Terms of Service

We are Inclusive Technology Limited, a company registered in England and Wales with company registration number 3525459. Our registered office is at Riverside Court, Huddersfield Road, Delph, Oldham OL3 5FZ and our registered VAT number is GB732822345. This page outlines the legal terms that apply to your use of HelpKidzLearn and any subscriptions, media or products you order from us. We've also set out what we do with any personal information we collect.

1. Contents of this Page

To help you find what you are looking for, we have divided this page into three (3) parts which you can access by clicking on the links below. These are: 

• Part 1 - Terms of Use - These apply when you access, browse and use our website or mobile application. You can view this section here.

• Part 2 - Sale Terms - These apply to any subscriptions, media or products that you order from us. You can view this section here.

• Part 3 - Privacy Policy - This explains what personal information we collect when you use our website or mobile application or when you use any of our subscriptions, media or products. You can view this section here. 

Contact us

If you need to contact us you can:

• phone our customer service team on +44 (0)1457 819790;
• send an email to us at [email protected] or;
• write to us at Riverside Court, Huddersfield Road, Delph, Oldham OL3 5FZ; or
• contact us through our enquiry form here.

If we need to contact you we will either phone you or write to you at the postal or email address you provided when you registered with us, or any other details you have provided to us. When we use the words "writing" or "write" in these terms, this includes emails. 

2. Your Status

In some areas on this page you will have different rights and remedies depending on whether or not you are a consumer (please take a look at the next paragraph if you are unsure what this means). For convenience, we have labelled the terms to show which apply to consumers and which do not. 

You are a consumer if you are an individual and you are using our website or purchasing from us for reasons that are wholly or mainly outside of your business or profession. We would not consider a school, education establishment, local authority, or district, for example, to be a consumer. 

Part 1 - Terms of Use

These Terms of Use apply to your use of HelpKidzLearn as well as our mobile apps (the "Site"). Please read these Terms of Use carefully as, by accessing, browsing, using or registering with our Site, you confirm that you have read, understood and agree to them. If you don't agree to these terms, you shouldn't use the Site. 

If you are entering into this Agreement on behalf of a company or other legal entity (including if you are School Personnel entering on behalf of our school), you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you", "your" or "User" shall refer to such an entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service. 

We recommend you keep a copy of these Terms of Use for future reference.

Changes to these Terms of Use 

We may make changes to these Terms of Use from time to time. Every time you use our Site, please check these Terms of Use to ensure that you understand the terms that apply to you at that time. 

2. Access to our Site

Availability

Our Site is made available free of charge. We can't guarantee that our Site, or any content on it, will always be available or uninterrupted. We may also suspend, withdraw or restrict the availability of all or any part of our Site, and update and change our Site for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. 

Your account

Certain features offered may require you to open an account. You are responsible for keeping your account information and password secret, so please don't share it with anyone. You are responsible for all activity that occurs under your account. If you know or suspect that anyone other than you knows your account information or password, you must promptly notify using the contact details above. 

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

We have the right to disable any account if in our reasonable opinion you have failed to comply with these Terms of Use. 

3. Acceptable Use and User Generated Content

When accessing our Site, you must only do so for lawful purposes and you must ensure that you act in accordance with the rules set out below. 

Rules

You must not:

• submit any content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, explicit or fraudulent, or that is intended to promote or incite violence, or impersonate other people;

• submit any content which you do not have the right to publish, such as any copyright material owned by someone else;

• submit any content containing another person's personal data (unless you are that person's legal guardian or representative and you are submitting such personal data on their behalf);

• submit any content that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks, or attack our Site through a denial-of-service attack, or similar;

• post links to other Sites containing any of the above types of content;

• frame or extract ('scrape') data from our Site, or create a link to any part of our Site other than the home page;

• attempt to gain unauthorised access to our Site, the server on which it is hosted or any other server, computer or database connected to the internet; or

• engage in any form of commercial advertising use, or use our Site for unauthorised mass-communication such as "spam" or "junk mail". 

You warrant that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your failure to comply. If you break any of these rules, your right to use our Site will also end immediately without any notice. 

We are allowed to, but do not have to, check any content submitted or created by you before or after you have posted it. We may remove, flag, or filter anything that we do not think is appropriate without notice or giving reasons to you. You are responsible for securing and backing up your content. The Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us. 

We are not responsible for viruses and you must not introduce them.

4. Links and Our Content

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We don’t have any control over the content of those Sites or resources. You should therefore not interpret it as approval by us of those linked Sites, or any information you may obtain from them. 

