| 1 |
In these User Terms: |
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| 1.1 |
"Certified Product" means educational digital products and services intended for use to teach the Curriculum in England which have been self-certified by or on behalf of a content provider. |
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| 1.2 |
"Curriculum" means the Curriculum in use for teaching KS1-4 in maintained schools in England and includes but is not limited to the National Curriculum; |
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| 1.3 |
"Curriculum Online" means Curriculum Online service operated by Us; |
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| 1.4 |
1.4 "Curriculum Online Logos" means Our logos, trade marks, trade names or other signs (including without limitation any trade mark applications or registrations) in relation to Curriculum Online from time to time and any other images, logos, brands on and the design of the webpage and to which You have access on the Portal; |
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| 1.5 |
"Evaluation" means a pedagogic review of a Certified Product carried out by an independent Curriculum Online product evaluation body; |
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| 1.6 |
"Evaluation Summary" means a summary of an Evaluation Submitted by an independent Curriculum Online product evaluation body which contains a hypertext link to the Evaluation; |
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| 1.7 |
"Full Curriculum Online Service" means the services offered by Us through the Portal as further described in Clause 9; |
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| 1.8 |
"Intellectual Property Rights" means patents, trade marks, service marks, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, know-how, database rights, trade or business names and other similar rights or obligations whether registerable or not in any country (including without limitation the United Kingdom). |
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| 1.9 |
"Portal" means the website set up to operate Curriculum Online from time to time; |
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| 1.10 |
"Registered User" means any Visitor who registers for the Full Curriculum Online Service; |
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| 1.11 |
"Reviews" means all information, data, text, drawings, diagrams, images, sounds, software, messages and other material that a Registered User Submits to the Portal relating to a Certified Product; |
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| 1.12 |
"Submit" means submit, post, email, transmit or otherwise make available to the Portal; |
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| 1.13 |
"Third Party Material" means all information, data, text, drawings, diagrams, images, sounds, software, messages and other material that a third party Submits to the Portal including without limitation any Evaluation Summaries, Evaluations, responses to Reviews or information Submitted by a content provider or retailer. |
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| 1.14 |
"Visitor" means any visitor to the Portal; |
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| 1.15 |
"We", "Us" or "Our" means the Secretary of State for Education and Skills, Sanctuary Buildings, Great Smith Street, London SW1P 3 BT; |
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| 1.16 |
"You" or "Your" means the Registered User or other Visitor to whom these User Terms apply. |
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| 1.17 |
Unless otherwise specified, all the Clauses in these User Terms shall apply to Visitors and Registered Users. |
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| 2 |
Your Use of the Web site |
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| 2.1 |
The Portal aims to enable the easy identification of digital material available freely or for sale, which can be used to teach the National Curriculum. |
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| 2.2 |
Any Visitor may browse and search the Portal; read Reviews, Evaluation Summaries and Evaluations; and email Registered Users who have Submitted a Review and who opt to permit this. |
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| 2.3 |
You shall not use any part or the functionality or content of the Portal for the sending of unsolicited bulk email, repeated unsolicited emails or for sending material which is defamatory, obscene, inaccurate, misleading, abusive, harassing or which infringes the statutory or common law rights of any third party. |
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| 2.4 |
Any dealings or interest which You have in respect of any of the Certified Products, content providers or retailers found via the Portal are solely between You and the person with whom You are dealing. We have no involvement in the sale of any products or services found via the Portal. To the fullest extent permitted by law, We shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as a result of the reference and links to such content providers or retailers on the Portal. |
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| 2.5 |
We have used reasonable endeavours to carry out some simple checks on content providers and retailers. To view the types of checks We have carried out, please click here http://register.curriculumonline.gov.uk and select Guideline 3. Notwithstanding these checks, any dealings which You have with such content providers or retailers are entirely at Your own risk and You should carry out Your own checks to ensure that their suitability. To the fullest extent permitted by law, (1) We are not making any warranty or representation in relation to the content providers, retailers or their Certified Products and (2) We shall not be responsible or liable for any loss or damage of any kind incurred by You as the result of any dealings You have with a content provider or retailer. |
