or you can notify us and we can do so.
3.5 Account Details are personal to each User and the data you can access on PKC is confidential and personal. You must therefore keep the details confidential, secure, and not share them with anyone else. You must only create one Account per User.
3.6 If you consider that the Account Details have been compromised at any time, you must tell us immediately on the contact details set out above. We will then either disable or suspend the Account and reset the Account Details.
3.7 PKC access is conditional on compliance with these Terms in full. We may suspend or disable access (temporarily or permanently) where:
3.8.1. a School, or any User on its behalf, breaches any of these Terms (whether we notify you in advance or otherwise);
3.8.2. we no longer have a subscription package in place with the School;
3.8.3. we need to protect the integrity of PKC;
3.8.4. we need to safeguard our reasonable interests, or those of our other Schools and their Users.
3.8 The PKC access is granted on an “as is” basis, provided for convenience only. We have no obligation to you to ensure the continued, uninterrupted availability of PKC to any School or its Users.
3.9 You are responsible for ensuring that your systems are functional, able to access the Internet, and meet the requirements necessary to access PKC, and that all Users are accessing PKC and that any Users that no longer require access (such as departing staff) are removed.
4. Limited access licence
4.1 We grant to you a limited, revocable, non-exclusive, non-sublicensable and non-transferable, access licence to access and use PKC (subject to these Terms) for Content access and other lawful purposes. Any other use of PKC is prohibited.
4.2 We (and our licensors) reserve all rights in PKC. You agree that these Terms do not grant you any rights in, or licences to, PKC (other than the limited licence granted in section 4.1).
4.3 In using PKC, and gaining access to any of its functions, dashboards, services and Content, you agree that you will not:
4.3.1 violate (or assist any other party to violate) any applicable law, statute, ordinance or regulation;
4.3.2 intentionally try to defraud us or any other user(s);
4.3.3 intentionally try to uncover and disclose confidential information, trade secrets, etc;
4.3.4 provide false, inaccurate or misleading information;
4.3.5 take any action that interferes with, intercepts or expropriates any system, data or information;
4.3.6 transmit or upload any virus or other malicious software or program;
4.3.7 attempt to gain unauthorised access to other Accounts, PKC (or its related or underlying networks or systems);
4.3.8 use PKC on behalf of any third party (or otherwise act as an intermediary between us and third parties) where for a fee or otherwise;
4.3.9 defame, harass or violate the privacy or IP Rights of us or any other User (or the organisations they represent);
4.3.10 only access Content that is relevant to you (directly or indirectly); or
4.3.11 modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute or create any derivative works based on PKC (in whole or in part).
5. Payment
Access to PKC is always conditional on your payments to us being up to date. We will invoice you separately in connection with your subscription.
6. Third party content
PKC grants you access to knowledge based and curriculum focussed Content, resources and information which has been reviewed and approved by us. However, where PKC Content contains links to other websites or third party resources or information hosted externally within it, this should not be seen as approval by us of the information you may obtain from them.
7. IP Rights
7.1. PKC, the PKC domain name, and any related logos, trade or service marks, are IP Rights belonging to us absolutely (whether registered or not). Nothing in these Terms expressly grants you (or is intended to imply in your favour) any rights or titles to, or interests in, these IP Rights (or to use any of the same). You may not copy, imitate, or use such marks or IP Rights without our prior written consent.
7.2. All rights and interests in, and titles to, PKC, and all technology and any Content created by us, or derived from PKC, is our (or our licensors’) exclusive property. This extends to any improvements or modifications we make to PKC at any time. All Content are works protected by copyright laws and treaties around the world. All such rights are reserved to us and your rights to use this Content are only as set out expressly in these Terms.
7.3. Any IP Rights in any logos, trademarks, or trade or business names, that are displayed on PKC belong to us or our partners. Any rights for you to use their IP Rights will be granted to you by them (not us).
7.4. All IP Rights in the Content published and accessible on PKC is owned by us. All Content are works protected by copyright laws and treaties around the world. All such rights are reserved to us.
7.5. Any Content which is downloadable shall be identified as such and all Content may only be used in accordance with the restrictions set out in section 4.
7.6. Our status (and that of any identified contributors) as the authors of the Content on PKC must always be acknowledged in the distribution of presentation of any such Content. Any Content which is printed off or downloaded must be modified or adapted for educational learning purposes only.
7.7. If any of the Content from PKC is printed, copied, modified, downloaded, shared, or reposted in breach of these Terms, your Account shall be suspended or disabled immediately without right to refund of fees paid in advance and copies of any such Content must, at our option, be returned or destroyed.