The content on our site is provided for general information only. You should not take anything on our Site as advice and you should obtain professional or specialist advice before taking, or refraining from taking, any action on that basis of the content of our Site. 

Although we make reasonable efforts to update our site regularly, some material on our Site may be out of date, incomplete or inaccurate. 

Except where the law allows, you must not reproduce, re-engineer, copy, duplicate or resell our Site or any content on our Site. Our Site and the materials on it are protected by copyright laws and treaties around the world. All rights and ownership in any of our content will at all times remain with us. 

5. Privacy

Where we process personal data we will do so in accordance with our Privacy Policy. 

6. Purchases

Different terms and conditions will apply to our liability and responsibilities where you purchase any subscriptions, media or products. You can view these terms and conditions here. 

These Terms of Use also apply to your use of our Site when you purchase any subscriptions, media or products, unless they conflict with our Sale Terms in which case the Sale Terms will take priority. 

7. Our Responsibilities to You

Whether you are a business or consumer:

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation. 
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Sale Terms. 

If you are a consumer user:

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage. 

8. Which Laws apply to Disputes?

If you are a consumer:

These Site Terms of Use are governed by English law. You must bring any legal proceedings in the English courts unless you are an EU resident, in which case you are also entitled to bring legal proceedings in the country in which you are resident. However, those legal proceedings will still be subject to English law. 

These Site Terms of Use won't affect any mandatory consumer protections that you have in the country in which you are located. 

If you are a business:

Any dispute or claim arising out of or in connection with these Site Terms of Use shall be governed by English law and subject to the exclusive jurisdiction of the courts of England. 

Part 2 – Sale Terms

These Sale Terms apply to any orders you place with us. Please read these Sale Terms carefully before ordering from us. By placing an order you confirm that you have read, understood and agree to these Sale Terms. If you do not agree to these Sale Terms, you must not place an order. 

1. Purchases

You can order the following things on our Site:

• "Subscriptions" subscriptions to our content (e.g., online games, activities and tools);
• "Media" which is our content on a standalone basis (e.g., downloads); and
• "Products" which are products (e.g., hardware or equipment).

2. Placing Orders

To purchase Subscriptions, Media or Products from our Site you must be at least eighteen (18) years of age. This doesn't prevent them being used for the benefit of people under the age of eighteen (18). 

To make a purchase through the Site, simply browse through the Subscriptions, Media and Products featured and click on the items that you wish to buy to add them to your shopping cart. After you have finished shopping, click on "Checkout" and you will be asked to log in or create a personal account before providing additional details that we need to satisfy your order. Your order will be placed when you click on the button marked "Confirm and Pay". 

Our acceptance of your order will take place when we email you with an acknowledgment that it has been received and will provide you with an order number. Once we accept your order in full or in part, it creates a legally binding contract between you and us which will be subject to these Sale Terms. If you need to contact us about your order, it is helpful if you can give us your order number. 

If we are unable to accept your order in full or part, we will inform you of this. For example, this might be because the Subscription or Media is not currently available, the Product is out of stock or because we have identified an error in your order or payment information. 

3. Subscriptions and Media

Each Subscription is for an initial period of twelve (12) months from the date on which we email you to confirm you have access to the Subscription, and will automatically renew for successive renewal periods of twelve (12) months unless you tell us otherwise before the renewal date. You may inform us that you do not wish for the Subscription to renew at the time you place your order or you may later disable the auto-renewal of a Subscription through your account on our Site. 

Subscriptions that we make available may be free or paid for, and include the following: 

• User/Profile: this allows access for a specified number of child (with adult supervision) or learner users to the content covered by the subscription, within the specified establishment, and this Subscription is paid for. 
• Site: this allows access for multiple machines and concurrent users within the specified establishment to the content covered by the subscription, and this Subscription is paid for. 
• Local Authority/District: this allows access for multiple establishments on User/Profile or Site basis to the content covered by the subscription, and this Subscription is paid for. 

You must not exceed the limits of your Subscription without our prior agreement. 

We may make Media available to purchase, and such Media may be subject to other terms and conditions which we tell you about or which are made available to you. The use of some Media may be dependent on you having a certain Subscription in place, and therefore cancellation of a Subscription may affect your access to such Media. 

You must not do anything to interrupt or that could have a detrimental effect on any content which we provide to you as part of a Subscription or Media. 

Except where the law allows you to, you must not reproduce, re-engineer, copy, duplicate or resell any content which we provide to you as part of a Subscription or Media. All rights and ownership in any of our content will at all times remain with us. 

If you are making a one-off purchase of Media, we will make the digital content available for download by you as soon as we accept your order. 

If you purchase a Subscription from us, we will supply the digital content to you until either the services are completed or the Subscription expires (if applicable) or you end your Subscription, or we end the contract by written notice to you. 

4. Products

The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the Products accurately, the Product you receive and the packaging you receive it in may vary slightly from those images (including colours and packaging). If you have particular requirements in relation to appearance, then please contact us to discuss them. 

Delivery of Products will be made to the delivery address supplied by you at the time of ordering. Delivery typically takes seven (7) to ten (10) days, provided the Product is in stock. If we do not have a Product that you ordered in stock, we will let you know as soon as possible and provide an estimated date of when the Product will be back in stock. The cost of delivery will be as displayed at the time you place your order. 

If our delivery of the Product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. As long as we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end our contract and receive a refund of the price and delivery charges for any Products you have paid for but not received. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and you may be liable to pay us compensation. 

A Product will be your responsibility from the time we deliver the Product to the address supplied by you at the time of ordering. You must allow us to deliver the Product to you within a reasonable time. 

5. Privacy

Where we process personal data in the provision of a Subscription, Media or Product, we will do so in accordance with our Privacy Policy. You can view our Privacy Policy here. 

6. Price and Payment

The price of Subscriptions, Media and Products and any delivery charges will be the price indicated on the order pages of our Site when you placed the order. Prices displayed do not include VAT or other applicable taxes or levies, except where specified. 

It is always possible that, despite our best efforts, some of the Subscriptions, Media or Products we sell may be incorrectly priced. If the correct price at your order date is higher than the price listed, we will either: (i) honour the lower price listed; or (ii) contact you for your instructions before we accept your order at the correct price. 

We are entitled to increase our prices for Subscriptions from time to time during the period of your Subscription. If we do this we will tell you of the increase. This increase will only apply from the start of the next renewal period and you may choose not to renew your Subscription if you do not agree with the price increase. We will supply the Subscription services until the Subscription expires. 

We accept payment through VISA, MasterCard, Maestro and American Express credit/debit cards, PayPal, and via invoice/purchase orders. We are happy to provide quotations upon request. 

When you must pay depends on whether you are buying a Subscription, Media or Product. Subject to any other payment method or credit terms that we have separately agreed with you: 

• for Subscriptions, you must pay for the initial period of the Subscription in advance before you access it. We will charge you for each renewal period around seven (7) days before the commencement of that renewal period using the payment details provided at the time of the original order.
• for Media, you must pay for the Media before you access it; and
• for Products, you must pay for the Products before we dispatch them.

The exception to the above is where you pay via invoice/purchase order, in which case payments are due immediately and must be paid within thirty (30) days of the date of our invoice. 

If any payment due to us is not paid on time, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the National Westminster Bank from time to time. This interest shall accumulate on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount. 

If you think we have incorrectly charged you please contact us promptly to let us know.

7. Availability

Where you purchase a Subscription or Media, we ensure that such content is fit for purpose, as described and of satisfactory quality. 

There may be times when we need to suspend access to a Subscription or Media, for example for maintenance purposes. We may also need to make changes or updates to a Subscription or Media from time to time, for example due to changes in the content available through a Subscription or functionality of Media. We will try to give you notice of any suspension and any changes or updates. 

We may provide you with "beta" content which we are developing or launching. You acknowledge that such content may still contain errors and defects, may not be stable, and is not suitable for anything other than use in order to test the content. Any trial or beta may only be available for a short period of time and we reserve the right to withdraw any trial or beta content at any time. You agree that we may use any suggestions or feedback you give to further develop our products, or for any other reason. 

8. Defective Products

Where any manufacturer's guarantee is provided in relation to any Products, we shall pass the benefit of this manufacturer's guarantee on to you to the extent we possibly can. 

If you are a consumer:

If you are a consumer, we are under a legal duty to provide Products to you that conform to our contract. 

Nothing in these Sale Terms, or any manufacturer's guarantee, shall in any way affect your statutory rights in respect of defects. In addition to your statutory rights, we warrant that on delivery any Products will: 

• be in accordance with their description in all material respects; and
• be free from material defects in design, material and workmanship.

If a Product fails to comply with this warranty, you may either:

• request a repair/replacement, and we will repair or replace (at our option) the Product, unless it would be disproportionate to do so, in which case we will provide a refund as follows; or
• reject the Product within 30 days of delivery and return the Product to us.

If after repair or replacement the Product still fails to comply with the warranty, or we've been unable to do so within a reasonable time, you may reject the Product. If you do so after the first 6 months after delivery, we may deduct a reasonable deduction to account for any use of the Product you have had. 