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| 3 |
Intellectual Property Rights |
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| 3.1 |
All Intellectual Property Rights in the Portal and the Curriculum Online Logos shall vest in Us or Our licensors. |
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| 3.2 |
Most of the material featured on the Portal is subject to Crown copyright protection unless otherwise indicated. The Crown copyright protected text may be reproduced free of charge in any format or medium provided it is reproduced accurately and not used in a misleading context. In relation to the Curriculum Online Logos, You are licensed only to use them as part of viewing the web page, to print the web page off and when forwarding the web page to anyone else; You may not use, copy or amend them in any other way. |
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| 3.3 |
You may only use the material on the Portal for teaching and learning purposes and/or to consider the appropriateness of Certified Products for such purposes and not for any commercial purposes. Where any of the Crown copyright items on the Portal are being republished or copied to others, the source of the material must be identified and the copyright status acknowledged. The permission to reproduce Crown copyright material does not extend to any material on the Portal which is identified as being the copyright of a third party. However, You may read, copy, or print any third party material for internal business purposes. If You wish to use the third party material in any other way, then You may need to get permission from the relevant copyright holder. If you have any questions about third party material, please contact our helpdesk at help@curriculumonline.gov.uk. For further information on Crown copyright policy and licensing arrangements, see the guidance on the HMSO's website at www.hmso.gov.uk/guides.htm. |
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| 4 |
Links |
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| 4.1 |
We provide access via hypertext links to websites which provide Certified Products and to other websites which We think may be of interest to You. We are unable to accept responsibility for the content or the reliability of the linked websites and We do not necessarily endorse the views expressed within them. We cannot guarantee that these links will work all of the time and We have no control over the availability of the linked pages. |
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| 5 |
Virus protection |
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| 5.1 |
You will ensure (to the extent possible using best practice virus and similar protection software available from time to time and suitably configured and installed firewall arrangements and using good security practice current from time to time) that You do not and any Reviews or other information You Submit do not introduce any viruses to the Portal, corrupt any data on the Portal or related websites and databases or in any way have any adverse effect on the Portal, related websites and databases, their content and/or the equipment on which they are contained and operated. |
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| 5.2 |
Provided We use all reasonable endeavours to ensure that the material on the Portal is free from viruses, We will not accept any responsibility for any loss, disruption or damage to Your data or Your computer system which may occur whilst using material derived from the Portal or from any websites accessible via the Portal. |
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| 6 |
Reading Reviews and Third Party Material |
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| 6.1 |
We do not control the content of the Reviews or any Third Party Material on the Portal and as such do not guarantee the accuracy, integrity or quality of the Reviews or Third Party Material. However, We hereby exclude to the fullest extent permitted by law any liability for the Reviews and Third Party Material including but not limited to, liability for any errors or omissions in the Reviews or Third Party Material, or for any loss or damage of any kind incurred as a result of the use of any Reviews or Third Party Material. |
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| 6.2 |
We are not and cannot be responsible for the behaviour of Registered Users and Visitors whether on the Portal or outside of it. In particular, We do not pre-screen (other than to routinely check for obscene words) or monitor any Submitted Reviews or Third Party Material or any email correspondence to Registered Users through the Portal. Please contact Us by emailing us at help@curriculumonline.gov.uk if You find anything on the Portal which You think is defamatory, obscene, inaccurate, misleading, abusive, harassing or which infringes the statutory or common law rights of any third party. |
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| 7 |
Our Liability to You |
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| 7.1 |
Your use of the Portal and the Full Curriculum Online Service (if appropriate) is entirely at Your own risk. |
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| 7.2 |
We do not limit our liability for death or personal injury as a result of Our negligence or that You suffer as a consequence of any fraud by Us. |
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| 7.3 |
We shall not be liable to You in contract, tort (including negligence) or otherwise for: |
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| 7.3.1 |
any damage or loss arising from the consequence of viruses received by You via the Portal (provided We use all reasonable endeavours to ensure that the material on the Portal is free from viruses) or of Our failure to provide the Portal in accordance with the User Terms; |
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| 7.3.2 |
any economic loss (including loss of business, contracts, profits, revenues, capital or anticipated savings), any indirect, special or consequential loss, loss of data, goodwill or reputation or for any wasted expense including but not limited to losses caused by viruses. |
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| 7.4 |
Subject to Clause 7.2, any liability We may have to You whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by You in relation to the Portal is limited to £2,000 per year. |
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| 7.5 |
Subject to Clause 7.2, any liability You may have to Us whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by You in relation to the Portal is limited to £2000 per year. |
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| 7.6 |
We may suspend or terminate the Portal at any time without giving notice to You. We shall have no liability to You for any interruption, delay or failure in access to the Portal irrespective of the cause. |
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| 7.7 |
Except as expressly stated in these User Terms, the Portal is provided on an "as is" basis, and all warranties and conditions, whether express or implied by statute, common-law or otherwise (including but not limited to fitness for purpose) are hereby excluded to the extent permitted by law. |
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| 8 |
Indemnity |
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| 8.1 |
You shall indemnify and hold Us harmless against all and any losses, costs, damages, liabilities, claims, demands and expenses (including legal fees) suffered or incurred by Us arising out of or connected with: |
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| 8.1.1 |
Your use of the Portal; |
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| 8.1.2 |
Your breach of the User Terms; |
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| 8.1.3 |
any Reviews or other information Submitted by You including, without limitation any claims, demands or actions arising from any infringement or alleged infringement of any Intellectual Property Rights by the use, possession or other dealing with Your Reviews or other information. |
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| 8.2 |
You shall promptly notify Us if any claim or demand is made or action brought to which Clause 8.1 may apply. |
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| 8.3 |
We shall promptly notify You if any claim or demand is made or action brought to which Clause 8.1 may apply. |
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| 8.4 |
We shall at Our own expense conduct any litigation arising therefrom and all negotiations in connection therewith, in which case You will (a) grant to Us exclusive control of any such litigation and such negotiations (b) at Our request and expense afford to Us all reasonable assistance for the purpose of contesting the claim, action or demand and (c) not make any admissions which may be prejudicial to the defence or settlement of the claim, demand or action. |
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| 9 |
Provisions for Registered Users Only |
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Conditions for Registration |
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| 9.1 |
Visitors who register for the Full Curriculum Online Service in accordance with these User Terms will become "Registered Users". |
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Full Curriculum Online Service |
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| 9.2 |
As well as being able to browse the Portal, Registered Users may |
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| 9.2.1 |
Submit Reviews; |
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| 9.2.2 |
opt to receive emails from other Registered Users and Visitors; |
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| 9.2.3 |
save search preferences; and |
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| 9.2.4 |
save the wish list; |
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| 9.3 |
You shall provide only true and accurate information to the Full Curriculum Online Service at all times. |
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| 9.4 |
If there are any changes to any information provided by You it is Your responsibility to inform Us as soon as possible. |
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| 9.5 |
As part of the registration process, You will be asked to choose a user name and a password. You are responsible for maintaining the confidentiality of this user name and password and are fully responsible for all activities which occur under this user name and password. You shall notify Us immediately of any unauthorised use of Your user name and password. We will not be liable for any loss or damage arising from Your failure to comply with this section. |
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| 9.6 |
A Visitor can become a Registered User with the Full Curriculum Online Service free of charge. |
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Posting Reviews |
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| 9.7 |
Only Registered Users can Submit Reviews. |
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| 9.8 |
You are entirely responsible for all the Reviews You Submit. |
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| 9.9 |
All Intellectual Property Rights in the Reviews that You Submit shall vest in You or Your licensors. |
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| 9.10 |
