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Is this even legally enforceable ?
Party A make agreement with party B that party C doesn't get to see but must abide by ?
(Not to mention a load of stuff later about them owning the IP and moral rights)
This App has about the worst possible reviews it seems absolutely dire... and I don't think its going to work on my phone in any case but in order to use the browser version I have to agree to what seem like a very unreasonable contract.
2 Agreement
2.1 We have entered into an agreement with the entity (the "Institution") that has granted you
a username for use of the Arbor System. Under our agreement with the Institution we have
granted the Institution certain rights in relation to the Arbor System, which includes the
right for the Institution to grant access rights to certain individuals (“you”), subject to those
individuals agreeing to these Terms of Use.
2.2 In consideration of you agreeing to abide by these Terms of Use, we agree to make the
Arbor System available to you to use on behalf of the Institution or as a Customer of the
Institution, subject always to the terms and conditions of the agreement between us and
the Institution ("Agreement").
2.3 We may modify these Terms of Use at any time and at our sole discretion by informing
you. The terms and conditions of the Agreement are incorporated herein by this reference.
By Arbor, does it mean Arboriculture as in Trees / management thereof? If so, I can deliver you a much better one with some very clear and simple t&cs. Drop me a line 🙂
Party A make agreement with party B that party C doesn’t get to see but must abide by ?
Unless they have a direct contractual relationship with C, C has zero obligation to A.
NB Very common for contracts to breach statute and hence be unenforceable - the idea is that most people will just back down when shown the T&Cs rather than continue their complaint. Eg most H&S waivers aren't worth the paper they are written on, but everywhere has them.
@footflaps... thanks that's what I thought...
I'm not a solicitor but that seems to break just about any part of contract law from every direction.
Not to mention this seems rather drastic...I guess they expect people either don't read the T&C's or don't have a choice unless they change schools. (App Reviews seem to indicate the system is so bad people are considering it)
3.8 You hereby grant to us a worldwide, non-exclusive, sub-licensable, royalty-free, perpetual
licence to use, adapt, publish, translate, copy, distribute and display any and all User
Content generated by you, or any part thereof.
@Krypton57
Sadly it's the new school system. The reviews are truly dire...
It's an app in the education sector isn't it?
From the time Mrs BigJohn was a teacher any and all educational software seemed to go out of its way to contradict or ignore any normal conventions. They like to do things their own way.
Ask for their data protection agreements, consent from a minor information, tracking and age appropriate design, from the school. As they are the data controller of the student personal data, they have to provide details on how the personal data is being protected in the transfer to the third party provider.
If no joy, talk to the ICO
https://iapp.org/news/a/advocates-claim-edtech-providers-violate-uk-childrens-code/
It’s an app in the education sector isn’t it?
From the time Mrs BigJohn was a teacher any and all educational software seemed to go out of its way to contradict or ignore any normal conventions. They like to do things their own way.
I don't disagree and I wasn't expecting miracles but check the reviews on this by people forced over from the other ones... (we have edulink at the moment and scopay ) and it's not exactly great but this seems like its fallen off the bottom if I read the reviews... many/most of the reviews are from others who accept it's a fairly low bar.. but this doesn't even seem to have had any form of UAT
Two warning flags for me are...
a) what footflaps wrote ...
the idea is that most people will just back down when shown the T&Cs rather than continue their complaint
doesn't engender trust from me...
b) obviously these things are not always the best to start with and need some work and config but the email I got sent is so poor they obviously haven't... (it's obviously a form email where they either didn't fill out <<insert here>> or the app didn't pick it up (and I'm leaning towards the latter as the school name is missing from some places and not others)