Terms of Use

1. Definitions and interpretation

1.1 In these Terms, the following expressions shall have the following meanings:

"Charges"

means the price payable for a Pass, as displayed at the point of purchase;

"Commercial Use"

means any use of the Service or of any Content in the course of, or for the purposes of, any trade, business, craft or profession, including without limitation the uses described in clause 6.2;

"Content"

means all data, text, figures, charts, comparisons, analyses, calculations and other material made available through the Service, whether derived from Source Data or generated by us;

"Consumer"

means an individual acting for purposes wholly or mainly outside that individual's trade, business, craft or profession;

"Intellectual Property Rights"

means all copyright, database rights, rights in designs, trade marks, and all other intellectual property rights, whether registered or unregistered, subsisting anywhere in the world;

"Pass"

means a time-limited right of access to the Premium Features, of the type and duration selected at the point of purchase;

"Premium Features"

means those features of the Service identified as requiring a Pass;

"Service"

means the website at www.neighbourhoodschool.co.uk and all features, functionality and Content made available through it;

"Source Data"

means third-party data ingested by the Service, comprising data published by the Department for Education, Ofsted, HM Land Registry and Police.uk;

"Term"

means, in respect of a Pass, the period beginning upon confirmation of payment and ending automatically on the expiry date stated at the point of purchase;

"we", "us" and "our"

mean Blue Numerics Ltd, a company incorporated in England and Wales with company number 14355514, whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, trading as Neighbourhood School; and

"you" and "your"

mean the individual accessing the Service or purchasing a Pass.

1.2 Clause and schedule headings shall not affect interpretation. Words in the singular include the plural and vice versa. Any words following "including", "include" or "in particular" shall be construed as illustrative and shall not limit the sense of the words preceding them. A reference to legislation is a reference to it as amended, extended or re-enacted from time to time.

2. About us and contact

2.1 The Service is operated by us. You may contact us at admin@neighbourhoodschool.co.uk or by post at Blue Numerics Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. Where we need to contact you, we shall do so at the email address associated with your account.

3. Application and acceptance of these Terms

3.1 These Terms govern your access to and use of the Service, including the free features, and constitute the contract between you and us in respect of any Pass you purchase.

3.2 By using the Service, and further by ticking the relevant box at checkout when purchasing a Pass, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service or purchase a Pass.

3.3 The Service is made available, and Passes are sold, to Consumers only. You warrant that you are at least 18 years of age and are acting as a Consumer.

4. Nature of the Service

4.1 The Service is a research and information tool which aggregates, processes and presents Source Data relating to schools in England and to the areas surrounding them, comprising academic performance data, sold-property price data and recorded crime data.

4.2 The Service does not constitute, and shall not be construed as, educational, financial, legal, property, investment or other professional advice, and no advisory relationship arises between you and us by virtue of your use of the Service. The Content is provided for general information purposes only.

4.3 The Service does not provide, and nothing in the Content shall be construed as providing, any prediction, estimate or indication of the likelihood of any child being offered a place at any school. School admissions, catchment arrangements, oversubscription criteria and appeals are matters for the relevant admission authorities, to which the Service provides signposting only.

5. Passes

5.1 The following Passes are available: a 1-month Pass (£9.99); a 3-month Pass (£19.99); and an annual Pass (£49.99). Charges are stated in pounds sterling and are inclusive of any applicable taxes.

5.2 Each Pass is a single, non-recurring purchase. The Pass shall commence upon confirmation of payment and shall expire automatically at the end of its Term. No Pass renews automatically, and no further payment shall be taken from you unless you elect to make a further purchase.

5.3 A Pass is personal to you, is non-transferable, and may be used only in connection with your own account. You shall not share your account credentials or permit any other person to access the Premium Features through your account.

5.4 Subject to these Terms and to payment of the Charges, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Premium Features for your personal, non-commercial use during the Term.

5.5 We may vary the Charges at any time in respect of future purchases. No variation shall affect a Pass already purchased.

6. Personal use only; reservation of commercial rights

6.1 The Service, all Passes and the licence granted at clause 5.4 are provided strictly for personal, non-commercial use, namely research undertaken by you in respect of your own household. All rights in respect of Commercial Use are expressly reserved. Any Commercial Use of the Service requires a separate written licence from us. Enquiries should be directed to admin@neighbourhoodschool.co.uk.