With respect to all Reviews and other information which You Submit, You grant Us a world-wide, irrevocable, non-exclusive and royalty-free licence to use, reproduce, modify, adapt, provide access to, transmit, publicly display and otherwise deal with (including sub-licensing others) Your Reviews and other information for the purpose of advertising, marketing and promoting the Portal and making Your Reviews and information available to other Registered Users and other Visitors of the Portal and other websites which link to it and otherwise dealing with Your Reviews and other information in connection with Curriculum Online and related schemes. |
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| 9.11 |
Where Your Review refers to a particular content provider, we will notify that content provider who shall have the right to respond to Your Review. Any responses shall be posted on the Portal unless the response is proven to be unfair or inaccurate (in which case We shall remove it within 28 days of this being proven to be the case). |
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| 9.12 |
You warrant that: |
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| 9.12.1 |
You shall not Submit any Reviews which contain, provide access to, or are in any way connected or linked to any material which is defamatory, obscene, inaccurate, misleading, abusive harassing or which infringes the statutory or common law rights of any third party; |
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| 9.12.2 |
the Reviews which You Submit to the Portal, their accessibility to and use by other persons visiting the Portal and their use and other dealing for any purpose under Clause 9.10shall not infringe any Intellectual Property Right of any third party; and |
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| 9.12.3 |
the Reviews shall comply and be provided in accordance with all applicable laws, enactments, orders, regulations, and other similar instruments. |
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| 9.13 |
We reserve the right to reject, edit or remove (or require You to edit or remove) at any time any Reviews or other information that You Submit to the Portal if We consider that You or the Review or information You Submit is in breach of any provision of these User Terms and in particular (without limiting the generality of this Clause) if We consider that Your Reviews are defamatory or obscene. In addition, We may remove Your Review if the Certified Product to which it relates is no longer linked to the Portal. |
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Termination of Your Registration |
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| 9.14 |
We reserve the right to suspend or terminate Your registration or Your access to the Full Curriculum Online Service or parts of it at any time upon written notice direct to the email address with which You have provided us if: |
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| 9.14.1 |
You fail to comply with these User Terms; or |
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| 9.14.2 |
Your Reviews have in Our reasonable opinion adversely affected or may adversely affect our reputation or any of the services We provide; |
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| 9.15 |
You may terminate Your registration at any time by submitting a termination request to help@curriculumonline.gov.uk. You will receive a message from Us confirming Your termination. |
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| 9.16 |
We can close or modify the Portal or the Full Curriculum Online Service for any reason at any time without notice to You. In this case Your registration will come to an end. |
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| 9.17 |
The termination of Your registration shall not prejudice or affect any right of action or remedy which shall have accrued or thereafter accrue to either party. |
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| 9.18 |
Clauses 9.7 to 9.13 and 9.18 shall survive the termination of Your registration. All the other User Terms shall apply if You continue to access and Use the Portal as a Visitor. |
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| 10 |
Other things You need to know |
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| 10.1 |
We reserve the right to change these User Terms at any time by posting changes online. Please check regularly. Your continued use of the Portal after changes are posted constitutes Your acceptance of these User Terms as modified by the posted changes. |
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| 10.2 |
The provision of the Portal and the application of these User Terms are governed by English law and shall be subject to the exclusive jurisdiction of the English Courts. |
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| 10.3 |
These User Terms shall not create any rights that shall be enforceable by anyone other than You and Us. |
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| 10.4 |
You shall not assign, novate, or otherwise dispose of or deal with Your rights or obligations under these User Terms or any part thereof without our consent. |
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| 10.5 |
We may assign, novate or otherwise dispose of our rights and obligations under these User Terms or any part thereof to any third party without Your consent. |
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| 10.6 |
If any part of these User Terms is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the User Terms. |
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| 10.7 |
Our privacy policy also forms part of these User Terms and by agreeing to these User Terms, You also give Your consent to the way we may handle Your personal data in that policy. |