If you reject the Product and it fails to comply with the warranty, we will refund the price of the Product, the delivery charge you paid, and we will bear the reasonable costs of returning the Product to us using a standard delivery method (when you provide evidence of those reasonable costs). 

You will not be entitled to these remedies if the defect arises:

• because you did not follow our instructions as to the storage, installation, use or maintenance;
• because you or a third party have altered or repaired the Product; or
• as a result of your wilful damage or negligence.

Other than where we are not permitted to exclude or limit our liability under the law, we shall have no further liability to you in respect of a Product's failure to comply with this warranty. 

If you are not a consumer:

If you are not a consumer, we warrant that on delivery any Products will:

• be in accordance with their description in all material respects; and
• be free from material defects in design, material and workmanship.

Subject to you giving us prompt notice of any failure of a Product to comply with this warranty and return the Product to us at your cost, we will, at our option, repair or replace the defective Product, or refund the price of the defective Product, unless:

• you have made any use of such Product after telling us about the defect;
• you did not follow our instructions as to the storage, installation, use or maintenance;
• you or a third party have altered or repaired the Product; or
• the defect arises as a result of your wilful damage or negligence.

Other than where we are not permitted to exclude or limit our liability under the law, we shall have no further liability to you in respect of a Product's failure to comply with this warranty.

9. Your Rights to Cancel

If you are a consumer:

You can always end your contract with us, but your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. You can use the Model Cancellation Form (a copy of which is attached to this contract at the Schedule) to cancel our contract, but you are not under an obligation to do so. 

You have a right to cancel our contract within certain time limits, without any penalty to you and you shall be entitled to a refund of the price and delivery charges. This is your right of "cooling-off". You can do this by writing to us at our registered address or email address given above including your order number, details of what you bought, when you ordered or received it and your name and address. 

• If you have purchased a Subscription or Media, you have fourteen (14) days after the day on which we email you to confirm you are able to access to the digital content, provided that you have not accessed the Subscription or Media. Once you access or download the content, you will no longer have a right to cancel your purchase.If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
• If you have purchased a Product, you have fourteen (14) days after the day the Product is delivered to cancel your purchase and obtain a refund.

If you are not a consumer:

If you are not a consumer, you may request to cancel our contract for a Subscription, Media or Products and we shall consider all requests. The granting of any request for cancellation may be subject to a reasonable charge. 

10. Our Rights to Cancel

We may cancel our contract at any time by writing to you if:

• you don't make any payment to us when it is due, and you still don't make payment within seven (7) days of us reminding you that your payment is due;
• you don't comply with the Terms of Use;
• you don't comply with these Sale Terms, and you don't resolve this within seven (7) days of us requesting you to; or
• you don't, within a reasonable time, allow us to deliver the Products to you.

If we cancel our contract we will refund any element of the price that you have paid in advance for a Subscription, Media or Product we haven't provided but we may deduct or charge you a reasonable amount for any costs we will incur as a result of you breaking our contract. 

We may, in our discretion, write to you to let you know that we are going to stop providing a Subscription, Media or Product. We will let you know at least 30 days before stopping the supply and will refund any element of the price and delivery charges that you have already paid for the Subscription, Media or Product which will not be provided (and taking account of what has been provided to that point). 

11. Effect of Cancellation

If you cancel our contract for any reason (including where you are exercising your right of "cooling-off") after Products have been dispatched to you or you have received them, you must return them to us in their original packaging. You must return the goods to us at our registered address (provided at the top of this document) within fourteen (14) days after telling us you wish to cancel the contract.

Where you are entitled to a refund in relation to any Products purchased:

• we may reduce your refund of the price to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop; and
• we will refund any delivery charges you paid.

You must bear the costs of returning any Products to us (including where you are a consumer exercising your right of "cooling-off"), except if:

• the Products are defective; or
• you are cancelling our contract because of a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

We will make any refunds due to you as soon as possible using the same means of payment as you initially used to pay us (unless this is not possible, in which case we will use a suitable alternate means).

Where you are a consumer exercising your right of "cooling-off", we will make your refund within fourteen (14) days of your telling us you are cancelling under your right of "cooling off", or within fourteen (14) days from the day on which we have received the Products back from you (or you provide us with evidence that you've sent them).

12. Our Responsibilities to You

We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to defective products under the Consumer Protection Act 1987. 