6.2 Without prejudice to the generality of clause 6.1, you shall not, whether during or after the Term, use the Service or any Content:

1. in the course of or in connection with estate agency, lettings, property development, property sourcing or any related business;
2. to provide, or in connection with the provision of, relocation, consultancy, tutoring, school-placement, advisory or similar services to any third party, whether or not for reward;
3. to prepare reports, valuations, marketing or sales materials for or on behalf of any third party;
4. to develop, train, populate, verify, enhance or operate any product, dataset, database, model or service; or
5. to republish, syndicate or make available the Content, in whole or in part, to any third party.

6.3 Use of a Pass for Commercial Use constitutes a material breach of these Terms and shall entitle us to exercise our rights under clause 15.

7. Payment

7.1 Payment is processed by Stripe Payments UK Ltd or its affiliates ("Stripe"). Card details are transmitted directly to Stripe and are not received, processed or stored by us.

7.2 The contract for a Pass is formed when we confirm your order. If we are unable to accept your order, we shall inform you and shall not charge you (or shall refund any sum taken).

8. Cancellation, immediate supply and refunds

8.1 A Pass constitutes digital content supplied otherwise than on a tangible medium for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "2013 Regulations"). Subject to clause 8.2, you would ordinarily have the right under the 2013 Regulations to cancel the contract within 14 days without giving any reason.

8.2 Because a Pass commences immediately upon confirmation of payment, we will only supply it on the basis that, in accordance with regulation 37(1) of the 2013 Regulations, at checkout you: (a) give your express consent to the supply of the digital content before the end of the cancellation period; and (b) acknowledge that your right to cancel is thereby lost. Upon commencement of your Pass, you shall have no right to cancel under the 2013 Regulations.

8.3 Refunds. Because your Pass is supplied immediately and your right to cancel is extinguished under clause 8.2, Charges are not refundable once your Pass has commenced. This does not affect: (a) your statutory rights and remedies under clause 16.1, including in respect of digital content that is faulty, not as described or not of satisfactory quality; or (b) your entitlement to a pro-rata refund under clause 12.2 where we permanently withdraw a material Premium Feature during your Term. Where a refund is due, it will be made to the original payment method within 14 days of our accepting that it is due.

8.4 Nothing in this clause 8 affects your statutory rights and remedies in respect of digital content that is faulty or not as described (see clause 16.1).

9. Source Data and licensing

9.1 The Content is derived from Source Data published by the Department for Education, Ofsted, HM Land Registry and Police.uk.

9.2 The Source Data contains public sector information licensed under the Open Government Licence v3.0. We assert no Intellectual Property Rights in, and make no claim of ownership over, the underlying Source Data.

10. Data accuracy; disclaimers; known limitations

10.1 To the fullest extent permitted by law, and subject always to clause 16.1, the Service and the Content are provided "as is" and "as available", and we give no warranty, representation or undertaking, express or implied, as to the accuracy, completeness, currency or fitness for any particular purpose of the Content.

10.2 You acknowledge in particular that:

1. the Source Data is published by third parties and may contain errors, omissions and delays at source. We reproduce and process the Source Data as published; we do not audit, verify or correct it against the schools or areas to which it relates, and any error, omission or delay at source will be reflected in the Content;
2. our processing of the Source Data may itself introduce errors. The Service performs substantial data transformation, including the matching of schools to geographic locations and the aggregation of prices and crime figures within a one-kilometre radius. The Service has been tested, but no assurance is given that such processing is free from defects; and
3. the Content is subject to the known limitations set out in Schedule 1, which forms part of these Terms.

10.3 Before placing reliance on any element of the Content in connection with any significant decision, you should verify that element against the relevant official source, each of which is identified within the Service.

11. No reliance; your decisions

11.1 You acknowledge and agree that: (a) the Service is one informational input among many relevant to decisions concerning schooling, property or relocation; (b) any decision made or not made by you, including any school application, property transaction or relocation, is made solely at your own risk and on your own judgement; and (c) subject to clause 16.1, we shall have no liability for any such decision or for its consequences.

12. Availability; modification of the Service

12.1 We shall use reasonable endeavours to make the Service available but do not warrant that the Service will be uninterrupted, error-free or available at any particular time. The Service may be suspended temporarily for maintenance, upgrade or reasons outside our reasonable control.

