The Client : The company, body, organisation or individual purchasing products or services from Lurtel Ltd.
Lurtel Ltd.: Provider of on-line software products and services, it’s employees or affiliates.
By using our eChipmunk Data Management System (“the Software”), you agree to the following terms and conditions, whether you are a trial user of the Software or a paying client of the Software. You are only authorized to use the Software if you agree to the terms and conditions. Lurtel Ltd. may modify the terms and conditions from time to time. Your continued use of the Software after this document has been amended signifies your acceptance of the revised Terms and Conditions. The Terms and Conditions are available at all times through our website or on request from our Head Office.
Eligibility. Only Owners, Management, appointed users of recognised and registered Pre-School organisations and Principals and appointed users of Primary Schools, are entitled to use the Software. All users whether trial or paid, must be registered through the Lurtel Ltd. registration process.
Account Security. Users of the software are fully responsible for the safe keeping and security of their log in credentials. If you require your log in credentials to be changed in order to maintain a sufficient level of security, Lurtel Ltd. can do this for you on request. Lurtel Ltd. will not be liable for any breeches of security resulting from any system that is inadequately password protected, or any client who is careless with their log in credentials.
Termination. You may terminate your subscription to the Software at anytime. Subscriptions generally range from 1 months upwards and are paid for in advance. They are non re-fundable if you terminate your subscription before the end of the agreed period.
3 year subscriptions are for 36 months and paid in advance. They are non re-fundable if you terminate your subscription before the end of the 36 month period.
Where no content has been entered into the system within a total period of 12 months from issue dates of access credentials, Lurtel Ltd reserves the right to remove access to the eChipmunk School Management system. Any monies paid to Lurtel Ltd, are retained by Lurtel Ltd to cover administration costs incurred by Lurtel Ltd up to this 12 month period.
Lurtel Ltd. do not support third party software, either commercial or open source. This includes internet browsers.
In circumstances where Lurtel Ltd. provide advice on third party software, (eg emails) due to the unknown variances of a clients operational software and hardware, Lurtel Ltd. accept no responsibility for the outcome, or any knock on effect from the advice given.
Lurtel Ltd. do not accept responsibility for inadequacies in their system if used with legacy/superseded versions of an internet browser.
Lurtel Ltd. do not accept responsibility when a client corrupts the data within their system. In the event that Lurtel Ltd are required to restore a backup, re-import data or dedicate time to resolving user created issues Lurtel reserves the right to charge the client for this service. This charge will be based on the time required by us to resolve the issue and each instance will be assessed on a case by case basis.
Clients are responsible for providing accurate data for data imports. It is at Lurtel Ltd’s discretion whether to charge a client for the data import. Lurtel Ltd. is not responsible for sanitising a client’s data before performing a data import. Any sanitisation of data prior to a data import will be charged as extra.
Lurtel Ltd. do not accept responsibility for undelivered text messages sent through our system. Lurtel Ltd engage the services of a third party when sending and receiving text messages through our system and cannot fully guarantee, due to network issues beyond our control, that all messages will be delivered within a timely manner. We will endeavour to try to resolve text delivery & receipt issues where possible but it should be noted that, in general, it is not unusual, under normal circumstances, to have a rate of up to 10% of undelivered text messages according to international statistics.
Charges and Payment. Subscribing to the Software can include two cost components. An up-front once-off fee to cover the setup and the first agreed term subscription to the software, and an on-going periodic fee that includes all standard updates to the Software plus standard support, (see separate section on ‘support to see what this entails). Failure to meet a payment obligation may result in the Client’s access to the Software being terminated.
Intellectual Property Rights (IPR). Lurtel Ltd. retains all rights to all of the Software including all source code; compiled applications and all related documentation. The Client retains all rights to the inputted Data that is contained in the database of the Software.
File Uploads. Clients are advised to retain copies of all original documentation and images uploaded to the system. Lurtel Ltd. cannot be held responsible for the loss of any documents or images entered onto the system by the Client. It is the Clients responsibility to determine if a hard copy of any School related documents should be retained on file as per their legal requirements.
Confidentiality. Lurtel Ltd. undertakes to maintain strictest confidentiality with all data entered by the client, (seeLurtel Ltd L0068 - Data Protection Policy for further details). The Client, by using the Software has agreed to keep all source code, documentation and functionality of the software in strictest confidence. Under no circumstance will the Client discuss the functionality of the software nor will the Client divulge access credentials to any third-party without the written permission of Lurtel Ltd.
Disclaimers. Lurtel Ltd. is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on the Software, whether caused by Users of the Software or by any of the equipment or programming associated with or utilized in the Software and such User Content does not necessarily reflect the opinions or policies of Lurtel Ltd. Lurtel Ltd. is not responsible for the conduct, whether online or offline, of any User of the Software. Lurtel Ltd. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Lurtel Ltd. is not responsible for any problems or technical malfunction of any network, lines, computer online systems, servers, providers, computer equipment, software (including internet browsers), failure of any email or players due to technical problems or traffic congestion on the Internet or on Lurtel Ltd. or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation in connection with the Software. Under no circumstances shall Lurtel Ltd. be responsible for any loss or damage, including personal injury or death, resulting from use of Software, from any User Content posted, or from the conduct of any Users, whether online or offline. The Software is provided "AS-IS".
Limitation on Liability. In no event shall Lurtel Ltd. be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the software, even if Lurtel Ltd. has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Lurtel Ltd.’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, by you to Lurtel Ltd. for our services during the term of ownership. Services fees are those fees of using an eChipmunk application and its functionalities.
Disputes Settlement. The agreement shall be governed by the laws of Ireland, without regard to its conflict of law provisions. You and Lurtel Ltd. agree to submit to the exclusive jurisdiction of the courts in republic of Ireland to resolve any dispute arising out of the agreement. Each party hereby waives any right to a trial by jury in respect of any litigation arising out of, under or in connection with this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or not, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each party acknowledges that this section is a material inducement for the other party entering into this agreement.
Indemnity. You agree to indemnify and hold Lurtel Ltd. harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of Software in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement or if any Content that you post on the Software causes Lurtel Ltd. to be liable to another party.
Force Majeure. Lurtel Ltd. is not and shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Lurtel Ltd.’s control, including but not limited to: (a) natural disasters, such as fire, flood, earthquakes, hurricanes, tropical storms; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; (d) failure of the telecommunications or information services infrastructure; (e) hacking, spam, or any failure of a computer, server or software; (f) fiber cuts; and (g) public health events, such as H1N1 flu.
Notice. Any notice required to be given under the terms and conditions will be provided by e-mail to the e-mail address that users provided during registration. Notices by users to Lurtel Ltd. shall be given by e-mail. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the e-mail server.
Headings. The headings to the sections of the terms and conditions are used for convenience only and shall have no substantive meaning or impact on the interpretation of the terms and conditions.
Miscellaneous. These terms and conditions are accepted upon your use of the Software. This Agreement constitutes the entire agreement between you and Lurtel Ltd.. The failure of Lurtel Ltd. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.