If you are a consumer:

If we don't comply with these Sale Terms, we are responsible for losses that you suffer if we caused them and they were a foreseeable result of our breach of these Sale Terms. We may also be liable to you in negligence if we don't act using reasonable skill and care. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable only if: (i) it is obvious that it will happen; or (ii) at the time you first used the Site, both we and you knew it might happen. 

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. 

We are not liable for business losses. We only supply Subscriptions, Media and Products for domestic, private use and for educational purposes. If you use a Subscription, Media or Product for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. 

We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with our contract. 

This clause does not exclude our liability in connection with our Terms of Use. 

If you are not a consumer:

We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of revenue, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss arising under or in connection with our contract. 

Our total liability to you for all other losses arising under or in connection with our contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total amount paid by you under our contract. 

All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded. 

13. General Provisions

This contract is between you and us. No other person shall have any rights to enforce any of its terms. 

Each of the paragraphs of these Sale Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

If we do not insist immediately that you do anything you are required to do under these Sale Terms, or if we delay in taking steps against you in respect of your breaking our contract, that will not mean that you do not have to do those things and it will not mean we can't take steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date. 

We may sub-contract our obligations under our contract, but we will remain responsible for our sub-contractors at all times. We also may transfer our rights under these terms to another organisation. You may only transfer your rights or your obligations under our contract to another person if we agree to this in writing. 

If you are a consumer:

We will contact you to let you know if we transfer our rights under our contract. If you aren't happy with the transfer you may contact us to end our contract within thirty (30) days of us telling you about it and we will refund any element of the price and delivery charges that you have already paid for a Subscription, Media or Products not provided (and taking account of what has been provided up to that point). 

If you are not a consumer:

These Sale Terms and your order constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us that is not set out in these Sale Terms. You also acknowledge that you shall have no claim for innocent or negligent misrepresentation based on any statement in this document. 

14. Governing Law and Disputes

These Sale Terms are governed by English law and, other than as set out below, you may only bring legal proceedings in the English courts who shall have jurisdiction. 

If you are a consumer:

If you are based in the EU, you are also entitled to bring any legal proceedings in the country in which you are located, but such legal proceedings will be subject to English law. 

Nothing in these Sale Terms shall affect any mandatory consumer protections that you have in the country in which you are located. 

Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. 

15. Changes to these Sale Terms

We reserve the right to change and update these Sale Terms from time to time and recommend that you revisit this page regularly to keep informed of the current terms and conditions. However, the Sale Terms that apply to our contract for any purchase shall be those that were in force at the time our contract was formed. 

16. FERPA and California AB 1584.

Regarding FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), HelpKidzLearn Hub will abide to the following: 

1. Student records obtained by HelpKidzLearn Hub from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to HelpKidzLearn Hub.
   
   
2. HelpKidzLearn Hub users may retain possession and control of their own generated content by HelpKidzLearn Hub.
   
   
3. HelpKidzLearn Hub will not use any information in a student record for any purpose other than those required or specifically permitted by the HelpKidzLearn Terms of Service and Privacy Policy.
   
   
4. Parents, legal guardians, or eligible students may review personally identifiable information (PII) in the student’s records and correct erroneous information by contacting their educational institution. Additionally, HelpKidzLearn Hub users may access, correct, update, or delete personal information in their profile by signing into HelpKidzLearn, accessing their Payee/Admin account, and making the appropriate changes.
   
   
5. HelpKidzLearn Hub is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions: (a) we limit employee access to student data to only those employees with a need to such access to fulfil their job responsibilities; (b) we conduct background checks on our employees that may have access to student data; (c) we conduct regular employee privacy and data security training and education; and (e) we protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorised access, release or use. For further information please read our Information Security Policy.
   
   
6. In the event of an unauthorised disclosure of a student’s records, HelpKidzLearn will (1) promptly notify Users unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify: (i) the date and nature of the unauthorised use or disclosure; (ii) the Private Data used or disclosed; (iii) general description of what occurred including who made the unauthorised use or received the unauthorised disclosure; (iv) what HelpKidzLearn has done or shall do to mitigate any effect of the unauthorised use or disclosure; (v) what corrective action HelpKidzLearn has taken or shall take to prevent future similar unauthorised use or disclosure; and (vi) who at HelpKidzLearn the User can contact. HelpKidzLearn will keep the User fully informed until the incident is resolved.
   
   
7. HelpKidzLearn will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.
   
   
8. HelpKidzLearn agrees to work with educational institution to ensure compliance with FERPA and the Parties will ensure compliance by providing parents, legal guardians, or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described in statement (4) above.
   
   
9. HelpKidzLearn Hub prohibits using personally identifiable information in student records to engage in targeted advertising. 

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