12.2 We may modify, enhance or withdraw features of the Service at any time. If, during the Term of your Pass, we permanently withdraw a material Premium Feature, you may terminate the contract and shall be entitled to a pro-rata refund of the Charges in respect of the unexpired portion of the Term.

13. Intellectual Property Rights

13.1 All Intellectual Property Rights in and to the Service and the Content — including the selection, arrangement, assembly, presentation and analysis of the Source Data, the database rights therein, and the design, text, software and structure of the Service — are owned by or licensed to us. No rights are granted to you other than the licence at clause 5.4.

13.2 You may share hyperlinks to pages of the Service, including comparison pages, for personal, non-commercial purposes.

14. Acceptable use

14.1 You shall not: (a) scrape, crawl, harvest, bulk-download or systematically extract any Content, whether by manual or automated means; (b) reproduce, republish, redistribute, sell or otherwise commercially exploit any Content; (c) represent any Content as your own work or as endorsed by us; (d) reverse engineer, decompile or otherwise attempt to derive the source code of the Service except as permitted by law; (e) introduce any virus or other malicious code, or interfere with the operation, integrity or security of the Service; or (f) use the Service otherwise than in accordance with these Terms and applicable law.

15. Suspension and termination

15.1 We may suspend or terminate your access to the Service (including cancellation of any current Pass without refund) with immediate effect upon written notice if you commit a material breach of these Terms, including any breach of clauses 5.3, 6 or 14, or if you repeatedly breach these Terms. Where the breach is remediable and it is reasonable to do so, we shall first give you notice and a reasonable opportunity to remedy it.

15.2 Termination shall not affect any rights, remedies or liabilities accrued at the date of termination. Clauses 6, 10, 11, 13, 16 and 18 to 21 shall survive termination or expiry.

16. Liability

16.1 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of your statutory rights under the Consumer Rights Act 2015 in relation to digital content, including the requirements that digital content be of satisfactory quality, fit for purpose and as described, and the remedy in respect of damage to a device or to other digital content caused by digital content supplied by us where we have failed to exercise reasonable care and skill; or (d) any other liability which cannot be excluded or limited by law.

16.2 Subject to clause 16.1, we shall not be liable to you for: (a) any loss of profit, loss of business, business interruption or loss of business opportunity (the Service being licensed for personal, non-commercial use only); or (b) any loss or damage that was not, at the time the contract was made, a reasonably foreseeable consequence of our breach of these Terms.

16.3 Subject to clauses 16.1 and 16.2, our total aggregate liability to you arising out of or in connection with a Pass, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the Charges paid by you for that Pass.

16.4 Where you access the Service without purchasing a Pass, and subject always to clause 16.1, our total aggregate liability to you shall not exceed £10.

17. Variation of these Terms

17.1 We may amend these Terms from time to time. The version of these Terms in force at the date of purchase shall apply to that Pass, and remains available at its own permanent address. Amendments shall apply to an existing Pass only where required by law or regulation, or where the amendment does not materially disadvantage you. The effective date of the current version is stated above.

18. Assignment

18.1 We may assign or transfer our rights and obligations under these Terms to another organisation, and shall notify you if we do so; any such transfer shall not prejudice your rights under these Terms. You may not assign or transfer your rights under these Terms without our prior written consent.

19. Severance; waiver; third-party rights

19.1 If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted to the minimum extent necessary, and the validity and enforceability of the remaining provisions shall not be affected.

19.2 No failure or delay by us in exercising any right under these Terms shall constitute a waiver of that right.

19.3 These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for any third party to enforce any term of these Terms.

20. Entire agreement

20.1 These Terms constitute the entire agreement between you and us in relation to their subject matter. Nothing in this clause shall exclude or limit any liability for fraud or fraudulent misrepresentation, or affect your statutory rights as a Consumer.

21. Governing law and jurisdiction

21.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by the law of England and Wales.

21.2 The courts of England and Wales shall have jurisdiction, save that if you are resident in Scotland you may also bring proceedings in Scotland, and if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland. Nothing in these Terms affects your entitlement to rely on mandatory consumer protection provisions of the law of your place of residence.

Schedule 1 — Known limitations of the Source Data and the Content

The acknowledgements at clause 10.2(c) refer to the following known limitations, which are material and are stated without limitation: