These terms explain the rules for using Total Track. Total Track is provided by Malachi Burnett trading as Wiizard Software.
By using Total Track you agree to use it responsibly and only for authorised education, provision, support, safeguarding, administration or parent/carer access purposes. If you do not agree to these terms, do not use Total Track. If your account was provided by an organisation, contact that organisation before continuing.
Who These Terms Apply To
These terms apply to staff users, admin users, parent/carer users, and anyone else given an authorised Total Track account.
Organisation-level commercial terms, onboarding, pricing, invoicing and data processing arrangements are handled separately with each organisation, in the organisation agreement and the Data Processing Agreement. Where these terms conflict with the organisation agreement, the organisation agreement takes precedence for that organisation.
Accounts And Access
Use only your own account. Do not share your password, session, email security code, approval link or password reset link with anyone. Keep your login details secure and tell an admin or Wiizard Software promptly if you think someone else has accessed your account.
Organisations can require an email login code at sign-in for admins, all staff or all users. High-risk admin actions require confirmation by the person requesting them and, where another active admin account exists, approval from a second admin.
Wiizard Software or the organisation may suspend or remove access if an account is misused, is no longer needed, or presents a security risk.
Acceptable Use
You must not:
- Try to access records you are not authorised to see.
- Share information from Total Track with people who should not receive it.
- Upload unlawful, harmful, abusive, misleading or irrelevant material.
- Record criminal offence data in free-text fields.
- Attempt to bypass security, permissions, audit controls or deletion controls.
- Interfere with the platform, test it aggressively without permission, or attempt to disrupt the service.
- Use Total Track for advertising, scraping, spam or unrelated commercial activity.
Parent/carers must not share photographs or information from Total Track outside the platform unless they have the appropriate permission and it is safe and lawful to do so. Where a photograph includes a young person who does not have social media consent, Total Track will tell you not to share it, and you must not.
Reporting A Security Problem
If you believe you have found a security vulnerability, report it to [email protected]. Wiizard Software will not pursue legal action against anyone who reports a vulnerability in good faith, does not access or modify other people's data beyond what is necessary to demonstrate the issue, and allows a reasonable period to fix it before disclosing it.
User Content And Accuracy
Staff and admin users are responsible for making sure the records they enter are accurate, appropriate and in line with their organisation's policies.
The organisation decides what should be recorded, who is linked to each young person, which parent/carer accounts exist, and how local safeguarding and consent requirements are handled. Wiizard Software provides the platform but does not decide the content of an organisation's records.
Once an entry is shared with parent/carers they are notified and can see it immediately. Sharing cannot be undone, although an entry can be corrected or deleted afterwards.
Privacy And Data Protection
Personal information is handled as set out in the Total Track Privacy Policy and, for organisations, the Data Processing Agreement. Each organisation is the controller for its records, and Wiizard Software processes those records on the organisation's behalf as its processor.
Availability And Changes
Wiizard Software aims to keep Total Track available and working well, but the service may sometimes be unavailable because of maintenance, updates, hosting or provider issues, security incidents, or events outside reasonable control. No specific uptime level is guaranteed unless an organisation has agreed one in writing.
Features may be changed, improved, limited or removed over time. Where a change materially affects an organisation's use of the platform, Wiizard Software will give reasonable notice.
Material changes to these terms will be notified to organisations before they take effect, and the version number and effective date above will change. Superseded versions are kept available on request.
No Emergency Use
Total Track is not an emergency reporting system. Urgent safeguarding, welfare, medical or safety concerns must be handled through the organisation's normal urgent procedures.
Intellectual Property
Total Track, including its software, design, branding and documentation, belongs to Wiizard Software unless otherwise stated.
Records, uploads and operational content entered by an organisation or its users remain the property and responsibility of that organisation or the relevant rights holder. Wiizard Software claims no ownership of them and will not use them for any purpose other than providing the service.
You may not copy, resell, reverse engineer or reuse Total Track outside normal authorised platform use without written permission from Wiizard Software.
Ending Access
An organisation may ask for accounts to be removed, archived, exported or deleted according to the agreed arrangements and the platform controls. Individual users may lose access when they leave an organisation, no longer need access, misuse the service, or the organisation asks for access to end.
At the end of an organisation's service, data is returned or deleted as set out in the Data Processing Agreement.
Liability
Total Track is a software tool. It does not replace professional judgement, safeguarding procedures, education policies, medical advice or legal advice. Wiizard Software is not responsible for decisions made by an organisation or a user on the basis of records entered into the platform.
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.
Subject to that, and except where an organisation has agreed different terms in writing, Wiizard Software is not liable for indirect or consequential loss, loss of profit, loss of business or loss of goodwill.
Parent/carer users. Parent/carers use Total Track as individuals, not as businesses, so consumer protection law applies to them. Nothing in these terms affects a consumer's statutory rights, and any term that would be unfair under the Consumer Rights Act 2015 does not apply to them.
Complaints
If you have a complaint about Total Track:
- For anything about your organisation's records, decisions or accounts, contact your organisation first.
- For anything about the platform itself, contact Wiizard Software at [email protected]. Wiizard Software will acknowledge within 5 working days and respond substantively within 20 working days.
- For a data protection concern, see the Your Rights section of the Privacy Policy, which explains how to complain to the Information Commissioner's Office.
Governing Law
These terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that a consumer resident in Scotland or Northern Ireland may bring proceedings in their own jurisdiction.
Contact
Malachi Burnett trading as Wiizard Software
Email: [email protected]
Website: wiizardsoftware.uk