Terms and Conditions
1. Definitions
a) The “Supplier”, “We”, “Us” or “Our” means Brickfield Education Labs Limited, a company registered with the Irish Companies Registration Office, registration number 652284.
b) The “Customer” or “You”, refers to the entity or person registering to use the Product.
c) The “Product” refers to the “Brickfield Accessibility Toolkit Starter” as shipped with Moodle LMS version 3.11
d) ‘‘Services’’ means the services ordered by the Customer from the Supplier, in an order which has been accepted by the Supplier.
e) “Agreement” means this agreement and all accompanying or referenced documents setting out the terms of the relationship between the Supplier and Customer.
f) “Start Date” means the date that you first access or use the Product.
g) “Intellectual Property Rights” includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
h) “Moodle” means Moodle Pty Ltd (ACN 116 513 636) with its registered office at First Floor, 20 Kings Park Road, West Perth, Western Australia 6005. The word “MOODLE” and associated branding are registered trade marks owned by Moodle.
i) “Moodle LMS” is the learning management system software that can be freely downloaded at “download.moodle.org” and which is provided by Moodle under a single GNU General Public Licence version 3.0, dated 29 June 2007.
2. Terms of Use
a) Brickfield Education Labs Limited Accessibility Toolkit Starter is distributed as part of the Moodle LMS software package in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the Moodle GNU General Public License (new window) for more details.
b) The usage of the Product will be permitted at the URL provided by the Customer at the time of site registration. The URL must be the one at which users access the Product.
c) Each user may be registered for only one site unless they have a commercial support contract with Brickfield Education Labs.
3. Indemnification
You indemnify us and Moodle against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our legal agents or representatives) and loss of any kind arising from any actual or alleged impact on your Moodle site.
4. Personal Data
a) For the purpose of using the Product, we do not want your personal data. We do not take copies of your site content. We do not take any personal data from the site. Any personal data which we do collect for the purposes of billing and commercial arrangements and any third-party processors we use to process that data is outlined on our Privacy Notice, which may be updated from time to time.
b) You acknowledge that we process your organisation registration information – the organisation email, and the site registration as part of your registration on this website. We do not request or intentionally hold personal data related to the operation of the Product. In addition to this information, we collect the following statistics from the plugin:
• Moodle LMS release (version number)
• Number of courses (number of courses)
• Number of users (number of users)
• Number of files (number of files)
• Number of activities (number of activities)
• Mobile services enabled (Whether enabled or not)
• Number of users with registered mobile devices (Number of users)
• Total passed/failed for content areas per course.
• Total results of activity content tests per course and per content type.
• Number of specific tests and errors per check per course.
c) This information will not be made public on any central listing. This statistical information is used by us and our partners to help plan the development of the Product and associated commercial services. We also share a subset of this statistical information with Moodle Pty Ltd.
5. Upgrade to Premium or Enterprise services
Upgrade services for the Product are available as a commercial yearly subscription option and must be purchased from Brickfield Education Labs.
Premium or Enterprise Brickfield Toolkit terms and conditions are available by email request from support@brickfield.ie.
6. Support
a) Support services for the Product are available as a commercial subscription option and must be purchased from Brickfield Education Labs. The support service is done by email through our Teamwork helpdesk.
b) Support queries for this Product will be responded to in a reasonable timeframe covering business hours in Ireland. The support service covers assistance with using the product functionally and does not cover code changes to the Product.
c) The support service will not affect the liability, warranty or responsibility terms covered in the GPL license.
7. Contract terms
a) By activating the Product in Moodle version 3.11 and above, and byregistering on this site to use the Product you are agreeing to these terms. Where your access and use of the Product is on behalf of a company or other entity that you work for, you confirm that you are authorised to, and do in fact, agree to these Terms on that organisation’s behalf and that, by agreeing to these Terms on that organisation’s behalf, that organisation is bound by these Terms.
b) This Agreement shall terminate automatically upon termination or expiry of the Supplier and Customer’s obligations in relation to the Services.
c) Either party shall be entitled to terminate this Agreement forthwith by notice in writing to the other party if;
i either party is in material or persistent breach of this Agreement which, in the case of a breach capable of remedy, shall not have been remedied within 21 days from the date of receipt by the breaching party of a notice from the other party identifying the breach and requiring its remedy; or
ii either party becomes insolvent, has a receiver, liquidator, examiner or administrator appointed over the whole or any part of its assets, enters into any compound with creditors, or has an order made a resolution passed for it to be wound up (otherwise than in furtherance of a scheme for solvent amalgamation or reconstruction); or
iii the Non-Exclusive Starter Agreement between the parties terminated or ceases to be operative.
Governing Law
d) This Agreement will be governed by the laws of Ireland, and the parties hereby submit to the exclusive jurisdiction of the Courts of Ireland for all purposes connected with this Agreement, including enforcement of any award or judgement made under or in connection with it.
Waiver
e) Failure by either party to exercise or enforce any right available to that party or the giving of any forbearance, delay or indulgence will not be construed as a waiver of that party's rights under this Agreement.
Invalidity
f) If any term or provision of this Agreement shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected provided however that if any term or provision or part of this Agreement is severed as illegal or unenforceable, the parties agree to modify this Agreement to the extent necessary to render it lawful and enforceable and as nearly as possible to reflect the intentions of the parties embodied in this Agreement including without limitation the illegal or unenforceable term or provision or part.
Entire Agreement
g) This Agreement and the documents attached to or referred to in this Agreement shall constitute the entire understanding between the parties and shall supersede all prior agreements, negotiations and discussions between the parties in relation to the subject matter of this Agreement. In particular the parties warrant and represent to each other that in entering into this Agreement they have not relied on any statement of fact or opinion made by the other, its officers, servants or agents which has not been included expressly in this Agreement. Further, each party hereby irrevocably and unconditionally waives any right it may have;
i. to rescind this agreement by virtue of any misrepresentation;
ii. claim damages for any misrepresentation whether or not contained in this Agreement;
iii. save in each case were such misrepresentation or warranty was made fraudulently.
Notices
h) Notices shall be in writing and shall be sent to the other party marked for the attention of the person at the address below. Notices may be sent by prepaid ordinary post or email transmission. Correctly addressed notices sent by prepaid ordinary post shall be deemed to have been delivered 72 hours after posting and correctly directed email transmission shall be deemed to be delivered instantaneously on transmission.
i) The terms of this license may change at any time without notice by posting of the new terms on the website, and/or by email to registered users.
Jurisdictions
j) Because some states and jurisdictions do not allow certain exclusions of damages or limitations on liability, the above limitation only applies to you to the extent that the exclusions of damages or limitations on liability are not prohibited under applicable law.These terms were last updated on 10/07/2023.