8. Data protection
8.1 All personal data that is processed has been uploaded either by you directly, or your organisation (our customer) to set up your Account. You are therefore responsible for any personal data that you do upload and by doing so, you warrant to us that you have the consent of the data subject to do so. We only host the uploaded data on PKC; we do not have access to it and we are not responsible for ensuring the accuracy or completeness of any data you upload, nor do we use, analyse, amend or aggregate it in any way. We only monitor it for the purposes of administering your Account(s) and where necessary to enforce any of these Terms.
8.2 All personal data you upload to PKC is hosted by us in accordance with our privacy policy, available on our website at https://www.primaryknowledgecurriculum.org/, which you are deemed to have accepted by uploading such personal data.
8.3 All personal data relating to your Account is accessible by our staff who have administrator level access who need to know to manage and administer your Account.
8.4 If we discover that any of your personal data processed by PKC is lost, destroyed or becomes damaged, corrupted or unusable, we will notify you promptly upon discovery.
8.5 Personal data will not be shared by us with third parties (other than where necessary to enforce these Terms).
9. Liability
9.1. These Terms apply to you personally. You also agree to be liable to us for any breach of these Terms by any User to whom you grant PKC access. We may also pursue Users personally for breaches separately.
9.2. You are responsible for any loss, damage or claim that we or you may incur as a result of your failure to keep Account Details secure.
9.3. We shall not be liable to you for any failure to use or access PKC (in whole or in part), and any related business interruption, any loss of data or information, or wasted time or expenditure that you may incur (or that may arise) under or in connection with your access to the PKC pursuant to these Terms.
9.4. We shall not be liable to you or any individual Users for any acts or omissions, or decisions made in response to your (or their) use of or access to the Content which is accessed and/or downloaded from PKC.
9.5. We shall not be liable to any individual Users personally in addition to any liability that we may have to you in connection with your use of PKC.
9.6. Nothing in these Terms:
9.5.1. excluded or limits our liability to you in any way that would be unlawful or unreasonable to do so (including for fraud); or
9.5.2. shall make us liable for any failure of PKC, or delay in your access to PKC, arising from any abnormal or unforeseeable circumstances that fall outside of our reasonable control (including failure of any third party server, systems or networks on which PKC is hosted).
10. Termination
10.1 The duration of your subscription is as agreed with you. On or before the expiry of your subscription, we may contact you to discuss whether you wish to no longer renew your subscription with PKC for a subsequent period. Unless you notify us prior to expiry, your subscription will automatically renew from the date of its expiry for a subsequent period of equal duration.
10.2 Once your subscription expires, access to PKC will cease from the end of that academic year and you will no longer be able to access your Account.
10.3 Where your Account terminates, the provisions of these Terms that (by their very nature) are to continue following termination, will continue to apply to you with full force and effect.
11. Discrepancies
11.1. If you have a problem with your Account, or use of PKC generally, we would prefer you to contact us in writing in the first instance, before considering external advice or support. When contacting us, you should specify (in sufficient detail) the nature of the problem and how it came to your attention, so that we can identify the most efficient way to resolve it.
11.2. Whilst we will endeavour to investigate and resolve any error or inaccuracy promptly, we make no guarantees as to any turnaround time and time shall not be of the essence in this regard. Whilst any dispute remains unresolved, the provisions of these Terms remain in force.
12. General
12.1. Notices – any notice under or in connection with these Terms or relating to your use of, and access to, the PKC shall be given to you in writing (which may be by email). If you wish to contact us at any time, you should do so using the details specified above.
12.2. Entire agreement – these Terms constitute the entire agreement between you and us relating to your use of the PKC, and they supersede (and extinguish) all previous agreements and understandings between you and us (written or oral) relating to your use of PKC (if any).
12.3. Third party rights – Nothing in these Terms confers any rights on any person who is not a party to it.
12.4. Assignment – these Terms, and any Account Details, are personal to each User individually. Neither may be assigned, transferred or otherwise charged by you in any way. We may assign, transfer, mortgage, charge or deal in any other manner with any (or all) of our rights and/or obligations under these Terms and will notify you in advance of our intention to do so.
12.5. Waiver – No failure by us to exercise any right or remedy provided under these Terms (or at law) will constitute a waiver of that right or remedy or prevent (or restrict) the further exercise of that (or any other) right or remedy.
12.6. Severance – If any section (or sub-section) of this contract is (or becomes) invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted without affecting the validity or enforceability of the remainder.
12.7. Feedback – We always appreciate your feedback and other suggestions about our products and services. We may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. We are also free to reproduce, use, create derivative works from or publicly display such feedback.
12.8. Governing law – these Terms and your use of PKC, and all matters arising from or connected with it or those documents, are governed by English law. Any contractual or non-contractual dispute between us and any Authorised User will be subject to the exclusive jurisdiction of the English courts only.